HomeMy WebLinkAboutJ3 Landfill Conv Center CUP
Report compiled on November 15, 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Bozeman Landfill Convenience Center CUP, #Z-06245
MEETING DATE: Monday, November 27th, 2006
BACKGROUND: This is an application for a Conditional Use Permit to allow the construction
of a household hazardous waste (HHW) facility on property located at 2143 Story Mill Road. The
property in question is legally described as Section 30, T1S, R6E, City of Bozeman, Gallatin County,
Montana. No deviations are requested.
Public Agency Exemptions are requested from the following chapters of the Unified Development
Ordinance; Chapter 18.44 “Transportation,” to forgo the installation of street improvements and
sidewalks along Story Mill Road; and Chapter 18.46 “Parking,” to forgo the installation and striping
of designated parking.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: That the City Commission approve Application No. Z-06245 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.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT
BOZEMAN LANDFILL CONVENIENCE CENTER CUP #Z-06245
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Item: Zoning Application #Z-06245, a Conditional Use Permit application to
allow the construction of a household hazardous waste (HHW) facility
near the scale house at the City of Bozeman Landfill on property
located at 2143 Story Mill Road, which is zoned “PLI,” Public Lands
and Institutions District.
Property Owner: City of Bozeman
PO Box 1230
Bozeman, MT 59771
Applicant/Representative: City of Bozeman
Attn: Dustin Johnson, Project Engineer
PO Box 1230
Bozeman, MT 59771
Date: City Commission Hearing: Monday, November 20th, 2006,
6:00 p.m., in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, MT 59715.
Report By: Martin Knight, Assistant Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is located at 2143 Story Mill Road and legally described as Section 30, T1S, R6E, City
of Bozeman, Gallatin County, Montana. The total lot area of the landfill is approximately 200 acres
(8,712,000 square feet). The proposed convenience center would occupy approximately 1.37 acres (43,560
square feet). Said property is zoned “PLI,” Public Land and Institutions District. Please refer to the
following vicinity map.
PROPOSAL
This is a Conditional Use Permit Application to allow the construction of a household hazardous waste
(HHW) facility near the scale house at the City of Bozeman Landfill. The subject property is zoned “PLI,”
Public Lands and Institutions District.
Public Agency Exemptions are requested from the following chapters of the Unified Development
Ordinance; Chapter 18.44 “Transportation,” to forgo the installation of street improvements and sidewalks
along Story Mill Road; and Chapter 18.46 “Parking,” to forgo the installation and striping of designated
parking.
To fulfill the landscaping requirements, the applicant has submitted a request, in accordance with UDO
Section 18.48.030, for the designation of an artificial lot. This artificial lot will include the area immediately
surrounding the proposed convenience center. The proposed artificial lot is found to be in compliance with
the requirements set forth in UDO Section 18.48.030. Landscaping that fulfills the zoning ordinance
requirements will be required within the boundaries of the proposed artificial lot. The proposed landscape
plan will be evaluated for needed points with the Final Site Plan.
This application is CUP because solid waste landfill and transfer facilities are Conditional Uses in the PLI
zoning district, per section 18.16 of the Unified Development Ordinance.
No public comment has been received.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property is zoned “PLI,” (Public Lands and Institutions District). The
intent of the “PLI” District is to provide for major public and quasi-public uses outside of other districts.
Not all public and quasi-public uses need to be classified PLI. Some may fit within another district;
however larger areas will be designated PLI. The following land uses and zoning are adjacent to the subject
property:
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North: Landfill property/vacant land; zoned “PLI,” Public Lands and Institutions District.
South: Single-Household Residences; zoned “R-3,” Residential Medium Density District.
East: Vacant/agricultural land; Gallatin County
West: Landfill property/Vacant; zoned “PLI,” Public Lands and Institutions District.
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as “Public Institutions” in the Bozeman 2020 Community Plan. A variety of
activities are undertaken in this land use classification. Schools are a dominant use including Montana State
University. Other typical uses are libraries, fire stations and publicly owned utilities. A significant portion of
Bozeman’s employment occurs within this category.
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 in conformance with the Bozeman 2020 Community Plan land
use designation of “Community 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.
c) Section 18.54.040.B.1.b states that all installations shall be as visually unobtrusive as is
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feasible. Facilities and equipment mounted on existing structures shall be visually
incorporated into the structure or background by the use of architectural elements, color,
screening, or other methods.
d) Section 18.54.040.B.1.c states that no lighted signage is permitted.
e) Section 18.54.040.B.1.e states that screening of ground-mounted equipment shall
provide an opaque screen within eighteen months of establishment and be a minimum
of 4 feet in height.
f) 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
a. The FSP shall be adequately dimensioned and labeled with a legend of
linetypes and symbols used provided.
b. 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, discharge structure details and basin cross-section),
stormwater discharge destination, and a stormwater maintenance plan.
c. Asphalt paving and/or gravel section detail shall be provided to and approved
by the City Engineer.
d. 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
infrastructure plans for subdivisions. It shall be the responsibility of the
applicant to ensure that the construction traffic follows the approved routes.
e. All construction activities shall comply with section 18.74.020.A.2 of the
Unified Development Ordinance. This shall include routine cleaning/sweeping
of material that is dragged to adjacent streets. The City may require a
guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are
complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct
any problems that are identified.
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f. 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 Storm Water
Discharge Permit is necessary. If required by the WQB, an erosion/sediment
control plan shall be prepared for disturbed areas of 1 acre or less if the point
of discharge is less than 100’ from State Waters.
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
Currently, the subject area is vacant. The primary entrance to the landfill, including the scale
house, is located immediately adjacent to the proposed convenience center. To the south lie
single household residences; property to the north, east, and west is currently vacant.
Landscaping that fulfills the Zoning Ordinance requirements will provide adequate screening
from adjacent residences. Furthermore, a grade change of approximately 15 feet, from the
proposed convenience center to the property line, will further aid in screening. The
proposed convenience center will not prohibit development of adjacent properties.
No lighting or signage has been proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Currently, the primary entrance to the landfill, which includes the scale house, sees large
volumes of traffic during operating hours. The proposed development is not expected to
significantly increase this traffic.
Currently, parking facilities are not provided at the scale house. During hours of operation,
the attendant of the scale house parks directly next to the scale house. The applicant has
requested a Public Agency Exemption from Unified Development Ordinance Chapter 18.46
“Parking.” This exemption would permit the UDO requirement for “providing parking for
all uses” to be waived. The proposed convenience station will offer areas for the public to
pull in and dispose of their waste/recyclables. This area will only be utilized for unloading;
Parking will not be permitted. The scale house attendant will continue to park directly next
to the scale house.
6. Pedestrian and vehicular ingress and egress
The convenience center will utilize the existing access off Story Mill Road. The proposed
development is not expected to significantly increase the traffic volume.
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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
To fulfill the landscaping requirements, the applicant has submitted a request, in accordance
with UDO Section 18.48.030, for the designation of an artificial lot. This artificial lot will
include the area immediately surrounding the proposed convenience center. The proposed
artificial lot is found to be in compliance with the requirements set forth in UDO Section
18.48.030.
Landscaping that fulfills the Zoning Ordinance requirements will provide adequate screening
from adjacent residences. Furthermore, a grade change of approximately 15 feet, from the
proposed convenience center to the property line, will further aid in screening. The
proposed landscape plan will be evaluated for needed points with the Final Site Plan.
Landscaping standards, per UDO Section 18.48 “Landscaping,” will be met.
8. Open space
The Zoning Ordinance requirements are being met.
9. Building location and height
The proposed convenience center is exclusive of the required setbacks. The proposed
building height of approximately 16 feet is within the permitted height requirements. Thus,
building location and height are acceptable.
10. Setbacks
The PLI zoning district does not have yard requirements. When a PLI zoned lot is adjacent
to another district, the yard requirements for that adjacent district are required. The subject
property is adjacent to property zoned R-3. A 15-foot front, 20-foot rear, and 5-foot side
yard setback is required. All setbacks requirements are being met.
11. Lighting
No exterior lighting has been proposed. Any exterior lighting will require a lighting plan and
must be reviewed, and approved, by the Planning Department prior to installation.
12. Provisions for utilities, including efficient public services and facilities
No water, sewer, or utility services are proposed. The proposed development will not affect
any existing utility services.
13. Site surface drainage
Stormwater runoff calculations have not been provided. This will be evaluated as part of the
Final Site Plan and any needed grading for Stormwater must be provided. There is little
impervious surface and it is expected that stormwater will naturally infiltrate.
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14. Loading and unloading areas
The proposed facility will provide areas for the public to pull in and dispose of their
waste/recyclables. This area will be used for unloading; no parking will be permitted. The
proposed unloading area is found to be acceptable.
15. Grading
A grade change of approximately 15 feet does exist on the subject area. This grade change
will be found from the proposed concrete pad to the southern property line. Minimal
grading will be required to install the proposed convenience center; however, some grading
may be necessary prior to the installation of landscaping features adjacent to the convenience
center.
Any necessary grading will be reviewed with the grading and drainage plan required for Final
Site Plan submittal. However, if needed, grading will be required to route the water to the
appropriate stormwater facilities.
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
No screening has been proposed. All mechanical equipment shall be screened in accordance
with UDO section 18.38.050. This shall include, but not be limited too, air conditioners and
electric panels. All mechanical equipment and screening shall be depicted on the site plan
and landscaping plan for Final Site Plan submittal. This has been included as a code
provision for Final Site Plan approval.
18. Overlay district provisions
Non-applicable
19. Other related matters, including relevant comment from affected parties
No public comment has been received.
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;
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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.
Again, the convenience center will utilize the existing access off Story Mill Road. This
facility is not expected to significantly increase the traffic volume. Landscaping that fulfills
the Zoning Ordinance requirements will provide adequate screening from adjacent
residences. The proposed layout will not prohibit development of adjacent properties.
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.
Again, the proposed facility will be adequately screened from adjacent properties. Minimal
traffic will be generated and the proposed layout will not prohibit development of adjacent
properties.
No public comment has been received. Any comments received after the date of this Staff
Report will be distributed to the Commission at the public hearing.
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: no special recommendations.
b. Special yards, spaces and buffers: As discussed above in item 2, the site provides adequate
size and topography to accommodate the proposed convenience center.
c. Special fences, solid fences and walls: No special conditions recommendations.
d. Surfacing of parking areas: No special conditions recommended.
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e. Requiring street, service road or alley dedications and improvements: No special
recommendations.
f. Regulation of points of vehicular ingress and egress: No special recommendations.
g. Regulation of signs: All signage must be approved by Vicki Hasler, Code Enforcement
Officer for the City of Bozeman.
h. Requiring maintenance of the grounds: No special conditions.
i. Regulation of noise, vibrations and odors: The issuance of the CUP will not add noise,
vibrations or odors.
j. Regulation of hours for certain activities: No regulations are recommended.
k. Time period within which the proposed use shall be developed: No special conditions
recommended.
l. Duration of use: The use may continue for the life of the structure.
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.
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:
Planning:
1. Landscaping standards, per UDO Section 18.48 “Landscaping,” shall be provided. For the purpose
of fulfilling landscaping requirements, the applicant may designate an artificial lot. An application
must be submitted to the Planning Director prior to the City Commission Hearing of this
Conditional Use Permit.
2. Parking shall be provided for all uses in accordance with UDO Section 18.46 “Parking.”
3. Any utility lines and easements shall be accurately depicted on the Final Site Plan and Landscape
plan. Proposed extensions and additions shall be labeled “proposed.”
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.
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CONCLUSION/RECOMMENDATION
The DRC has reviewed the Conditional Use Permit Application to allow the construction of a household
hazardous waste (HHW) facility near the scale house at the City of Bozeman Landfill on property located at
2143 Story Mill Road 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 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: City of Bozeman, Attn: Debbie Arkell, PO Box 1230, Bozeman, MT 59771
City of Bozeman, Attn: Dustin Johnson, PO Box 1230, Bozeman, MT 59771
November 15, 2006
To: Martin Knight, Planner
From: Dustin Johnson, Project Engineer
Re: Request for artificial lot for the development of the
Convenience Station at the Story Mill Landfill
The City of Bozeman would like to formally request that an artificial lot be established for the
purpose of developing a landscape plan for the convenience station located at the Story Mill
Landfill.
cc: ERF
Project File
October 26, 2006
To: Martin Knight, Planner
From: Dustin Johnson, Landfill Engineer
Re: Story Mill Landfill Convenience Station Exemption Requests
The City of Bozeman would like to make the following exemption requests for the proposed
Convenience Station that will be located at the existing Story Mill Landfill:
Installation of street improvements and sidewalks along Story Mill
(UDO section 18.44.080 and 18.44.050) – Currently the section of Story Mill Road that fronts the
landfill does not have curb, gutter, or sidewalk. The adjoining properties to the north and south of
the landfill do not have curb, gutter, or sidewalk. If curb, gutter, and sidewalk were required for
the section of Story Mill Road that fronts the landfill, it would not connect to any other section
along Story Mill Road that has curb, gutter, or sidewalk. It should be noted that there currently
exists a trail that ends at the landfill access gate. This trail connects to the Bridger Creek
Subdivision system of trails and eventually to the series of trails that run along the East Gallatin.
Further, our application is for further development of the site, which entails improving the
existing customer convenience site and only adding the HHW facility.
Installation and striping of designated Parking
(UDO section 18.46) – There is no parking at or near the scale building for the public, and no
changes will be made in this area. The improved convenience station will offer areas for the
public to pull in and dispose of their waste/recyclables. This area will only be used for unloading,
and no parking will be permitted. During hours of operation the attendant of the scale parks
directly next to the scale house. The scale area sees large volumes of traffic and designated
parking could create undo congestion.
Landscaping
(UDO section 18.48) – The City of Bozeman intends to provide a berm and a series of trees to
screen views of the convenience station from the south. The plans provided show the berm and
several trees screening the view. However, a full landscape plan has not been submitted at this
time. Staff would like to propose to work with in-house staff in the Forestry Department and the
Planning Department to design a landscape plan that would meet all necessary requirements and
adequately screen the views of the convenience station, rather than spend taxpayer money to hire
an outside consultant for this work. This plan will be implemented as early as next spring.
cc: ERF
Project File