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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
July 27, 2012
C&H Engineering
1091 Stoneridge Drive
Bozeman MT 59718
RE: Stoneridge PUD Amendment to Use Application (#Z-12066)
Dear Mr. Chandler:
The final site plan for the above-referenced application has been approved by the Planning Director.
Health and Exercise Establishments are now allowed as a conditional use in the area of Phases 1, 2A and 2B of the Stoneridge PUD which is zoned as R-O. Applications for such may be submitted at any time.
If you have any questions, please don’t hesitate to contact me.
Respectfully,
Chris Saunders
Assistant Director
cc: Stoneridge Subdivision PUD Owners Association c/o Don Cape, 2020 Charlotte Street,
Bozeman MT 59718
file
#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.
#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
East: Offices and vacant, manufactured homes, R-O and unannexed Gallatin County area
#Z-12066 Stoneridge PUD amendment CUP Staff Report 3
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
criteria 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
public health, safety and general welfare. Such conditions may include, but are not limited to:
#Z-12066 Stoneridge PUD amendment CUP Staff Report 4
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 seem 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.
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.
#Z-12066 Stoneridge PUD amendment CUP Staff Report 5
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 criteria. Any future site development will address this criteria.
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 criteria. Any future site development will address this criteria.
8. Open space
The allowance for an additional use does not affect this criteria. Any future site development will
address this criteria.
#Z-12066 Stoneridge PUD amendment CUP Staff Report 6
9. Building location and height The allowance for an additional use does not affect this criteria. Any future site development will
address this criteria.
10. Setbacks The allowance for an additional use does not affect this criteria. Any future site development will
address this criteria. 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 criteria. Any future site development will
address this criteria.
12. Provisions for utilities, including efficient public services and facilities The allowance for an additional use does not affect this criteria. Any future site development will address this criteria.
13. Site surface drainage
The allowance for an additional use does not affect this criteria. Any future site development will address this criteria.
14. Loading and unloading areas
The allowance for an additional use does not affect this criteria. Any future site development will
address this criteria. 15. Grading The allowance for an additional use does not affect this criteria. Any future site development will
address this criteria.
16. Signage The allowance for an additional use does not affect this criteria. Any future site development will
address this criteria.
17. Screening The allowance for an additional use does not affect this criteria. Any future site development will address this criteria.
18. Overlay district provisions
The allowance for an additional use does not affect this criteria. The area is within the N. 19th and the Oak Street entryway corridors and are 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:
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
#Z-12066 Stoneridge PUD amendment CUP Staff Report 7
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