HomeMy WebLinkAboutA2. Gallatin V YMCA Site Plan CUPGallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 1 of 23
Staff Report for the Gallatin Valley YMCA Site Plan and Community Use
Permit Application, No. 15445
Date: City Commission Public Hearing November 9, 2015
Project Description: A combined Site Plan and Conditional Use Permit application
requesting the construction of a new 20,648 square foot community center building, for the
Gallatin Valley YMCA, with affiliated surface parking, landscaping and athletic field
improvements on vacant property located west of the Vaquero Parkway and Tschache Lane
intersection, immediately adjacent (and portions within) the Gallatin Regional Park and
south of Baxter Lane. The CUP is required for the establishment because community center
is a conditional use in the R-3 (Residential Medium Density) zoning district.
Project Location: The property is located within the R-3 (Residential Medium Density) and
PLI (Public Lands Institute) zoning districts and is legally described as Lot 4 of Minor
Subdivision 400, a parcel of land being a portion of Tract 4A-1 of Certificate of Survey
2202B, located within the NE1/4 of Section 3, T2S, R5E, City of Bozeman, Gallatin
County, Montana and further a 3.611 acre area of the Gallatin County Regional Park
covered through an easement with Gallatin County described in Document Number 2510432
in the Gallatin County Clerk and Recorder’s office.
Recommendation: Approval with conditions and code provisions.
Recommended Motion:
“Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for
application no. 15445 and move to approve the Gallatin Valley YMCA Site Plan and
Conditional Use Permit to allow the construction of a 20,648 square foot community
center building with affiliated surface parking, landscaping and athletic field
improvements, with recommended conditions and subject to all applicable code
provisions.”
Report Date: Friday, October 30, 2015
Staff Contact: Allyson Brekke, Associate Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
A combined Site Plan and Conditional Use Permit application was submitted to the Department
of Community Development requesting the construction of a new 20,648 square foot community
center building, for the Gallatin Valley YMCA, with affiliated surface parking, landscaping and
athletic field improvements on vacant property located west of the Vaquero Parkway and
103
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 2 of 23
Tschache Lane intersection, immediately adjacent (and portions within) the Gallatin Regional
Park and south of Baxter Lane.
The YMCA use falls under the BMC’s definition of “community center” which is defined as “A
building or portion of a building used for nonprofit cultural, educational, recreational, religious
or social activities which is open to the public or a designated part of the public, usually owned
and operated by a public or nonprofit group or agency.” The CUP is required for the
establishment because community center is a conditional use in the R-3 (Residential Medium
Density) zoning district.
The site under question has been considered the future home for the Gallatin Valley YMCA
for quite some time. It was shown as the dedicated YMCA site in the original Baxter
Meadows Subdivision materials.
At their October 21, 2015 meeting, the Development Review Committee meeting voted
unanimously to recommend approval of the CUP application with the recommended conditions
and code provisions identified in this report.
A more detailed zoning analysis can be found in Appendix A.
A more detailed project description can be found in Appendix B.
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 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12
SECTION 5 - STAFF ANALYSIS ......................................................................................... 13
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 13
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 19
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 21
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 21
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 22
104
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 3 of 23
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 22
FISCAL EFFECTS ................................................................................................................. 23
ATTACHMENTS ................................................................................................................... 23
105
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 4 of 23
Section 1 - map series
106
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 5 of 23
107
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 6 of 23
108
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 7 of 23
Designated
YMCA parcel
109
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 8 of 23
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are specific to the development and are in addition to any
required code provisions identified in this report.
Planning
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 applicant shall submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
Engineering
Standard General Comments
3. The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to final site plan (FSP) approval.
4. Section 38.23.180 of the Bozeman Municipal Code requires provision for water rights or
cash in lieu thereof. This provision shall be satisfied prior to FSP approval.
5. Plans and specifications for any water, sewer and/or storm sewer main extensions and Public
Streets (including curb/gutter and sidewalks) prepared by a Professional Engineer (PE) shall
be provided to and approved by the City Engineer. Water and sewer plans shall also be
approved by the Montana Department of Environmental Quality. The applicant shall provide
Professional Engineering services for construction inspection, post-construction certification
and preparation of mylar record drawings. Specific comments regarding the existing and
proposed infrastructure shall be provided at that time. Construction shall not be initiated on
the public infrastructure improvements until the plans and specifications have been approved
and a pre-construction conference has been conducted. Building permits will not be issued
prior to City acceptance of the site infrastructure improvements.
6. Prior to building permit approval, an erosion and sediment control permit shall be obtained
from the city’s Stormwater Program Coordinator. The erosion and sediment control plan
approved with the final site plan shall be utilized to obtain the erosion and sediment control
permit.
Site Specific Comments
7. The wetlands boundary depicted on the site plan drawings (Sheet C101) shall be
confirmed with the final wetland and watercourse delineation report and shall be
submitted with the final plan.
110
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 9 of 23
8. Vaquero Parkway must be fully constructed to complete access from both sides of the
proposed project prior to obtaining an occupancy permit and to provide an adequate,
connected street network to access the new YMCA. A 75-foot street easement exists for
the construction of Vaquero Parkway. The applicant is encouraged to contact the
adjacent development owner to the northeast to complete the section of Vaquero
Parkway not indicated on the proposed YMCA draft construction plans.
9. Stormwater detention is indicated off the property of the proposed project. The
applicant shall demonstrate through an agreement or through acquisition of property the
right to construct and maintain stormwater infrastructure for runoff from the new street
on Vaquero Parkway to the offsite property. Alternatively, the applicant may consider
an alternative street section using bioretention in the new street boulevards to achieve
the required detention volume. If bioretention is to be used, the applicant must contact
Shawn Kohtz at the City Engineering Department.
10. The extension of Tschache Lane west of Vaquero Parkway along the southern border of
the proposed property must be constructed to create future connectivity (Bozeman
Municipal Code 38.24.010.A.2).
11. Plans and specifications for any fire service line must be prepared in accordance with the
City’s Fire Service Line Policy by a Professional Engineer and be provided to and approved
by the City Engineer prior to initiation of construction of the fire service or fire protection
system. The applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings. Fire
service plans (and domestic services 4” or larger) shall be a standalone submittal, separate
from the FSP. Fire services shall be shown, with sizes labeled, on the FSP from main to
building and approved by the Water/Sewer Superintendent. City of Bozeman applications
for service shall be completed by the applicant.
12. The water service line is indicated as a copper 4” service. Water services 4-inches in
size and larger shall be ductile iron per the City of Bozeman Design Standards and
Specifications Policy.
13. The missing sidewalk section between Lolo Way and Baxter Lane on the west side of
Vaquero Way must be constructed for pedestrian connectivity. Section 38.24.080 of the
Bozeman Municipal Code indicates sidewalks shall be installed prior to issuance of an
occupancy permit.
14. Fire lanes shall be shown on the Final Site Plan. All necessary curbs shall be striped and
signed as “Fire Lane No Parking”. Designated fire lanes must provide adequate access for
any and all emergency vehicles and must be approved by the City of Bozeman Fire
Department.
15. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
111
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 10 of 23
a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and storm
drainage.
c. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage.
d. Street improvements to Ferguson Avenue including paving, curb/gutter, sidewalk, and
storm drainage.
e. Intersection improvements to the intersection of Davis Lane and Baxter Lane.
f. Intersection improvements to the intersection of Oak Street and Ferguson Avenue.
The document filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
16. Provide a maintenance plan for the storm drainage system.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
Planning
A. Section 38.08.050 BMC, states that the minimum yards required for the R-3 district is 15 feet
front yard, 20 feet rear yard and 5 feet side yard. Yard setbacks different than the minimum
required are called out on the preliminary plan. Please revise for the final plan
application.
B. Section 38.19.110.F BMC states that the rights 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. This is a required
final step in the CUP process. The City will provide you with the document to record.
C. Section 38.21.050.F BMC requires all mechanical equipment to be screened. Rooftop
equipment shall be incorporated into the roof form or screened in an enclosure and ground
mounted equipment shall be screened with walls, fencing or plant materials. The final site
plan shall contain a notation that “No ground mounted mechanical equipment, including, but
not limited to utilities, air exchange/conditioning units, transformers, or meters shall
encroach into the required yard setbacks and will be properly screened with an opaque solid
wall and/or adequate landscape features. All rooftop mechanical equipment shall be
incorporated into the roof form or screened in an approved rooftop enclosure. The
mechanical screening detail is not included in the application materials and must be
112
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 11 of 23
provided with the final plan application. Provide elevations and details of all ground
mounted and rooftop mechanical screening.
D. Section 38.23.100 BMC, the locations and dimensions of proposed landscape buffer strips,
including watercourse buffer zones demonstrating compliance with watercourse setback
planting plan requirements per this section must be shown on a scaled plan. A watercourse
is located just north and west of the subject property and all required setback plantings and
landscaping for the watercourse setbacks shall be shown in the final plan application.
E. Section 38.23.150.D.7.a and b BMC requires that all outdoor lighting, whether or not
required by this section, shall be aimed, located, designed, fitted and maintained so as not to
present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so
as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring
use or property and requires that all outdoor lighting fixtures shall be shielded in such a
manner that no light is emitted above a horizontal plane passing through the lowest point of
the light emitting element, so that direct light emitted above the horizontal plane is
eliminated. No light fixture cut-sheets information was submitted for the can/awning
lights. These details are required with the final plan application.
F. Section 38.23.170 BMC, for applications other than those classified as sketch plan reviews,
the applicant shall designate a temporary enclosed refuse storage area on the site plan,
including a typical detail with dimensions and type of materials, for the storage and
collection of building material debris during the construction phase of the project, and that
said debris area is shown accordingly on the final plan. For the applicant’s information.
Requirement to avoid windblown construction materials leaving the site and impacting
adjacent properties. While trash enclosure locations and front dimensions are provided, a
detail of the trash enclosure must be provided on the final plan to demonstrate that it
complies with the City Sanitation standards.
G. Section 38.26.050 BMC, all landscaping proposed must be these mandatory landscaping
provisions as described in this section. All irrigation systems and landscaped areas shall be
designed, constructed, operated and maintained so as to promote water conservation and
prevent water overflow or seepage into the street, sidewalk or parking areas.
H. Section 38.26.100 BMC, required landscaping must be maintained in a healthy, growing
condition at all times. The property owner is responsible for regular weeding, mowing of
grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. An
irrigation system design plan is included with the preliminary plan, but omits the type of
irrigation sprinkler heads. Please add to the final plan.
I. Section 38.41.130 BMC, a wetland and watercourse delineation report must be submitted to
the city for all projects if aquatic resources are present. If no aquatic resources are present, a
letter must be submitted to the city stating that there are no water resources within the subject
property. A wetland and watercourse delineation report must be submitted to the city for
all delineated wetlands depicted on the site plan drawings (Sheet C101).
CONDITIONAL USE PERMIT PROVISIONS OF THE BOZEMAN MUNICIPAL CODE
a. Section 38.19.110.F BMC states that the rights to a conditional use permit shall be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use
113
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 12 of 23
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
b. Section 38.19.110.I BMC describes the process for termination/revocation of a conditional
use permit approval:
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
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.
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.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Gallatin Valley YMCA Site Plan and CUP
Application No.: 15449
The Development Review Committee (DRC) considered the Site Plan and Conditional Use
Permit application for the Gallatin Valley YMCA community center building and affiliated
surface parking, landscaping and athletic fields at the property located west of the Vaquero
Parkway and Tschache Lane intersection, south of Baxter Lane. The DRC found that the project
with conditions and/or code provisions complies with the requirements of Chapter 38 of the
Bozeman Municipal Code and should not be detrimental to the health, safety and welfare of the
community. The DRC recommended conditional approval at their October 21, 2015 public
meeting.
The City Commission is scheduled to hold a public hearing and review the application at their
November 9, 2015 meeting.
114
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 13 of 23
SECTION 5 - STAFF ANALYSIS
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.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy;
The proposed application as conditioned is in compliance with this criterion. The Future Land
Use designation is “Parks, Open Space, and Recreational Lands” in the Bozeman Community
Plan. All publicly owned recreational lands, including parks, are included within this category,
as well as certain private lands. These areas are generally open in character and may or may not
be developed for active recreational purposes. This category includes conservation easements
which may not be open for public use. No conflicts with the goals and objectives of the
Bozeman Community Plan have been identified.
For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations;
The application will conform to Bozeman Municipal Code (BMC) Chapter 38 “Unified
Development Ordinance.” There are no known documented violations with the BMC for the
property.
3. Conformance with all other applicable laws, ordinances, and regulations;
A note on the plat of Minor Subdivision No. 400 stated the following: “Therefore, be advised,
that Building Permits will not be issued for Lots 1, 2, 3 & 4 of Minor Subdivision No. 400, City
of Bozeman, Gallatin County, Montana until all required on and off-site improvements area
completed and accepted by the City of Bozeman. No building or structure requiring water or
sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs
with the land and is revocable only by further subdivision or the written consent of the City of
Bozeman.” The minor subdivision was platted in 2007 and this type of note was typical at that
time. The final approval of this Site Plan and Conditional Use Permit application will be
considered the “written consent of the City of Bozeman”
Following final plan approval, the plans will be further evaluated against the requirements of the
International Building Code. Conditions of approval address coordination with other regulating
agencies.
4. Relationship of site plan elements to conditions both on and off the property;
The proposed community center building is a two-story building located relatively in the middle
of the subject property and is oriented northeast-southwest with the front entrance facing the
Vaquero Parkway right-of-way line. The building is a creative mixture of both flat and gable
roof forms. Surface parking is provided north of the building and will have the capacity of 88
parking spaces. The number of parking spaces supplied is less than 125% of the minimum 85
115
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 14 of 23
parking spaces required, and therefore is permissible by the Unified Development Code. Bike
parking is proposed in close proximity to the building’s front entrance
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
The Engineering conditions address several items relative to the impact of the proposal on the
existing and anticipated traffic conditions, specifically conditions no. 8, 10 and 13.
Vaquero Parkway Extension
The proposed YMCA project will be located on a property adjacent to the proposed route
for Vaquero Parkway. Currently, there is a missing segment of road along Vaquero
Parkway between Lolo Way and Winter Park Street where the YMCA will be located. The
YMCA and the adjacent development to the east will require the missing road segment to be
constructed to accommodate traffic to these areas as well as provide connectivity for the
transportation network per Bozeman Municipal Code (BMC) Section 38.24.010.A.2. The
YMCA project will be located as shown in Figure 1 further below, and the missing road
segment is identified in Figure 2 also further below.
As noted in Appendix B, the minor subdivision creating the lot was allowed to be platted
without installation of all typical subdivision improvements. This allowed Vaquero Parkway
installation to be deferred. The note functioned as a guarantee of future performance to
install the street as allowed by Section 38.39.080.B.6, BMC. At this time that deferral needs
to be ended and the street constructed to provide physical access to the site for daily users
and emergency services.
116
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 15 of 23
Figure 1: Proposed YMCA Location
117
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 16 of 23
Figure 2: Vaquero Way Missing Road Segment
118
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 17 of 23
Related to the extension of Vaquero Parkway, a complete roads policy has recently been set
by the Stucky Road Apartments Annexation as well as implementation of the collector and
arterial streets fund. As such, the Engineering Department had the following
recommendation to the DRC for the proposed Vaquero Parkway Extension:
“Vaquero Parkway must be fully constructed to complete access from both sides of the
proposed project prior to obtaining an occupancy permit and to provide an adequate,
connected street network to access the new YMCA. A 75-foot street easement exists for the
construction of Vaquero Parkway. The applicant is encouraged to contact the adjacent
development owner to the northeast to complete the section of Vaquero Parkway not
indicated on the proposed YMCA draft construction plans.”
The project proposed in the YMCA application is to construct 917-feet of Vaquero Parkway
out of a total missing segment of approximately 1,700-feet of local street section. The
adjacent development to the northeast of the missing segment of Vaquero Parkway will also
need the road. A preliminary plat for the adjacent subdivision was approved on May 6,
2013. The final plat for the portion of the subdivision along Vaquero Parkway has not yet
been submitted for final plat review. Therefore, the YMCA was encouraged to negotiate
construction of the remaining section of Vaquero Parkway.
6. Pedestrian and vehicular ingress and egress;
Three ingress/egress accesses off of Vaquero Parkway are proposed, helping the project meet the
specific “community center” standards as described in Section 38.22.210 BMC. These standards
also require that there is public street access to an arterial or collector within 600 feet of the
entrance of the community center, which is supplied by the intersection of Vaquero Parkway and
Baxter Lane.
Engineering condition no. 13 requires the public sidewalk in close proximity to the subject
property to be completed for pedestrian connectivity.
Offsite Sidewalk Improvement
A section of sidewalk between Baxter Lane and Lolo Way is missing to connect pedestrian
traffic from Baxter Lane to the proposed YMCA project. The missing sidewalk is 220-feet in
length and is located off the subject property as indicated in Figure 2. Given the nature of the
YMCA and its focus on youth activities, the offsite sidewalk improvement is needed to allow
pedestrians safe access to the subject property. The right-of-way exists to construct the offsite
improvement. The proposed YMCA project included construction of all on-site sidewalk
improvements.
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 preliminary landscape require some minor changes as stated under Planning code provisions
D, G and H. These corrections will occur with the final plan application review process. The
applicant requested to keep the November 9th public hearing date with the City Commission,
with the understanding that they will have to address corrections pertaining to required code
provisions. Because the CUP component of this application is what triggers the City Commission
review, which is pertinent to the appropriateness of the community center use, Staff found the
applicant’s request as acceptable.
119
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 18 of 23
8. Open space
No private open space required with this application as no residential dwelling units are
proposed.
Per Engineering condition no. 7, a wetlands boundary delineation report must be submitted with
the final plan application.
9. Building location and height
The principal gable height of the church building falls at the 40-foot maximum permitted for a
6:12 to 9:12 pitch in R-3 zoning.
10. Setbacks
The building and site improvements are located within the required setbacks. The setbacks
depicted on the site drawings have some errors, therefore correct dimensions shall be provided
with the final plan application as required with the cited Planning code provision A.
11. Lighting
Lighting details of all proposed exterior lighting shall be provided with the final plan application
as required with the cited Planning code provision E.
12. Provisions for utilities, including efficient public services and facilities
Per the required Engineering condition 5, plans and specifications for any water, sewer and/or
storm sewer main extensions and Public Streets (including curb/gutter and sidewalks) prepared
by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water
and sewer plans shall also be approved by the Montana Department of Environmental Quality.
The applicant shall provide Professional Engineering services for construction inspection, post-
construction certification and preparation of mylar record drawings. Specific comments
regarding the existing and proposed infrastructure shall be provided at that time. Construction
shall not be initiated on the public infrastructure improvements until the plans and specifications
have been approved and a pre-construction conference has been conducted. Building permits
will not be issued prior to City acceptance of the site infrastructure improvements.
13. Site surface drainage
Per required Engineering condition 6, prior to building permit approval, an erosion and sediment
control permit shall be obtained from the city’s Stormwater Program Coordinator. The erosion
and sediment control plan approved with the final site plan shall be utilized to obtain the erosion
and sediment control permit.
Additionally, Engineering condition 9 states stormwater detention is indicated off the property of
the proposed project. The applicant shall demonstrate through an agreement or through
acquisition of property the right to construct and maintain stormwater infrastructure for runoff
from the new street on Vaquero Parkway to the offsite property. Alternatively, the applicant
may consider an alternative street section using bioretention in the new street boulevards to
achieve the required detention volume. If bioretention is to be used, the applicant must contact
Shawn Kohtz at the City Engineering Department.
14. Loading and unloading areas
The primary pedestrian loading and unloading area is proposed directly in front of the primary
entrance of the church, with clear paths to the front entrances.
120
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 19 of 23
15. Grading
Preliminary grading plans appear adequate. Final checks with grading occur on the field during
construction by the Building Division inspectors.
16. Signage
No signage proposed with this application. If future signage is desired, a City of Bozeman sign
permit will be required.
17. Screening
Any mechanical equipment not shown on the preliminary plan materials that may be proposed
later must be screened per the municipal code. Screening locations and mechanical equipment is
not included with the site plan and needs to be included with the final plan materials. This is
cited as Planning division code provision C.
18. Overlay district provisions
Not applicable. No exterior alterations proposed with the application.
19. Other related matters, including relevant comment from affected parties
No public comment was received in regards to this project. If public comment is received prior
to the City Commission public hearing, it will be forwarded to the City Commission members.
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
The applicant’s materials indicate future phases may occur with separate development review
applications. At the time future phases are proposed, staff will determine if an amendment or
entire new CUP application is required for the community center use.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, 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:
121
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 20 of 23
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 subject property is a vacant lot within a platted minor subdivision with standard public
sidewalk and street adjacency in close proximity. With the recommended conditions of approval
and standard code provisions as included in this report, the site is found to be adequate in size
and topography to accommodate all required yard setbacks, parking and landscaping
improvements and to ensure the community center is adequately screened from the adjacent
residential uses to the east.
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
With the Community Development and Engineering recommended conditions and the cited code
provisions, the application generally complies with the Unified Development Code. There are
adequate transportation systems, vehicular and pedestrian circulation, municipal services, and
general improvement of the property to ensure no material adverse effect upon abutting property
will occur.
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.
Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the recommended
conditions of approval and findings within this report.
122
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 21 of 23
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 plan. Community Development cited code
provision B applies to this issue. A document to be recorded will be provided by the City
following preliminary approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: Zoning Designation and Land Uses: The predominant
portion of the subject property is zoned “R-3” (Residential Medium Density District). The intent
of the R-3 district “is to provide for the development of one- to five-household residential
structures near service facilities within the city. It should provide for a variety of housing types
to serve the varied needs of households of different size, age and character, while reducing the
adverse effect of nonresidential uses.”
A portion of the area used through an easement with Gallatin County is zoned as “PLI” (Public
Lands and Institutions). The intent of the PLI district is to provide for major public and quasi-
public uses outside of other districts. Not all public and quasi-public uses need to be classified
PLI. Some may fit within another district; however larger areas will be designated PLI.
Adopted Growth Policy Designation: The subject property and the area used as an easement
with Gallatin County is designated as “Parks, Open Space, and Recreational Lands” in the
Bozeman Community Plan. All publicly owned recreational lands, including parks, are included
within this category, as well as certain private lands. These areas are generally open in character
and may or may not be developed for active recreational purposes. This category includes
conservation easements which may not be open for public use. No conflicts with the goals and
objectives of the Bozeman Community Plan have been identified.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
A combined Site Plan and Conditional Use Permit application was submitted to the Department
of Community Development requesting the construction of a new 20,648 square foot community
center building, for the Gallatin Valley YMCA, with affiliated surface parking, landscaping and
athletic field improvements on vacant property located west of the Vaquero Parkway and
Tschache Lane intersection, immediately adjacent (and portions within) the Gallatin Regional
Park and south of Baxter Lane.
123
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 22 of 23
The YMCA use falls under the BMC’s definition of “community center” which is defined as “A
building or portion of a building used for nonprofit cultural, educational, recreational, religious
or social activities which is open to the public or a designated part of the public, usually owned
and operated by a public or nonprofit group or agency.” The CUP is required for the
establishment because community center is a conditional use in the R-3 (Residential Medium
Density) zoning district.
The site under question is Lot 4 of the Minor Subdivision No. 400. A note on that plat stated the
following: “Therefore, be advised, that Building Permits will not be issued for Lots 1, 2, 3 & 4 of
Minor Subdivision No. 400, City of Bozeman, Gallatin County, Montana until all required on
and off-site improvements area completed and accepted by the City of Bozeman. No building or
structure requiring water or sewer facilities shall be utilized on this lot until this restriction is
lifted. This restriction runs with the land and is revocable only by further subdivision or the
written consent of the City of Bozeman.” The minor subdivision was platted in 2007 and this
type of note was typical at that time. The final approval of this Site Plan and Conditional Use
Permit application will be considered the “written consent of the City of Bozeman”.
The subject property has been considered the future home for the Gallatin Valley YMCA for
quite some time. It was shown as the dedicated YMCA site in the original Baxter Meadows
Subdivision materials.
The applicant’s materials indicate future phases may occur with separate development review
applications. At the time future phases are proposed, staff will determine if an amendment or
entire new CUP application is required for the community center use.
At their October 21, 2015 meeting, the Development Review Committee meeting voted
unanimously to recommend approval of the CUP application with the recommended conditions
and code provisions identified in this report.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice was
published in the Bozeman Daily Chronicle on October 25 and November 1, 2015. In addition,
notice was posted on site on October 23, 2015.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Gallatin Valley YMCA, Attn: Andrea Stevenson, PO Box 10158,
Bozeman, MT 59719
Gallatin County, 311 West Main Street, Bozeman, MT 59715
Applicant: CTA Inc., c/o Kurt Ratz, 411 E. Main Street, Suite 101, Bozeman,
MT 59715
Report By: Allyson Brekke, Associate Planner
124
Gallatin Valley YMCA Site Plan and CUP – Application No. 15445 Page 23 of 23
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
125
126
127
128
130
131
132
133
134
135
136
CUPCITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
CONDITIONAL USE PERMIT REQUIRED
MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets
Complete and signed development review application form A1
Plan sets that include all conditional use permit checklist items below unless otherwise provided in another
application type
Only If new building construction, plan sets that include all required items listed on the site plan checklist
forms SP and SP1
Standard application sets required 2 sets that include full size 24 1set that include 11 x 17 inch plans plan sizes: x 36 inch plans
2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must
be provided at 5MB or less in size. Files shall be named according to naming protocol.
All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36
inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be Notes: used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled
or not bound into sets will not be accepted.
NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1and materials
APPLICATION FEE
Base fee $1,435
Additional application fees may apply if new construction. Application types and fees are cumulative.
APPLICATION DEADLINES
Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are
acceptable within five working days of the application deadline. Applications deemed acceptable for review
will begin Development Review Committee review in ten working days from the application deadline.
CONDITIONAL USE PERMIT CHECKLIST
1. Project Narrative providing a thorough description of what uses are being proposed and how they will
function on the site and including detailed responses to the following:
a. Response to the requirement that requires 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 property relate such use with the land and uses in the vicinity;
b. Response to the requirement that the proposed use will have not materials adverse effect upon the
abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; and
c. Response to the requirement of any special conditions of approval necessary to protect the public health,
safety and general welfare
2. Location/vicinity map, including area within one-half mile of the site
3. Site plan with north arrow showing property dimensions, location of buildings, parking, driveways, off street
loading, landscaping, location of utilities, access, pedestrian facilities, and use location. Suggested scale
of 1 inch to 20 feet, but not less than 1 inch to 100 feet.
4. Floor plans showing floor layout including square footage and proposed use for each room and area within
the building. Suggested scale of ¼ to one foot.
Conditional Use Permit Required Materials CUP Page 1 of 2 Revision Date 4-27-15
Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Presentation of submitted plans and specifications
137
5. For alcohol production sales and serving and gaming uses the floor plan shall show complete floor layout of
restaurant with production/manufacturing/kitchen uses, gaming area and restaurant serving areas (seating)
by location and square footage
6. Parking calculations for all uses, including detailed calculations of deductions, if proposed
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman, MT 59771 www.bozeman.net
Conditional Use Permit Required Materials CUP Page 2 of 2 Revision Date 4-27-15
Required Forms: A1, N1, SP and SP1 (if new construction) Recommended Forms: Presentation of submitted plans and specifications
138
_______________________________________
N1CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which
affects their interests and provides opportunity to receive information pertinent to an application that
would not otherwise be available to the decision maker.
SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST
MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site, attached to this checklist.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site and not physically contiguous (touching a boundary) to the subdivision, attached to this
checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous
(touching a boundary) including recorded purchasers under contract for deed to be sent
certified mail attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the physically contiguous property owners including recorded purchasers
under contract for deed.
Two sets additional mailing labels with the names and addresses of the physically
contiguous property owners including recorded purchasers under contract for deed
attached.
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office
in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I, _____________________________________________, hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all
condominium owners, within 200 feet of the property located at
________________________________________________________, is a true and accurate list
from the last declared Gallatin County tax records. I further understand that an inaccurate list
may delay review of the project.
Signature
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS
Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
Noticing Materials Page 1 of 1 Revision Date 4-27-15
Required Forms: N1 Recommended Forms: NA
139
GYMCA’s Adjacent Property Owners
Adjoiners List
(BAXTER MEADOWS SUB PH 1)
MONTANA OPTICOM LLC
144 QUAIL RUN RD
BOZEMAN, MT 59718‐5926
CECELIA K AND RICHARD L EGELAND
2306 FAIRWAY DR
BILLINGS, MT 59102‐0645
(BAXTER MEADOWS SUB PH 4A)
ALLAN SKOGEN
2149 DURSTON RD ST
BOZEMAN, MT 59718‐2805
BANK OF BOZEMAN
PO BOX 10070
BOZEMAN, MT 59719‐0070
(PEBBLE BROOK CONDO)
ELLEN B. MACFARLAND
PO BOX 161028
BIG SKY, MT. 59716‐1028
RONALD & JEANNE HECHT
3924 BAXTER LN. UNIT 2
BOZEMAN, MT 59718‐8073
WOODROW J. FROST
3924 BAXTER LN. UNIT 3
BOZEMAN, MT 59715
COLIN & DELIA DANIEL
3924 BAXTER LN. UNIT 4
BOZEMAN, MT 59718‐8073
RONALD & CLARA LAMBERT
3944 BAXTER LN. UNIT 5
BOZEMAN, MT 59718‐8072
140
WADE & KATHLEEN SHAFER
3944 BAXTER LN. UNIT 6
BOZEMAN, MT 59718‐8072
PAUL & MARY ROUTHIER
3944 BAXTER LN. UNIT 7
BOZEMAN, MT 59718‐8072
JAMES & MELISSA DUFF
3930 BAXTER LN. UNIT 8
BOZEMAN, MT 59718‐8071
MATTHEW GLENN KEMMER
2428 CREEKWOOD DR.
BOZEMAN, MT 59715‐2137
MARCELLA NOPPER
140 HITCHING POST RD.
BOZEMAN, MT 59715‐8027
DON & DIANE AAKER
78970 INDIAN WOOD CT
LA QUINTA, CA 92253‐2866
ROBERT WILLIAM SWINNEY II
143 FARMLAND XING
BELGRADE, MT 59714‐9175
POWELL & MARY LASTER
3910 BAXTER LN. UNIT 13
BOZEMAN, MT 59718‐8070
THERESA PFAFF
131 E 1ST AVE APT. 601
SALT LAKE CITY, UT 84103‐5923
ROBERT TALLON
3910 BAXTER LN. UNIT 15
BOZEMAN, MT 59718
SHERI CAPLAN AUGUSTINE
3876 BAXTER LN. UNIT 16
BOZEMAN, MT 59718‐8069
LEONARD AND LINDA NEWBLOM
141
1 NEWPOINT RD.
BEAUFORT, SC 29907‐2045
JAMES & JANE DOYLE
3876 BAXTER LN. UNIT 18
BOZEMAN, MT 59718‐8069
CASEY DURHAM
3876 BAXTER LN. UNIT 19
BOZEMAN, MT 59718‐8069
(CROSSING 2 SUB)
HOLYOKE V INC.
9030 N HESS ST. #373
HAYDEN, ID 83835‐9827
(GALLATIN COUNTY)
GALLATIN COUNTY
311 W MAIN ST. RM 304
BOZEMAN, MT 59715‐4574
142
SEPTEMBER 23, 2015 – GALLATIN VALLEY YMCA CUP/SP APPLICATION CITY OF BOZEM AN, MONTANA
Executive Summary:
The Gallatin Valley YMCA is respectfully requesting City approval for the construction of new 20,648 square
foot Community Center on their property located south of Baxter Lane, west of Vaquero Parkway, adjacent to
the County Regional Park.
Enclosed are the required Conditional Use Permit (CUP) and Site Plan (SP) materials for this project. While
there have many Community discussions regarding the development of this facility and potential stakeholders,
the YMCA is currently asking for approval to construct a standalone YMCA facility and associated
improvements as shown on the submitted plans. It is possible that additional phases or additional construction
may be proposed/accommodated in the future as conditions warrant.
Conditional Use Permit Checklist Narrative:
1. Project Narrative providing a thorough description of what uses are being proposed and how they will
function on the site and including detailed responses to the following:
Response: As detailed in the submitted plans, the proposed community center will include multiple
program, activity, and support spaces. There are administrative offices within the building and the
construction of one athletic multi- purpose field immediately west of the building.
a. Response to the requirement that requires 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;
Response: The proposed project has long been planned and discussed at this location and is perfectly
located in/adjacent to the County Regional Park with complimentary land uses. The project has also
been designed and will be constructed in accordance with all City required standards which assure its
compatibility with adjacent land uses in the vicinity.
b. Response to the requirement that the proposed use will have no material affect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden of proof;
Response: As previously noted, this project has been planned and discussed at this location for many
years within the Community and is complementary to abutting land uses. The project is also being
designed in accordance with all City standards which assures its compatibility with abutting
properties.
c. Response to the requirement of any special conditions or approval necessary to protect the public
health, safety and general welfare.
Response: Due to the proposed location adjacent/within the County Regional Park as a
complimentary land use, the applicant is not aware of any needed “special conditions” that are
necessary to project the public health, safety and general welfare.
While the City has recently changed its site plan review process to eliminate the standard (future) final site plan
submittal process, the applicant is also requesting approval of concurrent review of the final plan/building
permit/infrastructure (utility) construction plans for this project as appropriate. This includes a request for
concurrent construction of the proposed Vaquero Parkway (incl. sewer/water) related infrastructure for this
project.
143
144
146
147
148
149
150
152
154
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174