HomeMy WebLinkAboutEmpire Building Materials Storage Building Site Plan
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Empire Building Materials Storage Building Site Plan, Variances and
Certificate of Appropriateness Application - #Z-09089
MEETING DATE: July 20, 2009
AGENDA ITEM TYPE: Action
RECOMMENDATION: That the City Commission take separate action on each of the five
variance requests to the Bozeman Municipal Code, and the request for approval to allow further
development of the site without access to municipal sewer, and then take final action on the
overall Site Plan and Certificate of Appropriateness application.
The 7 separate action items are as follows:
Variance #1: Section 18.44 – Variance request to required upgrades to Pear and L Streets
adjacent to the subject property. (See pg. 11 and 12 of Staff Report for item
comments)
Variance #2: Section 18.46.020.J and 18.46.020.F- Variance request to required parking
lot surfacing and curbing. (See pg.13 of Staff Report for item comments)
Variance #3: Section 18.38.060.C - Variance request to the required setbacks for fencing
and storage of material from Pear Street. (See pg. 14 of Staff Report for item
comments)
Variance #4: Section 18.46.040 (Table 46-3) – Variance request to the number of parking
spaces provided. (See pg. 15 of Staff Report for item comments)
Variance #5: Section 18.20.020 (Table 20-1), Section 18.42.130G and Section 18.42.160A-
Variance request for screening of outdoor storage from the Pear Street and
I-90 sides of the property(s). (See pg. 16 of Staff Report for item comments)
Item #6: Request for approval to allow further development of the site without access
to municipal sewer under 18.38.030.D Use of Lands – Buildings and
Structures, Municipal Infrastructure Requirements. (See pg.17 of Staff
Report for item comments)
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Item #7: Approval of Site Plan and Certificate of Appropriateness Application #Z-
09089 with the conditions of approval and code provisions listed in the Staff
Report and with the variances and any conditions attached thereto as
addressed separately in action items #1 through #6.
BACKGROUND: Property owners, Empire Building Materials and Ponderosa Land Company,
and representative, Thinktank Design Group, LLC, have made application for Site Plan, with
Variances, and Certificate of Appropriateness (COA) approval to allow the construction of an
8,000 square foot storage building at the Empire Building Materials site located at 1101 Pear
Street (Pear and L Streets) as generally depicted on the attached aerial photograph. The property
is zoned M-2 (Heavy Manufacturing and Industrial District). The intent of the M-2 district is to
provide for heavy manufacturing and industrial uses servicing vocational and employment needs
for Bozeman residents.
The subject property has been utilized for many years for the proposed use (i.e. building
materials storage) that is part of this application. In its simplest context, the application merely
proposes to construct an additional building to enclose materials that are currently stored outside.
The applicant has proposed certain site improvements in conjunction with this application,
including some parking lot improvements, and screening and landscaping along L Street for the
Empire portion of the site.
As part of the code requirements for this project, several additional improvement standards are
triggered including upgrades to L and Pear Streets. Variances have been requested to many of
these improvement requirements as identified above. A request has also been made to allow
further development of the site without access to municipal sewer through continued use of the
existing septic system. The application also proposes to continue to store materials and have
fencing, (via one of the requested variances), within a required setback from Pear Street that has
been approved by the City Commission two previous times (Project #Z-01040A and #C-04006)
for the Ponderosa portion of the property.
The standard review authority for Site Plans with variances is the Board of Adjustment. On May
26, 2009, the City Commission voted affirmatively to reclaim jurisdiction of this application
from the Board of Adjustment. The City Commission is the final review authority for this
application.
FISCAL EFFECTS: The Department of Planning is not aware of any fiscal effects for the
proposed development at this time.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Aerial Photograph
Staff Report
Applicant’s Submittal Materials
Report complied on: July 15, 2009
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CITY COMMISSION STAFF REPORT
EMPIRE BUILDING MATERIALS STORAGE BUILDING SITE PLAN, VARIANCES AND
CERTIFICATE OF APPROPRIATNESS APPLICATION
FILE NO. #Z-09089
Item: Zoning Application #Z-09089, Site Plan with Variances and
Certificate of Appropriateness application to allow the construction of
an 8,000 square foot storage building at Empire Building Materials
located at 1101 Pear Street. The property is zoned M-2 (Heavy
Manufacturing and Industrial District). Said application also includes
a setback variance for the Ponderosa Land Company storage
property located on the south side of Pear Street (across from Empire
Building Materials).
Reclaimed for review by the City Commission on May 26, 2009.
Owner/Applicant: Empire Building Materials
PO Box 220
Bozeman, MT 59771
Ponderosa Land Company
PO Box 1387
Bozeman, MT 59715
Representative: Thinktank Design Group, Inc. (Brian Caldwell)
600 N. Wallace Avenue, Loft #3
Bozeman, MT 59715
Date: City Commission Meeting: Monday, July 20, 2009 at 6:00 p.m. in the
City Commission Room, 121 N. Rouse Avenue, Bozeman, Montana.
Report By: Doug Riley, Associate Planner
Recommendation: Conditional Approval
______________________________________________________________________________
PROJECT LOCATION
The subject property is addressed as 1101 Pear Street (located on both sides of the intersection of Pear
and L Streets) and is legally described as Parcels A, B, C of COS 539 and Tract 1 of COS #1363 in SE
¼ of Sec. 6, T, 2 S, R6E, P.M.M. City of Bozeman, Gallatin County, Montana. The zoning designation
for said property is M-2 (Heavy Manufacturing and Industrial District) and the site is located within the
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I-90 Entryway Corridor. Please refer to the following vicinity map and the aerial photograph(s) supplied
as part of the packet materials.
PROPOSAL
Property owners, Empire Building Materials and Ponderosa Land Company, and representative,
Thinktank Design Group, LLC, have made application for Site Plan, with Variances, and Certificate of
Appropriateness (COA) approval to allow the construction of an 8,000 square foot storage building at
the Empire Building Materials site located at 1101 Pear Street (Pear and L Streets). The variances being
requested from the Bozeman Municipal Code are as follows:
Variance #1: Section 18.44 – Variance request to required upgrades to Pear and L Streets
adjacent to the subject property. (See pg. 11 and 12 of Staff Report for item
comments)
Variance #2: Section 18.46.020.J and 18.46.020.F- Variance request to required parking lot
surfacing and curbing. (See pg.13 of Staff Report for item comments)
Variance #3: Section 18.38.060.C - Variance request to the required setbacks for fencing and
storage of material from Pear Street. (See pg. 14 of Staff Report for item comments)
Variance #4: Section 18.46.040 (Table 46-3) – Variance request to the number of parking spaces
provided. (See pg. 15 of Staff Report for item comments)
Variance #5: Section 18.20.020 (Table 20-1), Section 18.42.130G and Section 18.42.160A-
Variance request for screening of outdoor storage from the Pear Street and I-90
sides of the property(s). (See pg. 16 of Staff Report for item comments)
The application also includes a request for approval to allow further development of
the site without access to municipal sewer under 18.38.030.D Use of Lands –
Buildings and Structures, Municipal Infrastructure Requirements. (See pg.17 of
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Staff Report for item comments)
On June 24, 2009 the Development Review Committee (DRC) completed a three week review and
recommended conditional approval of the application. Their recommended conditions and comments
are included in this report.
RECOMMENDATION & CONDITIONS OF APPROVAL
The Development Review Committee finds that the application, with conditions, is in general
compliance with the adopted Growth Policy and Title 18 of the Bozeman Municipal Code. The
following conditions of approval are recommended. Please note that these conditions are in addition to
the required code provisions listed on pages 4 through 7 of this report.
Planning
1. The Final Site Plan for this project shall comply with all applicable requirements of Title 18 of
the BMC unless a variance has been granted to a specific Code requirement.
2. Upon submitting the Final Site Plan for approval by the Planning Director and prior to issuance
of a building permit, the applicant shall submit a written narrative outlining how each of the
conditions of approval and code provisions have been satisfied.
Engineering
3. Pear Street shall be improved to a full city standard local street including but not limited to asphalt, curb
& gutter, sidewalk, necessary utility extensions, and storm drainage along the entire frontage of the
property unless a variance is granted by the City Commission. If the variance is granted, the applicant
shall provide a waiver of right to protest creation of an SID for the improvements.
4. L Street shall be improved to a full city standard local street including but not limited to asphalt, curb &
gutter, sidewalk, necessary utility extensions, and storm drainage along the entire frontage of the property
unless a variance is granted by the City Commission. If the variance is granted, the applicant shall
provide a waiver of right to protest creation of an SID for the improvements.
5. A trunk sewer main shall be installed to provide service to the property as shown in the Wastewater
Facilities Plan, and all building with plumbing shall be connected to city water and sewer unless the City
Commission determines that it is in the City’s long term best interest to allow the use of non-municipal
systems as required by section 18.38.030.D of the UDO. If the determination is made that it is in the
City’s best interest, the applicant shall comply with all of the requirements of that section.
ZONING DESIGNATION & LAND USES
The property is zoned M-2 (Heavy Manufacturing and Industrial District). The intent of the M-2 district
is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs
for Bozeman residents.
The following zoning and land uses are adjacent to the subject property:
North: Interstate-90 - Across I-90: Un-annexed County land
South: Zoned M-2 – Railroad and Industrial uses
West: Zoned M-2 – City water booster station, trail and vacant land
East: L Street - Across L-Street: Zoned M-2 - Industrial uses and vacant
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ADOPTED GROWTH POLICY DESIGNATION
The Future Land Use Map of the Bozeman 2020 Community Plan (Fig. 3-1) designates the subject
property, as well as all adjacent properties, to develop as “Industrial.” This classification provides areas
for the uses which support an urban environment such as manufacturing, warehousing, and
transportation hubs. Development within these areas is intensive and is connected to significant
transportation corridors. In order to protect the economic base and necessary services represented by
industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged.
Although use in these areas is intensive, these areas are part of the larger community and shall meet
basic standards for landscaping and other site design issues and be integrated with the larger community.
In some circumstances, uses other than those typically considered industrial have been historically
present in areas which were given an industrial designation in this growth policy. Careful consideration
must be given to public policies to allow these mixed uses to coexist in harmony.
REVIEW CRITERIA & STAFF FINDINGS
Section 18.34.090 “Site Plan and Master Site Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, Development Review Committee, and when appropriate, the Administrative Design
Review Staff, the Design Review Board or Wetlands Review Board, shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy;
The development proposal is in conformance with the Bozeman 2020 Community Plan and the
“Industrial” classification. The development will allow the continued use of this existing
Industrial/Warehouse site at a location that has been recognized for such Industrial use.
2. Conformance to this title, including the cessation of any current violations;
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 following code provisions must be
addressed prior to final site plan approval:
Planning
a. Section 18.34.130 requires the applicant to submit seven (8) copies of a Final Site Plan within 6
months of preliminary approval containing all of the conditions, corrections and modifications to
be reviewed and approved by the Planning Office.
If occupancy of any structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security equal to
one and one-half times the amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less than twelve (12) months;
however, the applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
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b. Section 18.34.140 states that a Building Permit must be obtained prior to the work, and must be
obtained within one year of Final Site Plan approval.
c. Section 18.42.170 requires a trash receptacle to be appropriately sized for the use and approved
by the City Sanitation Department. Accommodations for recyclables must also be considered.
All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan,
indicating the location of the trash enclosure, dimensions of the receptacle and enclosure and
details of the materials used, shall be sent to and approved in writing by the City Sanitation
Division (phone: 582-3236) prior to final site plan approval.
d. If any stormwater retention or detention areas are required, they must meet the design standards
of Section 18.42.080.F and H of the BMC and the details of said facility to meet these
requirements shall be submitted as part of the final site or landscaping plan.
e. Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment
should be incorporated into the roof form and ground mounted equipment shall be screened
with walls, fencing or plant materials. Details of all mechanical screening shall be submitted
with the final site plan application.
f. Sections 18.42.150 and 18.42.150.B.2 requires compliance for all existing and proposed
lighting on the site. A lighting plan for replacement of existing non-complying and any new on-
site lighting, including wall-mounted lights on the buildings, shall be included in the final site
plan submittal. Lighting cut-sheets shall be provided with the final site plan. Said lighting plan
shall include illumination levels to adjacent properties and right-of-ways.
g. Sections 18.48.050.C, 18.48.050.E, 18.48.060, 18.78.100.C and 18..42.100.B.6 state that the
final landscape plan must meet all of the minimum landscape standards, fulfill the necessary
points and be signed and certified by a landscape professional.
h. Section 18.52.060 outlines the amount of permitted signage for the property. Sign permits shall
be reviewed and approved by the Planning Office prior to the construction and installation of
any on-site signage.
i. Section 18.74.030.A requires that the applicant shall provide certification by the architect,
landscape architect, engineer or other applicable professional that all improvements, including
but not limited to, landscaping, ADA accessibility requirements, private infrastructure and other
required elements were installed in accordance with the approved site plan, plans and
specifications.
Engineering
j. The FSP shall be adequately dimensioned.
k. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to
remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City
Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations),
storm water detention/retention basin details (including basin sizing and discharge calculations, and
discharge structure details), storm water discharge destination, and a storm water maintenance plan.
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A storm water easement must be established on the adjacent property and filed with the County Clerk and
Recorder's Office for the retention pond and discharge course if located off the subject property.
l. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private
Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided
to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana
Department of Environmental Quality. The applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of mylar record
drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at
that time. Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been conducted.
No building permits will be issued prior to City acceptance of the infrastructure improvements,
unless all of the requirements for 18.74.030.C.1.b are met to allow for concurrent construction.
m. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire
Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City
Engineer prior to initiation of construction of the fire service or fire protection system. The applicant
shall also provide Professional Engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
Plans and specifications for fire service lines must be a separate, stand alone submittal meeting the
requirements of the COB design standards for fire lines. They cannot be part of infrastructure or
final site plan sets.
n. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the
utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of
easement.
o. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent.
City of Bozeman applications for service shall be completed by the applicant.
p. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire
hydrants. Proposed main extensions shall be labeled "proposed".
q. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete
apron, sidewalk section and drop-curb) and shown as such on the FSP, unless the variance is granted
from the street improvement requirements by the City Commission.
r. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off
property line) along the street(s) frontage unless the variance is granted from the street improvement
requirements by the City Commission. Any deviation to the standard alignment or location must be
approved by the City Engineer.
s. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be
provided to and approved by the City Engineer. Concrete curbing shall be provided around the
entire new parking lot perimeter and adequately identified on the FSP and the lot shall be paved
unless a variance is granted from the City Commission.
t. The Montana Fish, Wildlife & Parks, NRCS, Montana Department of Environmental Quality and Army
Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e.,
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310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
u. All existing utility and other easements must be shown on the FSP.
v. Adequate snow storage area must be designated outside the sight triangles, but on the subject property
(unless a snow storage easement is obtained for a location off the property and filed with the County
Clerk and Recorder's office).
w. Drive approach and public street intersection sight triangles shall be free of plantings which at mature
growth will obscure vision within the sight triangle.
x. If construction activities related to the project result in the disturbance of more that 1 acre of natural
ground, an erosion/sediment control plan may be required. The Montana Department of Environmental
Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water
Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be
prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100' from State Waters.
y. The applicant shall submit a construction route map dictating how materials and heavy equipment will
travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development
Ordinance. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
z. All construction activities shall comply with section 18.74.020.A.2. of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets.
The City may require a guarantee as allowed for under this section at any time during the construction to
ensure any damages or cleaning that are required are complete. The developer shall be responsible to
reimburse the City for all costs associated with the work if it becomes necessary for the City to correct
any problems that are identified.
3. Conformance with all other applicable laws, ordinances, and regulations;
The final site plan submittal will be reviewed to ensure compliance with this section. Also, the
project will also have to meet all other applicable laws, ordinances, and regulations throughout
the construction as well as during occupancy of the project.
4. Relationship of site plan elements to conditions both on and off the property;
The subject property has been utilized for many years for the use (i.e. building materials storage)
proposed as part of this application. In its simplest context, the application merely proposes to
construct an additional 8,000 square foot building to enclose materials that are currently stored
outside. The application also proposes to continue to store materials, (via one of the requested
variances), and to continue to have fencing within a required setback from Pear Street that has
previously been approved by the City Commission two previous times (Project #Z-01040A and
#C-04006). The applicant has proposed certain site improvements in conjunction with this
application, including some parking lot improvements, and screening and landscaping along L
Street for the northern portion of the site. As part of the standard code requirements for this
project, several additional improvement standards are triggered including upgrades to L and Pear
Streets. Variances have been requested to many of these improvement requirements as detailed
in the variance review section of this report.
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5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
It is not envisioned that this proposal will increase the traffic for this site significantly above
existing conditions. However, due to the request to construct an additional storage building on
the site, the requirement for the improvement of the adjoining streets (L and Pear Streets) is
triggered. As previously noted, the applicant has requested a variance to these specific street
improvement requirements. The analysis of these variances is contained within the variance
review section of this report.
The applicant is proposing some upgrades to the existing parking lot in front of the Empire
Building Materials building including striping and the addition of a handicapped accessible space
as required by code. A variance has been requested to the requirement for the construction of any
additional parking spaces on the site as analyzed in the variance review section of this report.
6. Pedestrian and vehicular ingress and egress;
There are no existing sidewalks or other pedestrian provisions existing on the site along L or
Pear Streets adjacent to the subject property(s). As part of the variance request to the upgrading
of the adjacent streets, this requirement is being requested to be waived as well.
There is an existing gravel fines trail (part of the Story Mill Spur Trail) along the south and west
sides of the site that connects to L Street to the southeast and under the overpass for I-90 to the
northwest (as shown in the provided aerial photograph).
For vehicles, the site accesses are proposed to remain unchanged with the development.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space, and pedestrian areas, and the preservation or replacement of
natural vegetation.
The landscape design is required to meet the standard of 15 points. The landscape plan currently
designates that 20 points are provided or will be met on site. The final landscape plan will be
reviewed during final site plan review for conformance with the requirements of Chapter 18.48
of the BMC. Landscaping and street tree plantings along Pear Street have been requested to be
waived as part of the variance request to the upgrades for Pear Street.
8. Open space;
No residential component is included with the development proposal. Therefore, no open space
is required by the BMC.
9. Building location and height;
The proposed building will match the height and general appearance of the other existing storage
buildings on the site. The maximum height allowed in the M-2 District is 45’ and the building
proposed will be under this height limit. The building itself is also proposed to meet the setback
requirements from the required (15’) setback to the Pear Street right-of-way. Again, a variance(s)
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has been requested to continue to allow the existing fencing located along Pear Street to remain
within the Pear Street setback as analyzed in the variance review section of this report.
10. Setbacks;
The required setbacks that are not being met as part of this proposal are for the existing fencing
and storage of material within the required 15’ Pear Street setback. A variance was granted by
the City Commission in 2001 and then again in 2004 to allow this fencing and storage of
material for the Ponderosa Land Company side of the property (i.e. the south/west side of Pear
Street). However, those variances were granted for 3 years and the last variance expired on
October 18, 2007. This Pear Street setback variance issue is further analyzed in the variance
review section of this report.
11. Lighting;
No new lighting is proposed as part of this application. However, Section 42.150.B.2 requires
compliance for all existing and proposed lighting on the site as part of further development that
requires Site Plan or COA approval. There are several existing parking lot type lights and a few
building mounted lights that do not meet current full-cut off requirements that must be replaced
as part of this project. As noted in the listed code provisions, the Final Site Plan must indicate the
specific type of fixtures proposed and their location. Cut sheets and light details shall be
provided with the final site plan. All lighting must conform to code requirements.
12. Provisions for utilities, including efficient public services and facilities;
Water service exists for the property(s) and a hydrant is currently located within the Pear Street
right-of-way at approximately the midpoint of the site. Municipal sewer does not currently serve
the site and a request has been made under Section 18.38.030.D (Municipal Infrastructure
Requirements) of the BMC to continue to allow the applicant to utilize the existing on-site septic
system to serve the building(s). Note, the new storage building is not proposed to have any sewer
or water provisions. Engineering’s analysis of this request follows the variance review section of
this report.
13. Site surface drainage;
Existing parking lot drainage for the project is handled through surface detention/retention.
Stormwater runoff calculations will be required as part of the final site plan submittal to confirm
that the system will be able to accommodate the quantity of stormwater produced by the site.
14. Loading and unloading areas;
Due to the nature of this use, the interior of the site essentially functions as a loading/unloading
area for stored or warehoused materials The screening of the interior of the site is further
addressed in Section 17 (Screening) below and in the variance review section of this report as a
variance has been requested to the screening requirements of the BMC along Pear Street and I-
90.
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15. Grading;
The applicant indicates that the existing grades will be maintained as part of this project and only
limited grading may need to take place to account for stormwater control caused by the new
building.
16. Signage;
No specific or new signage is proposed as part of this application. As required by code
provisions, any new signage shall require a sign permit prior to installation.
17. Screening;
Section 18.20.020 (AUTHORIZED USES) Table 20-1, Note 6, Section 18.42.130.G and Section
18.42.160.A of the BMC requires the screening of “outside storage” for this Industrial use from
streets and surrounding properties. Currently the Pear Street fencing and the L Street fencing
north of the building, as well as the fencing along I-90, do not contain any screening materials.
To address these requirements. the applicant has proposed to provide the required screening
along L Street to match what has been previously provided for the Ponderosa portion of the
property. A variance has been requested to the screening requirement along Pear Street and I-90
as further analyzed in the variance review section of this report.
All rooftop and ground mounted mechanical equipment will have to be screened as noted in the
listed code provisions.
18. Overlay district provisions;
This property lies within the I-90 Class 1 Entryway Corridor and, therefore, technically requires
a Certificate of Appropriateness (COA) as part of the project review.
The guidelines listed in the Design Objectives Plan for I-90 are:
1. The highway edge should be primarily “natural” in character with native trees and
related plantings at interchanges.
2. Provide site and building improvements to the side of the buildings that face the
Interstate.
Buffer parking and service areas from the interstate.
Consider providing an entrance feature on the sides of buildings that face the
interstate.
Screen mechanical equipment that can be viewed from above.
3. Reduce the visual impact of industrial operations.
Provide landscape buffers in areas of equipment and product storage.
Service areas that involve the transfer of goods should also be screened from
view.
Due to the very significant grade difference between I-90 and this site, there is very little that
could be done to limit or screen the exposure of this existing industrial operation from I-90 in
accordance with the above design guidelines; (such as buffering the view with landscaping or
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other screening). The screening of the site from adjacent properties and the other adjacent local
streets, however, are still required under the BMC as previously discussed in the Screening and
variance review section of this report.
19. Other related matters, including relevant comment from affected parties; and
As of the writing of this report, no public comment has been received by the Department of
Planning and Community Development in response to the noticing of this project. Any public
comment received after the compilation of the Commissioner packets will be delivered to the
Commissioners at the hearing.
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved configuration
or use of the property or cause the development to become nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming.
N/A
VARIANCE REVIEW SECTION:
Section 18.66.060.C “Zoning Variances: Criteria for Consideration and Decision”
The variances being requested from the Bozeman Municipal Code are as follows:
1) Section 18.44 - Variance(s) are requested to the required upgrades to Pear and L Streets
adjacent to the subject property;
2) Section 18.46.020.J - A variance is being requested to required parking lot curbing;
3) Section 18.38.060.C - Variance(s) are requested to the required setbacks for fencing and
storage of material from Pear Street;
4) Section 18.46.040 (Table 46-3) – A variance is being requested to the number of parking
spaces provided;
5) Section 18.20.020 (Table 20-1), Section 18.42.130G and Section 18.42.160A- Variance(s) are
being requested for screening of outdoor storage from the Pear Street and I-90 sides of the
property(s).
The Engineering and Planning Staff have reviewed these variance requests individually under the
required criteria and offer comments below:
(Engineering Staff provided comments for Variances #1 and #2 and Planning Staff provided
comments for Variances #3, #4 and #5).
Note: In acting on an application for a variance, the City Commission shall designate such lawful
conditions as will secure substantial protection for the public health, safety and general welfare,
and shall issue written findings setting forth factual evidence that the following criteria have
been satisfied.
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Variance #1: Section 18.44 – Variance request to required upgrades to Pear and L Streets
adjacent to the subject property:
A. The variance will not be contrary to and will serve the public interest;
Granting of the variance will be contrary to the public interest. Unimproved streets create a
multitude of problems including but not limited to dust from both traffic and wind, mud and
gravel drag-on, drainage control, and lack of pedestrian facilities. Additionally there are added
public expenses with the grading of gravel roads, and at some point, it will likely become the
responsibility of the City to improve the street if it is not required of development.
B. The variance is necessary, owing to conditions unique to the property, to avoid an
unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of the title;
· Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for
greater financial returns; and
· Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
There are no conditions unique to the property which would unavoidably result in an undue
hardship if the code is enforced. Both L and Pear Streets are basically there right now, they are
just not constructed to City standards. Improvement to City standards would only require
standard construction practices for installing the gravel courses, concrete and asphalt.
C. The variance will observe the spirit of this title, including the adopted growth policy, and
do substantial justice.
The variance would not observe the spirit of the title, including the growth policy, or do
substantial justice. The spirit of the title is to insure that every development is done in such a
manner that the necessary infrastructure is installed to support it and the general public. The
lack of improved streets and pedestrian facilities does not support the intensification of the use
on the site, and as stated in 1 above, creates problems for the public and the City.
Summary: Staff does not support the variance request. Part of any development project within the
City limits includes improvement of streets in all adjacent rights of way. For local streets
such as these, it has always been the practice of the city to require the entire width be
improved (including curb and gutter on both sides) consistent with the conditions being
recommended for this project. Not improving streets creates a number of problems
including dust, mud, drainage control, and lack of pedestrian facilities. It also increases
public costs in the maintenance and possibly in the eventual improvements to the street.
The argument that the street has served the business in its current condition and will
continue to because there is very little additional traffic, does not address any of the
inherent problems and could be claimed with many developments.
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Variance #2: Section 18.46.020.J and 18.46.020.F- A variance is being requested to required
parking lot surfacing and curbing;
A. The variance will not be contrary to and will serve the public interest;
Granting of the variance will be contrary to the public interest. Much like streets, unimproved
parking lots create a multitude of problems including but not limited to dust from both traffic and
wind, mud and gravel drag-on, drainage control, and keeping traffic and storage within a defined
area. Within a parking lot, improvements also define the drive aisle and parking areas which
allow for adequate traffic circulation and maintain access for emergency vehicles.
B. The variance is necessary, owing to conditions unique to the property, to avoid an
unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of the title;
· Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for
greater financial returns; and
· Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
There are no conditions unique to the property which would unavoidably result in an undue
hardship if the code is enforced. The parking areas are there right now, they are just not
constructed to any kind of standard. Improvement to typical parking lot standards would only
require standard construction practices for installing the gravel courses, concrete and asphalt.
C. The variance will observe the spirit of this title, including the adopted growth policy, and
do substantial justice.
The variance would not observe the spirit of the title, including the growth policy, or do
substantial justice. The spirit of the title is to insure the every development is done in such a
manner that the necessary onsite infrastructure is installed to support it and the general public.
The lack of improved parking areas does not support the intensification of the use on the site, and
as stated in 1 above, creates problems for the public.
Summary: Staff does not support the variance request. Part of any development within the city
limits is the construction of improved onsite parking areas. This is necessary to provide
adequate dust control, drainage control, eliminate mud being drug onto city streets, and
define the limits of traffic and storage within the property. It is also crucial controlling
access and the traffic flow to and within a site. The fact that the property is not open to
the public does not justify the variance since the employees and delivery trucks accessing
the site will create all of the same problems. Finally, the argument that the street has
served the business in its current condition and will continue to because there is very little
additional traffic, does not address any of the inherent problems and could be claimed
with many developments.
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Variance #3: Section 18.38.060.C - Variance(s) are requested to the required setbacks for fencing
and storage of material from Pear Street;
The requested variance is to allow the fencing along both sides of Pear Street and the storage of
material right up to the Pear Street right-of-way where a 15’ setback is required under Section
18.38.060.C of the BMC.
A. The variance will not be contrary to and will serve the public interest;
Setbacks and landscaping are requirements associated with developments adjacent to public
roadways providing a visual buffer and green space. The Commission previously granted two 3
year variances to this requirement for the Ponderosa Land Company side of Pear Street due to
the unimproved nature of this roadway (Variance #Z-01040A and C-04006) and those variances
have since expired. The conditions placed on the last variance approval were as follows:
“1. The applicant shall enter into an Improvements Agreement with the City committing to
the installation of required landscaping improvements and relocation of fence to
maintain the 15-foot corner side yard setback along Pear Street, upon notice from the
City that plans and specifications for Pear Street improvements have been approved and
funding is available to construct said improvements.
2. The requested variance from Section 18.38.060.C of the Bozeman Unified Development
Ordinance to allow a perimeter fence and storage of building materials to encroach 15
feet into the required 15-foot corner side yard along Pear Street shall be granted for an
additional 3 year period or until the disposition of Pear Street is determined by the
Bozeman City Commission, whichever occurs first.”
If the City Commission does not grant the variance to the required upgrades to Pear Street,
planning staff would recommend denial of this variance as well. This would match the original
variance approval in that it was only granted for a three year time period and/or until Pear Street
is improved.
B. The variance is necessary, owing to conditions unique to the property, to avoid an
unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of the title;
· Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for
greater financial returns; and
· Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
Again, if a variance is granted to the required upgrades to Pear Street, planning staff concurs
with the original analysis of the previous variance approval in that the public would not benefit
from the required 15 foot corner side yard setback until such time as Pear Street is improved.
C. The variance will observe the spirit of this title, including the adopted growth policy, and
do substantial justice.
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Again, if a variance is granted to the required upgrades to Pear Street, planning staff concurs
with the original analysis of the previous variance approvals in that the spirit of the title in
regards to this required setback would be observed until such time as Pear Street is improved.
Summary: Based upon the previous variance approval(s) by the City Commission to this standard,
and if the City Commission grants a variance to the requirement for upgrades to Pear
Street, planning staff supports this variance request. If the Commission is inclined to
grant this variance, a condition similar to Condition #1 (listed above under item A) from
the previous approval may still be warranted.
Variance #4: Section 18.46.040 (Table 46-3) – A variance is being requested to the number of
parking spaces provided;
Based upon the existing and proposed uses/buildings on the site and Table 46-3 of the BMC, a
total of 32 parking spaces are required for the site as noted in the applicant’s submittal
materials. As part of the applicant’s variance application, they have requested to be allowed to
provide 15 marked spaces along with one ADA Van Accessible space (which does not currently
exist). Therefore, the requested number of spaces requested for a variance is 17 spaces.
A. The variance will not be contrary to and will serve the public interest;
The applicant argues that the public interest is preserved in this case as this business is not open
to the public. Of course, the use or operation could change but staff believes that any significant
change in use would warrant re-review of the site and the parking requirements could be re-
evaluated at that time. Planning staff’s support of this variance request is made with the
condition that an ADA Van Accessible space according to code is installed as well as a bicycle
rack.
B. The variance is necessary, owing to conditions unique to the property, to avoid an
unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of the title;
· Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for
greater financial returns; and
· Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
Based on the nature of this use and the development of the property many years ago, a somewhat
unique hardship exists for the creation of additional parking spaces that may not be needed to
serve the existing use. In addition, the creation of additional marked spaces in a location that may
be needed for material storage or loading/unloading may present a difficult enforcement action in
ensuring these spaces remain available for standard vehicle parking.
C. The variance will observe the spirit of this title, including the adopted growth policy, and
do substantial justice.
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Based upon the historic use of this property for warehousing of building materials, (an industrial
use), and the adopted Growth Policy’s industrial classification of this property, the granting of a
variance to allow the majority of the site to continue to be utilized for said material storage
would allow the site to continue to be utilized for its historic industrial use to the greatest extent
possible.
Summary: Based upon the nature of this use, and the historic development of this property,
staff supports this variance request. If the City Commission is inclined to approve
this variance, staff would recommend a condition that an ADA Van Accessible
space according to code is installed as well as a bicycle rack for the existing
parking area.
Variance #5: Section 18.20.020 (Table 20-1), Section 18.42.130G and Section 18.42.160A-
Variance(s) are being requested for screening of outdoor storage from the Pear
Street and I-90 sides of the property(s).
A. The variance will not be contrary to and will serve the public interest;
Similar to the review of variance request #3, if a variance is granted to the required upgrades to
Pear Street, the public interest will probably be served in regards to not providing screening for
the fence along Pear Street as this roadway is very lightly utilized by the traveling public in its
present state and with the limited properties it serves.
The provision of screening along the I-90 side of the property is also very unrealistic due to the
substantial grade difference between I-90 and the applicants site/fence.
B. The variance is necessary, owing to conditions unique to the property, to avoid an
unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of the title;
· Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for
greater financial returns; and
· Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
Again, if variance is granted to the required upgrades to Pear Street, a unique situation exists for
the applicant in that this roadway will remain lightly utilized by the traveling public. The
elevation difference between the applicant’s fence (north property line) and I-90 certainly poses
a unique natural topographic condition that would make any installed screening meaningless to
the public traveling this roadway.
C. The variance will observe the spirit of this title, including the adopted growth policy, and
do substantial justice.
The intent of the screening requirement of the code is to provide a visual buffer to the traveling
public or adjacent properties from the view of outdoor stored materials. In this case, screening
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along Pear Street (if this roadway remains unimproved) and to I-90 (due to the grade difference)
would serve no real purpose in these regards.
Summary: Staff certainly supports the variance to the screening requirement along I-90 due
to the grade difference between this roadway and the applicant’s site. Providing
screening for the site along this boundary would serve no purpose and would be
totally ineffective.
If a variance is granted to the required upgrades to Pear Street (Variance #1), staff
also supports the variance to the screening requirement along Pear Street as this
roadway will continue to see very limited use by the traveling public and the
applicant’s own property abuts each side of Pear Street (i.e. the view is internal to
their own property). Similar to the setback variance to Pear Street, staff would
recommend that if Pear Street is improved in the future, this screening would be
provided in conjunction with the relocation of the fencing and storage of material
outside the required setback.
18.38.030.D USE OF LANDS –BUILDINGS AND STRUCTURES, Municipal Infrastructure
Requirements
The application also includes a request for approval under Section 18.38.030.D.1.a to allow further
development of the site without immediate access to municipal sewer.
Engineering Staff Comments:
This is not a variance request, however this section does require that the City finds that it is in its long
term best interest to allow development to occur (or continue as in this case) without connection to
municipal water and sewer. In this case the property is connected to City water but is on septic and is
proposing this continue as the method of sewage disposal. Engineering will always recommend
connection to City facilities. In this case we feel it is imperative to eliminate all point source discharges
up gradient of the WRF, particularly with the upcoming TMDL study on the Gallatin. This code
provision does not provide any criteria that must be met for this provision to be utilized. Economics can
be considered in the final decision which is what the applicant is using for justification. The cost of
extending sewer to the site would be significant in this case. It would require extension of
approximately 2400 lf of 24” main and 1200 lf of 8” main. Using the estimated unit prices from the
wastewater facility plan, this would equate to a cost of approximately $770,000.
CONCLUSION/RECOMMENDATION
The Development Review Committee, and Engineering and Planning Staff, reviewed the Site Plan and
Variance applications against the criteria set forth in Section 18.34.060 and 18.66.060 of Title 18,
Bozeman Municipal Code. Based on the evaluation of said criteria and findings by Staff, Staff
recommends to the City Commission approval of said application with the conditions and code
provisions outlined in this report.
Should the City Commission grant the variances and approve the site plan development, then the
applicant is hereby on notice that compliance with all other provisions of the Bozeman Municipal Code,
which are applicable to this project, is mandatory. The applicant is advised that unmet code provisions,
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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.
BECAUSE THIS APPLICATION INCLUDES REQUESTS FOR VARIANCES, AND BECAUSE
THE BOZEMAN CITY COMMISSION VOTED AFFIRMATIVELY TO ASSUME
JURISDICTION OVER THIS DECISION, THE BOZEMAN CITY COMMISSION SHALL
MAKE THE FINAL DECISION ON THIS APPLICATION. THE CONCURRING VOTE OF
FOUR MEMBERS OF THE COMMISSION IS NECESSARY TO EFFECT THESE
VARIANCES. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN
AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66.080 OF THE BOZEMAN
MUNICIPAL CODE.
Attachments: Applicant’s Submittal Materials
Report Sent to: Empire Building Materials, PO Box 220, Bozeman, MT 59771
Ponderosa Land Company, PO Box 1387, Bozeman, MT 59715
Thinktank Design Group, Inc. (Brian Caldwell), 600 N. Wallace Avenue, Loft #3
Bozeman, MT 59715
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Approx. locationwater service,per as-builtplans.G ateGateUtility pole(typ)Light pole (typ)Benchmark:Arrow bolt on fire hydrantElevation: 4738.79(City of Bozeman Datum)Pear StreetL StreetA pp rox. loc atio nexistin g septicExisting septictank lidExisting asphaltExisting asphaltExisting contourExisting buildingExisting buildingMailboxes4 73547354732473247334733473447344 7 3 6XX
H Y DGateL StreetMailboxesA1.1------31.34°A1.12EXISTINGBUILDINGEXISTINGBUILDINGPARCEL ACOS No. 539PARCEL BCOS No. 539PARCEL CCOS No. 539C1.14C1.1325' - 0"PROPOSEDPIT RUNPROPOSEDFINISH GRAVELSPEAR STREET RIGHT OF WAY60' - 0"PROERTYLINEEXISTINGFENCEPROPOSEDFENCEPROPOERTYLINEGROUP 1GROUP 2GROUP 3GROUP 4GROUP 5GROUP 6HC1234567891011121314ScaleDateDrawn ByChecked ByProject Number4/29/2009 10:08:39 AMC1.1SITE PLAN2009-011EMPIREBUILDINGMATERIALS,INC.TEMPORY COLDSTORAGE BUILDING4-29-2009BCEN 1" = 40'-0"1SITE PLAN FOR EMPIRE BUILDINGMATERIALS AND PONDEROSA LAND Co. 1" = 10'-0"2Pear Street road section 1" = 20'-0"3LANDSCAPE DESIGN 1" = 20'-0"4PARKING DESIGNNo. Description Date250
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