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HomeMy WebLinkAboutNorthwestern Energy Southside Substation Conditional Use Permit.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Tim McHarg, Planning Director Chris Kukulski, City Manager SUBJECT: Northwestern Energy Southside Substation Conditional Use Permit with Variances Application - #Z-10190 MEETING DATE: October 25, 2010 AGENDA ITEM TYPE: Action – Public Hearing RECOMMENDATION: That the City Commission take separate action on each of the three (3) variance requests to the Bozeman Municipal Code and then take final action on the overall Conditional Use Permit application. The four (4) separate action items for this project are as follows: Variance #1: Section 18.16.050.A.1.a – Variance request to the required 25 foot setback for a ten foot tall screening wall to the W. College Street right-of-way. (The setback to the existing screening wall will vary from 2 to 20 feet upon the granting of the additional right-of-way/public access easement for the roundabout construction at the intersection of W. College Street and S. 11th Avenue). (Recommended for approval by Staff - See pg. 12 of Staff Report for item comments) Variance #2: Section 18.16.050.A.1.b - Variance request to the required 20 foot setback for a ten foot screening wall to the S. 11th Avenue right-of-way. (The setback to the existing screening wall will vary from 2-20 feet upon the granting of the additional right-of-way/public access easement for the roundabout construction at the intersection of W. College Street and S. 11th Avenue). (Recommended for approval by Staff - See pg. 13 of Staff Report for item comments) Variance #3: Section 18.46.040.E - Variance request to the requirement for providing bicycle parking for the substation. (Recommended for approval by Staff - See pg. 14 of Staff Report for item comments) Item #4: Approval of Conditional Use Permit Application #Z-10190 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 Variance items #1 through #3. 123 BACKGROUND: Property owner/applicant, NorthWestern Corporation, and representative, Morrison-Maierle, have made application for Conditional Use Permit with Variances approval for changes to NorthWestern Energy’s Southside Substation located on the northwest corner of W. College Street and S. 11th Avenue. As the property is zoned R-4 (Residential, High Density District), the substation (which is classified as a Type II Essential Service), is not a permitted land use in this zoning district according to the Bozeman Municipal Code (BMC). However, due to the historical existence of the substation at this location, it is classified as a legal non- conforming use. As such, under the terms of Section 18.60.020 of the BMC, to alter, or expand this use, as this would entail, Conditional Use Permit (CUP) approval by the City Commission is required. The changes to the site include: a new service access to S. 11th Avenue and an approximately 5,100 square foot expansion of the secured portion of the site along S. 11th Avenue including the installation of approximately 100 feet of additional screening wall along S. 11th Avenue. These changes are proposed in large part due to the planned traffic circle (roundabout) at the intersection of W. College Street and S. 11th Avenue. The application includes variance requests to screening wall setback requirements to both W. College Street and S. 11th Avenue as well as a variance to code requirements for providing bicycle parking for the substation. This site has been in use as an electrical substation since approximately 1908. Originally locating the substation at the intersection of W. College Street and S. 11th Avenue provided electrical service to nearby Montana State College (University). The site has been modified over the years as equipment and technology has changed. The original substation tender’s residence located off from S. 11th Avenue was removed earlier this year to allow for the new access construction. It is this portion of the site that is now proposed to be enclosed by extending the 10 foot tall concrete screening wall along S. 11th Avenue to the north. The City is currently awaiting final roundabout design approval from the Montana Department of Transportation. The target date for the roundabout construction is during the 2011 construction season. As part of the roundabout construction, the applicant has agreed to grant the public street and utility easement necessary for the improvement. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. ALTERNATIVES: 1) Approval of the variances and conditional use permit as recommended by Staff. 2) Approval or Denial of the variances with approval of the conditional use permit with revised conditions. 3) Denial of the variances and conditional use permit. 4) As determined by the City Commission. FISCAL EFFECTS: The Department of Planning is not aware of any direct fiscal effects to the City for the changes to the site proposed as part of this application. Attachments: Staff Report 2007 Aerial Photo Applicant’s Submittal Materials Report complied on: October 14, 2010 124 CITY COMMISSION STAFF REPORT NORTHWESTERN ENERGY SOUTHSIDE SUBSTATION CUP/WITH VARIANCES FILE NO. #Z-10190 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 1 Item: Conditional Use Permit Application with Variances for changes to NorthWestern Energy’s Southside Substation located on the northwest corner of W. College Street and S. 11th Avenue. Conditional Use Permit approval is required from the City Commission for these changes as the existing substation is a non-conforming use in the underlying R-4 (Residential High Density) zoning district. Property Owner/ NorthWestern Corporation Applicant 121 E. Griffin Drive Bozeman, MT 59715 Representative: Morrison-Maierle (Bob Lee) P.O. Box 1113 Bozeman, MT 59771 Date: City Commission Hearing: Monday, October 25, 2010 at 6:00 p.m. Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Doug Riley, Associate Planner Recommendation: Conditional Approval ____________________________________________________________________________________ PROPOSAL An application has been submitted to the Department of Planning & Community Development requesting a Conditional Use Permit with Variances for changes to NorthWestern Energy’s Southside Substation located on the northwest corner of W. College Street and S. 11th Avenue. Conditional Use Permit (CUP) approval is required from the City Commission for these changes according to the Bozeman Municipal Code (BMC) as the existing substation is a non-conforming use in the underlying R-4 (Residential High Density) zoning district. The changes to the site include: a new service access to S. 11th Avenue and an approximately 5,100 square foot expansion of the secured portion of the site along S. 11th Avenue including the installation of additional screening wall along S. 11th Avenue. These changes are proposed in large part due to the planned traffic circle (roundabout) at the intersection of W. College Street and S. 11th Avenue. The application includes variance requests to screening wall setback requirements to both W. College Street and S. 11th Avenue as well as a variance to code requirements for providing bicycle parking for the substation. The specific variances being requested from the BMC are as follows: Variance #1: Section 18.16.050.A.1.a – Variance request to the required 25 foot setback for a ten foot tall screening wall to the W. College Street right-of-way. (The setback to the existing screening wall will vary from 2 to 20 feet upon the granting of the additional 125 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 2 right-of-way/public access easement for the roundabout construction at the intersection of W. College Street and S. 11th Avenue). (Recommended for approval by Staff - See pg. 12 of Staff Report for item comments) Variance #2: Section 18.16.050.A.1.b - Variance request to the required 20 foot setback for a ten foot screening wall to the S. 11th Avenue right-of-way. (The setback to the existing screening wall will vary from 2-20 feet upon the granting of the additional right-of- way/public access easement for the roundabout construction at the intersection of W. College Street and S. 11th Avenue). (Recommended for approval by Staff - See pg. 13 of Staff Report for item comments) Variance #3: Section 18.46.040.E - Variance request to the requirement for providing bicycle parking for the substation. (Recommended for approval by Staff - See pg. 14 of Staff Report for item comments) BACKGROUND This site has been in use as an electrical substation since approximately 1908. Originally locating the substation at the intersection of W. College Street and S. 11th Avenue provided electrical service to nearby Montana State College (University). The site has been modified over the years as equipment and technology has changed. The original substation tender’s residence located off from S. 11th Avenue was removed earlier this year to allow for the new access construction. It is this portion of the site that is now proposed to be enclosed by extending the 10 foot tall concrete screening wall along S. 11th Avenue to the north. The proposed modifications to the site are largely in response to the roundabout construction being designed for the intersection of W. College Street and S. 11th Avenue. The City is currently awaiting final roundabout design approval from the Montana Department of Transportation. The target date for the roundabout construction is during the 2011 construction season. As part of the roundabout construction, the applicant has agreed to grant the public street and utility easement necessary for the improvement. As the property is zoned R-4 (Residential, High Density District), the substation (which is classified as a Type II Essential Service), is not a permitted land use in this zoning district according to the BMC. However, due to the historical existence at this location, it is classified as a legal non-conforming use. As such, under the terms of Section 18.60.020 of the BMC, to alter, or expand this use, as this would entail, Conditional Use Permit (CUP) approval by the City Commission is required. The location of the substation is recognized for the necessary function it serves in providing electricity to Montana State University and the City of Bozeman. PROJECT LOCATION The substation is located on the northwest corner of the intersection of W. College Street and S. 11th Avenue. The site is legally described as Deeds Book 36, Page 109 + Lots 6 & 7 of the Glendale Rearrangement of the Westside Addition, Sec. 12, T2S, R5E, City of Bozeman, Gallatin County, Montana. The zoning designation for the approximately 1.05 acre property is R-4 (Residential High Density District). Please refer to the vicinity map provided below and the 2007 aerial photo attached at 126 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 3 the end of this staff report. RECOMMENDATION The City of Bozeman Department of Planning and Community Development and the Development Review Committee (DRC) have reviewed the Conditional Use Permit application with variances and, as a result, recommend to the City Commission approval of said application with the conditions and code provisions outlined in this staff report. Planning Staff has identified various code provisions that are currently not met by this application. Some or all of these items are listed in the findings of this staff report. The applicant must comply with all provisions of Title 18, BMC, which are applicable to this project, prior to receiving final approval. 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 BMC or State law. RECOMMENDED CONDITIONS OF APPROVAL The Planning and Community Development Department and the DRC find that the application, with conditions, is in general compliance with the adopted Growth Policy and Title 18, BMC. The following project specific conditions of approval are recommended: Planning Department - Project Specific Conditions of Approval: 1. The existing billboard in the southwest corner of the site shall be removed, as noted in the application and as required by the BMC, prior to final site plan approval of the project. 2. Due to wear and damage, and to match gate designs and screening provisions, the existing gate for the south entrance to South 11th Avenue shall be replaced with the same style gate proposed for the new north access. The details of both gates shall be shown with the final site plan application. 127 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 4 3. To assure compatibility and landscaping/screening success, the owner/applicant shall have a landscape professional certify the existing species of Arborvitae on the south side of the site and shall plant the same type, at a minimum 8 feet height at time of planting, at the locations shown on the site/landscaping plan as new Arborvitae locations. The species and locations shall be shown on the final site/landscaping plan. 4. All efforts will be made to assure tree and root zone protection for existing trees during construction. The final site/landscaping plan shall include this notation and method of treatment for review by the City Forester. Engineering Department - Project Specific Conditions of Approval: 5. Per the effective right-of-way agreement between the City of Bozeman and NWE, the future roundabout at the College/11th intersection will construct a new concrete approach apron for the northern 11th Avenue access location. In the event the roundabout project is not constructed, NWE shall become responsible for constructing said approach apron. ZONING DESIGNATION & LAND USES The property is zoned R-4 (Residential High Density District). The intent of the R-4 District is to provide for high-density residential development through a variety of housing types within the City with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community’s residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. Adjacent zoning and land uses: North: Zoned: R-4; Use: Residential South (Across W. College Street): Zoned: PLI (Public Lands and Institutions); Use: MSU Open Space East (Across S. 11th Avenue): Zoned: B-1 (Neighborhood Business District); Use: Commercial West: Zoned: R-2 (Residential One and Two household Medium Density District); Use: Residential ADOPTED GROWTH POLICY DESIGNATION The Future Land Use Map (Figure 3-1) of the recently updated Bozeman Community Plan designates the subject property to develop as Residential. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. 128 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 5 REVIEW CRITERIA & STAFF FINDINGS The Development Review Committee (DRC) has reviewed the CUP with Variances application for changes to NorthWestern Energy’s Southside Substation located on the northwest corner of W. College Street and S. 11th Avenue, and as a result recommends to the City Commission approval of said application with the conditions and code provisions outlined in this Staff Report. The Department of Planning and Community Development has reviewed the application for a CUP with Variances against the relevant chapters of Title 18, BMC and as a result offers the following summary review comments: SECTION 18.34.100 “CITY COMMISISON CONSIDERATION AND FINDINGS FOR CONDITIONAL USE PERMITS” In addition to the review criteria below, the City Commission shall, in approving a conditional use permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. This location has been utilized as an electrical substation since approximately 1908. The location of the substation is critical to providing service to the south side of Bozeman and the Montana State University (MSU) Campus. While the use is non-conforming based on the underlying R-4 (Residential) zoning district, this use predates most of the adjacent development surrounding it. The existing substation has significant landscaping and screening provisions to help it relate to the adjoining streetscape and residential areas. The current proposal includes the addition of approximately 100 feet of 10 foot tall concrete screening wall along S. 11th Avenue. The small area (approximately 5,100 square feet) area where the original substation tender’s house was removed will now be enclosed by the screening wall and is located along S. 11th and across from adjacent commercial development. No changes to the west or the north sides of the site are proposed that would directly impact the adjacent residences. 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. Adjoining property owners within 200 feet of the property were mailed public notices by regular first class mail and the application was noticed in the newspaper. The site was also posted with a public notice. As of the writing of this report, Staff has not received any comments in response to said noticing. Following review of the proposed application with the inclusion of the recommended conditions, staff finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise. 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: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; 129 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 6 regulation of signs; requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of hours for certain activities; time period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make possible the development of the City in an orderly and efficient manner. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval. Recommended conditions 2, 3 and 4 relate to the screening and landscaping provisions for the site. Regarding recommended condition 2, the existing southern access gate (chain link in style with vinyl slats) is in some state of disrepair and it is recommended that this gate be replaced with the same style of square tubing vertical gate that has been proposed for the new (northern) access to S. 11th Avenue (as detailed on the applicant’s plan). Recommended conditions 3 and 4 are recommended in order to help assure success of the proposed and existing landscaping (screening provisions) that has worked for the substation in the past. SECTION 18.60.020.A.1 Lawful Nonconforming Nonresidential Use: In addition, the City Commission shall consider whether the expansion is reasonable, natural and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses shall not be approved if the expansion would encompass new land or property which was not in use at the time of the enactment of zoning or a change in zoning. In this case, no new land outside of the previous substation property is being proposed for any of the changes proposed as part of this application. SECTION 18.34.090 “SITE PLAN REVIEW CRITERIA” In considering applications for a conditional use permit for the changes to the substation, the City Commission shall review the application against the Site Plan Review requirements of 18.34.090 as follows: 1. Conformance to and consistency with the City’s adopted growth policy The site has historically been used as an electrical substation. While the existing land use may not be in strict compliance with the “Residential” land use classification of the City’s Community’s Growth Policy, Section H.4 of the City’s Growth Policy states that, “many services within the City are provided by private utility providers instead of by the City, including: electric power (underlining added), natural gas, cable television, phone services and wireless communications. It is important that the City work closely with these various service providers to ensure the citizens’ utility needs are adequately provided in the future…”. 130 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 7 The changes (and needed variances) to the substation proposed as part of this application are largely in response to the proposed roundabout construction at the intersection of W. College Street and S. 11th Avenue. The new access and screening provisions will allow the substation to continue to operate at this location and serve this portion of the City with electrical service. 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 Department Cited Code Provisions: a. Section 18.42.150 provides the requirements for lighting on site. All lighting must be in conformance with this section. b. Section 18.74 requires that if final plat approval, occupancy of buildings or other utilization of an approved development is to occur prior to the installation of all required on-site improvements, an 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. c. Section 18.34.100.C states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. d. Section 18.34.130, “Final Site Plan,” no later than six months after the date of approval of a preliminary site plan (CUP) or master site plan, the applicant shall submit to the Department of Planning eight (8) copies of final site plan materials. The final site plan shall contain all of the conditions, corrections and modifications approved as part of the CUP and variance review and approval process by the City. e. 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. Building Permits will not be issued until the Final Site Plan is approved. f. Sections 18.48.050, 18.48.060, 18.78.100.C 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. g. 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, private infrastructure and other required elements were installed in accordance with the approved site plan, plans and specifications. 131 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 8 h. Section 18.34.100. F. Termination/ Revocation of Conditional Use Permit approval: 1. Conditional 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 conditional 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 principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 18.34.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning 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 Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional 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 Section 18.64.160, BMC. Engineering Department Cited Code Provisions: i. A Stormwater 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), stormwater detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. j. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. k. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Any proposed easements shall be provided prior to FSP approval. l. The location of existing and proposed water/sewer mains and services shall be properly depicted, as well as nearby fire hydrants and proposed hydrants. Proposed utilities shall be distinguishable from existing. 3. Conformance with all other applicable laws, ordinances, and regulations All other applicable laws, ordinances, and regulations must be followed. All conditions for a Site Plan and Conditional Use Permit must be met prior to final approval. 132 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 9 4. Relationship of site plan elements to conditions both on and off the property The changes proposed to the existing substation are primarily in proximity to S. 11th Avenue and should not have a material impact on the residential areas to the north and west. The addition of the 10 foot tall concrete screening wall (in place of the existing chain link fencing) along S. 11th Avenue will greatly enhance the aesthetics of the site as viewed from the S. 11th Avenue streetscape. In addition, most of the existing trees and landscaping will be retained and new gates (with improved screening provisions) are proposed or recommended to be installed for the two accesses to S. 11th Avenue. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The substation does not generate any significant traffic to or from the site (other than the occasional maintenance worker or trucks for maintenance, delivering equipment, etc.). Based on the nature of this use, and the fact that no regular employees occupy the site and the general public has no access, formal parking spaces are not required to be provided. The new drive access to S. 11th Avenue is being necessitated by the roundabout construction to the south. The west side alley access provides access for routine maintenance, while 11th Avenue is the primary substation access for large vehicles as the alley does not have sufficient clearance to allow large trucks or trailers to safety enter the site (as well as the potential for impact to the adjacent residential area). The applicant has requested an Administrative Deviation from the City Engineer for the location of the existing southern driveway to remain as BMC Section 18.44, Table 44-1 requires a separation of 100 feet between an intersection and an access driveway (and this driveway is approximately 70 feet north of the south property line). The applicant has also requested an administrative deviation from the City Engineer to allow a gravel surface for the driveways due to infrequent use and the fact that the potential for heavily loaded trailers damaging a solid surface. As noted in recommended Engineering Condition #5, a concrete approach apron would still be required to be constructed at the actual connection to S. 11th Avenue. As noted in the variance request section, bicycle parking is required for all land uses except those qualifying for sketch plan review (e.g. single family homes, etc.). A variance to this requirement for this use is being recommended for approval due to the nature of the use. 6. Pedestrian and vehicular ingress and egress As noted above, vehicular access to the site will be modified by adding a new/additional access to S. 11th Avenue further to the north due to the roundabout construction. There is no requirement or desirability for pedestrian access into the site due to the nature of the land use. There are existing boulevard sidewalks along both W. College Street and S. 11th Avenue to provide for pedestrian circulation around the perimeter of the site. New/revised pedestrian provisions at the intersection will be incorporated into the roundabout construction in the future. 133 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 10 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 applicant and City (as part of the roundabout construction) are retaining as much of the existing landscaping as possible as part of the changes to the site and the new roundabout construction. Table 48-1 of the BMC requires that 23 points be provided on site for landscaping. With the existing and proposed additional plantings, 30 points are proposed to be provided. Staff has recommended condition of approval #4 which requires that all efforts be made to assure tree and root zone protection for existing trees during construction. The final site/landscaping plan shall include this notation and method of treatment for review by the City Forester. Additional landscaping is also being proposed to replace some of the trees along S. 11th Avenue that were deemed by the applicant to be a climbing hazard and/or needed to be removed for construction of the new access and the house removal. Due to the success of the existing evergreens along W. College Street in screening the substation site and helping break up the expanse of the screening wall, staff has recommended condition of approval #3 which states that to assure compatibility and landscaping/screening success, the owner/applicant shall have a landscape professional certify the existing species of Arborvitae on the south side of the site and shall plant the same type, at a minimum 8 feet height at time of planting, at the locations shown on the site/landscaping plan as new Arborvitae locations. The species and locations shall be shown on the final site/landscaping plan. The applicant is also proposing the planting of new evergreens where the billboard will be removed in the southwest corner of the site to help screen the site from W. College Street. 8. Open space None required for this project. 9. Building location and height No physical alterations are proposed for the existing structures. In addition, public and private utility facilities (the actual transmission structures, etc.) are exempt from City height limitations by code. Due to the new public street and utility easement location for the roundabout, the existing 10 foot tall block wall will no longer comply with Section 18.42.130.A.1 of the BMC which requires that “fences exceeding 6 feet in height shall be subject to the minimum yard requirements of the district in which such fences are located.” The applicant has submitted for variances to these setbacks as noted in the variance review section of this report. Staff is recommending these variances for approval. 10. Setbacks As noted above, the existing portion of the screening wall(s) along W. College and S. 11th Avenue will not comply with the setback requirements to these streets (due to the new 134 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 11 public street easement location to allow the roundabout construction). No other site changes are proposed that would impact the existing facility or structure setbacks. All other yards are in compliance or are legal non-conforming. 11. Lighting Staff has included the required code citation from Section18.42.150 that provides the requirements for lighting on site. All lighting must be in conformance with this section. 12. Provisions for utilities, including efficient public services and facilities No changes to utilities serving the site are proposed as part of this application. 13. Site surface drainage Only minor site grading/changes are proposed as part of the new access construction and screening wall construction. These changes are not anticipated to significantly impact site surface drainage. 14. Loading and unloading areas Site loading and unloading (substation equipment or repairs) is done internally to the site within the secure fenced-in area. 15. Grading No significant grading is anticipated on site. 16. Signage There is an existing billboard located on the southwest corner of the site. Under Section 18.52.140 of the BMC, this off premise advertising is not permitted. As non-conforming off-premise signage, under the terms of Section 18.52.190 of the BMC, this sign is required to be removed as part of CUP review and approval. As noted in the applicant’s materials, (and the copy of their June 10, 2010 letter to the sign lessee), they have requested the removal of the sign and understand the removal requirement. There are no other advertising or directional signs proposed. The national electrical code requires small warning/no trespassing signs to be placed adjacent to all entries and along each 60 feet of fence for this use. These are exempt signs under the City’s sign code. 17. Screening As previously referenced, the majority of the existing mature vegetation is proposed to be retained on site to screen the facility. As the majority of the site changes are proposed along the S. 11th Avenue frontage, the applicant has proposed the construction of approximately 100 feet of additional 10 foot tall block screening wall to match what is currently in place along the southern portion of S. 11th Avenue and W. College Street. 135 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 12 No changes to site landscaping or screening provisions are proposed for the north or west portions of the site. The applicant has also proposed planting new evergreens in the southwest corner of the site where the billboard is being removed to aid in screening this portion of the site from W. College Street. 18. Overlay district provisions N/A – The subject property is not located within an overlay district. 19. Other related matters, including relevant comment from affected parties No public comments were received prior to the preparation of this staff report. Any comments received after the date of this staff report will be distributed to the City Commission at the public 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. Not applicable. VARIANCE REVIEW SECTION: Section 18.66.060.C “Zoning Variances: Criteria for Consideration and Decision” Due to the new/additional public street and utility easement needed for the roundabout construction at the intersection of W. College Street and S. 11th Avenue, the existing 10 foot tall block wall will no longer comply with Section 18.42.130.A.1 of the BMC which requires that “fences (and walls) exceeding 6 feet in height shall be subject to the minimum yard requirements of the district in which such fences are located.” To memorialize the existing setback location, and to allow for the extension of the wall to the north, the applicant has submitted the first two setback variance requests to address this issue. Variance #1: Section 18.16.050.A.1.a – Variance request to the required 25 foot setback for a ten foot tall screening wall to the W. College Street right-of-way. (The setback to the existing screening wall will vary from 2 to 20 feet upon the granting of the additional right-of-way/public access easement for the roundabout construction at the intersection of W. College Street and S. 11th Avenue). A. The variance will not be contrary to and will serve the public interest; 136 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 13 Granting of the variance will not be contrary to the public interest. The screening wall currently exists and works to effectively screen (and protect) the substation equipment from the adjacent roadway and uses. In addition, the location of the screening wall has not been determined to be a traffic hazard even following the new roundabout construction. 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; The setback to the existing screening wall is being reduced to the requested setback amount due to the new public street and utility easement needed (and being granted by the applicant) for the construction of the roundabout at the W. College Street and S. 11th Avenue intersection. Therefore, this qualifies as “governmental actions outside of the owners control”. C. The variance will observe the spirit of this title, including the adopted growth policy, and do substantial justice. The variance would observe the spirit of the title, including the growth policy, and do substantial justice. The existing screening wall will continue to provide appropriate screening (as dictated by City codes and policies) of the substation off from W. College Street even after the new roundabout is constructed. Summary: Staff supports the variance request as noted above. Variance #2: Section 18.16.050.A.1.b - Variance request to the required 20 foot setback for a ten foot screening wall to the S. 11th Avenue right-of-way. (The setback to the existing screening wall will vary from 2-20 feet upon the granting of the additional right-of- way/public access easement for the roundabout construction at the intersection of W. College Street and S. 11th Avenue). A. The variance will not be contrary to and will serve the public interest; Granting of the variance will not be contrary to the public interest. The southern portion of the screening wall currently exists and works to effectively screen (and protect) the substation equipment from the adjacent roadway and uses. The new (northern) portion of the screening wall will comply with required setbacks. In addition, the location of the screening wall has not been determined to be a traffic hazard even following the new roundabout construction. 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; 137 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 14 · 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; The setback to the existing screening wall is being reduced to the requested setback amount due to the acquisition of the new public street and utility easement needed (and being granted by the applicant) for the construction of the roundabout at the W. College Street and S. 11th Avenue intersection. Therefore, this qualifies as “governmental actions outside of the owners control”. The new (northern) portion of the screening wall along S. 11th Avenue will comply with the required 20 foot setback. C. The variance will observe the spirit of this title, including the adopted growth policy, and do substantial justice. The variance would observe the spirit of the title, including the growth policy, and do substantial justice. The existing screening wall will continue to provide appropriate screening (as dictated by City codes and policies) of the substation off from W. College Street even after the new roundabout is constructed. Summary: Staff supports the variance request as noted above. Variance #3: Section 18.46.040.E - Variance request to the requirement for providing bicycle parking for the substation. A. The variance will not be contrary to and will serve the public interest; Section 18.46.040.E. states that “all site development (underlining added), exclusive of those qualifying for sketch plan review per Chapter 18.34, BMC, shall provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development.” Since this use does not contain or require any permanent employees or generate or allow any public traffic onto the site (i.e. customers), it would not be contrary to the public interest to grant the variance to not require bicycle parking for this specific use. 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 138 #Z-10190 NWE Southside Substation CUP/VAR Staff Report 15 lots, and governmental actions outside of the owners control; The unique aspect for this property is the specific use. As previously noted, an electrical substation does not have regular employees or the public visiting the site where a bike rack may be utilized. C. The variance will observe the spirit of this title, including the adopted growth policy, and do substantial justice. The variance would observe the spirit of the title, including the growth policy, and do substantial justice as a bike rack for this use would not be utilized. Summary: Staff supports the variance request as noted above. PUBLIC COMMENT As of the writing of this staff report, the Planning Office has received no testimony from the general public in response to the mailings, posting or newspaper notice regarding the requested CUP or Variances. Any public comments received after the date of this report will be distributed to the City Commission at the public hearing. BECAUSE THIS APPLICATION INCLUDES A REQUEST FOR VARIANCES THE CONCURRING VOTE OF FOUR MEMBERS OF THE COMMISSION IS NECESSARY TO EFFECT THE 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: 2007 Aerial Photo Applicant’s Submittal Materials Report Sent To: Northwestern Corporation, 121 E. Griffin Drive, Bozeman, MT 59715 Morrison-Maierle, Inc., Attn: Bob Lee, P.O. Box 1113, Bozeman, MT 59771 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173