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Commission Memorandum
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REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple,Planning Director
Chris Kukulski,City Manager
SUBJECT: Martel Construction Expansion CUP, #Z-06045
MEETING DATE: Monday,May 1,2006
BACKGROUND: This is an application for a Conditional Use Permit to allow the expansion, approximately
6,428 square feet, of an established non-conforming non-residential use. The property in question is located at
1203 South Church Avenue, and is legally described as Tracts 3 and 26, Section 18 2S 6E, Bozeman Creek
Annexation,City of Bozeman,Gallatin County,Montana. No deviations are requested.
UNRESOLVED ISSUES: None.
RECOMMENDATION: That the City Commission approve Application No. Z-06045 with the conditions
of approval as outlined in the attached Staff Report.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight®,bozeman.net if you have any questions prior
to the public hearing.
Respectfully submitted,
Andrew Epple,Planning Director Chris Kukulski,City Manager
Attachments: Applicant Submittal Materials
Report Compiled on January 18, 2006
CITY COMMISSION STAFF REPORT
MARTEL CONSTRUCTION EXPANSION CUP FILE NO. #Z-0604.5
Item: Zoning Application #Z-06045, a Conditional Use Permit application to
allow the expansion, approximately 6,428 square feet, of an established
non-conforming non-residential use at the property located at 1203
South Church Avenue, which is zoned "R-S," Residential-Suburban
District.
Property Owner: Bill Martel, Martel Construction, Inc.
1203 South Church Avenue
Bozeman, MT 59715
Applicants: Martel Construction, Inc.
1203 South Church Avenue
Bozeman, MT 59715
Representative: Don Stueck, Martel Construction, Inc.
1203 South Church Avenue
Bozeman, MT 59715
Date: Before the Bozeman City Commission on Monday, May 1, 2006 at 6prn
in the Commission Meeting Room, City Hall, 411 East Main Street,
Bozeman, Montana.
Report By: Martin Knight, Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The subject property is located at 1203 South Church Avenue and is legally described as Tracts 3 and 26,
Section 18 2S 6E, Bozeman Creek Annexation, City of Bozeman, Gallatin County, Montana. The site is
approximately 10.25 acres and is zoned"R-S,"Residential Suburban District. Please refer to the following
vicinity map.
#Z-06045 Martel Construction Expansion CUP 1
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PROPOSAL
This is a Conditional Use Permit Application to allow the expansion of an established non-conforming non-
residential use at the property located at 1203 South Church Avenue,which is zoned"R-S," Residential-
Suburban District. The proposal calls for the addition of one building, approximately 6,428 square feet,and
the removal of an existing 648 square foot storage shed. The facility would be used to facilitate all activities
related to the maintenance and cleaning of construction equipment and vehicles. The building will have
drive thru access for the delivery and pick up of equipment. The new building will allow for the relocation
of equipment stored on site, thus, creating additional areas of open space west of Bozeman Creek.
This application is a CUP because the change or expansion of nonconforming nonresidential uses requires a
Conditional Use Permit,per section 18.60 of the Unified Development Ordinance.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property is zoned"R-S," (Residential Suburban District). The intent of the
"R-S" District is to allow open space, resource protection, and single-household development in
circumstances where environmental constraints limit the desirable density. The following land uses and
zoning are adjacent to the subject property:
North: Vacant lots & Single-Household residential; zoned "R-S," Residential Suburban
District.
South: Vacant lots & Single-Household residential; zoned "R-S," Residential Suburban
District.
East: Apartments & Single-Household residential; zoned "R-4," Residential High Density
District, and, "R-1," Residential Single-Household,Low Density District.
West: Vacant lots & Single-Household residential; zoned "R-1," Residential Single-
Household,Low Density District.
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ADOPTED GROWTH POLICY DESIGNATION
The property is designated as "Residential"in the Bozeman 2020 Community Plan.This category designates
places where the primary activity is urban density living quarters. Other uses which complement residences
are also acceptable such as parks,low intensity home based occupations, fire stations,churches,and schools.
The dwelling unit density expected within this classification varies.
Again, this property is an established non-conforming non-residential use. Construction, manufacturing,
and storage activities are not primary or complimentary activities in the "Residential' designation.
REVIEW CRITERIA& FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit against
relevant chapters of the Unified Development Ordinance (UDO), and as a result offers the following
summary review comments. The findings outlined in this report include comments and recommended
conditions provided by the Development Review Committee (DRC). This project does not meet the
thresholds established by Chapter 18.62 to warrant evaluation by the Design Review Board.
Section 18.34.090 "Site Plan Review Criteria"
In considering applications for site plan approval under this title, the City Commission, the DRC,
and when appropriate,the ADR Staff shall consider the following:
1. Conformance to and consistency with the City's adopted growth policy
The development proposal is not in conformance with the Bozeman 2020 Community Plan
land use designation of "Residential." The project site is an established nonconforming
nonresidential use.
Under the "Preferred Alternative," in the Bozeman Creek Neighborhood Plan, this site is
designated as "Industrial/Commercial."
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:
a) Section 18.34.130 states that the applicant upon submitting the Final Site Plan for approval
by the Planning Director, and prior to the issuance of a building permit,will also submit a
written narrative outlining how each of the above conditions of approval and code
provisions have been satisfied or met.
b)Section 18.38.050.F requires all mechanical equipment to be screened. Rooftop equipment
should be incorporated into the roof form and ground mounted equipment shall be screened
with walls, fencing or plant materials.
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c) Section 18.42.170 states that a permanent enclosure for temporary storage of garbage,
refuse, and other solid waste shall be provided for every use, other than single-household
dwellings, duplexes, individually owned townhouse or condominium units, unless other
arrangements are made. A narrative detail as to the garbage receptacle arrangements shall be
provided with the final site plan submittal
d) Section 18.42.170 requires a lighting plan for all on-site lighting, including wall-mounted
lights on the building,must be included in the submittal for final approval.
e) Section 18.52.060 states that a Sign Permit Application shall be reviewed and approved by
the Planning Office prior to the construction and installation of any on-site signage.
Section 18.64.100 states that a building permit shall be obtained within one year of approval,
or said approval shall become null and void. Prior to the lapse of one year, the applicant
may seek an extension of one additional year from the Planning Director.
g) Section 18.64.110 states that no permit or license shall be issued unless the use, arrangement
and construction has been set forth in such approved plans and applications.
Engineering Provisions
h)The FSP shall be adequately dimensioned and a legend of all line-types and symbols utilized
shall be provided.
i) Label and dimension existing and proposed easements and R/W on and adjacent to the
project site. Distinguish between proposed and existing easements.
j) The sizes and locations of all public utility mains and services adjacent to the project site
shall be properly depicted and labeled,as well as nearby fire hydrants. Distinguish between
proposed and existing mains and services.
k)The 100-year floodway, floodplain,and base flood elevations shall be depicted on the FSP as
per procedures outlined in section 18.58.100 of the Unified Development Ordinance
(UDO).
1) A floodplain development permit shall be applied for and approved by the City Engineer
prior to commencement of any construction activity within the 100-year floodplain. Any
newly constructed building within the 100-year floodplain shall be floodproofed to an
elevation no lower than 2'above the Base Flood Elevation (BFE).
m) The project site may continue to utilize on-site water supply and wastewater disposal
systems provided that all provisions outlined in section 18.38.030.D.1.a UDO are satisfied.
Municipal water and sewer shall be extended to the project site if on-site water supply and
sewage disposal facilities are unable to obtain approvals from the applicable reviewing
authorities.
No building permits will be issued prior to receiving written acknowledgment from
the applicable reviewing authorities that all on-site systems are approved for use
and/or construction.
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n)The landowner shall agree to connect to municipal sewer and abandon and remove any non-
municipal facilities when so directed by the City at such time when municipal sewer is
available at the project area. An agreement acceptable by the City shall be executed and filed
at the County Clerk&Recorder and shall be binding on all successors and run with the land.
o)The landowner shall agree to connect to municipal water and abandon and remove any non-
municipal facilities for domestic use when so directed by the City at such time when
municipal water is available at the project area. An agreement acceptable by the City shall be
executed and filed at the County Clerk&Recorder and shall be binding on all successors
and run with the land.
p)The landowner shall provide and file with the County Clerk&Recorder executed Waivers of
Right to Protest Creation of Special Improvement Districts (SIDs) for the following:
1 Street improvements to South Church Avenue including paving,curb/gutter, sidewalk,
approach aprons,and storm drainage.
2 Signalization of the Kagy Blvd and South Church Ave/Sourdough Rd intersection.
3 Extension of municipal sewer services.
4 Extension of municipal water services.
q)A stormwater drainage/treatment grading plan and maintenance plan for a system designed
to remove solids, silts,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) stormwater discharge
destination,and a stormwater maintenance plan.
On-site stormwater treatment facilities shall not be located in Zone 1 of the watercourse
setback as per section 18.42.100.B UDO.
r) 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
UDO. This shall be submitted as part of the final site plan for site developments,or with
infrastructure plans with subdivisions. It shall be the responsibility of the applicant to
ensure that the construction traffic follows the approved routes.
s) All construction activities shall comply with section 18.74.020.A.2 of the UDO. This shall
include routine cleaning/sweeping of material that is dragged to adjacent streets. The City
may require a guarantee as allowed for under this section at any time during the construction
to ensure any damages or cleaning that are required are complete. The developer shall be
responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
t) If construction activities related to the project result in the disturbance of more than 1 acre
of natural ground, an erosion/sediment control plan may be required. The Montana
Department of Environmental Quality,Water Quality Bureau, shall be contacted by the
applicant to determine if a Stormwater Discharge Permit is necessary. If required by the
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WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or
less if the point of discharge is less than 100' from state waters.
u)The Gallatin County Conservation District,Montana Department of Environmental Quality,
and U.S.Army Corps of Engineers shall be contacted regarding the proposed project and
any required permits (i.e., 310, 404,Turbidity exemption, etc.) shall be obtained prior to FSP
approval.
3. Conformance with all other applicable laws, ordinances, and regulations
The proposal conforms to all other applicable laws, ordinances, and regulations. All
conditions for a Site Plan and Conditional Use Permit must be met prior to final site plan
approval. The plans will be further evaluated against the requirements of the International
Building Code if an application is made for a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
The proposed building will be sited adjacent to an existing storage facility East of Bozeman
Creek. The building will be constructed on-site with prefabricated steel moment frames.
The final covering of the building will be metal siding to match existing building styles. The
Orientation of the building will place four loading bays facing South Church Avenue.
Access to the building will be from existing entryways off South Church Avenue and East
Garfield Street.
This area will be screened by the existing house on site and landscape buffers. The proposed
building will allow for the relocation of materials currently stored on-site indoors.
Approximately 4 acres of storage area along the creek will be designated open space with the
addition of this building. No signage has been proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Manufacturing and industrial uses require 1 space per 1,000 square feet of floor area, plus 1
space per 2 employees on maximum working shift. Parking is currently obtained from
parking areas located east of Bozeman Creek along South Church Avenue. The proposed
building will be used primarily for maintenance and storage activities, thus, additional
employees will not be required. Sufficient parking is being provided. Given the nature of
the expansion, no substantial increase in traffic or vehicular trips to the site is anticipated.
6. Pedestrian and vehicular ingress and egress
The proposed building will not change the current pedestrian and vehicular ingress and
egress patterns. Vehicles can enter the property from South Church Avenue or East Garfield
Street. There are no sidewalks along this property;however,pedestrians are permitted to use
the site as access to the trails located at Burke Park.
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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
Modifications to the landscaping will involve removing one mature Douglass Fir tree, and
the installation of 3 Douglass Firs. These trees will be planted along South Church Avenue,
which will aid in screening the proposed structure.
A 1992 Variance for this property involved the implementation of a Deed Restriction. This
restriction prohibits property west of Bozeman Creek from being used for future expansion.
In conjunction with this Deed Restriction, an agreement with the adjacent neighborhoods
was reached. This agreement required Martel to define the storage area on the West Side of
Bozeman Creek with a row of trees. The exact number of trees to be installed is unknown.
As a Condition of Approval, Martel will be required to provide documentation that all
conditions from previous applications have been met.
8. Open space
The site currently contains approximately 7.6 acres of open space or landscaped areas, 6.6
acres of which is associated with the western portion of the property and Bozeman Creek.
There will be a loss of approximately 0.2 acres of lawn area in the northeast corner of the
property to accommodate the proposed building and gravel access way. There will be no
loss of open space around the creek, or in the western portion of the property.
The applicant has indicated that the proposed expansion will allow for the relocation of
materials currently stored outside. Once these materials are relocated, approximately 4 acres
of additional open space will be obtained. As a Condition of Final Site Plan Approval, the
applicant shall provide details of storage to be relocated within the building, lot coverage
calculations, and the demarcation of open space to be added.
9. Building location and height
The proposed building will be located in the 'northeastern corner of the property,
approximately 120 feet west of the eastern boundary and 84 feet south of the northern
property boundary. The height of the building at its tallest point will be 27 feet. The building
meets all height and setback requirements.
10. Setbacks
A 75 foot setback from the mean high water mark of Bozeman Creek is required. The
proposed building is to be sited approximately 45 feet from the 100-year floodplain, and 83
feet from the mean high water mark. Thus, the building meets all setback requirements.
11. Lighting
The applicants have indicated that there would not be any changes made to the lighting
existing on site. Any modifications to exterior lighting will require a lighting plan and must
be reviewed, and approved,by the Planning Department prior to installation.
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12. Provisions for utilities,including efficient public services and facilities
The site currently is currently not connected to municipal water and sewer service. A 14"
municipal water main exists within an easement that parallels the southern boundary of
Martel's property. Municipal sewer is nearly adjacent to the project site, being that it exists
within 150' of Martel's western property boundary. Well and septic systems currently supply
adequate service to the site. Staff has administratively chosen to execute the "Alternative" to
Municipal Infrastructure Requirements, as outlined in Section 18.38.030.D of the Bozeman
Unified Development Ordinance.
The proposed building will connect to the existing natural gas line that services the main
office building, located approximately 92 feet south of the proposed building. A well will be
placed just south of the building, and a septic tank, equipped with an oil-water separator just
north of the building. Electricity and telephone services will tie into existing structures.
As a Condition of Approval,Martel will be required to provide evidence that the on-site
water supply and sewage disposal facilities are approved from the applicable reviewing
authorities.
13. Site surface drainage
The area surrounding the proposed building will be graded appropriately to compensate for
the addition of less permeable surfaces. As a Condition of Approval, Martel will be required
to provide a stormwater drainage/treatment grading plan and maintenance plan for a system
designed to remove solids, silts, oils,grease, and other pollutants,which must be provided to
and approved by the City Engineer.
14. Loading and unloading areas
The site allows for adequate ingress and egress of delivery vehicles. Traffic associated with
the building will be for the purposes of loading and unloading of equipment only.
15. Grading
Minimal grading is proposed.
16. Signage
No signage is proposed. Any new signage requires a sign permit that must be reviewed, and
approved by the Planning Department prior to installation.
17. Screening
The proposed building will be setback 120 feet from South Church Avenue. An existing
landscape buffer, between South Church and the Martel property, will be enhanced through
tree plantings. The building will be screened from the adjacent property to the north by
existing landscaping. All mechanical equipment will need to be screened; this has been
established as a code provision for Final Site Plan approval.
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18. Overlay district provisions
Non-applicable
19. Other related matters, including relevant comment from affected parties
One letter of public comment has been received. This letter, in opposition, stated that "this
is a residential area and should remain as is; to permit the construction and storage building
will change this special area and open the door for more commercial buildings..."
Any comments received after the date of this Staff Report will be distributed to the
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.
Non-applicable
Section 18.34.100 "City Commission Consideration and Findings for Conditional Use Permits"
In addition to the review criteria outlined above, 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.
The proposed site is adequate in size and topography to accommodate the proposed
expansion. The yards, parking, and landscaping properly work within the context of the
existing site.
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.
With the conditions outlined by Staff,the proposal, for the addition of a 6,428 square foot
maintenance and storage building,will not have adverse effects upon the abutting property.
Again, Staff has received one letter of public comment, in opposition, to this proposal.
Concerns were related to commercial and construction activities having a negative impact on
residential area.
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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; 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.
a. Regulation of use: All restrictions from previous applications.
b. Special yards, spaces and buffers: No special recommendations.
c. Special fences, solid fences and walls: No special conditions recommended.
d. Surfacing of parking areas: No special conditions recommended.
e. Requiring street sen-ice road or alley- dedications and improvements: No special
recommendations.
£ Regulation of points of vehicular ingress and egress: No changes are proposed for the
existing drives. The property will continue to utilize what is existing.
g. Regulation of signs: All new proposals for signage must be approved by Vicki Hasler, Code
Enforcement Officer for the City of Bozeman.
h. Requiring maintenance of the grounds: This has been addressed with the previous review.
i. Regulation of noise, vibrations and odors: The issuance of the CUP will not add noise,
vibrations or odors.
j. Remalation of hours for certain activities: No regulations are recommended.
k. Time period within which the lroposed use shall be developed: No special conditions
recommended.
1. Duration of use: There is no recommendation from staff on duration of use pending the
City Commission's decision.
m. The dedication of access rights: None.
n. Other such conditions as will make possible the development of the City,in an orderly-and
efficient manner: No additional recommended conditions.
Staff has not identified any additional conditions, other than those listed below, to protect the
public health, safety,and general welfare.
Section 18.60.020 Changes To or Expansions of Nonconforming, ses
In addition to the review criteria outlined above, the City Commission shall, in approving a conditional use
permit, find favorably as follows:
1) Traffic impacts, both onsite and offsite: No increase in traffic or vehicular trips to the site is
anticipated.
2) Off-street parking and loading requirements: Adequate parking is provided ons.ite.
3) The visual impact on the surrounding area: The new facility, will allow equipment currently
stored on-site to be moved to an indoor location. Additional trees are to be planted. in the
northeast corner of the property to enhance the existing landscape screen.
4) The degree of compliance with the adopted growth policy: and this title: The adopted growth
policy designation for this site is "Residential." Commercial, construction, and storage activities
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are not primary or complimentary activities in the "Residential" designation. Under the
Bozeman Creek Neighborhood Plans "Preferred Alternative" this site is designated
"industrial/commercial."
5) The level of conflict with other users in the surrounding area: None.
6) The presence of other nonconformities in the surrounding area: A "stone yard" to the south,
also zoned.R-S (Residential Suburban).
7) The degree to which my existing unsafe or hazardous conditions would be mitigated: None.
8) The viability of the subject structure(s): It shall be constructed to service the property owner for
long term use in their business operations.
9) Onsite and offsite impacts from noise, dust, smoke, surface or groundwater contamination, or
other environmental impacts: Minimal impacts during construction. The proposed building will
not increase the current level of activity at the site.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the previous analysis, the DRC finds that the application,with conditions,is in general compliance
with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following
four conditions of approval are recommended:
1. The applicant shall provide to the Planning Department written documentation of compliance with
all of the conditions of previous applications. This documentation shall include compliance with
previous conditions regarding the limitation of vehicle and equipment storage within the specified
boundaries of the previous Variance application (#C-9214).
2. Details of storage to be relocated within the building shall be included with the Final Site Plan
submittal materials. This shall include the demarcation of open space areas to be added& removed
with the proposed development. Lot coverage calculations shall be included with the Final Site Plan
submittal materials.
3. The proposed structure shall be painted and construction to match the existing color scheme of
Martel buildings on-site.
4. The proposed project shall be completed as approved and conditioned in the Conditional Use
Permit and Variance applications. Any modifications to the submitted and approved application
materials shall invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to undertaking said
modifications.
5. The applicant shall comply with all applicable Building/Electrical/Plumbing codes,and permits shall
be obtained as required by the Building Division prior to commencement of any tenant
improvements.
CONCLUSION/RECOMMENDATION
The DRC has reviewed the Conditional Use Permit Application to allow the construction of a new
maintenance and storage building, 6,428 square feet total, on the property located at 1203 South Church
Avenue 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
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Report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance,
which are applicable to this project,prior to receiving Final Site Plan 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 Bozeman Municipal
Code or state law.
Attachments: Applicant's Submittal Materials
Report Sent To: Martel Construction,Inc., 1203 S.Church Ave.,Bozeman,MT 59715
CTA Architects Engineers,10180 Cottonwood Road,Bozeman,MT 59718
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#Z-06045 Martel Construction Expansion CUP
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