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HomeMy WebLinkAbout26005 Stoneridge Sub PR Initial Det. Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 1 of 11 Application No. 26005 Type Subdivision Project Name Stoneridge Preliminary Plat Subdivision Summary A proposed subdivision for dividing a lot into two lots located at 1039 Stoneridge Drive and zoned Neighborhood Business District (B-1). The site is currently developed with two commercial buildings and an associated parking lot. The proposed subdivision was developed in conformance with zoning through applications Z05260 and Z05324 in 2005. This subdivision proposes no additional improvements beyond splitting the lot into two lots and providing the required easements for access through the lot and for shared use of the existing parking lot. Zoning B-1 Growth Policy Community Commercial Mixed Use Parcel Size 1.1 acres (47,898 sqft) Overlay District(s) none Street Address 1039 Stoneridge Drive Legal Description Lot A of the Amended Plat of Lots 2 and 3 of Plat C-23-A18 and Lot 29 of the Stoneridge Subdivision PUD Phase 2, Plat J-352 located in the Southeast Quarter of Section 2 Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana Owner Aleagha real Estate, LLC, Nasim Aleagha, 1039 Stoneridge Drive, Bozeman, MT 59718 Applicant IMEG, Tamara Ross, 1817 South Ave W, Missoula, MT 59801 Representative Same as Applicant Pre-Application Review File 25509 Noticing Public Comment Period Site Posted Date Required Mail 5/18/2026-6/9/2026 5/15/2026 NA Initial Determination Review Authority Date Determinations City of Bozeman, Director of Community Development 4/9/2026 The application is complete and is in substantial compliance with all applicable regulations and the zoning map. All impacts resulting from the proposed development have previously been analyzed and made available for public review during adoption, amendment, or update of the land use plan, subdivision and zoning regulation, or zoning map Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital application access located online in the City’s Laserfiche Repository for Application 26005 Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 2 of 11 CONDITIONS OF APPROVAL 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentations, Certificates of Survey, and Final Subdivision Plats (25.183.1101 ARM, 25.183.1104 ARM, 25.183.1107 ARM)) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application must include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder's office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. (Staff report Section 4) 2. Prior to final plat approval, the applicant must provide an executed document(s) removing the property from the unit ownership act or amending the Declaration and Bylaws for Cabin Creek Condominium Association which restructures the condominium units and common elements to accord with the lot lines proposed with this subdivision. The document(s) removing the property from the unit ownership act or amending the Declaration and Bylaws must be recorded prior to recordation of the final plat. (Staff Report Section 5.13) 3. The applicant must add the following notes to the conditions of approval sheet of the plat related to the stormwater facilities on the property: a. The maintenance of all stormwater facilities, including stormwater facilities within the park parcels, is the responsibility of the property owners' association (POA). CODE PROVISIONS 1. Sec. 38.100.080 – Compliance with regulations required. 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. Sec. 38.720.020. and .030. Property Owners’ Association. Final Property owners’ association (POA) documents including covenants must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.720.020. and .030. where applicable. Additionally based on the documents provided revise and add the following. a. Prior to final plat approval, the applicant shall assign stormwater maintenance responsibilities for all facilities serving Lots 29A and 29B within recorded POA/POA CC&Rs, including provisions to address maintenance responsibilities. (Staff Report Section 5.10) b. Sec. 38.780.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. The subdivision’s stormwater maintenance plan must clearly state the following condition. "The property owners’ association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 3 of 11 incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. (Staff Report Section 5.10). 3. Sec. 38.750.150. – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. (Staff report Section 4) 4. Watercourse Setback Note (BMC 38.410.100.E(4)(a)) A note identifying the presence of the watercourse and associated setbacks shall be provided on the final plat. The note shall include that setback standards may be subject to change prior to future development within the subdivision. (Staff report Section 5.1) Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 4 of 11 Figure 1: Current Zoning Map Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 5 of 11 Figure 2: Preliminary Plat Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 6 of 11 Subdivision determination and record 38.750.090, BMC This analysis and its resulting findings are based on the entirety of the application materials, the Bozeman Municipal Code and associated standards, plans, and all other materials available during the initial review period. Collectively, this information is the record of the review. In establishing the record of review, the Director of Community Development and the Development Review Committee reviewed the application against the following standards. The applicable review authority for subdivisions is the Director of Community Development in their role as planning administrator. Each City Division listed here under is a member of the Development Review Committee (DRC). This Committee reviews development applications for all criteria relevant to their respective division. Each division is assigned a 2 to 4 letter code, shown to the left of the division name. Throughout the staff report, these codes will indicate which division led the review of the given criterion. Please note that while an one or a couple divisions may lead review of a given criterion, the entire DRC plays a role in each determination. DRC Development Review Committee PZ Planning and Zoning ENG Engineering/Transportation/Utilities PARK Parks and Recreation CH Community Housing WTR Water Adequacy FIRE Fire BLD Building WC Water Conservation FOR Forestry Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 7 of 11 The City of Bozeman adopted the Bozeman Community Plan (the Future Land Use Plan), including the Future Land Use Map, on October 28th, 2025, by Resolution Number 2025-71. The Bozeman Community Plan was made available for public review and comment prior to adoption and identified and analyzed the impacts of development. Notice was provided that the Bozeman Community Plan is the basis for implementing land use regulations as required in 76-25-106, MCA. Issue plans, including but not limited to the Transportation Master Plan, the Parks, Recreation, and Active Transportation Plan, the Sewer Facility Plan, Water Facility Plan, Stormwater Facility Plan, and Fire Protection Master Plan were all considered and incorporated by reference in the adoption of the Bozeman Community Plan. The Unified Development Code, contained in Chapter 38 of the Municipal Code, is the primary implementing regulation for the Bozeman Community Plan and was adopted on December 16, 2025 through Ordinance 2025-12/2151. The Bozeman Community Plan and supporting issue plans were utilized in consideration and adoption of the Unified Development Code. The City Commission found that the Unified Development Code was in substantial compliance with the Bozeman Community Plan. The Unified Development Code provides specific zoning and subdivision regulations as well as the zoning designation which determined the allowable criteria for review of the subdivision of the subject property. During the adoption of the Unified Development Code, issue plans and the Bozeman Community Plan were utilized to anticipate the impacts of potential development. As such, city wide impacts resulting from the proposed development were previously analyzed and made available for public review and comment during the adoption of the land use plan, including all issue plans, and adoption of zoning regulations, subdivision regulations, and all subsequent amendments to the identified documents. Zoning designations throughout the city were implemented to ensure that individual impacts to a given site from a proposed development will fit into the framework of the previously considered city wide impacts. Subdivision review ensures that site-specific impacts have been addressed with the materials submitted with this application and are available for public review. Any development that conforms with the standards of the Montana Code Annotated and the Bozeman Municipal Code has addressed all site-specific impacts. The following report reviews the subject property for compliance with the criteria and regulations adopted by the State of Montana and the City of Bozeman. 1. Conformance with MCA 76-25-408 DRC Meets Code? Application contains sufficient information for review Yes Submittal requirements of 38.710.040 Yes Comments: The application was submitted with the required materials and review fee. Pursuant to MCA 76-25-408, the planning administrator reviewed the submission and determined that the application contained sufficient information to proceed with review. This determination confirms completeness but does not ensure approval of the subdivision. Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 8 of 11 2. Exemptions from Subdivision Review MCA 76-25-402 PZ Meets Code? The division of land must not qualify for an exemption from subdivision review Yes Comments: The proposed land division does not qualify for any exemption listed in MCA 76-25-402, including divisions created by court order, mortgage security parcels, or other exempt divisions. Therefore, the subdivision must undergo full subdivision review under state law and the Bozeman Municipal Code. 3. Effect of Preliminary Plat Approval MCA 76-25-409 PZ Meets Code? Preliminary plat approval establishes the approved subdivision layout and conditions for final plat approval. Yes Comments: Approval of the preliminary plat authorizes the subdivision layout as proposed and establishes conditions that must be satisfied prior to final plat approval. Final plat approval will verify that the subdivision has satisfied all conditions and infrastructure requirements established during preliminary plat review. 4. Compliance with MCA 76-25-408(12) DRC Meets Code? 4.1 Meets the requirements and standards of this chapter Yes 4.2 Meets the survey requirements provided in 76-25-412(1) Yes 4.3 Provides the necessary easements within and to the proposed subdivision Yes 4.4 Provides the necessary legal and physical access to each parcel Yes Comments: The Development Review Committee has reviewed the submitted materials for compliance with all standards of MCA Title 76 Chapter 25. The preliminary plat conforms to the provisions of the Montana Land Use and Planning Act if it contains all elements required to meet state survey requirements, which would be determined when it is reviewed by the Gallatin County Examining Land Surveyor prior to the final plat approval. Conditions provided ensure that the proposed subdivision provides all necessary easements and that each lot has the required legal and physical access. Condition #1 and Code Provision #3 ensure that the plat will comply with all survey requirements. Code Provision #4 requires that the plat include all the necessary easements, including mutual access and storm drainage easements, to allow the subdivision to be consistent with the approved development that is being constructed on site. 5. Documentation of Compliance with Adopted Standards BMC 38.710.050. Meets Code? 5.1 Surface Water (BMC 38.710.050.A.1) ENG waived Comments: No natural surface water features are located on-site. The property is adjacent to the East Catron Stream-Ditch, which is an existing agricultural water user facility. The watercourse setback is depicted on the preliminary plat. No modifications are proposed. A note identifying the presence of the watercourse and associated setbacks is required on the final plat (Code Provision #4). 5.2 Floodplains (BMC 38.710.050.A.2) ENG waived Comments: The subject property is shown on FEMA FIRM panel 30031C08404D and is located within FEMA Zone X and is not subject to significant flood hazard. There are no impacts to floodplains from the proposed development. Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 9 of 11 5.3 Groundwater (BMC 38.710.050.A.3) ENG yes The site is served by municipal water and sewer. There are no improvements associated with this subdivision and as such, no changes to groundwater conditions are proposed. 5.4 Geology (BMC 38.710.050.A.4) ENG yes Comments: No geologic hazards, steep slopes, or limiting soil conditions are located on site. There are no improvements associated with this application, so no grading or disturbance is proposed. 5.5 Vegetation (BMC 38.710.050.A.5) PZ waived Comments: The proposed subdivision was developed in conformance with zoning through applications Z05260 and Z05324 in 2005. There are no alterations proposed to the site. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.6 Wildlife (BMC 38.710.050.A.6) PZ waived Comments: The proposed subdivision was developed in conformance with zoning through applications Z05260 and Z05324 in 2005. There are no alterations proposed to the site. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.7 Agriculture (BMC 38.710.050.A.7) PZ waived Comments: The proposed subdivision was developed in conformance with zoning through applications Z05260 and Z05324 in 2005. There are no alterations proposed to the site. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.8 Agricultural Water User Facilities (BMC 38.710.050.A.8) ENG waived Comments: There are no alterations proposed to or in proximity to East Catron Stream-Ditch which remains in place as an existing agricultural water user facility. Supporting materials indicate the ditch notice process has been completed. The proposed subdivision was developed in conformance with zoning through applications Z05260 and Z05324 in 2005. There are no alterations proposed to the site. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. No modifications are proposed, and existing agricultural water user functions are maintained. 5.9 Water and Sewer (BMC 38.710.050.A.9) ENG yes Comments: The preliminary plat shows all existing buildings, water and sanitary sewer services to each lot, and the public water main along Stoneridge Drive. The existing water and wastewater services are adequate to serve the existing development. No system modifications are proposed or required at the time of this application. 5.10 Stormwater Management (BMC 38.710.050.A.10) ENG yes Comments: Existing stormwater infrastructure, including ditch agricultural water user and previously constructed drainage facilities are sufficient to serve the existing development. Supporting materials confirm that no expansion or modification of the drainage system is Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 10 of 11 proposed and no alterations are required with this application. The property owners’ association is responsible for maintenance of the stormwater systems, as required by Code Provision #2. 5.11 Transportation Facilities (BMC 38.710.050.A.11) ENG yes Comments: Access is provided to the site by existing streets and shared access easements. The property is accessed from Stoneridge Drive, a city local street. The site was previously a single lot with two condominium units with access from Stoneridge Drive. The subdivision proposal places site access entirely on Lot 29A. A mutual access easement exists from the previous subdivision of the lot which ensures that Lot 29B maintains legal and physical access to and through the site and to the internal access to the north. The applicant submitted documentation which shows existing recorded agreements which meet city standards. No changes to access or circulation are proposed or required with this application. 5.12 Non-municipal Utilities (BMC 38.710.050.A.12) PZ waived Comments: The proposed subdivision was developed in conformance with zoning through applications Z05260 and Z05324 in 2005. There are no alterations proposed to the site. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.13 Land Use (BMC 38.710.050.A.13) PZ yes Comments: The subject property was developed in conformance with zoning through applications Z05260 and Z05324 in 2005 and subsequently went through condominium review which included three condominium units among the two buildings on the parcel and showed the remaining land as limited or general common elements, as defined by MCA Title 70, Chapter 23, Part 1. The existing Condominium is legally called the Cabin Creek Condominium and was established through instrument #2787226. Condominiums create individual units with unique legal descriptions tied to the underlying parcel/lot where the private unit is situated, and in tandem create general common elements and limited common elements throughout the remainder of the subject property. By subdividing the lot, the underlying tract will be altered and new lot lines established. The Condominium units will need to be abolished or reconfigured such that there is no conflict between the condominium units, commonly owned elements, and the proposed lot lines requested with this application (Condition #2). The existing buildings on site were reviewed and approved through the site planning process and were compliant with all zoning requirements at the time of site plan approval in 2005. 5.14 Parks and recreation facilities (BMC 38.710.050.A.14) PARK waived Comments: The proposed subdivision is only creating one new lot, which is exempt from park land dedication requirements per Montana Code Annotated, 76-25-404(6)(a)(iv). The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.15 Neighborhood Center Plan (BMC 38.710.050.A.15) PZ/ PARK waived Comments: To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater must have a neighborhood center. The proposed subdivision is 1.1 acres Subdivision Report Stoneridge Subdivision Application No. 26005 05/13/2026 Page 11 of 11 and, therefore, is exempt from the requirement of a neighborhood center. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.16 Lighting Plan (BMC 38.710.050.A.16) ENG waived Comments: The proposed subdivision was developed in conformance with zoning through applications Z05260 and Z05324 in 2005. As such, there are no alterations proposed to the site. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.17 Miscellaneous (BMC 38.710.050.A.17) PZ waived Comments: The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site are created with this subdivision. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.18 Affordable Housing (BMC 38.710.050.A.18) CH/ PZ waived Comments: The proposed subdivision was developed in conformance with zoning through applications Z05260 and Z05324 in 2005. This application does not rely on incentives authorized in 38.380. The Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.19 Water Rights (BMC 38.710.050.A.19) WTR yes Comments: Bozeman Water Adequacy Division found that the proposed subdivision would not increase water usage onsite. There are no impacts to water use and no cash in lieu is required at the time of subdivision. Future development on site may increase water use and could trigger the need for cash in lieu of water rights be paid to offset water usage. 6. Substantiative Comment from Affected Parties (38.750.080) PZ Meets Code? Public Comment TBD Comments: This is the initial subdivision determination. Public notice will occur from 5/18/2026- 6/9/2026. This section will be updated after the noticing period.