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E X E C U T I V E S U M M A R Y CASE PLANNER: Aaron Wilson & Janet Rhoades VINE REVIEWED AND APPROVED BY: Mary McCrea BROADWAY INTERSTATE 90 INTERSTATE 90 PUBLIC HEARINGS: CC: August 22, 2011 AGENDA ITEM: Broadway Residential Storage Warehouse Conditional Use Request for the construction of a 31 unit residential mini storage building in the C2-4 zoning district N UNNAME 19 APPLICANT: Alex Duman 38 Wildground Lane Missoula, MT 59802 FEE OWNER: Montana Rail Link, Inc Post Office Box 16390 101 International Drive Missoula, Montana 59808 APPLICANT S REPRESENTATIVE: None LOCATION OF 1100 block of East Broadway (no address assigned) REQUEST: Missoula, MT 59802 LEGAL NOTIFICATION: ZONING: GROWTH POLICY: The legal ad was published in the Independent on August 4 & 11, 2011. The site was posted on August 1, 2011. Adjacent property owners within 150 feet of the site were notified by certified mail on July 20, 2011. C2-4 (Community Commercial) The applicable amendment to the 2005 Missoula County Growth Policy is the 1998 Missoula Urban Comprehensive Plan Update, which designates the property as Community Commercial.

Surrounding Land Uses North: Railroad South: Motel/Commercial East: Residential mini storage West: Carwash Surrounding Zoning Unzoned C1-4 (Neighborhood Commercial) C1-4 (Community Commercial) C2-4 (Neighborhood Commercial) RECOMMENDATION THAT the conditional use request be approved. 2

Broadway Residential Storage Warehouse Conditional Use Request I. RECOMMENDED MOTION August 17, 2011 THAT the residential mini storage conditional use request in the C2-4 (Community Commercial) zoning district in the 1100 block of East Broadway, and legally described in Attachment A be approved, in accordance with Missoula City Zoning Ordinance, Title 20, Sections 20.10.020(D) and 20.85.070, subject to the recommended condition of approval, based on the findings of fact in the staff report. II. CONDITIONS OF APPROVAL 1. The residential storage warehouse on the 1100 block of East Broadway shall comply with all applicable portions of Title 20, to be reviewed and approved by OPG prior to building permit approval, in compliance with Section 20.85.070(H)(1) and (2) of Title 20, Missoula City Zoning Ordinance. III. INTRODUCTION This is a request from Alex Duman to approve a residential storage warehouse facility as a Conditional Use in the C2-4 (Community Commercial) Zone at the 1100 block of East Broadway. The applicant requests the approval in order to construct a mini storage building on the property. The proposed mini storage facility will be constructed on leased Montana Rail Link (MRL) property, adjacent to the railroad itself. MRL, as the Owner of Record, has indicated support for the project by signing and approving of the application package submitted by Mr. Duman and will remain the sole landowner. IV. APPLICABLE ZONING REGULATIONS Title 20 Zoning Ordinance, Section 20.85.070(H) outlines the review criteria for review of conditional use applications. According to the Zoning Ordinance, not all review criteria will apply in every case [and] only the applicable review criteria need to be met. Uses that require conditional use approval may be approved by the City Council only when Council determines that the proposed uses meet all the applicable review criteria. V. CONDITIONAL USE REVIEW CRITERIA Findings of Fact: General Site Geography 1. The approximately 1/3 acre subject property is located at an unassigned address along the north side of East Broadway, in the 1100 block to the east of Van Buren St. The subject property is a leased portion of a larger parcel of land owned by MRL, and is legally described in Attachment A. 3

2. Montana Rail Link will remain the owner of record for the subject property, and has certified that the information contained in the Conditional Use Application is true and correct. 3. The subject property is currently a vacant lot situated between a carwash to the west and existing mini storage units to the east. The MRL railroad borders the property to the north. 4. The applicant requests approval to construct a new mini storage facility at this location, including 31 connected units within a single-story structure. 5. The subject property is accessed from East Broadway, which is functionally classified as a minor arterial at this location. 6. The street contains a 6 -wide curbside sidewalk on the south side, opposite the property. 7. There is no dedicated bike lane, however wide shoulders along each side of the street may allow for bicycle use outside the lane of motorized traffic. 8. The subject property is within the Missoula Urban Transportation District and is served by Bus Route #4 and the University Shuttle. 9. The subject property is inside the Urban Growth Area and the Wastewater Facilities Service Area. 10. The subject property is served by City sewer and Mountain Water Company. 11. The subject property is located within an established service area for Missoula hospitals and the City Fire and Police Departments. 12. The property is located within the Air Stagnation Zone. Zoning & Comprehensive Plan 13. The subject property is zoned C2-4 (Community Commercial). 14. The applicable growth plan is the1998 Missoula Urban Comprehensive Plan Update, an amendment to the 2005 Missoula County Growth Policy Update. The recommended land use designation for the property is Community Commercial, which is intended to encompass those retail goods and services, financial institutions, business and professional offices, and personal services which are routinely used by residents. 15. The applicant is seeking a Conditional Use approval for the construction of a new residential storage warehouse facility (mini storage). 16. Pursuant to Table 20.10-1 Uses Allowed in Business and Commercial Districts of the Title 20 Zoning Code, the residential storage warehouse use is a Conditional Use in the C2-4 zoning district. 17. The subject property is bounded on three sides by existing commercial uses, including a carwash, hotel and additional storage facilities. To the north is the MRL railroad. Conditional Use 18. The subject property is currently vacant, undeveloped land bordered on three sides by commercial development. 19. The site development plan indicates that a new building containing 31 units will be constructed as a new use, triggering compliance with Title 20 s Landscape and Parking/Access Chapters. 4

20. Maximum height for a new building in the C2-4 district is 125 feet for parcels not abutting R districts. The proposed new storage warehouse, according to the applicant s exterior elevation plant, will be a single-story building that is well under the maximum height limit (estimated at 18-20 ) and consistent with surrounding uses. 21. The property does not abut any residential zoning districts, and therefore has no minimum parcel size or setback requirements. 22. Pursuant to Title 20, Chapter 20.60.020, Required Motor Vehicle Parking, 1 parking space is required for every 25 units in a residential storage warehouse. Designs submitted by the applicant indicate that there will be at least 2 spaces provided for the 31 units in the new facility. Zoning compliance with parking requirements will be reviewed at building permit. 23. The submitted site development plan shows landscaping on the site, including plantings between the parking area and the property s perimeter. The illustrated number of trees and shrubs appears to conform to landscaping requirements in Title 20, Chapter 20.65.020, General Landscaping Requirements. Zoning compliance with landscaping requirements will be reviewed at building permit. 24. The noise and activity of the new development will be consistent with existing adjacent commercial uses, including a similar storage unit facility to the east of the property. Expected hours of operation (7:00 a.m. to 10:00 p.m.) will be comparable to those of adjacent uses. 25. Traffic generated by the proposed use will not be incompatible with surrounding uses. The Institute of Transportation Engineers estimate that mini-storage facilities generate an average of 0.26 peak hour trips per 1,000 square feet of storage space (ITE Trip Generation Manual, 8 th Edition). Based on the submitted site plan, the new facility is estimated to contain between 12,000 and 15,000 square feet, leading to 2 to 4 ADT. 26. Any outdoor lighting for this project will be subject to the Missoula Outdoor Lighting Ordinance #3341. Conditions 27. In order to clarify that the applicant is required to comply with all applicable Title 20 Zoning Ordinance requirements at the time of building permit review, this is required as a condition of approval. Conclusions of Law: 1. Whether the proposed use complies with all applicable standards of the Title 20 Zoning Ordinance; 1. The proposed new use complies with all applicable standards of the C2-4 (Community Commercial) zoning district, or conditions have been imposed that bring the conditional use into compliance. 2. The parking plan proposed as part of the Conditional Use is compliant with Title 20 parking standards with the imposed condition of approval. 3. Title 20 landscaping requirements will be met prior to building permit approval. 4. Compliance with all applicable sections of the Title 20 Zoning Ordinance will be confirmed prior to building permit approval. 5

2. Whether the proposed use is in the interest of public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community; 1. Allowing the residential storage warehouse (mini-storage) conditional use on this property, which abuts comparable commercial uses, is not anticipated to adversely impact the general welfare of the neighborhood or community. No residential zones abut the property. 2. Development allowed by the requested conditional use will be served by adequate public facilities and services, and will further facilitate the adequate provision of public services, because the area is inside the Urban Growth Area and the Sewer Service Area and is currently served by public infrastructure including City Sewer and Mountain Water Company. 3. The City of Missoula currently serves the area with police and fire protection. Law enforcement personnel and procedures are available to address potential problems of noise, property damage, or personal injury. 3. Whether the proposed use is compatible with the character of the surrounding area in terms of site planning, building scale and project design; 1. The subject property is surrounded by parcels with similar or identical parcel and building standards. 2. The appearance of the new residential storage warehouse (mini-storage) building and lot design will be similar to surrounding structures in terms of site planning, building scale, and project design. 4. Whether the proposed use has operating characteristics that are compatible with the surrounding area in terms of hours of operation, outdoor lighting, noise, and traffic generation; and 1. The daily schedule of the new mini storage use is expected to be comparable to existing storage units to the east and self-service carwash to the west. 2. The outdoor lighting and noise characteristics of the proposed use are compatible with the surrounding area. 3. The access and surrounding road infrastructure are adequately sized and designed to manage the traffic generated by the proposed use. 5. Whether the proposed use will not have a significant adverse impact on traffic safety or comfort, including all modes of transport (non-motorized and motorized). 1. The proposed use will not have a significant adverse impact on traffic safety or comfort, regardless of the mode of transportation. 2. The subject property is adjacent to a minor arterial street with an existing sidewalk on the opposite side of the roadway. 3. The existing motorized and non-motorized transportation infrastructure adjacent to the property is adequately sized to accommodate the limited expected increase in traffic from the proposed conditional use. 6

VI. AGENCY COMMENT MUTD: BUILDING DEPARTMENT: CITY ENGINEERING: BICYCLE PEDESTRIAN COORDINATOR: HEALTH DEPARTMENT WATER QUALITY DIVISION: HEALTH DEPARTMENT AIR QUALITY DIVISION: HEALTH DEPARTMENT ENVIRONMENTAL HEALTH: OPG TRANSPORTATION DIVISION: POLICE DEPARTMENT: PARKS & RECREATION: FIRE DEPARTMENT: HISTORIC PRESERVATION: CITY ATTORNEY: We have reviewed this proposal. We have no issues. The Missoula Valley Water Quality District has no concerns over the MRL Broadway mini-storage conditional use request. The facility will be located inside the air stagnation zone so paving will be required for active vehicle use areas. I have no other comments on the conditional use request. No comments from Environmental Health as far as sanitation goes. Fire has no adverse comment on this request. VII. ATTACHMENTS A. Legal Description 7

ATTACHMENT A Legal Description: Commencing at the northwest corner of Tract B of Certificate of Survey No. 2777, as filed in the Missoula County Clerk and Recorder s Office, Missoula, Montana; said corner being a found ½ inch rebar; thence S 62-32-45 E a distance of 270.32 feet to a point on the top back of curb on the north side of East Broadway, said point also being the True Point of Beginning; thence bearing N 39-23-2 E a distance of 65.00 feet along a fence; thence leaving said fence, bearing S 50-14-34 E a distance of 226.21 feet to a point on another fence; thence bearing S 39-13-4 W a distance of 65.00 feet along said fence to a point on the top back of curb of East Broadway; thence bearing N 50-14-34 W a distance of 226.40 feet along said top back of curb of East Broadway to the True Point of Beginning. Containing 14709.82 square feet, more or less. 8