HomeMy WebLinkAboutAnytime Fitness conditional use permit at 1143 Stoneridge, Z-12193
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: #Z-12193 – Anytime Fitness conditional use permit at 1143 Stoneridge
Drive.
MEETING DATE: September 10, 2012
AGENDA ITEM TYPE: Action (Quasi-Judicial Item)
RECOMMENDATION: Approve application Z-12193 with conditions and code requirements
as suggested by staff.
RECOMMENDED MOTION: “Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the findings
presented in the staff report for application Z-12193, and move to approve the conditional use
permit.”
BACKGROUND: The Stoneridge PUD allows Health and Exercise facilities as a conditional
use. This is a special allowance for this PUD which is zoned as Residential Office. The
Conditional Use Permit requests to use a portion of an existing building at 1143 Stoneridge
Drive. The site has been reviewed under the present zoning standards and is generally compliant.
It will be necessary to provide some site maintenance on parking lot striping and ADA sign. No
significant points of concern have been identified.
UNRESOLVED ISSUES: None
ALTERNATIVES: Approve, approve with conditions, or disapprove the application.
FISCAL EFFECTS: None
Attachments: Staff report
Application materials
Report compiled on: August 29, 2012
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#Z-12103 Bridger Brewing Company CUP and Zoning Variance Staff Report 1
City Commission Staff Report for the Anytime Fitness Conditional Use Permit (CUP) Application - #Z-12193
Item: A Conditional Use Permit to establish a health and exercise facility in an existing structure at
1143 Stoneridge Drive.
Property Owner and Applicant: Stoneridge Properties, LLC, 1091 Stoneridge Drive, Bozeman, MT
59718
Date: City Commission Meeting September 10, 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: Conditional Approval
______________________________________________________________________________
Project Location
The building where the subject tenant space is is located on the west side of Stoneridge Drive and is
addressed as 1143 Stoneridge Drive. The property is legally described as Lot 27, Stoneridge PUD
Subdivision Phase IIB, City of Bozeman, Gallatin County, Montana. The zoning designation for the
property is R-O (Residential Office District). Please refer to the vicinity map provided below.
Map 1
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#Z-12193 Anytime Fitness Conditional Use Permit Staff Report 2
Proposal
The Conditional Use Permit (CUP) is requesting to allow tenant improvement of a lease space in the
building addressed as 1143 Stoneridge Drive as a twenty-four hour health and fitness facility. There are
no proposed external site modifications. The original structure and site development were previously
reviewed and conform to City requirements.
The Development Review Committee reviewed the application and forwarded a recommendation of
approval, with Staff’s recommended conditions and code provisions, to the City Commission at their
public meeting on August 15, 2012.
Recommendation
Staff supports approval of the requested Conditional Use Permit. One condition is recommended, in
addition to the required code provisions noted within this report beginning on page 3.
Staff Recommended Conditions
Planning Conditions:
1. Upon submitting the Final Site Plan for approval by the Planning Director the applicant will also
submit at the same time a written narrative outlining how each of the code provisions cited in the
Staff Report have been satisfied or met.
Zoning Designation & Land Uses
The 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 area is covered by the Stoneridge Planned Unit Development. A health and exercise facility is not
normally allowed within the R-O zoning district. As a special term of the PUD a health and exercise
facility is allowed within the Stoneridge PUD as a conditional use.
The following land uses are adjacent to the subject property:
North: Developed lots. Office buildings, zoned R-O (Residential Office District).
South: Developed lots. Office buildings, zoned R-O (Residential Office District).
East: Developed lots. Office buildings and vacant lots, zoned R-O (Residential Office District).
West: Developed lots. An un-named watercourse/drainage swale and associated open space and single
household residences zoned (R-O Residential Office District and R-1 Residential Single Household
Low-Density District).
Adopted Growth Policy Designation
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#Z-12193 Anytime Fitness Conditional Use Permit Staff Report 3
The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop
as “Business Park Mixed-Use.” The “Business Park Mixed-Use” 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
Section 38.19.100 “Plan Review Criteria”
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 development proposal is in conformance with the Bozeman Community Plan including the Business
Park Mixed-Use land use designation.
2. Conformance to this chapter, including the cessation of any current violations;
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. The following code provisions must be
addressed in the final site plan submittal:
A. Section 38.19.110.F states 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 that all of the conditions shall constitute restrictions running with the land use, shall apply and
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.
B. Section 38.19.110.I. Termination/ Revocation of 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
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plan approval in section 38.19.130.
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.
C. Section 38.19.120 requires the applicant to submit seven (7) copies a Final Site Plan within 6
months of preliminary approval containing all of the conditions, corrections and modifications to be
reviewed and approved by the Planning Office.
D. Section 38.21.050.F 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.”
E. Section 38.23.150.D.7.a 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.
F. Section 38.23.150.D.7.b 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.
G. Section 38.23.150.D.7.c requires that all site lighting other than pathway intersection lighting
and security lighting all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall
be granted to those businesses which operate during these hours; such lighting may remain illuminated
only while the establishment is actually open for business.
H. Section 38.25.030 requires that required parking be maintained. The parking striping needs to be
refreshed and the correct sign placed for accessible parking.
I. Section 38.26.100, requires all installed landscaping to be maintained.
J. Section 38.39.030 requires that the applicant shall provide for private improvements certification
by the architect, landscape architect, engineer and other applicable professionals that all improvement
including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or
other requirement elements were installed in accordance with the approved site plan, plans and
specifications.
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K. Section 40.02.750 Protective Devices, In Accordance with the BMC Section 40.02.750 the
Water/Sewer Superintendent is requiring an inspection of your water service to determine whether the
water service has backflow protection and if such protection is installed that the device is appropriate for
the level of use for the facility. If the service has been found without backflow protection the applicant
will have a preventer and expansion tank installed. If the existing device does not provide adequate
protection, the applicant will be required to replace the preventer with a preventer that is designed to
provide adequate protection. Please call the Water Department’s Backflow specialist @ 582‐3200 to
arrange an inspection of the water service.
3. Conformance with all other applicable laws, ordinances, and regulations;
The final site plan application 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 (if required). No known violations of other standards have been identified.
4. Relationship of site plan elements to conditions both on and off the property;
The proposed use is external and no external changes are proposed. The proposed use is separated from
residential uses by other office uses in the western portion of the building and the Stoneridge PUD open
space corridor. No conflicts have been identified.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
No material impacts have been identified. Timing of use is likely to be spread over a greater range than
the previous office uses which will limit impacts. Increased parking demand of up to 10% is allowed
under Section 38.25.010.A.2.
6. Pedestrian and vehicular ingress and egress;
Vehicular and pedestrian access to the site will not be modified. Pedestrian ingress and egress is
provided by both sidewalk and trail connections. Vehicle access is from Stoneridge Drive
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;
Landscaping was addressed with the original site development and appears to be in conformance with
the originally approved plan.
8. Open space;
None required for this project. Overall open space was addressed during the original PUD review.
9. Building location and height;
The height and location of the building addition conforms to all height and setback standards. No
external changes are proposed.
10. Setbacks;
The provided yard setbacks meet the required minimum.
11. Lighting;
If any new lighting is added to the building, it must be shown on the final site plan submittal.
12. Provisions for utilities, including efficient public services and facilities;
Verification of back flow prevention is a code requirement as noted under item 2 above. No other items
have been identified.
13. Site surface drainage;
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No changes proposed or required.
14. Loading and unloading areas;
The addition will not impact loading and unloading areas.
15. Grading;
No grading is proposed.
16. Signage;
No signage is requested as part of this application. Signs presently exist at the site. Sign permits will be
required for any new signs.
17. Screening;
All proposed mechanical equipment shall be screened and shown on the final site plan submittal.
18. Overlay district provisions;
Not applicable.
19. Other related matters, including relevant comment from affected parties;
No public comment has been received to date. All comments received prior to the public hearing will be
forwarded to the City Commission.
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.
The site is subject to a common development plan.
21. Compliance with Chapter 10, Article 8, BMC (Workforce Housing)
Not applicable
22. Phasing of Development
Not applicable
Section 38.19.110 “Conditional Use Permit”
In addition to the review criteria of Section 38.19.110, 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.
No unique needs for this use have been identified.
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.
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Staff does not see the proposed use as having an adverse effect upon the abutting properties. The
building has been developed for several years. The health and exercise use is buffered from adjacent
non-residential properties. No external activities have been proposed.
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:
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.
No special conditions have been identified except one procedural item to verify compliance with
requirements of the municipal code.
Public Comment
As of the writing of this staff report, the Department of Planning has received no testimony from the
general public in response to the mailings, posting or newspaper notice regarding the requested variance
application. Any public comments received after the date of this report will be distributed to the City
Commission at the public hearing.
Conclusion/Recommendation
Staff has reviewed the Anytime Fitness Conditional Use Permit application and recommends to the City
Commission approval of said application with the recommended condition (beginning on page 2) and
code provisions (beginning on page 3) outlined in this staff report. Staff has identified various code
provisions that are applicable to this application. Some or all of these items are listed in the findings of
this staff report. The applicant must comply with all provisions of the Bozeman Unified Development
Code, Chapter 38 of the Bozeman Municipal Code, which are applicable to this project, prior to
receiving final 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.
Attachments:
Applicant’s Submittal Materials
Report Sent to:
Stoneridge Properties, 1091 Stoneridge Drive, Bozeman MT 59718
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