HomeMy WebLinkAboutImpound Lot Reuse - Further Development, No. R-10019.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Director Dept. of Planning and Community Development.
Chris Kukulski, City Manager
SUBJECT: R-10019, C.O.B. Impound Lot Reuse/Further Development
MEETING DATE: February 28, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: Move to approve R-10019, including agency exemptions from
Section 18.42.130 to allow use of barbed wire on security fencing in the PLI district and to allow
fence height to exceed a maximum 8 feet; and allowing the watercourse setback to comply with
Section 18.42.100.A.
BACKGROUND: The City has recently reconfigured the Lower Yards along N. Rouse
Avenue to provide for a new vehicle maintenance facility and sand storage. A consequence of
this is the need to relocate the City’s impound yard for vehicles. The impound yard is proposed
to relocate to 2125 N. Rouse Avenue. This is City owned property and was the former site for the
Humane Society animal shelter. All applications involving City land require approval by the City
Commission per Section 18.02.080.B. The project also involves two agency exemptions as
discussed below which requires a public hearing before the City Commission.
An application Reuse/Further Development of an existing developed site has been received to
allow the establishment of the impound lot at this site. The DRC has reviewed the application,
adequate public notice has been given, and the application is now presented for City Commission
action. A Reuse/Further development process does not require full compliance with all current
standards in the same way that a site plan or conditional use permit application would. See
Section 18.34.170, BMC for a description of the Reuse review.
The application involves placing a 100 foot by 190 foot permeable surfaced area, two storage
containers, and associated stormwater control, lighting, and security fencing and cameras. The
site has been in active public and semi-public activities for many years. The City uses other
portions of the site for material storage. The overall site was in the past the City landfill. The
surrounding area is zoned for industrial uses and has a mix of actual uses. The proposed impound
lot should not negatively impact adjacent uses.
Section 76-2-402, MCA allows an exemption from zoning compliance for public agencies using
public land for a public purpose when that conflicts with the zoning. There are no specific review
criteria identified with this opportunity for exemption. This application requests two agency
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exemptions, both from the same section. Section 18.42.130 sets standards for fences. These
standards limit the use of barbed security wire to the M-1 and M-2 industrial districts. The
standard limits fences to a maximum of 8 feet. The requested exemptions appear reasonable
given the high value nature of the goods to be stored (cars and other vehicles), the need to secure
the goods to protect evidence in legal proceedings, the fact that the site does not have a regular
staffing presence. The location of the site is appropriate to vehicle storage and the use is an
industrial type of use (storage of goods) even though operated by the public in the PLI zoning
district.
Section 18.42.100 establishes the City’s standards for setbacks from watercourses. The section
has a two part standard distinguished by the time of development of the site. Sites developed
earlier may be allowed to use a lesser setback than a newly developed site. The new standard
includes the entire 100 year floodplain in the setback. The site is located in the 100 year
floodplain, however it is well outside the measured 50 foot setback from the E. Gallatin River
required in the original watercourse setback. The site does not obstruct the floodway. The
impound lot project proposes to place some fill to provide a stable and firm but unpaved surface
for the storage of vehicles. Placement of fill will require a floodplain permit which is issued by
the City Engineer. As an existing developed site and with the area of fill located to the far outer
edge of the site, the use of the allowance of 18.42.100.B.1 to utilize the smaller setback
established in 18.42.100.A is warranted. This is not a variance, exemption, or relaxation of the
code, but is the use of a specific element of the development standards.
DRC has evaluated the proposed impound plot and recommends approval of the project with the
following conditions:
1. The FSP shall be adequately dimensioned. A complete legend of all line types used shall
also be provided.
2. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided to and
approved by the City Engineer. The plan must demonstrate adequate site drainage
(including sufficient spot elevations), storm water detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure details), storm
water discharge destination, and a storm water maintenance plan.
3. Any proposed development in the flood plain will require a flood plain development
permit and must abide by the following requirements:
a. A Flood Plain Development Permit must be obtained from the City Engineer prior
to FSP approval.
b. The 100 year flood plain boundary and flood elevations must be depicted on the
FSP.
c. Culvert sizing design calculations shall be provided for the stream crossing.
d. All buildings must be flood-proofed to at least 2' above the 100 year flood
elevation. Elevation Certificates must be provided for each building following
completions of construction.
4. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan
for site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
5. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
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section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1) Approve the application as presented.
2) Deny the application.
FISCAL EFFECTS: Development of the impound yard is a planned activity and will not
negatively affect the City’s finances.
Attachments: Application forms and maps
Report compiled on: February 17, 2011
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