HomeMy WebLinkAboutF3 Z-06153.StoneridgeSquareRenewPlan.CCpacket.9-11-2006 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Stoneridge Square Retail 1(Sportsman's Warehouse) Renewal Plan,#Z-06153
MEETING DATE: Monday, September 11, 2006 (Consent Agenda)
BACKGROUND: On Monday, December 5, 2005 the City Commission voted 3 to 2 to
conditionally approve a Conditional Use Permit for Stoneridge Square Planned Unit Development
(PUD). Retail 1 (Sportsman's Warehouse) of Stoneridge Square PUD was approved for 47,000
square feet as a"Large Scale Retail," defined in Section 18.80.2630 as: "The sale of tangible personal
property for any purpose other than for resale where the total area utilized by a single tenant,
exclusive of parking, occupies 40,000 square feet or more." The developers of Stoneridge Square
wish to proceed with Final PUD approval and one of the requirements is a renewal plan as
described in Section 18.40.180.D,BMC, subject to City Commission review and approval.
The review criteria from Section 18.40.180.D include the following:
1. Applications for large scale retail development shall include a renewal plan that will afford
maximum opportunity, consistent with the sound needs of the municipality as a whole, for the
rehabilitation or redevelopment of the structure in the event of closure or relocation by the
original occupant. Such plan will be approved if the City Commission finds that:
a. The plan conforms to the City's growth policy and the requirements of this title or parts
thereof for the municipality as a whole;
b.A sound and adequate plan exists for said redevelopment;
c. The plan affords maximum opportunity for rehabilitation or redevelopment of the
structure by both private enterprise and the City;and
d.The renewal plan provides a maintenance plan for normal repairs and upkeep of property,
including but not limited to building, parking lot and surfacing, landscaping, signage and
elimination of legible impressions, images, or remnants of signs remaining on a building or
sign surface after the use for which the sign was permitted ceases to operate.
2. The City may enter into a development agreement with the owner of the real property and
undertake activities, including the acquisition, removal or demolition of structures,
improvements or personal property located on the real property, to prepare the property for
redevelopment. A development agreement entered into in accordance with this section must
contain provisions obligating the owner to redevelop the real property for a specified use
consistent with the provisions of this title and offering recourse to the City if the redevelopment
is not completed as determined by the City.
The applicant has submitted a draft document entitled "Vacancy Mitigation Procedures." Staff has
reviewed the document and the existing and proposed covenants. Staff believes these materials
address the intent and letter of the ordinance requirements. Staff does not believe that funds for
redevelopment are necessary because the retail space is part of a larger Planned Unit Development
with multiple tenants and a property owner's association that would take care of trash clean-up and
landscaping regardless of the occupancy of Retail 1.
RECOMMENDATION: That the City Commission approve the Vacancy Mitigation Procedures.
FISCAL EFFECTS: No direct impacts were identified. There will be costs and revenues from the
development of the store.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Susan Kozub at skozubEwbozeman.net if you have any
questions prior to the public hearing.
Respe fully submitted,
Andrew Epple,Plannin ector Chris hukulski, City Manager
Attachments: Applicant Submittal Materials including:
-Vacancy Mitigation Procedures
-Landscape Plan
- Retail 1 Elevations
Report compiled on February 15, 2006
Vacancy Mitigation Procedures for Building#1
In the event that Building#1 should, at any time (or times) after its initial occupation be
permanently vacated by any occupant,the owner or owners or occupant thereof (as
appropriate) shall implement the following building vacancy mitigation procedures:
1. The exterior of the building, associated parking lot and private drive, storm water
system, outside lighting, landscaping and irrigation system shall continue to be
maintained, secured repaired or replaced in the same manner as when the building
was occupied. This structure is a portion of a multi-tenant commercial
development known as Stone Ridge Square, and is subject to the DEC of Stone
Ridge Square,which requires a high standard of upkeep,regardless of the
occupancy status of the building. That DEC will require that all exterior of the
building is maintained, the landscaping is maintained, and all other functions of
the lot are maintained for the benefit of the other users.
2. All exterior business signs shall be removed and exterior building surfaces shall
be repaired and repainted, as needed, to provide a neat appearance within 90 days
after the property becomes vacant.
3. Trash and litter shall be removed on a regular basis at least once a week_
4. Should the building be permanently vacated by any occupant for a period longer
than 6 months for any reason other than fire or some other casualty or a force
majeure event, or alterations,remodeling, additions and/or similar construction
activities, then the owner or owners or occupant of the building(as appropriate)
shall thereafter implement with reasonable dispatch commercially reasonable
efforts which are designed to cause the building to be reoccupied and devoted to
any use or uses permitted in the Stone Ridge Square Planned Unit Development.
5. The owners of the building will look first for a buyer, lessee or a user that desires
the entire building for a use that is compatible with the PUD. The second strategy
will be to demise the building for a multi-tenant reuse or find a buyer that desires
to demise the building for multi-tenant reuse The Sportsman's Warehouse
building is of such design and character that it may be demised into multiple
functioning building units. Demising the space will require modifications to
portions of the heating, lighting, ventilation and fire sprinkler system components
to adapt the building to reuse. These modifications and adaptations are subject to
building permit approval at the time of building reuse.
6. Every lot in the Stone Ridge Square Planned Unit Development, including the
uses anticipated by this vacancy mitigation plan, shall be used only for retail and
wholesale sales and service businesses and other sues allowed in the B2 zoning
district, including but not limited to retail and wholesale uses, entertainment and
recreational uses,health and exercise uses, wholesale storage and warehousing,
technology/research uses, auto,boat and recreational vehicle sales and service.
7. All or a portion of Building 1,Parcel 8 maybe used for any permitted use as
allowed under the USE RESTRICTIONS of the Easements, Covenants,
Conditions and Restrictions (ECCR's)between the Stone Ridge Square partners.
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