HomeMy WebLinkAboutUniversal Athletics Conditional Use PermitPage 1 of 15
Z14096, Staff Report for the Universal Athletics Conditional Use Permit
Date: City Commission public hearing is on June 23, 2014
Project Description: Universal Athletics Conditional Use permit to allow 12,000 square
feet of interior space of the existing 47,200 square foot building at 912 N. 7th
Avenue, (the site of the former Van’s IGA), for silk screen printing of athletic
apparel. This use falls under the zoning designation of light manufacturing and requires Conditional Use Permit approval from the City Commission in the B-2 (Community Business District), Application Z14096.
Project Location: The northeast corner of N. 7th Avenue and W. Tamarack Street. The
property is legally described as the North 7th Add., S01, T02S., R05.E., Block 3, Lot
1-15, Plus Vac St. and Alleys, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all information presented, I hereby adopt the findings presented in the
staff report for application Z14096 and move to approve the conditional use permit
with conditions and subject to all applicable code provisions.
Report Date: Wednesday, June 18, 2014
Staff Contacts: Brian Krueger, Development Review Manager
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
Project Summary
This Conditional Use Permit (CUP) application involves a request to allow 12,000 square
feet of interior space of the existing 47,200 square foot building known as the former Van’s
IGA for silk screen printing of athletic apparel. This use falls under the zoning designation of
light manufacturing entirely indoors and requires Conditional Use Permit approval from the
City Commission in the B-2 (Community Business District).
Universal Athletics proposes to purchase the subject property and convert it for their new
corporate facility which would also have approximately 10,000 square feet of retail, 7,000
square feet of office and approximately 18,200 square feet of warehouse. A key component
to this project is whether the City grants this CUP application for the necessary light
manufacturing entirely indoors component as proposed.
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The site layout, landscaping, stormwater, access, and circulation on the subject property are
legal nonconforming. No significant changes are proposed to the site with this application.
The overall change in use from grocery retail to the mix of uses proposed for Universal
Athletics is less intense from a parking and traffic/trip generation standpoint and does not
exceed the thresholds in the code to require full site compliance to current standards. During
reuse and change in use applications it is the policy of the City to work with owners of
property during the reuse, change in use, or further development process to correct existing
violations of the City's and other agency's regulations, to encourage reinvestment and
renewal of existing developed sites, and to move existing sites toward compliance with
current standards while recognizing the limitations that may exist in relation to an existing
site. This application does include improvements to conform to ADA parking, bicycle
parking, trash enclosure, and lighting regulations.
If this CUP is approved by the City Commission, the applicant intends to pursue the
necessary Certificate of Appropriateness (COA) application with the City to complete
additional necessary renovations for the project. The DRC, at their June 4, 2014 meeting,
voted unanimously to recommend approval of the application with the conditions identified
in this report.
No public comment has been received in regards to this application.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 7
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 8
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 11
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 13
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 14
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 15
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 15
FISCAL EFFECTS ................................................................................................................. 15
ATTACHMENTS ................................................................................................................... 15
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SECTION 1 - MAP SERIES
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Surrounding Zoning and Land Uses:
North: Zoned B-2 (Community Business District); Use: Commercial
South: (Across W. Tamarack Street) Zoned B-2; Use: Commercial and Residential
East: (Across N. 5th Avenue) Zoned R-4 (Residential High Density District); Use: Vacant
West: (Across N. 7th Avenue) Zoned B-2; Use: Commercial
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SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
No relaxations/deviations or variances have been requested as part of this application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the project.
Recommended Conditions of Approval:
1. 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.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
A. Section 38.19.110.F BMC 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,
Site Plan
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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. For the applicant’s information. A recordable
conditional use permit document will be prepared and executed by the property owner
if approved by the City Commission.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Universal Athletics Conditional Use Permit
File: Z14096
The DRC reviewed the application on May 21, 28 and June 4, 2014 and completed the
review with a recommendation of conditional approval.
The City Commission is scheduled to hold a public hearing and review the application at
their June 23, 2014 meeting.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
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.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
This proposed land use is generally consistent with the Community Commercial land use
classification identified for this property in the City’s adopted Growth Policy (Figure 3-1:
Future Land Use Map). This use is also permitted within the underlying B-2 zoning district
with the approval of a CUP. See also Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
There are no current violations existing on the subject property. The site layout, landscaping,
stormwater, access, and circulation on the subject property are legal nonconforming. No
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significant changes are proposed to the site with this application. The overall change in use
from grocery retail to the mix of uses proposed for Universal Athletics is less intense from a
parking and traffic/trip generation standpoint and does not exceed the thresholds in the code
to require full site compliance to current standards. During reuse and change in use
applications it is the policy of the City to work with owners of property during the reuse,
change in use, or further development process to correct existing violations of the City's and
other agency's regulations, to encourage reinvestment and renewal of existing developed
sites, and to move existing sites toward compliance with current standards while recognizing
the limitations that may exist in relation to an existing site. This application does include
improvements to conform to ADA parking, bicycle parking, trash enclosure, and lighting
regulations.
3. Conformance with all other applicable laws, ordinances, and regulations
See item 2 above. Applications for a CPA, building permits and other required permits will
be made in due time. All permits must be in hand before construction will be approved.
4. Relationship of site plan elements to conditions both on and off the property
The proposed light manufacturing use is entirely indoors and is not envisioned to impact the
existing site or surrounding properties. This use can be accommodated with the basic
infrastructure that exists on site that served the previous grocery/retail uses.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The applicant indicates that anticipated traffic and parking conditions for the proposed site
are anticipated to decrease from when the building was used as a grocery store. The plan
demonstrates that the required amount of on-site parking, including accessible spaces and
loading/unloading facilities, can be provided and will be further evaluated as part of the
future COA application. The DRC did not identify any traffic mitigation measures
necessitated by this application.
6. Pedestrian and vehicular ingress and egress
No changes to the existing pedestrian and vehicular ingress and egress points are planned at this time. Sidewalks currently exist along both the N. 7th Avenue and W. Tamarack Street
frontages. These items will be further evaluated as part of the future COA application.
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 indicates that no additional landscaping is proposed at this time and will be
addressed with the COA application.
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8. Open space
As a commercial/industrial project, there are no specific open space or parkland requirements
for the proposed use.
9. Building location and height
There are no proposed changes to the existing building location and height.
10. Setbacks
There are no proposed changes to the existing building setbacks.
11. Lighting
There are not proposed lighting changes proposed at this time. The applicant indicates that
compliance wall mount lighting will be addressed as part of the future COA application.
12. Provisions for utilities, including efficient public services and facilities
The site is fully served by public and private utilities. The DRC did not identify any concerns
with the proposed use.
13. Site surface drainage
There are no proposed changes to the site surface drainage or stormwater control.
14. Loading and unloading areas
The applicant intends to utilize the existing loading/unloading provisions of the site that are
located along the rear/east side of the site. On-site loading and unloading can be
accommodated on site without impacting the adjacent roadways. This item will also be
further reviewed as part of the COA application.
15. Grading
No grading changes are proposed.
16. Signage
No specific signage was detailed or requested as part of this CUP application. The applicant
indicates that a new signage plan will be proposed as part of the COA application.
17. Screening
The applicant indicates that refuse screening will be provided and any additional screening
considerations will be addressed with the COA application.
18. Overlay district provisions
This site is located within the N. 7th Avenue Entryway Corridor and a COA application is
required prior to the authorization of any exterior building or site changes or construction in
accordance with the requirements of the BMC.
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19. Other related matters, including relevant comment from affected parties
As of the writing of this report, no public comment has been received in response to the
noticing of this project. Any public comments received following the writing of this report
will be forwarded to the City Commission prior to 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:
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
or
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.
This site contains multiple lots. A subdivision exemption to aggregate these lots will be
necessitated as part of the future COA and building permit process. Staff has also suggested
that the applicant work with the property owner to the north to memorialize a shared
driveway/parking agreement for the northern portion of the property due to the shared drive
aisle and parking considerations along that property boundary.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
Not applicable.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine 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 site is adequate in size and topography to accommodate the proposed use. The applicant
has also preliminarily demonstrated that all necessary site and building improvements can be
made to accommodate the proposed change of use. Staff incorporates the plan review
findings presented above in Section 38.19.100 as supporting evidence.
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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;
The DRC did not identify any hazards to the public health and safety and finds that the
application generally can comply with the Bozeman Municipal Code as conditioned.
Staff has not received any public comment as of the writing of this report. Any public
comment received after the completion of the Commission packets will be distributed to the
Commission members at the public hearing.
Following review of the proposed application with the inclusion of the recommended
condition, 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:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
The DRC did not identify or recommend any specific conditions necessary at this time to
address any of the above public health, safety or welfare issues. If necessitated during the
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review by the City Commission at the public hearing, specific conditions of approval can be
added by the Commission to address any specific concerns in these regards.
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final site plan as noted in Section 4 of this report.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The property is zoned B-2 (Community Business District). The intent of the B-2 District is to
provide for a broad range of mutually supportive retail and service functions located in
clustered areas bordered on one or more sides by limited access arterial streets.
Adopted Growth Policy Designation:
The Future Land Use Map of the Bozeman Community Plan designates the subject property
to develop as “Community Commercial Mixed Use”. The “Community Commercial”
classification states that activities within this land use category are the basic employment and
services necessary for a vibrant community. Establishments located within these categories
draw from the community as a whole for their employee and customer base and are sized
accordingly. A broad range of functions including retail, education, professional and
personal services, offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are
integrated with significant transportation corridors, including transit and non-automotive
routes, to facilitate efficient travel opportunities. The density of development is expected to
be higher than currently seen in most commercial areas in Bozeman and should include
multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow
residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor
seating, public art, and hardscaped open space and park amenities are anticipated,
appropriately designed for an urban character. Placed in proximity to significant streets and
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intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall
be provided. High density residential areas are expected in close proximity. Including
residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant in
size and are activity centers for an area of several square miles surrounding them. These are
intended to service the larger community as well as adjacent neighborhoods and are typically
distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10-
15 acre size range and are intended to provide primarily local service to an area of
approximately one-half mile radius. These commercial centers support and help give identity
to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the
size and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should
not be overly dominated by any single land use. Higher intensity employment and residential
uses are encouraged in the core of the area or adjacent to significant streets and intersections.
As needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
This Conditional Use Permit (CUP) application involves a request to allow 12,000 square
feet of interior space of the existing 47,200 square foot building known as the former Van’s
IGA for silk screen printing of athletic apparel. This use falls under the zoning designation of
light manufacturing entirely indoors and requires Conditional Use Permit approval from the
City Commission in the B-2 (Community Business District).
Universal Athletics proposes to purchase the subject property and convert it into their new
corporate facility which would also have approximately 10,000 square feet of retail, 7,000
square feet of office and approximately 18,200 square feet of warehouse. A key component
to this project is whether the City grants this CUP application for the necessary light
manufacturing entirely indoors component as proposed.
If this CUP is approved by the City Commission, the applicant intends to pursue the
necessary Certificate of Appropriateness (COA) application with the City to complete the
necessary renovations for the project.
Historically, the subject property has been used as a retail grocery store and other smaller
retail and service uses.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided at least 15 and not more than 45 days prior to the expected decision by
the City Commission. No public comment has been received to date.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Tschache and Cape Family, Attn: Don Cape Jr., 1184 North 15th Avenue #4, Bozeman,
MT 59715
Applicant: CTA, Inc., Attn: Jimmy Talarico, 411 E. Main Street, Suite 101, Bozeman, MT
59715
Representative: Larry Aasheim, 25 W. Main Street, Bozeman, MT 59715
Report By: Doug Riley, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this conditional use permit application.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development: Universal Athletics Services Corporate Facilities Expansion
2. Property Owner Information:
Name: Tschache & Cape Family – Attn: Don Cape, Jr. E-mail Address: dcape@jwtcompanies.com
Mailing Address: 1184 North 15th Avenue #4, Bozeman MT 59715
Phone: 406-579-2316 FAX:
3. Applicant Information:
Name: CTA, Inc. , Attention Jimmy Talarico E-mail Address: jimt@ctagroup.com
Mailing Address: 411 E Main St. Suite 101, Bozeman, MT 59715
Phone: 406-556-7100 FAX: 406-585-3031
4. Representative Information:
Name: Larry Aasheim E-mail Address: LAasheim@universalathletic.com
Mailing Address: 25 W. Main St., Bozeman, MT 59715
Phone: 406-587-4415 FAX:
5. Legal Description: NORTH 7th ADD, S01, T02 S, R05 E, BLOCK 3, Lot 1-15, PLUS VAC ST & ALLEYS
6. Street Address: 912 North 7th Avenue
7. Project Description: 49,000 SF partially vacant building that was previously used as a grocery store.
8. Zoning Designation(s): B-2 9. Current Land Use(s): Retail
10. Bozeman Community Plan Designation: Community Commercial Mixed Use
11. Gross Area: Acres: 3.75 Square Feet: 163,254 12. Net Area: Acres: 3.75 Square Feet: 163,254
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May 14, 2014
Doug Riley Senior Planner
City of Bozeman Department of Community Development
20 East Olive Street Bozeman, MT 59771 Re: Universal Athletics Light Manufacturing Conditional Use Permit Application Z14096
Dear Mr. Riley,
The following is our response to comments received on April 23, 2014 regarding our initial Conditional Use Permit submittal. We believe we have addressed all of your concerns and off the following locations
for our corrections. Please feel free to contact me with any other questions. We look forward to working with you throughout this process.
1. All references to Artisan Manufacturing have been changed to Manufacturing, light and entirely
indoors.
2. No utility easement was located through the County Clerk and Recorders office. Additionally no current survey has been done for this site. However, we located an existing waste line, electrical service
entrance and water service entrance into the building. Further verification can be provided during the Certificate of Appropriate process.
3. Please see sheets G101 and G102 for provisions for handicap accessibility.
4. Please see sheets G101 and G102 for exterior refuse collection areas and typical details.
5. Please see G100 and 2/G101 for existing zoning information.
6. Please see sheets G101 and G102 for bike rack parking location and details.
7. Please see 3/G101 for an accurate floor plan of the proposed space. Please note that this layout is
preliminary and final layout will be addressed in the COA.
8. Please find attached all requested copies of the current information.
9. Please see G100 for updated parking calculations.
10. Please see the narrative response provided below addressing the Conditional Use Permit criteria in Section 38.19.110.
Sincerely,
CTA Architects Engineers
Jimmy Talarico
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UNIVERSAL ATHLETIC SERVICES NORTH 7TH BUILDING REUSE MAY 14, 2014
CONDITIONAL USE PERMIT (CUP) SUBMITTAL CITY OF BOZEMAN, MONTANA
SITE PLAN CHECKLIST NARRATIVE
Executive Summary:
The Conditional Use Permit application is for the former Vans IGA building located at 912 North 7th Avenue.
For this application, no new construction or site work is proposed; the client, Universal Athletic Services
(UAS) is simply interested in the viability of approval for Manufacturing, light and entirely enclosed for this
building. UAS is considering using approximately 12,000 SF of interior space of the existing 47,200 SF
building for silk screening of athletic apparel. This use would fall under “Manufacturing, light and entirely
indoors” within the Bozeman UDO. Up to 3,500 SF of Artisan Manufacturing is currently allowed within B2
zoning. The remainder of the building is proposed to be used as follows: approximately 10,000 SF for Retail,
7,000 SF for Office, and 18,200 SF for Warehouse. The previous use of the building was a grocery store which
is categorized as Retail within the Bozeman UDO. Because of the change in use, there will be less impact on
the site from vehicular and pedestrian traffic than what was originally designed.
At this time, this application is for a Conditional Use Permit for Manufacturing, light and entirely indoors.
Once approved, the intent is to design and secure a Certificate of Appropriateness for the reuse project that
Universal Athletic Services is pursuing. Site and building requirements by the City’s Zoning, Planning, and
Building Departments will be met at that time. However, the revised project will not move forward if the
conditional use for Manufacturing, light and entirely indoors is not approved.
Below are some bullet points outlining our screen printing business (AKA Universal Sportscreen).
• Universal Sportscreen is a silk screening business that is 100% owned by Universal Athletic. We do
most of our printing on Universal Athletic garments for 11 retail stores and 45 sales people in a 9
state area.
• We have 22 full time employees.
• We print orders as large as 15,000 pieces, to an order as small as one.
• Having been in the business for over 28 years, I’ve seen many changes in the industry, primarily that
it has become more automated and a much cleaner process.
• The solvents used are now mostly citrus based, what is deposited in the dumpster is safe for the
landfill, and what is conveyed to the drain has been listed and approved by the water treatment
plant.
• We have full disclosure of the products we use in the silk screening process in the form of material
safety data sheets (MSDS) and our work force is aware of them.
Universal Sportscreen ensures having a good, safe and clean-as-possible work environment, and an efficient
business for Universal Athletic.
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UNIVERSAL ATHLETIC SERVICES NORTH 7TH BUILDING REUSE MAY 14, 2014
CONDITIONAL USE PERMIT (CUP) SUBMITTAL CITY OF BOZEMAN, MONTANA
Site Plan Checklist Items Not Included in Submittal:
A. Design Review Board (DRB Site Plan Review Threshold:
1. No dwelling units are proposed.
2. This is an existing structure and no new area is proposed.
3. No exterior storage of materials or goods is proposed.
4. There is an existing parking lot on site with 181 parking spaces. We do not propose to add any
parking.
B. General Information:
3. No construction is proposed at this time.
11. No dwelling units are proposed.
13. The development is not submitting for subdivision Preliminary Plat.
14. This CUP is for an existing building and site. No construction or site work is proposed at this time.
15. a. Photos of the existing building have been provided. b. The existing building is not located in a
floodway or floodplain area. c. Floor plans show location and dimensions of all proposed uses and
activities, though no construction or site work is proposed at this time.
16. No temporary facilities are required for this site.
17. A Noxious Weed Management and Revegetation Plan is not required. No site work is proposed at
this time.
18. No new Property Owners Associations or Covenants are proposed.
19. There is no proposed site work for this location at this time so a Stormwater Management Permit
application is not required.
C. Site Plan Information:
7. This is a developed site with an existing building. All utilities are existing and there is no work
proposed that will interfere with the existing utilities.
8. There is no proposed work that will affect surface water.
9. There is no proposed work that will affect grading and drainage.
10. No Drainageway areas are proposed.
11. No rock outcroppings or significant topographic features exist on-site. Existing and proposed
contours are shown on the site plan. No changes are being proposed at this time.
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UNIVERSAL ATHLETIC SERVICES NORTH 7TH BUILDING REUSE MAY 14, 2014
CONDITIONAL USE PERMIT (CUP) SUBMITTAL CITY OF BOZEMAN, MONTANA
14. No fences or walls are proposed for this project.
15. There is no proposed change to signage at this time.
16. No construction period exterior refuse collection areas are proposed at this time. See G101 for
permanent refuse collection location and G102 for details.
18. There are no proposed changes to existing curbs, asphalt sections or drive approaches.
19. No change to the existing landscaping is proposed at this time.
20. There are no unique natural features, significant wildlife areas, or vegetative cover.
21. No change to the existing site is proposed at this time, therefore there will be no change to current
snow storage areas.
22. The property is well within the City limit boundaries with no applicable lines to show.
24. The site is not designated historically significant.
25. There are no major public facilities on or near this site.
26. There are no Park or Recreation requirements with this application.
27. No Residential Affordable Housing is proposed on this site.
D. Landscape Plan Information:
There is no new building or site construction proposed at this time. This submittal is for an interior change of
use which does not affect the existing landscaping so no Landscape Plan is provided.
Sec. 38.19.110. Conditional use permit. Narrative Response.
A. The person applying for a conditional use permit shall fill out and submit to the planning
department the appropriate form with the required fee. The request for a conditional use permit
shall follow the procedures and application requirements of this article.
Agreed and attached.
B. In consideration of all conditional use permit applications, a public hearing shall be conducted by
the review authority. Notice of the public hearing shall be provided in accordance with article 40
of this chapter.
Agreed.
C. If a rezoning is required prior to approval of a conditional use permit, the application for rezoning
and the conditional use permit may be filed and acted upon simultaneously, however the
conditional use permit shall not be effective until the rezoning has been implemented by
ordinance.
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CONDITIONAL USE PERMIT (CUP) SUBMITTAL CITY OF BOZEMAN, MONTANA
No rezoning is required for this Conditional Use Permit.
D. The review authority, in approving a conditional use permit, shall review the application against
the review requirements of section 38.19.100
See below for compliance with Section 38.19.100.
E. In addition to the review criteria of section 38.19.100, the review authority shall, in approving a
conditional use permit, determine 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;
Manufacturing, light and entirely indoors will have less impact on the site than its former
use as a grocery store.
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;
Agreed.
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:
a. Regulation of use;
This use is already being regulated within the City of Bozeman at Universal
Athletics current Sportscreening facility.
b. Special yards, spaces and buffers;
No special yards, spaces or buffers are anticipated for this project.
c. Special fences, solid fences and walls;
See details for a dumpster enclosure. No other fences or walls are
anticipated for this project.
d. Surfacing of parking areas;
The existing lot is paved and in relatively good condition.
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
No roads will be affected by this CUP.
f. Regulation of points of vehicular ingress and egress;
There will be lighter vehicular use on this site than its previous use so ingress
and egress will not be affected.
g. Regulation of signs;
h. Requiring maintenance of the grounds;
The applicant is not the current owner of the property. If Universal Athletics
purchases this property they will assume responsibility for maintenance of
the grounds.
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i. Regulation of noise, vibrations and odors;
It is not anticipated that noise, vibrations and odors from the silk screening
process will be issues for concern for this project.
j. Regulation of hours for certain activities;
Hours for certain activities such as deliveries will be similar to that of the
previous grocery store.
k. Time period within which the proposed use shall be developed;
The intention is for this property to be operational by
l. Duration of use;
Universal Athletics intends to occupy this building for the foreseeable future.
m. Requiring the dedication of access rights; and
No dedication of access rights are required.
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
F. In addition to all other conditions, the following general requirements apply to every conditional
use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the conditional use permit procedure; and
Agreed.
2. That all of the conditions shall constitute restrictions running with the land use, shall apply
and be adhered to by the owner of the land, successors or assigns, shall be binding upon
the owner of the land, his successors or assigns, shall be consented to in writing, and shall
be recorded as such with the county clerk and recorder's office by the property owner
prior to the issuance of any building permits, final plan approval or commencement of the
conditional use.
Agreed.
G. Applications for conditional use permits may be approved, conditionally approved or denied by
motion of the review authority. If an application is denied, the denial shall constitute a
determination that the applicant has not shown that the conditions required for approval do
exist.
Agreed.
H. The applicant shall be notified in writing of the final action taken within seven working days of
the action. If the conditional use permit has been granted the notification shall include any
conditions, automatic termination date, period of review or other requirements. If the
conditional use permit has been granted, the permit shall be issued upon the signature of the
planning director after completion of all conditions and final plan.
I. Termination/revocation of conditional use permit approval.
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CONDITIONAL USE PERMIT (CUP) SUBMITTAL CITY OF BOZEMAN, MONTANA
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 38.19.120
Agreed.
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.
Agreed.
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 38.34.160
Agreed.
Sec. 38.19.100. Plan review criteria. Narrative Response.
A. In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria. When considering the criteria for future
phases of a master site plan, other than those for criteria 1—3, the evaluation shall be of a more
generalized demonstration of compliance, recognizing that a subsequent site plan shall be
submitted in the future which shall provide evidence of specific compliance. The level of detail
submitted and review conducted shall be equal with the level of entitlement being sought with
the application. See article 41 of this chapter for required submittal materials.
Agreed.
1. Conformance to and consistency with the city's adopted growth policy.
This project will move a local business to a North 7th location that has been vacant for
years which is consistent with the city’s policy for growth in the North 7th corridor.
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2. Conformance to this chapter, including the cessation of any current violations;
This project is in conformance to this chapter.
3. Conformance with all other applicable laws, ordinances and regulations;
To our knowledge this project is in conformance with all other applicable laws,
ordinances, and regulations.
4. Relationship of plan elements to conditions both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site
and the adjacent neighborhoods and other approved development relative
to architectural design, building mass and height, neighborhood identity,
landscaping, historical character, orientation of buildings on the site and
visual integration;
b. Design and arrangement of the elements of the plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are integrated
with the organizational scheme of the community, neighborhood, and other
approved development and produce an efficient, functionally organized and
cohesive development;
c. Design and arrangement of elements of the plan (e.g., buildings circulation,
open space and landscaping, etc.) in harmony with the existing natural
topography, natural water bodies and water courses, existing vegetation,
and to contribute to the overall aesthetic quality of the site configuration;
and
d. If the proposed project is located within a locally designated historical
district, or includes a locally designated landmark structure, the project is in
conformance with the provisions of article 16 of this chapter;
There is no proposed change to the exterior of the building.
4. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
Existing and anticipated traffic and parking conditions are expected to decrease from
when the building was used as a grocery store.
6. Pedestrian and vehicular ingress, egress and circulation, including:
a. Design of the pedestrian and vehicular circulation systems to assure that
pedestrians and vehicles can move safely and easily both within the site and
between properties and activities within the neighborhood area;
b. Non-automotive transportation and circulation systems design features to
enhance convenience and safety across parking lots and streets, including,
but not limited to, paving patterns, grade differences, landscaping and
lighting;
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UNIVERSAL ATHLETIC SERVICES NORTH 7TH BUILDING REUSE MAY 14, 2014
CONDITIONAL USE PERMIT (CUP) SUBMITTAL CITY OF BOZEMAN, MONTANA
c. Adequate connection and integration of the pedestrian and vehicular
transportation systems to the systems in adjacent developments and general
community; and
d. Dedication of right-of-way or easements necessary for streets and similar
transportation facilities;
No additional site design is planned at this time, but will be addressed in the COA.
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;
No additional landscaping is planned at this time and will be addressed in the COA.
8. Open space, including:
a. The enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural
wildlife feeding areas;
c. If the development is adjacent to an existing or approved public park or
public open space area, have provisions been made in the plan to avoid
interfering with public access to and use of that area;
d. Is any provided recreational area suitably located and accessible to the
residential units it is intended to serve and is adequate screening provided to
ensure privacy and quiet for neighboring residential uses;
e. Open space shall be provided in accordance with article 27 of this chapter;
f. Park land shall be provided in accordance with article 27 of this chapter;
No additional open space will be provided at this time.
10. Building location and height;
There is no proposed change to the existing building location or height.
11. Setbacks;
There are no proposed changes to setbacks.
12. Lighting;
There are no proposed changes to lighting at this time. Compliant wall mount
fixtures will be addressed with the COA.
13. Provisions for utilities, including efficient public services and facilities;
There are no changes to utilities.
14. Site surface drainage and stormwater control;
There are no changes to site surface drainage and stormwater control.
15. Loading and unloading areas;
There are no changes to loading and unloading areas.
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UNIVERSAL ATHLETIC SERVICES NORTH 7TH BUILDING REUSE MAY 14, 2014
CONDITIONAL USE PERMIT (CUP) SUBMITTAL CITY OF BOZEMAN, MONTANA
16. Grading;
There are no changes to grading.
17. Signage;
There are no changes to signage, though a new signage plan will be proposed with
the COA.
17. Screening;
Refuse collection screening will be provided. Any additional screening considerations
will be addressed with the COA.
18. Overlay district provisions;
There are no overlay district provisions for this project.
19. Other related matters, including relevant comment from affected parties; and
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirements of this chapter, 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; or
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.
21. Compliance with article 8 of chapter 10 of this Code;
22. Phasing of development.
B. If the review authority, after recommendation from the applicable advisory bodies shall
determine that the proposed plan will not be detrimental to the health, safety or welfare of
the community, is in compliance with the requirements of this chapter and is in harmony with
the purposes and intent of this chapter and the Bozeman growth policy, approval shall be
granted, and such conditions and safeguards may be imposed as deemed necessary. Notice of
action shall be given in writing.
C. Plan approval may be denied upon a determination that the conditions required for approval
do not exist. Persons objecting to the recommendations of review bodies carry the burden of
proof. A denial of approval shall be in writing.
D. Following approval of a master site plan, the applicant shall submit to the planning
department, sequential individual site plans for specific areas within the master site plan. Each
subsequent application for a site plan shall be consistent with the approved master site plan
and subject to the review criteria set forth in subsection A above. Evidence that the review
criteria have been met through the master site plan review process may be incorporated by
reference in order to eliminate duplication of review.
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UPDNDNDNUPDNDNDNUPUPDNUPDNNORTH 7TH AVEOAK STW TAMARACK STOFFICE6,300 SFLIGHTMANUFACTURING12,000 SFRETAIL10,000 SFWAREHOUSE17,500 SF25'-0"26'-0"164'-0"29'-0"30'-0"30'-0"30'-0"30'-0"EXIST. TREES, TYP.EXIST. SIGNEXIST. TRANSIT STOPEXIST. LANDSCAPE BED(6) EXIST. LIGHT POLESEXISTING LEASE SPACE TO REMAIN42'-0"232'-0"48'-0"232'-0"24'-0"WEST TAMARACK STNORTH 7TH AVENUENORTH 5TH AVENUE13 SPACES30 SPACES28 SPACES30 SPACES30 SPACES14 SPACES19 SPACES8 SPACESPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE2% MAX. SLOPEVAN8'-0"26'-0"14 BIKE SPACES19'-0"DUMPSTER2% MAX. SLOPE8'-6"EXISTING WASTE LINEEXISTING WASTE LINEEXISTING WASTE LINEMAIN ELECTRICAL SERVICE10'-0"10'-0"25'-8"10'-0"8'-0"WATER SERVICE2 1 '-9 31 /32"SEE ADA DETAILs ONSHEET G102SEE DUMPSTER DETAILS ONSHEET G102SEE BIKE RACK DETAILS ONSHEET G10254'-1"114'-3 3/8"114'-3 3/8"90'-2 1/16"99'-7 13/32"65'-2"105'-4 1/16"105'-1"170'-5 3/4"32'-6 1/4"16'-5 9/16"89'-5 1/4"232'-5"232'-4 5/16"232'-0"18'-8"71'-10 11/32"14'-10 21/32"15'-4 9/32"6'-0"8"8'-8 9/32"10'-11 7/8"11'-7 7/8"DUMPSTERNOTE: PLAN SHOWS PRELIMINARYAREA LOCATIONSACCESSIBLEAISLEACCESSIBLEAISLE10'-0"1' CONTOURS, TYPENTRYWAY CORRIDORBOUNDARYINGRESS/EGRESSINGRESS/EGRESS, TYPTRAFIC FLOW, TYPB2 ZONINGR4 ZONINGWEST ELEVATIONSOUTH ELEVATIONEAST ELEVATIONNORTH ELEVATIONRCHECKED BY:CTA #DATE:DRAWN BY:SHEETCOPYRIGHT 2014CTA INC.ALL RIGHTS RESERVED\\ys030\Users_Folders\maximilliananthon\Documents\UATHarch_Cntrl14_maximilliananthon.rvtAuthorCheckerProject NumberGENERALINFORMATIONG101Bozeman, MTUniversal Athletics Services912 N 7th Ave05/14/2014Conditional UsePermit 04/16/2014REVISIONSNOT TO SCALEG1011LOCATION MAP 1" = 30'-0"G1013SITE PLANNORTH REFNOT TO SCALEG1012SITE INFORMATIONNOT TO SCALEG1014EXISTING ELEVATIONSB-2R-4114
15/8"1'-71/4"3'-07/8"HS STEEL TUBECIRCULAR BOTTOM PLATE WITH HOLES FORBOLT OR FASTENERSBOLT OR FASTENERSCONCRETE FINISH GRADENOTE:1. BIKE RACK TO BE MBR502 AS MANUFACTURED BY MAGLIN SITE FURNITURE,WWW.MAGLIN.COM, OR EQUAL. FINISH TO BE SELECTED BY LANDSCAPE ARCHITECT FROMMANUFACTURER'S FULL RANGE.2. INSTALL AS PER MANUFACTURER'S RECOMMENDATIONS.1'-6" 1'-6"2'-0"7'-0"MIN. BIKE PARKINGSPACE (CONCRETE)BIKE RACK ELEVATIONBIKE RACKNOTE:1. PAVEMENT FOR BIKE PARKING SPACE TO BE 2.0%.12L201NOTES:1. PROVIDE EXPANSION JOINTS AT 20' O/C2. PROVIDE 3" CLEAR MINIMUM ON ALLREBAR2'-0"3'-0"10"6'-2"COMPACT SOIL MINIMUM 95%12" DEEP UNDER FOOTING(3) #5 - CONTINUOUSCONC. STEM WALL W/#5 VERT. @ 16" O.C.#4 HORIZ. @ 12" O.C.EACH FACE OF WALLCONCRETE PAVEMENT, WHEREAPPLICABLE, SEE CIVIL DETAILCONCRETE CORE3"MIN.EXPANSION JOINT WITHSEALANT (TYP.)FINISH GRADE8" x 16" x 16" SPLIT-FACE CMU BLOCK,MATCH ARCH.8" x 16" x 2" SPLIT-FACE CMU CAP,MATCH ARCH.#5 REBAR CONTINUOUS FULLHEIGHT OF CMU AT 16" O.C.#5 REBAR 16" O.C. IN CMU WALL-VERTICAL. DOUBLE VERTICALBARS AT ALL ENDS AND CORNERS.GROUT SOLID ALL CELLS.#5 REBAR HORIZONTAL#5 REBAR HORIZONTAL5'-6" TYP.6"1'-6"2% SLOPEREINFORCEDCONCRETE ,EE CIVIL1. SEE CIVIL FOR CONCRETE PAVEMENT MATERIAL AND JOINT WORK.2. PROVIDE SHOP DRAWINGS OF LAYOUT, CONNECTIONS, AND MATERIAL FOR APPROVAL11'-0" OPENING8"9'-9" INSIDE(2) 6" DIA. CONCRETEFILLED BOLLARDS,SEE CIVIL11'-0"GATE CLEAR OPENINGDUMPSTERWALL2"2"25_8"3"X3" SQ.POST TUBING11/16"HOLE1/2"X2" FLATHINGE TABSWELD1"2L2015L201101/2"9"61/2" 61/2"5'-2"6'-0" TYP.3'-0"FRAME TO BE 1 1/2" SQ.STEEL TUBING. SHOPWELD ALL JOINTSGRADE1x9 STEEL SIDING ON STEELFRAME, SIM. TO ARCH5/8" ADJUSTABLEHINGE (TYP. 4)3"(2) 24" LONG 3/8"RODS. DRILL HOLEIN CONCRETE TOLOCK GATES INOPEN AND CLOSEDPOSITIONDIMENSION MAYVARY FOR SOLIDCONNECTIONSNOTES:1. PAINT ALL METAL COMPONENTS TO MATCH STL SIDING.2. GATES TO SWING OPEN 180 DEGREES.3. PROVIDE MEANS FOR GATES TO MAINTAIN OPEN POSITIONDURING USE.GATEFRAME5/8" DIA.ADJ. HINGEHINGETAB3"X3" POST6"3'-0"DUMPSTER WALLDL201CL201GREENBORDERGREENLETTERSBLUE W/ WHITEHANDICAP SYMBOLPER ANSI 4.28WHITEBACKGROUNDGREENARROWGREENLETTERSWHITEBACKGROUNDBLUEBACKGROUNDWHITELETTERS12"18"6"6"60"RESERVEDPARKINGWITHOUT PERMIT$100 FINEVANACCESSIBLE'R7-8''R7-8b'FINISHED GRADE1.5'18'6'MIN.6'MIN.0.5"7.0"FINISHED ASPHALTSURFACE TO BE1/8" TO 1/4" ABOVEGUTTER LIP3" CRUSHEDBASE COURSECOMPACTED12"FINISHEDGRADE2" DIA. GALV. STEEL PIPEIN PIPE SLEEVE18" DIA. CONCRETEBASESONOTUBE FORMOR EQUIV.GRANULARFILL36"WELD TO SLEEVE1"X1" CHAMFER18"SEE PLAN FOR SIGNIDENTIFICATION60"ACCESSIBILITYSYMBOL4" SOLID WHITE, NONSLIP, STRIPES INLOADING AREAS (TYP.)4" SOLID WHITE,NON SLIP, STRIPE,USE THROUGHOUTPARKING LOT (TYP.)WHEEL STOP2 2 .0 '10.0' MIN.8' @ VAN2.0 '60°'RCHECKED BY:CTA #DATE:DRAWN BY:SHEETCOPYRIGHT 2014CTA INC.ALL RIGHTS RESERVED\\ys030\Users_Folders\maximilliananthon\Documents\UATHarch_Cntrl14_maximilliananthon.rvtAuthorCheckerProject NumberENLARGEDPLANS ANDDETAILSG102Bozeman, MTUniversal Athletics Services912 N 7th Ave05/14/2014Conditional UsePermit 04/16/2014REVISIONS 3/4" = 1'-0"G1025BIKE RACK DETAIL 3/4" = 1'-0"G1026BIKE SPACE 1" = 1'-0"G1027DUMPSTER WALL 3/8" = 1'-0"G1029DUMPSTER PLAN 3/8" = 1'-0"G1028DUMPSTER GATENOT TO SCALEG1023ADA SIGNAGENOT TO SCALEG1021LAYDOWN CURB DETAILNOT TO SCALEG1024SIGN POST DETAILNOT TO SCALEG1022ADA ANGLED PARKING STRIPING115