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HomeMy WebLinkAboutA 3 Dee o GeePage 1 of 21 Z14142, Staff Report for the Dee-O-Gee Dog Day Care Conditional Use Permit Date: City Commission public hearing is on July 21, 2014 Project Description: Dee-O-Gee Dog Day Care Conditional Use Permit to allow a major modification to the Stoneridge Square Planned Unit Development (PUD) to add dog day care services to the permitted uses for B-1 (Neighborhood Business District) within the PUD. The applicant proposes the Dee-O-Gee day care services for 15-20 dogs at a time with no outdoor services and no overnight boarding. No exterior modification to the building is proposed. The new use will be in addition to an existing, permitted retail and pet grooming business. The property is zoned B-1, Neighborhood Business District, Application Z14142. Project Location: The property is located at 2051 Oak Street, Suite #4 within Stoneridge Square. The closest intersection is North 19th Avenue and West Oak Street and is legally described as the Stoneridge Square Subdivision, S02, T02 S, R05 E, Lot 6A, plus common open space plan J-446A, 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 Z14142 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Report Date: Monday, July 7, 2014 Staff Contacts: Heather deBethizy Davis, Associate Planner 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 The Director of Community Development, per Section 38.07.050 BMC, has determined the appropriate classification of the dog day care use as most like or similar to the Veterinary Clinic use which is listed in the table of Authorized Uses in the City’s Commercial Districts. The Veterinary Clinic use is a conditional use in the B-2, Community Business District. In the B-1, Neighborhood Business District Veterinary Clinic is not listed as an allowed or conditional use. Through the PUD process an applicant may ask for relaxations from numerical zoning standards such as signage area or setbacks, but may also ask for use relaxations to allow uses in zones 308 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 2 of 21 where they may not be allowed in the Authorized Use tables. This Conditional Use Permit (CUP) application is to allow a major modification to the Stoneridge Square Planned Unit Development (PUD) to add dog day care services to the permitted uses for B-1 (Neighborhood Business District) within the PUD. The applicant proposes the Dee-O-Gee day care services for 15-20 dogs at a time with no outdoor services and no overnight boarding. The day care service is proposed within the “inline buildings” of the PUD. The new use will be in addition to an existing, permitted retail and pet grooming business allowed within B-1. The business as a whole will occupy 4,300 square feet of the commercial building, 1,100 square devoted to the dog day care. No exterior modifications to the building are proposed. The Stoneridge Square PUD was approved in 2005. At that time the applicant received a deviation to construct two approximately 14,000 square foot “inline” buildings in the B-1 zoned portion of the PUD. As part of this request the Commission urged the applicant to construct the building in a pedestrian friendly outdoor “main street” configuration. The final PUD plan included two “inline” buildings that face each other across a drive aisle that includes diagonal parking. This area includes wide sidewalks and street trees in tree pits with pedestrian scale lighting and seating. Dee-O-Gee has submitted tenant improvement plans for the construction of their retail and grooming space within the “inline” building of Stoneridge Square PUD. This proposal would allow for the Dee-O-Gee business to expand its retail and grooming to include dog day care. The Development Review Committee (DRC), at their June 11, 2014 meeting, voted unanimously to recommend approval of the application with the conditions identified in this report. The Design Review Board (DRB), at their June 25, 2014 meeting, voted unanimously to recommend approval of the application. One public comment letter in support has been received to date. 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; or 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. 309 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 3 of 21 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 MAP 2: ZONING MAP ............................................................................................................ 5 MAP 3: FUTURE LAND USE MAP ....................................................................................... 6 SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 9 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 9 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9 SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 10 Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 10 Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 13 Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC ..... 15 Bozeman Entryway Corridor Overlay District Review Criteria ....................................... 17 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 18 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 19 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 20 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 21 FISCAL EFFECTS ................................................................................................................. 21 ATTACHMENTS ................................................................................................................... 21 310 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 4 of 21 SECTION 1 - MAP SERIES MAP 1: 2012 AERIAL PHOTO REI Sportsmen’s World Market 311 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 5 of 21 MAP 2: ZONING MAP Surrounding Zoning and Land Uses: North: Zoned B-2 (Community Business District); Use: Commercial South: (Across W. Oak Street) Zoned B-1 & R-O; Use: Commercial and Professional East: (Across N. 19th Avenue) Zoned B-2; Use: Commercial West: Zoned R-3; Use: Multi-Household Residential and parkland 312 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 6 of 21 MAP 3: FUTURE LAND USE MAP 313 Z14142, Staff Report for the Dee-O O-Gee Dog Day Care CUP Page Site Plan Future Dee-O Page 7 of 21 O-Gee Location 314 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 8 of 21 Proposed Dog Day Care location Retail and Grooming Biankinis Sweet & Salty Cold Smoke 315 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 9 of 21 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. 2. The use and business operations shall be limited to the type of operation as described in the applicant’s project proposal outlined in the application. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. 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, 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. B. All signage shall comply with the Stoneridge Square PUD signage plan. Currently, no signage is proposed, but if signage is considered in the future, it will need to comply with the PUD signage plan. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Dee-O-Gee Dog Day Care Conditional Use Permit File: Z14142 The DRC reviewed the application on May 21, 28 and June 4, 2014 and recommends conditional approval. 316 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 10 of 21 The DRB reviewed the application on June 25, 2014 and voted unanimously to recommend approval of the application. The DRB committee members did voice concern that the location of the project was inappropriate due to its proximity to eateries and the general tight parking at the dog drop-off/pick-up location. They questioned the dog drop-off/pick-up parking location and the management of dog waste between the parking area and the business. These issues are addressed within the staff report in Appendix B. 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 The development proposal is in conformance with the Bozeman Community Plan, including the Community Commercial Mixed Use land use classification identified for this property in the City’s adopted Growth Policy (Map 3: Future Land Use Map). A broad range of functions can be found within this land use classification, including retail, education, professional and personal service. 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. No significant changes are proposed to the site with this application. 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. 3. Conformance with all other applicable laws, ordinances, and regulations No known non-conformities or violation exist currently. All other applicable laws, ordinances, and regulations must be followed. A building permit is required for all improvements. 4. Relationship of site plan elements to conditions both on and off the property No changes to the existing site conditions are proposed. Generally, the B-1 area of the PUD is capable of accommodating a dog day care service. This use can be accommodated with 317 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 11 of 21 the basic infrastructure that exists on site, including existing parking, access, and pedestrian facilities. The proposed dog day care project is entirely indoors and is not envisioned to impact the existing site or surrounding properties. The Stoneridge Square PUD envisioned personal services for the “inline” buildings and the infrastructure was built to serve those uses. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The Stoneridge Square PUD was approved with an overall parking and circulation plan. There are no changes to that plan proposed with this application. The parking calculation completed for the overall PUD was based upon the “inline” retail buildings as retail uses. Retail uses are required to provide one parking space per 300 square feet of area. The addition in use to B-1 to allow Dog Day Care within the PUD is equal or less intense from a parking and traffic/trip generation standpoint than other uses allowed with the B-1 zoning designation. Due to the temporary nature of the parking related to the business (drop-off and pick-up), as well as the limited number of employees (1-2 daycare attendants), the existing on-site parking spaces are expected to accommodate the proposed use. The majority of neighboring businesses, including Biankini’s, Buffalo Wild Wings, and Sweet and Salty open at 11am. Coldsmoke coffee opens at 7am. The peak drop-off hours for dog day care are expected to be between 8-9am. In case of congestion in the front access of the building, a second entrance is available in the rear of the building, allowing for additional parking spaces to be utilized. A total of 655 parking spaces are provided within Stoneridge Square. Ninety four parking spaces were originally allotted to the two inline buildings based upon the retail parking requirements. Stoneridge Square includes a reciprocal parking and access easement over the entire PUD. This shared parking configuration should provide more than adequate parking for the dog day care use. Stoneridge Square includes excellent pedestrian connections across the entire PUD that will provide safe access to parking areas. 6. Pedestrian and vehicular ingress and egress Pedestrian ingress and egress will be provided to the site by sidewalks along the interior drive aisles and throughout the Stoneridge PUD. Vehicular access will be from the existing driveways and circulation within Stoneridge Square. The closest drive access is just south of the building along W. Oak Street. 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 proposed. 8. Open space None required. 318 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 12 of 21 9. Building location and height There are no proposed changes to the existing building location and height. 10. Setbacks The applicant is not proposing any exterior building modifications, therefore, no alterations are proposed that would impact setbacks. 11. Lighting There are no lighting changes proposed at this time. 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 No changes to the site are proposed. 15. Grading No grading changes are proposed. 16. Signage No specific signage was detailed or requested as part of this CUP application. All new signage shall require a sign permit. All signage must conform to the Stoneridge Square comprehensive signage plan. 17. Screening No exterior modifications to the site are proposed. 18. Overlay district provisions The subject property is located within the Entryway Corridor Overlay District. Since there are no exterior modifications to the exterior of the building, no Certificate of Appropriateness (COA) is required. See Bozeman Entryway Corridor Overlay District Review Criteria. 19. Other related matters, including relevant comment from affected parties As of the writing of this report, one public comment, in support, has been received in response to the noticing of this project. Public comment is open through the City Commission public hearing for the project on July 21, 2014. 319 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 13 of 21 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. Not applicable. 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 site is planned for neighborhood business uses. There is adequate parking and pedestrian circulation to parking areas within the Stoneridge Square PUD to accommodate this use. Staff incorporates the plan review findings presented above in Section 38.19.100 as supporting evidence. 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 received one public comment letter in support as of the writing of this report. 320 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 14 of 21 Following review of the proposed application 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 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 321 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 15 of 21 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. Not applicable. Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC 1. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a. All development. All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "all development" group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? The development complies with all city design standards, requirements and specifications. The DRC did not identify any concerns with the proposed use. (2) Does the project preserve or replace existing natural vegetation? No exterior modifications are proposed at this time. (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? The project does not modify the existing site plan of the PUD. (4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? The project does not modify the existing site plan of the PUD. (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? The project does not modify the existing site plan of the PUD. (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park 322 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 16 of 21 land or open space been provided for each proposed dwelling as required by section 38.27.020. The project does not modify the existing site plan of the PUD. (7) Performance. All PUDs shall earn at least 20 performance points. The Stoneridge Square PUD meets at least 20 performance points. The project will not modify or change the performance points for the PUD. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? The project does not modify the existing site plan of the PUD. Pedestrian ingress and egress is provided to the site by sidewalks along the interior drive aisles and throughout the Stoneridge Square PUD. Vehicular access will be from the existing driveways and circulation within Stoneridge Square. The closest drive access is just south of the building along W. Oak Street. Stoneridge Square is well situated with excellent pedestrian connections to west side neighborhoods. There are good to excellent pedestrian and bicycle connections to the site. North 19th Avenue is serviced by Streamline Transit. The existing building is a “main street” style building with individual tenant spaces. The building architecture reduces the bulk and scale of the building itself. c. Commercial. Planned unit developments in commercial areas (B-1, B-2, B-3 and UMU zoning districts) may include either commercial or multi-household development, however adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the city area. (1) If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? Not applicable. (2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided? The project does not modify the existing site plan of the PUD. (3) Is the project on at least two acres of land? There is no modification to the PUD parcel. (4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location 323 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 17 of 21 within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? The proposed dog day care 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. The Stoneridge Square PUD envisioned B-1 uses, including personal services, for the “inline” buildings and the infrastructure was built to serve those uses. (5) Is it compatible with and does it reflect the unique character of the surrounding area? No changes to the existing site conditions are proposed. The area is wholly surrounded by commercial uses. (6) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? The project does not modify the existing site plan of the PUD. Pedestrian ingress and egress is provided to the site by sidewalks along the interior drive aisles and throughout the Stoneridge Square PUD. Vehicular access will be from the existing driveways and circulation within Stoneridge Square. The closest drive access is just south of the building along W. Oak Street. Stoneridge Square is well situated with excellent pedestrian connections to west side neighborhoods. There are good to excellent pedestrian and bicycle connections to the site. N. 19th Avenue is serviced by Streamline Transit. The existing building is a “main street” style building with individual tenant spaces. (7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? The project is to allow an additional use within the B-1 zoning of the PUD. This encourages the use of existing commercial buildings. (8) Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development? No applicable for this project; however, it is adjacent to a trail system and park. Bozeman Entryway Corridor Overlay District Review Criteria Applicable Design Objectives, Section 38.17 BMC The property under consideration is located within the boundaries of the Entryway Corridor Overlay District, specifically the North 19th Avenue and Oak Street corridor. In accordance with the provisions of Sec.38.17.030.A, this property falls under Class I which includes all development wholly or partially within the 660 feet of the centerline of Nineteenth Avenue and under Class II which includes development wholly or partially within the lesser of one city block or 330 feet of the centerline of Oak Street. 324 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 18 of 21 Administrative Design Review staff has reviewed the submitted application against the Bozeman Design Objectives Plan dated February 14, 2005, and finds the plan in general compliance. The majority of the Design Objectives guidelines related to site and neighborhood layout were addressed with the original PUD. As the project proposes no exterior modifications, the proposed project is in compliance. ADR staff has reviewed the proposal for conformance with the Bozeman Design Guidelines for Entryway Corridors. Since there are no proposed exterior modifications to the building or to the site plan, staff finds the proposal in general conformance with the 2005 Bozeman Design Guidelines for Entryway Corridors. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned B-1 (Neighborhood Business District). The intent of the B-1 district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential uses. Development scale and pedestrian orientation are important elements of this district. Adopted Growth Policy Designation: Community Commercial Mixed Use: 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 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 325 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 19 of 21 one mile radius. Smaller Community Commercial areas are usually in the 1015 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 The Director of Community Development, per Section 38.07.050 BMC, has determined the appropriate classification of the dog day care use as most like or similar to the Veterinary Clinic use which is listed in the table of Authorized Uses in the City’s Commercial Districts. The Veterinary Clinic use is a conditional use in the B-2, Community Business District. In the B-1, Neighborhood Business District Veterinary Clinic is not listed as an allowed or conditional use. Through the PUD process an applicant may ask for relaxations from numerical zoning standards such as signage area or setbacks, but may also ask for use relaxations to allow uses in zones where they may not be allowed in the Authorized Use tables. This Conditional Use Permit (CUP) application is to allow a major modification to the Stoneridge Square Planned Unit Development (PUD) to add dog day care services to the permitted uses for B-1 (Neighborhood Business District) within the PUD. The applicant proposes the Dee-O-Gee day care services for 15-20 dogs at a time with no outdoor services and no overnight boarding. The day care service is proposed within the “inline buildings” of the PUD. The new use will be in addition to an existing, permitted retail and pet grooming business allowed within B-1. The business as a whole will occupy 4,300 square feet of the commercial building, 1,100 square devoted to the dog day care. No exterior modifications to the building are proposed. As described in the application, hours of operation will be between 8am to 8pm and 15-20 dogs with Dee-O-Gee hands-on staffed daycare attendant 100% of the time. There will be no outdoor services offered. Sound: The “dog park” room will be lined with acoustical panels on the walls and hanging sound baffles from the ceiling to mitigate dog barking noise. The applicant is required by their landlord to have an additional sound proofing wall built around the dog park to prevent sound from passing through to adjacent tenants. 326 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 20 of 21 Dog waste: A dog daycare client will act similarly to a dog grooming client . They will drop their dog off and pick it up a few hours later. The dog will accompany the owner to and from the vehicle. The dog waste that occurs while the dog is inside the Dee-O-Gee dog park will be disposed of by the Dee-O-Gee onsite daycare attendant. The Stoneridge Square PUD was approved for this property in 2005. At that time the applicant received a deviation to construct two approximately 14,000 square foot “inline” buildings in the B-1 zoned portion of the PUD. As part of this request the Commission urged the applicant to construct the building in a pedestrian friendly outdoor “main street” configuration. The final PUD plan included two “inline” buildings that face each other across a drive aisle that includes diagonal parking. This area includes wide sidewalks and street trees in tree pits with pedestrian scale lighting and seating. Dee-O-Gee is currently in building plan review for the construction of their retail and grooming space within the “inline” building of Stoneridge Square PUD. This proposal would allow for the Dee-O-Gee business to expand its retail and grooming to include dog day care. The Stoneridge Square PUD was approved with an overall parking and circulation plan. There are no changes to that plan proposed with this application. The parking calculation completed for the overall PUD was based upon the “inline” retail buildings as retail uses. Retail uses are required to provide one parking space per 300 square feet of area. The addition in use to B-1 to allow Dog Day Care within the PUD is equal or less intense from a parking and traffic/trip generation standpoint than other uses allowed with the B-1 zoning designation. Due to the temporary nature of the parking related to the business (drop-off and pick-up), as well as the limited number of employees (1-2 daycare attendants), the existing on-site parking spaces are expected to accommodate the proposed use. The majority of neighboring businesses, including Biankini’s, Buffalo Wild Wings, and Sweet and Salty open at 11am. Coldsmoke coffee opens at 7am. The peak drop-off hours for dog day care are expected to be between 8-9am. In case of congestion in the front access of the building, a second entrance is available in the rear of the building, allowing for additional parking spaces to be utilized. A total of 655 parking spaces are provided within Stoneridge Square. Ninety four parking spaces were originally allotted to the two inline buildings based upon the retail parking requirements. Stoneridge Square includes a reciprocal parking and access easement over the entire PUD. This shared parking configuration should provide more than adequate parking for the dog day care use. Stoneridge Square includes excellent pedestrian connections across the entire PUD that will provide safe access to parking areas. Dog day care facilities similar to pet grooming or veterinarian clinics do not require a license from the City of Bozeman Animal Control department. 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. One public comment letter in support has been received to date. Public comment is open through the public hearing for the project on July 21, 2014. 327 Z14142, Staff Report for the Dee-O-Gee Dog Day Care CUP Page 21 of 21 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Stoneridge Partners, 855 Broad Street, Suite 300, Boise, ID 83702 Applicant: Josh Allen Dee-O-Gee, 801 W Main 1A, Bozeman, MT 59715 Report By: Heather deBethizy Davis, Associate 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. 1. Applicant’s submittal materials 2. Comment Letter 328 !!! 406.551.2364 | www.dee-o-gee.com | 801 W. Main 1A | Bozeman, MT May 6, 2014 ! Bozeman City Commission City Hall 121 N. Rouse Bozeman, MT 59715 ! Dear Bozeman City Commissioners, It is with great excitement, that my wife Holly and I ask you to consider a conditional use permit (CUP) for Dee-O-Gee. We have been in business at 801 W. Main in Bozeman for the past 6 years, serving locals (and, their dogs) with unique products and high-quality customer service. Our business has grown and we are in the process of relocating and expanding our original Dee-O-Gee location (8th & Main) to the Stoneridge Center at Oak & 19th in Bozeman. As part of that expansion, we plan to offer a daycare service for dogs. This service is not currently offered in Bozeman city limits and it is the #1 thing we refer people out of our doors for. Our customers (and, Americans in general) continue to treat our pets more and more like family members. This includes dropping them off to be “watched” at daycare facilities while the pet parent is at work or school or recreating. This use is not specifically defined in the City of Bozeman codes and we are proposing a CUP for an approximate 1100 sq ft dog daycare space, as part of our expanded Dee-O-Gee in the Stoneridge Center at Oak & 19th. As described below, we are proposing to offer dog daycare services during normal business hours of 8am to 8pm. There will not be overnight boarding offered. The addition of the dog daycare at Dee-O-Gee would allow us to add at least 1 full time and 2 part time jobs to our business. Approx. size: 1100 sq ft (see attached floor plans) Hours of operation: 8am to 8pm Typical use: 15-20 dogs with Dee-O-Gee hands-on staffed daycare attendant 100% of the time. There will be no outdoor services offered.
 pg 1 329 !!! 406.551.2364 | www.dee-o-gee.com | 801 W. Main 1A | Bozeman, MT Sound: the “dog park” room will be lined with acoustical panels on the walls and hanging sound baffles from the ceiling to mitigate dog barking noise. Also, we are required by our landlord to have an additional sound proofing wall built around the dog park to prevent sound from passing through to adjacent tenants. Dog waste: a dog daycare client will act similarly to a dog grooming client (which is an approved use for this space). They will drop their dog off and pick it up a few hours later. The dog will accompany the owner to and from the vehicle. The dog waste that occurs while the dog is inside the Dee-O-Gee dog park will be disposed of by the Dee-O-Gee on- site daycare attendant. This CUP is for an indoor use only. Nothing on the exterior of the building will be modified. The language in the CUP speaking to exterior changes and improvements is not applicable, as all of those things have been approved in the Stoneridge Center Planned Unit Development documents. I kindly ask you to approve a CUP for an indoor dog daycare facility operated by Dee-O- Gee at the Stoneridge Center at Oak & 19th in Bozeman, thereby allowing us to expand our business, add jobs, and fill a need that is currently not served in Bozeman. ! Respectfully, ! Josh Allen Owner, Dee-O-Gee pg 2 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344