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December 11, 2002
Lowell Springer
Springer Group Architects, P.C.
201 South Wallace Avenue
Bozeman, MT 59715
Re: #Z-02077A Stoneridge CUP for Modifications to PUD guidelines
Dear Lowell,
At its December 9, 2002 public hearing, the Bozeman City Commission voted
unanimously 5-0, to conditionally approve the proposed Conditional Permit Application to allow
modifications to the Stoneridge PUD Development Guidelines. Where the document is ready,
please submit to the Planning Department a draft of the approved modifications to the
Development Guidelines. Should you desire, you can include them in its entirety with the total
Development Guidelines document. The Planning Director hereby grants approval contingent
upon satisfactorily meeting the following conditions:
Conditional Use Permit Specific Conditions:
1. Regarding the small animal vet clinic, this facility would only be allowed on the existing
Lot #5 of Stoneridge Phase 2A through a site plan review application. No other B-1 lot
within the Stoneridge Subdivision shall allow a small animal vet clinic as a permitted or
conditional use. In addition, the only animals that would be allowed to be kept overnight
are the animal “patients” needing care from that facility. No other animals may be
boarded overnight at this facility.
2. Regarding the building footprint limitation, buildings developed on B-1 zoned lots may
be allowed to exceed the building square footprint limitation up to a maximum of 10,000
square feet; however, no single tenant shall occupy more than 6,000 square feet in first
floor gross floor area, which would meet the intent of the B-1 district for small retail and
service activities.
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Street address: Alfred M. Stiff Professional Building 20 East Olive Street
Mailing address: P.O. Box 1230
Bozeman, Montana 59771-1230
Phone: (406) 582-2360
Fax: (406) 582-2363 E-mail: planning@bozeman.net World wide web: www.bozeman.net
Page 2
3. Exhibit LU (List of Uses) shall be noted, not by Phase, but by Zoning District. Those
proposed uses that already appear within the appropriate zoning district in the Bozeman
Zoning Ordinance shall be reviewed as either a permitted principal use or conditional use
as noted in the Bozeman Zoning Ordinance. Per Zoning District, the following will not be
allowed and shall be removed from the proposed list of uses:
B-1: Churches
Cigar and tobacco store
Wholesale establishments that use samples but do not stock on premises
R-O: Athletic Clubs and sports clubs
Churches
Private club, fraternity, sorority or lodge
Any uses allowed in the B-1 zoning designation
M-1: Casinos
B-2: List of proposed uses shall be deleted and replaced with: Any permitted
principal or conditional uses permitted under Section 18.30.020
R-3: List of proposed uses shall be deleted and replaced with: Any permitted
principal or conditional uses permitted under Section 18.20.020
4. Pertaining to R-O zoned lots, no building in which apartments are the single and primary
use will be allowed.
5. With regards to Lots 24 – 29 of Stoneridge Phase 2B, a combination of one and two-story
buildings will be encouraged. At least 50% of the total building footprint of any site plan
will be single story.
Planning Code Provisions:
6. All of the special conditions shall constitute restrictions running with the land use, shall
apply and be 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 Gallatin County Clerk and Recorder’s Office by
the property owner prior to the issuance of any building permits, final site plan approval,
or commencement of the conditional use.
7. The applicant must 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 Department.
8. 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.
Page 3
Sincerely,
Karin Caroline
Assistant Planner
LS/kc
cc: Don Cape, Cape-France, Inc., 2020 Charlotte Street, Bozeman, MT 59715
CITY COMMISSION STAFF REPORT FILE NO. Z-02077A
STONERIDGE PLANNED UNIT DEVELOPMENT
CONDITIONAL USE PERMIT TO AMEND THE PUD DEVELOPMENT GUIDELINES
ITEM: CONDITIONAL USE PERMIT APPLICATION #Z-02077A. AN
APPLICATION TO AMEND THE CURRENT PUD DEVELOPMENT
GUIDELINES ON PROPERTY ZONED A COMBINATION OF “B-1”
(NEIGHBORHOOD SERVICE), “R-O” (RESIDENTIAL OFFICE), “R-3”
(RESIDENTIAL MEDIUM DENSITY), “M-1” (LIGHT
MANUFACTURING), AND “B-2” (COMMUNITY BUSINESS)
REPRESENTATIVE: SPRINGER GROUP ARCHITECTS, P.C.
201 SOUTH WALLACE AVENUE
BOZEMAN, MT 59715
OWNER: CAPE-FRANCE, INC. 2020 CHARLOTTE STREET
BOZEMAN, MT 59718
DATE/TIME: CITY COMMISSION: 7:00 P.M. ON MONDAY, DECEMBER 9, 2002.
THE PUBLIC HEARING WILL BE HELD IN THE COMMISSION
MEETING ROOM OF CITY HALL, 411 EAST MAIN STREET,
BOZEMAN.
REPORT BY: KARIN CAROLINE, ASSISTANT PLANNER
RECOMMENDATION: CONDITIONAL APPROVAL
PROJECT LOCATION:
The subject property is described as the Stoneridge Planned Unit Development
Subdivision #1, #2, Phase 2A, Phase 2B, and Lots 1 and 2 of C.O.S. 2089 (phase 3), T2S,
R5E, PMM, City of Bozeman, Gallatin County, Montana and is generally located west of
North 19th Avenue, extending north from Durston Road to Baxter Lane, with a small
portion of the property being located at the southeast corner of the intersection of North
19th Avenue and Baxter Lane. The property is zoned a combination of “B-1”
(Neighborhood Service), “R-O” (Residential Office), “R-3” (Residential Medium
Density), “M-1” (Light Manufacturing), and “B-2” (Community Business). Please refer to
the vicinity map on the following page.
STONERIDGE CUP FOR PUD AMENDMENTS #Z-02077A 2
RECOMMENDED CONDITIONS OF APPROVAL
Based upon the following conditions and code provisions, the Planning Staff and the
Development Review Committee find the application is in general compliance with the Bozeman
Zoning Ordinance and Bozeman 2020 Community Plan. However, Staff does not support the
applicant’s request to allow for parking on one side of either Stoneridge Drive or Charlotte Street. Both
streets are private drives are approximately 26 feet wide. Emergency vehicles and city maintenance
trucks require a minimum of 20 feet. Staff does support the request to modify the building and parking
setback requirements to meet those of the current Bozeman Zoning Ordinance and the North 19th
Avenue/Oak Street Corridor Master Plan. Notwithstanding the specific conditions outlined below, staff
supports the applicant’s request for modifications to the PUD development guidelines.
Therefore, the staff recommends approval of Zoning Application #Z-02077A contingent upon
compliance with the Zoning Ordinance and the following conditions:
Planning Site Specific Conditions:
1. Regarding the small animal vet clinic, this facility would only be allowed on the existing Lot #5 of
Stoneridge Phase 2A through a site plan review application. No other B-1 lot within the Stoneridge
Subdivision shall allow a small animal vet clinic as a permitted or conditional use. In addition, the
only animals that would be allowed to be kept overnight are the animal “patients” needing care
from that facility. No other animals may be boarded overnight at this facility.
2. Regarding the building footprint limitation, buildings developed on B-1 zoned lots may be allowed
to exceed the building square footprint limitation up to a maximum of 10,000 square feet; however,
no single tenant shall occupy more than 6,000 square feet in first floor gross floor area, which
would meet the intent of the B-1 district for small retail and service activities.
STONERIDGE CUP FOR PUD AMENDMENTS #Z-02077A 3
3. Exhibit LU (List of Uses) shall be noted, not by Phase, but by Zoning District. Those proposed uses
that already appear within the appropriate zoning district in the Bozeman Zoning Ordinance shall
be reviewed as either a permitted principal use or conditional use as noted in the Bozeman Zoning
Ordinance. Per Zoning District, the following will not be allowed and shall be removed from the
proposed list of uses:
B-1: Churches
Cigar and tobacco store
Wholesale establishments that use samples but do not stock on premises
R-O: Athletic Clubs and sports clubs
Churches
Private club, fraternity, sorority or lodge
Any uses allowed in the B-1 zoning designation
M-1: Casinos
B-2: List of proposed uses shall be deleted and replaced with: Any permitted principal
or conditional uses permitted under Section 18.30.020
R-3: List of proposed uses shall be deleted and replaced with: Any permitted principal
or conditional uses permitted under Section 18.20.020
4. Pertaining to R-O zoned lots, no building in which apartments are the single and primary use will
be allowed.
5. With regards to Lots 24 – 29 of Stoneridge Phase 2B, a combination of one and two-story buildings
will be encouraged. At least 50% of the total building footprint of any site plan will be single story.
Planning Code Provisions:
6. All of the special conditions shall constitute restrictions running with the land use, shall apply and
be 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 Gallatin County Clerk and Recorder’s Office by the property owner prior to the issuance of
any building permits, final site plan approval, or commencement of the conditional use.
7. The applicant must 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 Department.
8. 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.
STONERIDGE CUP FOR PUD AMENDMENTS #Z-02077A 4
ADJACENT LAND USES AND ZONING
NORTH: “B-2” (Community Business); undeveloped Gallatin Center
EAST: “B-2” (Community Business); Bridger Peaks Town Center; Wagon Wheel
Mobile Home Park; “R-O" (Residential Office) – Undeveloped and developed
land with professional offices
SOUTH: “R-3A” (Residential Two Family, Medium Density) and “R-3” (Residential
Medium Density – West Park Manor subdivision
WEST: “R-2A” (Residential Single Family, Medium Density) – Brentwood Subdivision;
“R-O” (Residential Office)
PROPOSAL/BACKGROUND
Application has been made for a conditional use permit to allow modifications to the previously
approved Stoneridge Planned Unit Development developmental guidelines. The original PUD was
approved in 1999 and since that time, there appears to have been some confusion as to what was and
was not approved with the original PUD application. Therefore, Staff recommended the applicant bring
back proposed PUD amendments to clarify some earlier issues.
The applicant is generally requesting the following modifications to the Development Guidelines:
1. To allow buildings within B-1 zoned lots to exceed the 5,000 square footprint
limitation;
2. To allow particular uses within different zoning districts other than those which are
allowed as part of the Bozeman Zoning Ordinance;
3. To change the building setback requirements for each zoning district to match those of
the current Bozeman Zoning Ordinance;
4. To allow the continuation of the 35-foot stream setback as previously approved with the
original PUD;
5. To allow a small animal vet clinic as a permitted principal use on B-1 zoned Lot #5 of
the Stoneridge PUD subdivision;
6. To encourage the use of joint access driveways;
7. To allow lots having their property lines along Stoneridge Drive (Lots 5 – 8) be able to
measure their building and parking setbacks from back of curb;
8. To allow parking on one side of both Charlotte Street and Stoneridge Drive, both
private drives;
9. To restrict apartment buildings on R-O lots; and
10. To limit one and two-story buildings on Lots 24 –29 of Stoneridge Subdivision, Phase
2B.
STAFF FINDINGS
The City of Bozeman Planning Office has considered the application for a Conditional Use Permit
against the criteria set forth in Sections 18.52 and 18.53.030 of the Zoning Ordinance, and as a result
offers the following summary review comments below. The findings outlined in this report includes
comments and recommended conditions provided by the Development Review Committee (DRC) and
other applicable agencies during their review of the application.
STONERIDGE CUP FOR PUD AMENDMENTS #Z-02077A 5
Section 18.53.030 City Commission Consideration and Findings
In approving a Conditional Use Permit application, the City Commission shall consider the criteria set in
Section 18.53.030 of the Zoning Ordinance and find 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.
The Stoneridge PUD Subdivision is more than adequate in size and topography to accommodate
such modifications, and all yards, spaces, walls, and fences, parking, loading and landscaping are
adequate to properly relate such modifications with the land and uses in the vicinity. All previously
approved lots and future lots will be required to undergo further site plan review which will
determine requirements for setbacks, landscaping, parking, etc. which will ensure compliance with
current code or PUD requirements.
2. That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
The adjacent streets and highways are adequate in width and pavement type to accommodate future
development of approved lots within the Stoneridge subdivision. However, Charlotte Street and
Stoneridge Drive (south of North 22nd Avenue) are too narrow (26 feet) to accommodate the
requested modification to allow parking on one side of both or either of these streets. For those
businesses located near these two streets, there is an arrangement with the Fellowship Baptist
Church to allow use of their large parking lot as an “overflow lot”.
3. That the proposed use will have no adverse effect upon the abutting property.
No adverse effects upon abutting property have been found. Two of the proposed amendments (#9
and #10 as noted above in the proposal/background section) positively affect the adjacent
properties within the Brentwood Subdivision to the west by placing restrictions on type of
development and securing viewsheds.
4. The proposed use shall be in conformance with the Bozeman 2020 Community Plan.
The majority of lots are in conformance with the Bozeman 2020 Community Plan. As Phase 3
develops which is currently zoned R-3 (Residential Medium Density), the northwest corner of Oak
Street and North 19th Avenue will need to be rezoned to B-1 (Neighborhood Service) to be in
conformance with the Bozeman 2020 Community Plan. That area would be approximately 7 acres
in size and will need to undergo further subdivision review.
STONERIDGE CUP FOR PUD AMENDMENTS #Z-02077A 6
5. That the conditional use has complied with all conditions stipulated in 18.50.
Based on the information and data provided in the application for a Conditional Use Permit, and
recommended conditions of approval by the DRC, the conditional use application would comply
with the all conditions stipulated in Chapter 18.50.
6. 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 not be limited to:
a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and
walls; d. Surfacing of parking areas; e. Required street, service road or alley dedications and
improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations, odors; j. Regulation of hours for certain activities; k. Time period within which
the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access
rights; and n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
Further site plan review and/or subdivision review will address these areas of concern with relation
to public health, safety, and general welfare; The City Commission may conclude that there are
other conditions necessary to protect the public health, safety, and general welfare.
CONCLUSION
The Development Review Committee (DRC) and other applicable review agencies have considered the
application for a Conditional Use Permit to amend the PUD development guidelines, #Z-02077A against
the criteria set forth in Sections 18.52.030.F and 18.53 of the Zoning Ordinance; and as a result, have
recommended conditional approval of said application with the conditions outlined at the beginning of this
staff report.
The applicant must comply with all provisions of the Bozeman Municipal Code, 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 a condition 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 BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS
APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS
SET FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING ORDINANCE MAY APPEAL THE DECISION OF THE CITY COMMISSION.
Attachments: Conditional Use Permit submittal
7
cc: Lowell Springer, Springer Group Architects, P.C., 201 South Wallace Avenue, Bozeman, MT
59715
Cape-France, Inc., 2020 Charlotte Street, Bozeman, MT 59718