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.
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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
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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
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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
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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.
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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.
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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;
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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…”.
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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.
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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.
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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.
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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
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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.
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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;
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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;
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· 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
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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
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