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HomeMy WebLinkAboutStoneridge Planned Unit Development Phases 1, 2A a_11.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Director Tim McHarg, Director SUBJECT: Z-12066, Conditional Use Permit to amend the allowed uses within the Residential Office district to include health and exercise facilities as a principal use within phases 1, 2A and 2B of the Stoneridge Planned Unit Development. MEETING DATE: May 14, 2012 AGENDA ITEM TYPE: Action – Quasi-Judicial RECOMMENDATION: Approve application Z-05085A, Z-12066, A Conditional Use Permit to amend the allowed uses within the Residential Office district to include health and exercise facilities as a principal use within phases 1, 2A and 2B of the Stoneridge Planned Unit Development with the code requirements as recommended by Staff. BACKGROUND: The original Stoneridge PUD was approved with several relaxations from the standards of the Bozeman Municipal Code and includes some additional uses. The present proposal is to add Health and Exercise Establishments, as defined in Section 38.42.1340, BMC to the list of uses allowed within those properties located with Phases 1, 2A and 2B, of the Stoneridge PUD subdivision which are zoned as Residential Office. Most of the Stoneridge PUD has been developed with a variety of different sizes and designs of buildings. There are a few multi-story buildings but most are single story and predominantly are used as offices. There are a few small areas of B-1 zoning at key intersections along N. 19th Avenue. The Residential Office zoned areas are adjacent to residentially developed properties to the west but are separated from the homes by a small water course and associated buffer area. UNRESOLVED ISSUES: None ALTERNATIVES: The Commission may choose to: 1. Deny the application. 2. Approve the application with code requirements as recommended by Staff . 3. Take other action as determined by the Commission FISCAL EFFECTS: None Attachments: Staff Report, Application materials Report compiled on: May 2, 2012 217 #Z-12066 Stoneridge PUD amendment CUP Staff Report 1 City Commission Staff Report for Stoneridge PUD amendment CUP File #Z-12066 Item: Z-12066 A Conditional Use Permit to amend the allowed uses within the Residential Office district to include health and exercise facilities as a principal use within three phases of the Stoneridge Planned Unit Development Owner/ Applicant/Representative: Stoneridge Properties LLC, 1091 Stoneridge Drive, Bozeman MT 59718 Date: City Commission Meeting, May 14,2012, at 6:00 p.m., in the City Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Chris Saunders, Assistant Director Recommendation: Approval ______________________________________________________________________________ Project Location The overall Stoneridge PUD is shown in the map below. The affected area of the Stoneridge PUD is generally located north of Durston Road, west of N. 19th Avenue, and south of Oak Street. The areas to which the proposed amendment applies is Phases 1, 2A, and 2B of the plat of the Stoneridge Subdivision. 218 #Z-12066 Stoneridge PUD amendment CUP Staff Report 2 Proposal/Background The original Stoneridge PUD was approved with several relaxations from the standards of the Bozeman Municipal Code and includes some additional uses. The present proposal is to add Health and Exercise Establishments, as defined in Section 38.42.1340, BMC to the list of uses allowed within those properties located with Phases 1, 2A and 2B, of the Stoneridge PUD subdivision which are zoned as Residential Office. Most of the Stoneridge PUD has been developed with a variety of different sizes and designs of buildings. There are a few multi-story buildings but most are single story and predominantly are used as offices. There are a few small areas of B-1 zoning at key intersections along N. 19th Avenue. The Residential Office zoned areas are adjacent to residentially developed properties to the west but are separated from the homes by a small water course and associated buffer area. Recommended Conditions of Approval Based on the subsequent analysis, the DRC and Staff find that the application, with code provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended. Recommended Conditions: No special conditions were identified as necessary for this application by the DRC. Code requirements are identified under review criteria two below. Conclusion/Recommendation The DRC and Staff have reviewed the Stoneridge PUD amendment and recommends to the City Commission approval of the application with the conditions and code requirements outlined in this Staff Report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable to this project, prior to receiving Final Site Plan approval. 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. Zoning Designation & Land Uses The affected property is zoned R-O (Residential Office district). The intent of the R-O residential-office district is to provide for and encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. The underlying growth policy designation of the affected area is Business Park which allows the R-O district to be dominantly non-residential in development character. The following land uses and zoning are adjacent to the subject property: North: Retail, Restaurants, Bank, B-2 and B-1 South: Single-household detached homes and duplexes, R-2 219 #Z-12066 Stoneridge PUD amendment CUP Staff Report 3 East: Offices and vacant, manufactured homes, R-O and unannexed Gallatin County area West: Single-household detached homes and apartment complex, R-1 and R-4 Adopted Growth Policy Designation The Future Land Use Map (Figure 3-1) of the recently updated Bozeman Community Plan designates the subject property to develop as Business Park Mixed Use. This classification provides for employment areas with a variety of land uses typified by office uses and technology-oriented light industrial uses. Civic uses may also be included. Retail, residential, services, or industrial uses may also be included in an accessory or local service role. Accessory uses should occupy 20% or less of the planned Business Park Mixed Use areas. These areas are often a buffer between uses, and the scale and intensity should be carefully considered to ensure compatibility with adjacent developments. The developments should provide integrated open spaces, plazas, and pedestrian pathways to facilitate circulation and a pleasant environment. Uses may be mixed both vertically and horizontally with vertically mixed uses being encouraged. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height or other transitions should be provided to be compatible with adjacent development. Review Criteria & Staff findings This application is subject to review under three levels of criteria: site plan, conditional use permit, and planned unit development. These follow an increasing level of detail and discretion. Review of each criterion may find the item not applicable to the present application or may find the application positively or negatively impacts the criteria. Section 38.20.090.E PLANNED UNIT DEVELOPMENT; “Design Objectives and PUD Review Criteria” This application is subject to the criteria for “All Development” and “Commercial.” The various criteria as evaluated for this application show that the criteria are either not applicable or are addressed in the site plan or conditional use criteria listed below. Therefore, the specifics of review are presented below. Section 38.19.110.E CONDITIONAL USE PERMIT; “Consideration and Findings for Conditional Use Permits” In addition to the plan review criteria contained in Section 18.34.100 below, the Review Authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. A Health and Exercise establishment does not appear to have impact which require special standards different from those already established in the R-O district and elsewhere in the UDC. Some related uses such as tennis courts which could be outdoors are subject to special standards in Article 22. 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. No probable adverse affects have been identified. All adjacent properties to Phase 1, and Phase 2A and 2B of Stoneridge are separated by roadways or a watercourse and associated buffer. The intensity of use will be constrained due to the present platting pattern of lots. A Health and Exercise establishment in this area will be limited in size due to the relatively small lot sizes in the subdivision. 3. That any additional conditions stated in the approval are deemed necessary to protect the 220 #Z-12066 Stoneridge PUD amendment CUP Staff Report 4 public health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of hours for certain activities; time period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; 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, no recommended project conditions as being needed to protect the public health, safety, and general welfare. A CUP document will be prepared incorporating all code provisions for recording to document the findings of any approval by the City Commission. Section 38.19.100 Plan Review Criteria In considering applications for plan approval under this title, the review authority and advisory bodies shall consider the following criteria: 1. Conformance to and consistency with the City’s adopted growth policy The site has developed as primarily a professional office area surrounded by a diversity of residential and non-residential uses. Through the previous site and CUP approvals, the City has given this project special consideration and the project has proven that it can co-exist in harmony with the surrounding uses. Therefore, the development proposal is in conformance with the Bozeman Community Plan including the Business Park Mixed Use land use designation. This development also seems to be consistent with the intent section of the R-O District (as referenced under the “Zoning Designation and Land Uses” section on page two of this report). The Business Park Mixed Use growth policy designation allows for a variety of service and support uses to the primary function as an area for offices and light manufacturing. A Health and Exercise establishment within the project area could provide a service to the surrounding employee base and could also serve others. As noted above in conditional use review criteria two the existing development pattern in the area will limit the scale and intensity of development to one consistent with an accessory level of activity. A review of the growth policy did not identify any points of conflict with the future land use map or text of the document and the proposed amendment. 2. Conformance to this title, including the cessation of any current violations Staff is not aware of any current violations on the subject property. 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. Some code requirements necessary to complete the process of the application have been identified and will need to be met before final approval. 1. All final PUD requirements, as outlined in UDC Section 38.41, shall be provided with the final PUD submittal, unless a waiver has been granted. Submittal of items 38.41.120.A.3&4 are not required to be submitted as they are not relevant to the present application. 221 #Z-12066 Stoneridge PUD amendment CUP Staff Report 5 2. A complete final PUD application shall be submitted to the Planning Department within one calendar year of the date the City Commission findings of fact are signed per Section 38.20.060.A.1. a. 3. Section 18.34.100.C states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 4. The final PUD shall comply with the standards identified and referenced in the Bozeman Municipal Code except where a deviation or other exception has been explicitly amended. 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. 5. Applicant shall provide with the final PUD application a written summary addressing on the conditions of approval have been met, both specific and code provisions outlined in the staff report, as well as related code provisions provided by the City Engineer’s Office and Planning Office. 3. Conformance with all other applicable laws, ordinances, and regulations The Final PUD documents will be reviewed to ensure compliance with this section. The plans will be further evaluated against the requirements of the International Building Code at the time application is made for a Building Permit. No non-conforming situations have been identified at this time. 4. Relationship of site plan elements to conditions both on and off the property No specific site plan is proposed at this time. This application only provides the potential to allow the use within the defined area. Any subsequent proposal to establish the use will be subject to the applicable review procedures of Chapter 38, Article 19. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions The anticipated parking and traffic demand from the Health and Exercise establishment is generally consistent with the intensity anticipated from the already existing uses in the R-O district. 6. Pedestrian and vehicular ingress and egress The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 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 allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 8. Open space 222 #Z-12066 Stoneridge PUD amendment CUP Staff Report 6 The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 9. Building location and height The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 10. Setbacks The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. Special standards exist in Section 38.22.200 to protect adjacent residential areas from development of associated facilities which may negatively impact the residences. 11. Lighting The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 12. Provisions for utilities, including efficient public services and facilities The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 13. Site surface drainage The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 14. Loading and unloading areas The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 15. Grading The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 16. Signage The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 17. Screening The allowance for an additional use does not affect this criterion. Any future site development will address this criterion. 18. Overlay district provisions The allowance for an additional use does not affect this criterion. The area is within the N. 19th and the Oak Street entryway corridors and is subject to those standards whether or not the present application is approved. 19. Other related matters, including relevant comment from affected parties No public comment has been received to date. 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: 223 #Z-12066 Stoneridge PUD amendment CUP Staff Report 7 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 to this application. 21. Compliance with Title 17 Chapter 2, BMC (Workforce Housing) Not applicable to this application which is solely related to non-residential activity. 22. Phasing of Development No phasing is proposed. THE BOZEMAN CITY COMISSION SHALL MAKE THE FINAL DECISION ON THIS DEVIATION. THE CONCURRING VOTE OF THREE MEMBERS OF THE COMMISSION IS NECESSARY TO APPROVE THIS APPLICATION. THE DECISION OF THE COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 38.35.080 OF THE BOZEMAN MUNICIPAL CODE. Attachments: Application materials Report Sent to: Stoneridge Properties LLC, 1091 Stoneridge Drive, Bozeman MT 59718 file 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343