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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
MEMORANDUM
TO: Bob Murray, Project Engineer
John Alston, Water/Sewer Superintendent
Neil Poulsen, Chief Building Official (2 copies)
Greg Megaard, Fire Marshall
FROM: Lanette Windemaker, Contract Planner
DATE: November 19, 2004
RE: Village Downtown (Townhouses) Approved Final Site Plans, #Z-03134
Attached, please find approved Final Site Plans for the above referenced project. The original one is
dated 8/24/04 and the amendment is dated 11/19/04. I must have forgotten to send out the orginal. If
you do not wish to keep a copy, please return it to me.
Two (2) signed originals of the Final Site Plan have been forwarded to the City of Bozeman Building
Department, who may proceed with accepting the application for a building permit and complete their
review of the project. One (1) copy of the Final Site Plan is for the Building Department files and one
(1) will be attached to the approved building permit application for the builder, which must be
kept on the site during construction of the project.
Building Division: Because this project does NOT involve public infrastructure, you do not need to
route out the building permit (except for impact fees) as long as it is the same as the approved
Final Site Plan.
cc: The Village Investment Group, Inc., 101 East Main Street, Bozeman, MT 59715
Bitnar Architects, 502 S. Grand Avenue, Bozeman, MT 59715
C&H Engineering and Surveying, 205 Edelweiss Drive, Bozeman, MT 59718
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 1
CITY COMMISSION STAFF REPORT FILE NO. Z-03134
THE VILLAGE DOWNTOWN PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAN
ITEM: ZONING APPLICATION #Z-03134. A PLANNED UNIT
DEVELOPMENT PRELIMINARY PLAN APPLICATION FOR
THE VILLAGE DOWNTOWN TO ALLOW CONSTRUCTION
OF 32 TOWNHOUSE UNITS. THE PROPERTY, LOCATED
EAST OF NORTH BROADWAY AVENUE AT EAST
MENDENHALL EXTENDED, IS LEGALLY DESCRIBED AS A
PORTION OF LOT 1, AMENDED PLAT C-23-A10. THE
PROPERTY IS ZONED “R-O” (RESIDENTIAL OFFICE
DISTRICT).
APPLICANT: THE VILLAGE INVESTMENT GROUP, INC., C/O MIKE
DELANEY, 101 EAST MAIN STREET, BOZEMAN, MT 59715
OWNER: BRC INVESTMENTS, 103 BLACKTAIL COURT, BUTTE, MT
59701
REPRESENTATIVE: C & H ENGINEERING AND SURVEYING, INC., 205
EDELWEISS DRIVE, BOZEMAN, MT 59718
ARCHITECT: BITNAR ARCHITECTS, 502 S. GRAND AVE., BOZEMAN,
MT 59715.
DATE/TIME: CITY COMMISSION: 7:00 P.M. ON MONDAY, AUGUST 18,
2003 IN THE COMMISSION MEETING ROOM OF CITY
HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA
REPORT BY: LANETTE WINDEMAKER, AICP; CONTRACT PLANNER
RECOMMENDATION: CONDITIONAL APPROVAL
1. Project Description:
The property, located east of North Broadway Avenue at East Mendenhall extended, is legally
described as a portion of Lot 1, Amended Plat C-23-A10, City of Bozeman, Montana. Please refer to
the vicinity map on the following page.
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 2
RECOMMENDED CONDITIONS OF APPROVAL
The Bozeman Development Review Committee (DRC) and the Design Review Board (DRB) have
reviewed the Preliminary Plan for a Planned Unit Development against the criteria set forth in
Section 18.52, 18.53 and Section 18.54 of the Zoning Ordinance. Based on the evaluation of said
criteria and findings by the Planning Staff, staff recommends the following conditions of approval
and code provisions to the City Commission:
PUD Plan Specific Conditions:
Planning:
1. A detailed landscape plan in accordance with Section 18.49 “Landscaping” shall be provided
with the Final Site Plan for review and approval by the Planning Office. All common landscaped
areas, including trees, shall have an automatic irrigation system.
2. All boulevard trees must be located outside the street vision triangle. Applicant shall obtain the
necessary boulevard tree permits from the Forestry Division.
3. A materials sample board and color palette shall be provided with the Final Site Plan for review
and approval by the Planning Office.
4. The Covenants shall describe any fencing (backyard walls, privacy fences, etc.) allowed in the
subdivision, including type, height, color, extent, and maintenance.
5. The Covenants under Article V, Architectural Control, shall note that the Board of Directors or
Architectural Committee approval letter must be attached to all City of Bozeman building permit
applications, and shall note that construction may not commence without the approval of the City
of Bozeman Building Division and necessary permits obtained and fees collected.
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 3
6. In addition to conformance with Section 18.50.035 of the Bozeman Zoning Ordinance, all
outdoor lighting, residential, commercial or otherwise, shall be free of glare, and shall be fully
shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property’s lot
line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be
permitted. Alley lights shall be fully shielded lights. Covenants of the development shall reflect
these restrictions. For purposes of this paragraph, the following definitions shall apply:
a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays
are emitted by the installed fixture at angles above the horizontal plane as certified by a
photometric test expert;
b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer’s
ability to see, and in extreme cases, causing momentary blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-
made device located outdoors that produces light by any means.
7. No rooftop or ground-mounted mechanical equipment shall be visible from adjacent properties
and public streets. All mechanical equipment shall be completely screened from view and
depicted as such on the final site plan. Any proposed rooftop mechanical equipment shall be
incorporated into the roof form as an architectural feature that incorporates similar materials and
elements as that of the building and all ground or wall mounted equipment shall be completely
screened from view, prior to temporary occupancy being issued for the building. In order to
screen wall and/or ground-mounted mechanical equipment, the Planning Office will accept the
installation of a wall constructed of materials matching the building or the installation of
evergreen shrubs planted at a height to obscure the equipment.
8. Any proposed subdivision signs (identification signs) must obtain sign permit approval through
the Planning Department and are subject to Section 18.65.
9. The applicant shall be allowed one (1) temporary sign during construction. This sign shall be a
maximum of thirty-two square feet and contain all necessary and desired information (i.e. names
of developer, real estate agency, contractor, financial institution, etc.). The applicant shall obtain
the necessary sign permit through the Planning Department.
Planning Standard Conditions:
10. 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 Office.
11. A Building Permit must be obtained prior to the work, and must be obtained within one year of
Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is
approved. Minor site surface preparation and normal maintenance shall be allowed prior to
submittal and approval of the Final Site Plan, including excavation and footing preparation, but
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 4
NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
12. The applicant shall enter into an Improvements Agreement with the City to guarantee the
installation of required on-site improvements at the time of Final Site Plan submittal. If
occupancy of the structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security equal to
one and one-half times the amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less than twelve (12) months;
however, the applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
PROPOSAL/BACKGROUND
Application has been made for a Preliminary Plan review of the Village Downtown Planned Unit
Development to allow the development of 32 townhouse units with garage access from private alleys
at the rear of each lot on 8 acres located east of North Broadway Avenue at East Mendenhall
Avenue extended, approximately 2000 feet north of East Main Street. This application is being
processed concurrently with the required subdivision preliminary plat #P-03021. The subject
property is zoned “R-O” (Residential Office District).
The townhouse lots will occupy 42% of the subject property. The remaining portion of the subject
property is in common ownership: consisting of private alleys, open space, and a public trail. The
2020 Plan and Bozeman Area Transportation Plan show possible future trail corridors generally as
shown on this plan along the old railroad berm and trestle. The trail is required to be developed
as a Class II trail under condition of approval # 4 of the minor subdivision approved August 5, 2002.
The necessary Environmental Assessment and Community Impact Statement have been submitted
with the preliminary plan application. Included in the preliminary plan application was a traffic
report prepared for the subdivision, which addresses traffic concerns on surrounding streets and
improvements to these streets.
The applicant is requesting the following relaxations from the Bozeman Zoning Ordinance:
Section 18.26.020 (Permitted Uses) To allow permitted uses to include townhouse
clusters, not to exceed seven units, based on similarity of uses to apartment building and
multi-family dwellings;
Section 18.26.030 (Lot Area and Width) To allow lot areas to be reduced from 5,000
square feet to 4,680 square feet, and lot widths to be reduce from 50 feet to 36 feet to provide
higher density within the core of Bozeman without taking away from the open space and
quality of landscaping;
Section 18.26.040 (Lot Coverage) To allow lot coverage to be increased from 40% to
55% to provide higher density for increase convenience for residents and allow for more
usable open space;
Section 18.26.050 (Yards) To allow the front yard setback to be reduced to 15’, the rear
yard setback to be reduced to 10’, and the side yard setback to be reduced to 0’ enabling the
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 5
townhouses to be cluster tightly together providing more usable open space and higher
density within the downtown area;
Section 18.26.060 (Building Height) To allow the maximum building height to be
increased from 38’ to 40’ to accommodate chimney feature as a characteristic architecture
feature;
Section 18.50.060.C (Special Yard Setbacks) To allow the corner side yard to be provided
by common open space to provide higher density within the core of Bozeman without taking
away from the open space and quality of landscaping; and
Section 18.50.100.A (Public Street Frontage Required) to allow the public street
frontage on 4 lots to be reduce to 0’ with alleys to allow an alternative design.
Concurrent Construction – The applicant is requesting concurrent construction under Section
18.50.030.D (Water and Sanitary Sewer System Requirements).
Streets and Traffic Calming Measures – The subdivision would take access from East Mendenhall
Street extended on the east side of North Broadway Avenue with the provision of a “boulevard-like”
street with a landscaped center median, ending at a cul-de-sac with an emergency access easement to
the northwest. The proposed dwelling units would have pedestrian access from city standard streets
and vehicular access from improved alleys.
Open Space/Park Areas – Approximately 50% of the property is in open space, with the trail
comprising about 14% of the open space.
Dwelling Densities – This proposal for 32 townhouse units will have a density of 4 dwelling units
per acre.
ADJACENT LAND USES & ZONING
The subject property is zoned “R-O” (Residential Office District). A grouping of old barns exist
on the subject property.
North: “M-1” (Light Manufacturing) – vacant; railroad right-of-way
“R-4” (Residential High Density) – vacant
East: “M-1” (Light Manufacturing) – undeveloped land containing active wetlands
South: “B-2” (Community Business) – various businesses along East Main Street
West: “R-3A” (Residential Two-Family, Medium Density) – various residences
“M-1” (Light Manufacturing) – various businesses
APPLICABLE REVIEW CRITERIA
In approving a Planned Unit Development 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 proposed use shall be in conformance with the Bozeman growth policy.
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 6
The property is currently designated Residential in the Bozeman 2020 Community Plan. The ‘R-O’
zoning designation is consistent with the Residential land use designation of the property. This
category designates places where the primary activity is urban density living quarters. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. The dwelling unit density expected within this
classification varies. It is expected that areas of higher density housing would be likely to be located
in proximity to commercial centers to facilitate the broadest range of feasible transportation options
for the greatest number of individuals and support businesses within commercial centers. Low
density areas should have an average minimum density of six units per net acre. A variety of
housing types should be blended to achieve the desired density with large areas of single type
housing being discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower density
than normally expected within this classification. All residential housing should be arranged with
consideration given to the existing character of adjacent development, any natural constraints such as
steep slopes, and in a fashion which advances the overall goals of the Bozeman 2020 Community
Plan.
Compatibility with adjacent land uses and zoning is required. The proposed PUD plan would meet
the intent of and be compatible with adjacent land uses and zoning. The proposed PUD would be in
conformance with the Bozeman 2020 Community Plan.
2. That the conditional use has complied with all requirements of this title.
This Planned Unit Development application for a low-density residential development includes a
request for the following relaxations from the Bozeman Zoning Ordinance:
Section 18.26.020 (Permitted Uses) To allow permitted uses to include townhouse
clusters, not to exceed seven units, based on similarity of uses to apartment building and
multi-family dwellings;
Section 18.26.030 (Lot Area and Width) To allow lot areas to be reduced from 5,000
square feet to 4,680 square feet, and lot widths to be reduce from 50 feet to 36 feet to provide
higher density within the core of Bozeman without taking away from the open space and
quality of landscaping;
Section 18.26.040 (Lot Coverage) To allow lot coverage to be increased from 40% to
55% to provide higher density for increase convenience for residents and allow for more
usable open space;
Section 18.26.050 (Yards) To allow the front yard setback to be reduced to 15’, the rear
yard setback to be reduced to 10’, and the side yard setback to be reduced to 0’ enabling the
townhouses to be cluster tightly together providing more usable open space and higher
density within the downtown area;
Section 18.26.060 (Building Height) To allow the maximum building height to be
increased from 38’ to 40’ to accommodate chimney feature as a characteristic architecture
feature;
Section 18.50.060.C (Special Yard Setbacks) To allow the corner side yard to be provided
by common open space to provide higher density within the core of Bozeman without taking
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 7
away from the open space and quality of landscaping; and
Section 18.50.100.A (Public Street Frontage Required) to allow the public street
frontage on 4 lots to be reduce to 0’ with alleys to allow an alternative design.
The intent of planned unit development concept is to promote maximum flexibility and innovation in
the development of land and the design of development projects within the city. The Design Review
Board and Administrative Design Review staff considered the request against the merits of the
proposal; and as a result, determined that a relaxation of the standards will produce an environment,
landscape quality, and character superior to that produced by the existing regulatory standards.
Based on the information and data provided in the application for a Planned Unit Development
Preliminary Plan, and recommended conditions of approval by the DRC and DRB, the planned unit
development application will comply with the all conditions stipulated in Chapter 18.50.
3. 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 proposed PUD has ample room throughout the 8 acres to accommodate the proposed dwelling
units and open space/park areas.
4. 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 proposed PUD would take access from East Mendenhall Street extended on the east side of
North Broadway Avenue with the provision of a “boulevard-like” street with a landscaped center
median, ending at a cul-de-sac with an emergency access easement to the northwest. The proposed
dwelling units would have pedestrian access from city standard streets and vehicular access from
improved alleys.
5. That the proposed use will have no adverse effect upon the abutting property.
No adverse effects upon abutting property have been noted. There is a combination of residential,
commercial and industrial uses adjacent to this property. There may be future residential
development to the north on the property zoned R-4.
The Mill Ditch Diversion runs through the southwest corner of the property and borders the property
on the west and north sides. The ability of the Mill Ditch Diversion to transport agricultural water
will not be adversely impacted. A portion of the stormwater will be retained in detention ponds prior
to being transferred to the Mill Ditch diversion. Design and specifications for this have been
provided to the Engineering Department.
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 are not limited
to: a) Regulation of use; b) Special yards, spaces and buffers; c) Special fences, solid fences,
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 8
and walls; d) Surfacing of parking areas; e) Requiring 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; n) Other such conditions as will make possible the development of the City in an
orderly and efficient manner.
The recommended conditions of approval provided by the DRC and DRB are provided at the
beginning of this staff report.
Section 18.54 “Planned Unit Development Criteria”
In approving a Planned Unit Development, the City Commission is charged with finding that criteria
outlined in Section 18.54.100 are adequately addressed and may consider any conditions deemed
necessary to protect public health, safety and welfare. Planning staff has evaluated the application
against the applicable Planned Unit Development review criteria and offers the following summary
review comments below.
All Development
1. Is the development compatible with, and sensitive to, the immediate environment of the
site and the adjacent neighborhoods relative to architectural design, building bulk and height,
neighborhood identity, landscaping, historical character, orientation of buildings on the site
and visual integrity?
The layout of the PUD, both the lots and street system, is sensitive to the immediate environment
2. Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, sanitary supply, fire protection, flood
hazard areas, telephone, cable television, trails/walks/bike ways, irrigation companies,
electricity, natural gas, storm drainage, streets?
The project, through subdivision review, generally complies with all city design standards.
3. Does the project preserve or replace existing natural vegetation?
The proposed development will mitigate the noxious weed problem on this property and replace
natural vegetation.
4. Have special precautions been taken to preserve existing wildlife habitats, natural
wildlife food services, or existing places, or are these areas being preserved?
There are no critical or significant wildlife populations on or adjacent to the site.
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 9
5. If the proposed project is located within a locally designated historical district or
includes a locally designated landmark structure, is the project in conformance with the city's
Historic Preservation Ordinance?
The Historic Preservation Office conducted research into the proposed site to determine the historic
value of the site and existing buildings, and provided recommendations dated July 12, 2002.
Historic Preservation Office recommendations:
1. That the proposed main roadway through the development be named in recognition of its
historic past. Options to consider include: Gallatin Mill Road, McAdow Road and Mill
Creek Road.
2. That a ground-mounted plaque providing an overview of the site’s important historic past be
constructed as a prominent, pedestrian-oriented area at the site. Such a plaque should include
the mill etchings as well as a historic narrative of the site.
The recommendation for the plaque is condition of approval #30 of the minor subdivision that was
approved August 5, 2002.
6. Is the exterior lighting, except for warning, emergency or traffic signals, installed in
such a manner that the light source is obscured to prevent excessive glare on public streets and
walkways or into any residential area?
The PUD proposes to light street and significant pedestrian intersections. The proposed street
lighting would be meet with the city’s standards. Condition # 6 address lighting concerns with
regards to glare and preservation of dark sky.
7. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) arranged on the site so that activities are integrated with the organizational
scheme of the community and neighborhood?
Overall, the PUD is arranged to integrate itself with the adjacent developing neighborhoods.
8. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally organized, and
cohesive planned unit development?
The PUD is designed to produce an efficient and cohesive development.
9. Is the design and arrangement of elements of the site plan (e.g., buildings circulation,
open space and landscaping, etc.) in harmony with the existing natural topography; natural
water bodies and watercourses; existing vegetation?
The design of the planned unit development not only preserves, but enhances the adjacent Mill Ditch
Diversion.
10. Does the design and arrangement of elements of the site plan (e.g. building construction,
orientation, and placement: transportation networks, selection and placement of landscape
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 10
materials; and/or use of renewable energy sources, etc.) contribute to the overall reduction of
energy use by the project?
The primary energy saving aspect of this PUD project is the internal pedestrian circulation with
sidewalks, pathways, and trail system.
11. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of the
project?
Within the PUD, the open space areas are very accessible to the general public, and while the
residences abut the open space areas, the design of the townhouse units provide privacy to the
residences.
12. Open space.
Approximately 50% of the property is in open space, with the trail comprising about 14% of the open
space. The trail will be dedicated to meet the park dedication requirements through the subdivision
process.
13. Is the active recreational area suitably located and accessible to the residential units it is
intended to serve and is adequate screening provided to ensure privacy and quiet for
neighboring residential uses?
The active recreational areas are readily accessible by the general public as well as area residents.
14. Is the pedestrian circulation system designed to assure that pedestrians can move safely
and easily both within the site and between properties and activities within the neighborhood
area?
There is a comprehensive pedestrian plan proposed for the PUD involving sidewalks, pathways and
trail, which allows pedestrians to move within the site and into the adjacent neighborhood area.
15. Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become an isolated
"pad" to adjoining development?
The development integrates itself with the surrounding neighborhoods’ street and pedestrian systems.
The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to
enjoy the open space areas and trail.
16. Does the pedestrian circulation system incorporate design features to enhance
convenience, safety and amenity across parking lots and streets, including, but not limited to,
paving patterns, grade differences, landscaping and lighting?
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 11
The proposed dwelling units would be accessed from both city standard streets and from improved
alleyways.
The issue regarding lighting has been addressed with condition of approval # 6 to accomplish a
neutral light level, allowing for adequate safety at night yet not obtrusive for area residents.
17. Does the pedestrian and bicycle trail system adequately connect to the systems in
adjacent developments?
There is an extensive pedestrian plan proposed for the PUD, which will allow for safe pedestrian and
bicyclist circulation.
18. Does the landscape plan enhance the appearance of vehicular use, open space and
pedestrian areas which contribute to their usage and visual appearance?
The overall landscape design enhances and defines a more intimate streetscape for those areas along
the parkways. Open space and trail areas will be enhanced with further landscaping.
19. Does the landscaping plan enhance the building(s)?
Contained within the Covenants are specific landscaping requirements to add to the urban forestry
and enhance the neighborhood character.
20. If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the site plan to avoid interfering with public access to
that area?
The proposed PUD only enhances the open space or park areas by allowing the general public better
access to these areas and enhancing them for everyone’s enjoyment.
Conclusion/Recommendation:
The Bozeman Development Review Committee (DRC) has reviewed the application for a Planned
Unit Development Preliminary Plan to allow 8 acres to be developed in 32 residential townhouse
units along with alleys, open space areas and trail as part of a planned unit development and as a
result recommends to the City Commission conditional approval of said application with conditions
and code provisions outlined at the beginning of the staff report. On July 8, 2003, the Design
Review Board (DRB) voted to recommend conditional approval of the project.
The Planning Staff has identified various code provisions that are not currently met by 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 Municipal Code, which are applicable to this
project prior to receiving Final PUD 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
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 12
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: Applicant’s Submittal.
DRB minutes of Preliminary Plan review (July 8, 2003).
cc: The Village Investment Group, Inc., c/o Mike Delaney, 101 East Main Street, Bozeman,
MT 59715
BRC Investments, 103 Blacktail Court, Butte, MT 59701
C & H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718
Bitnar Architects, 502 S. Grand Ave., Bozeman, MT 59715
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood
coordination
To: Debbie Arkell, Director of Public Service
From: Lanette Windemaker, AICP; Contract Planner
Date: October 13, 2003
Re: The Village Downtown Major Subdivision PUD, #P-03021A Concurrent
Construction
Attached is The Village Downtown’s concurrent construction plan, original improvements
agreement, engineer’s estimate of cost of infrastructure, original letter of credit, original hold
harmless agreement, and certificate of liability insurance.
The Commission approved current construction for this project on August 18, 2003. DRC
reviewed this concurrent construction plan on October 7, 2003, and approved the plan with
conditions. Bob Murray and I have reviewed the plan and found that all of the conditions had
been met. The letter of approval will clarify “H”, the two units may not be open to the public as
model homes until occupancy is granted.
I need your signature on the improvements agreement and the hold harmless agreement.
Please return the originals to me at Planning. They will be retained in the Planning file.
Thanks.
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) 582-2260
Fax: (406) 582-2263
E-mail: planning@bozeman.net
World wide web: www.bozeman.net
Page 1 of 24
Application 20172; Village Lofts Planned Unit Development Amendment Staff Report
SECTION 1 PROJECT DESCRIPTION
Applicant and Owner:
Applicant and owner: Delaney and Company, Michael Delaney and Illeana Indreland
Representative/Agent: Ryan Krueger, Intrinsik Architecture
Project Description: A modification to the adopted Village Lofts Final P lanned Unit
Development (PUD) to (1) reduce the building height of the undeveloped portion of
Lot 3 , (2) to allow eight (8) additional dwelling units in a residentia l development
proposed for Lot 5, and (3) to maintain the six (6) previous PUD relaxations to the
Bozeman Municipal Code (BMC) for development standards within the PUD . Apart
from the original 6 relaxations and the proposed 2 amendments, the original PUD
Conditional Use permit conditions of approval would remain, as applicable.
Project Location: There are two parcels which are subject to this requested modification
to the 2004 adopted PUD design and development standards. Those two parcels are Lots 3
and 5 of Minor Subdivision 344. Lot 3 is addressed as 140 Village Crossing Way. Lot 5 is
unaddressed with a Geocode Number of 06-0799-07-1-23-07-0000. The properties are
located east of Village Crossing Way and Village Downtown Blvd. and are located west of
Village Downtown Blvd. within S07, T02 S, R06 E, P.M.M., Gallatin County, M ontana. Lot
3 is 5.19 -acres in size of which approximately 3.1 acres are undeveloped. Lot 5 is 3.4 -
acres in size and is wholly undeveloped.
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Figure 1: Project Location for the amendments to the Village Lofts PUD
Source: Intrinsik Architecture
Figure 2: Location of lowered heights for Lot 3 (in yellow) and for the addition of 8 dwelling
units on Lot 5 (in orange).
Source: Intrinsik Architecture
Lot 3
Lot 5
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Figure 3: Zoning Map. The underlying zone for the PUD is zoned both R -O and R-4.
Source: City of Bozeman GIS
Figure 4: PUD Zoning Map. Source: City of Bozeman GIS
Lot 5
Lot 3
Village Lofts
PUD
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Project Zoning and Growth Policy Future Land Use Map Designation
Both Lots lie within an R -4, Medium-density Residential zoning district. They also lie
within a Residential Growth Policy/Future Land Use Map (FLUM) designation area.
Residential FLUM designation policies related to the proposed PUD amendment are
found below in Staff Evaluation Section 3.
Figure 5: Approved Final Site Plan for Lot 3 Source: Applicant
Lot 3 Bldg 1 Bldg 2
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Figure 6: Two of the four approved condominium apartment buildings constructed on a
portion of Lot 3
Source: City of Bozeman GIS
Figure 7: Two existing condominium apartment buil dings constructed on a portion of Lot 3
Source: Community Development staff
Lot 3 has two 5-
story
condominium
apartment
buildings
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Figure 8: Building 2 of the condominium apartment buildings constructed on a portion of Lot 3
Source: Community Development staff
The Proposed PUD Amendment s
The p rop ert y owner a nd agent have submitte d an application to amend the 2004-
adopted Village Lofts PUD and Final Site Plan, Project No. Z -04265, to:
1. Lower the maximum building height for the undeveloped portion of
Lot 3 from 75-feet to 60-feet;
2. add eight (8) additional dwelling units to a proposed residential
development on Lot 5 in addition to the remaining 84 units authorized by
the 2004 PUD and Final Site Plan for a total of 92 dwelling units; and
3. to retain the remaining six (6) Bozeman Municipal Code (BMC)
relaxations that were approved by the 2004 PUD.
The remaining six 2004 Village Lofts PUD code relaxations are as follows [current
BMC Section Numbers are shown in brackets]:
1. Section 18.16.050, Yards [now Section 38.320.030.C] to encroach three (3) feet into
the 5-foot side yard setback along the northern property line (adjacent to the
railroad right-of-way);
2. [additions are underlined] Section 18.16.060, Building Height [now 38.320.030.C] to
increase the maximum building height in the underlying R-4 zoning district for a
building with a roof pitch of less than 3:12, from 34 feet to 75-feet for (a) the
developed areas of Lot 3; (b) for the undeveloped areas of Lot 5; and (c) for other
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lands within the R-4 zone of the PUD with the exception of the undeveloped lands of
Lot 3 which would be limited to a maximum building height of sixty (60) feet;
3. Section 18.42.170.A, Trash and Garbage Enclosures [now 38.520.070.] are allowed to
be located in the required front yard;
4. Section 18.44.060.D, Level of Service Standards [now 38.400.060.B.4] to allow the
East Main Street and North Broadway Avenue intersection to operate at a level of
service less than “D”;
5. Section 18.44.090.C.2.b, Drive Access Requirements [now 38.400.090] to increase the
maximum commercial drive access width from 35-feet to 46.5-feet; and
6. Section 18.46.040, Number of Parking Spaces Required [now 38.540.050] to decrease
the minimum number of required off-street parking spaces from 164 per lot to 122
per lot, a 26% reduction.
SECTION 2 EXECUTIVE SUMMARY
The current Village Lofts PUD and associated Final Site Plan authorized Lots 3 and 5 to
be developed as four 5 -story condominium apartment buildings containing a total of
168 dwelling units with related open space, landscaping and parking. Each of the
existing twin buildings on Lot 3 contain four floors with ten units each, plus two penthouse
units on the top floor. The units are accessed from an underground parking garage by a
staircase or elevator. Two of the four approved 5 -story buildings have b een constructed
on the southernmost portion of Lot 3. Each of the twin buildings contain 42 dwelling
units for a total of 84 units on Lot 3. Of the total 168 dwelling units authorized by the
2004 PUD Final Site Plan (FSP), 84 units remain to be built on either the northern
undeveloped portion of Lot 3, on Lot 5, or on a combination thereof.
Staff Recommendation: Approval with continuation of the 2004 conditions of
approval and related current BMC code prov isions and the addition of a clarifying text
to a stand-alone PUD document.
Rep ort Date: August 17, 2020
Staff Contact : Susana Montana, Senior Planner , De velopment Review Division,
Community Development Department
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SECTION 3: PROJECT EVALUATION
This amendment to the Village Lofts PUD has been measure d by the intent and
objectives of a PUD found in BM C 38.430.010. The 2004 PUD Conditional Use
application was evaluated by the Section 38.430.090 PUD design objectives and
criteria; that staff evaluation was approved by the City Commission on November 15,
2004 and is herein incorporated by reference.
This amendment to the Village Lofts PUD qualifies as a “Minor Change” pursuant to the
criteria of BMC 38.430.040.3.d.1. Minor changes may be authorized at the discretion of the
Director of the Community Development Department.
A PUD is a discretionary approval and the review authority (Director) must find that the
overall development is superior to that offered by the basic standards of the BMC. The
intent of a PUD is to promote maximum flexibility and innovation in development proposals
within the City. The Applicants can request relaxations from the code in exchange for a
higher quality of design. The obligation to show a superior outcome is the responsibility of
the Applicant. In this application, the Applicant asserts that the overall outcome of this
amended proposal is superior to what would be obtained from the application of the
underlying R-4 district or of the 2004 PUD standards.
Relaxation Request 1: Lowering the maximum allowable building
hei ght for buildings with a roof pitch of less than 3:12 on the
undeveloped portions of Lot 3 from 75 -feet to 60-feet.
Staff Evaluation. Lots 3 and 5 of the subject property are zoned PUD with an
underlying zoning designation of R -4, Medium -density Resident ial. The R-4
allows a maximum building height of 34 -feet for buildings with a roof pitch of less
than 3:12. However, the 2004 PUD and Final Site Plan allows a building height of
up to 75 feet for the condominium apartment buildings thereon. The existing Lot
3 twin buildings are 5 -stories in height with the penthouse floor stepped -back
from the building facades. Under the current PUD building height relaxation,
development of the undeveloped lands within Lot 3 located north of the existing
twin condomini um apartment buildings could rise to 75 -feet.
Such a building would block views of some of the north -facing dwelling units
within the existing northernmost portions of the twin buildings. To preserve the
viewscape of some of those residents, the Applican t is proposing this PUD
amendment to lower the height of any new building on the undeveloped portion
of Lot 3 to 60-feet.
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Lowering the maximum building heights for new buildings on the undeveloped
portions of Lot 3 would not alter the character of building s or land uses within the
vicinity or neighborhood and would positively address the intent and objectives
of the Planned Unit Development chapter of the Bozeman Municipal Code as
follows:
1. To ensure that future growth and development occurring within the City is in accord with the City's
adopted growth policy, its specific elements, and its goals, objectives and policies;
The City’s adopted Growth Policy consists of the 2009 Bozeman Community Plan. The
property is designated “Residential” on the Community Plan’s Future Land Use Map
(FLUM). The “Residential” land use designation denotes areas where the primary activity
is urban density dwellings. High density residential areas should be established in close
proximity to commercial centers to facilitate the provision of services and employment
opportunities to residents without requiring the use of an automobile. The dwelling unit
density expected within this classification varies between 6 and 32 dwellings per net acre.
Relevant Community Plan Goals, Objectives and Policies
Community Plan Goal 4.3 Community Quality
Goal C-1: Human Scale and Compatibility-- Create a community composed of
neighborhoods designed for human scale and compatibility in which the streets and
buildings are properly-sized within their context, services and amenities are convenient,
visually-pleasing, and properly integrated.
Objective C-1.3: Support compatible infill within the existing areas of the City rather than
developing land requiring expansion of the City’s area.
Objective C-1.4: Achieve an environment through urban design that maintains and
enhances the City’s visual qualities within neighborhood, community and regional
commercial areas.
Neighborhood Design
Goal C-3, Neighborhood Design: New neighborhoods shall be pedestrian-oriented, contain a
variety of housing types and densities, contain parks and other public spaces, and have a
commercial center and defined boundaries.
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Housing
Goal H-1 states: “Promote an adequate supply of safe, quality housing that is diverse in
type, density, cost, and location with an emphasis on maintaining neighborhood character
and stability.”
Objective 1.1 –“Encourage and support the creation of a broad range of housing types in
proximity to services and transportation options.”
Land Use
Goal LU-3:–Strengthen the Historic Core of Bozeman to preserve the community character,
economic resource, and historical connection represented by this area.
Objective LU-3.4: Give particular emphasis to encouraging living opportunities within
walking distance of the downtown employment, retail, and neighborhood services.
Parks, Recreation, Open Space, and Trails
Goal R-1: Provide for accessible, desirable, and adequately maintained public parks, open
spaces, trail systems, and recreational facilities for residents of the community.
Objective R-1.1.2: Use parks and open space to protect critical and sensitive lands.
Goal T-4 Pathways- Establish and maintain an integrated system of transportation and
recreational pathways, including bicycle and pedestrian trails, neighborhood parks, green
belts and open space.
Staff Evaluation--Complies. Both developments of Lots 3 and 5 would be limited to a
maximum of 92 condominium apartment-style dwelling units, should the 8 additional
dwelling units be granted by the Director. Pursuant to the currently approved Final Site
Plan, those buildings would be designed around an interior courtyard similar to the
existing twin buildings on Lot 3. To the west of those twin 5-story buildings are smaller
townhouse buildings which offer a mix of housing types within this development.
Should the additional 8 dwelling units be granted as an amendment to the PUD and Final
Site Plan, the net residential density would be 20 units per acre of the combined Lots 3 and
5. This is within the range of between 6 and 32 dwellings per net acre as recommended for
the Residential designation of the land.
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The Site is located a block north of East Main Street in Downtown Bozeman and is within
walking distance of shopping, employment opportunities, bus transit facilities, parks and a
library.
The Applicant has dedicated land along its southeastern boundary for a greenbelt and
public trail. This trail is a link to the City’s integrated system of recreational trails.
2. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of
the city area;
Objective C-1.3: Support compatible infill within the existing areas of the City rather than
developing land requiring expansion of the City’s area.
Staff Evaluation--Partially complies. The developments on the undeveloped portion
of Lot 3 and on the undeveloped Lot 5, both the subject of the 2004 PUD Fin al Site Plan, are
deemed infill developments.
Since 2018, all PUDs must earn at least 20 “performance points” by providing affordable
housing, open space, reuse of historic buildings or “brownfield” sites, inclusion of low-
impact stormwater management designs and sustainable designs. The 2004 PUD
Condition “L” for the 2004 Village Loft PUD Conditional Use authorization required
inclusion of these performance points. The City’s Affordable Housing standards of BCM
Section 38.380 specifically exempts rental housing from its inclusionary affordable housing
requirement of 10% and it exempts condominium dwelling units [38.380.030.E and
38.380.040.A and G]. The Village Lofts are condominium units.
3. To foster the safe, efficient and economic use of land, transportation and other public facilities;
Staff Evaluation--Complies. The proposed 60-foot tall residential building on the
remaining portion of Lot 3 would be located within the Downtown built environment and
within walking distance of the City’s “orange” bus line with service to the transit station for
connections to all bus routes.
4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public
parks;
Staff Evaluation--Complies. All City services are provided to Lot 3. The southern
boundary of the PUD Site has a public trail and Village Downtown Park and the Site is
located one block north of the City’s 15-acre Lindley Park.
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5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and
reduction of flood damage;
Staff Evaluation--Complies. The proposed condominium apartment buildings would
be a continuation of the existing twin condominium apartment buildings on Lot 3; both
referred to as the Village Downtown Lofts.
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
Staff Evaluation--Complies. The existing PUD relaxation number 6 reduces off-
street parking resources on the Site in favor of the transit resources located within a block
of the Site.
7. To promote the use of bicycles and walking as effective modes of transportation;
Staff Evaluation--Complies. The Site has a trail along its southern boundary and is in
walking distance of the City’s Downtown and public transit services.
8. To reduce energy consumption and demand;
Staff Evaluation--Complies to the extent that residents use public transit, walk and
bicycle to travel to their destinations. Trails and transit are available in close proximity to
the Site.
9. To minimize adverse environmental impacts of development and to protect special features of the
geography;
Staff Evaluation--Complies. The proposed development on Lot 3 would avoid
disturbance to the Story Ditch watercourse along its northwestern boundary as well
as nearby flood zones. The reduction in building height for the undeveloped portion
of Lot 3 would require a revised or new site plan accompanied by a wetlands analysis
of the Site.
10. To improve the design, quality and character of new development;
Staff Evaluation--May Comply. The 2004 Final Site Plan that was approved with
the original PUD proposes a similar design of the existing twin buildings on Lot 3.
The reduction in building height for condominium apartment buildings on the
undeveloped portion of Lot 3 would require a new building design.
11. To encourage development of vacant properties within developed areas;
Staff Evaluation--Complies. Both the undeveloped portion of Lot 3 and the
undeveloped Lot 5 are deemed infill sites.
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12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
Staff Evaluation--Complies. The reduction in building height for the
remainder of Lot 3 is intended by the Applicant to positively address this
objective and to preserve the viewscape of residents of some north -facing
condominium apartment units of Lot 3. The Site of the new developments of Lot 3
and 5 are surrounded by residenti al uses, railroad tracks, a watercourse and
wetlands. There is a property abutting the Site to the southeast of the PUD Site
that is at a higher elevation and on which a 4 -story hotel is being built. This taller
building will dominate the viewscape from public streets to the west and south.
13. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood and the community as a whole;
Staff Evaluation--Complies. Lots 3 and 5 are surrounded by watercourses to
the northwest, the railroad tracks to the northeast, a public trail to the south and
residential townhouses within the Village PUD area. The PUD area is surrounded
by industrial lands and uses and Downtown com mercial uses. Although linked by
public streets to the adjacent Downtown neighborhoods, due to topography,
wetlands and the rail lines, the PUD residential development functions as its own
community.
14. To promote the efficient use of land resources, fu ll use of urban services, mixed uses,
transportation options, and detailed human -scale design; and
Staff Evaluation--Complies. The proposed residential building proposed for
the undeveloped portion of Lot 3 would utilize existing urban services and would
complement nearby residential blocks.
15. To meet the purposes established in Section 38.100.040.
Staff Evaluation--Complies. That chapter seeks to promote the public health,
safety and general welfare by preventing overcrowding of land, lessening
congesti on, providing adequate light, air, water supply and other public services,
protecting property rights, among other public goals. The proposed PUD
amendments affecting Lots 3 and 5, positively address those purposes.
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Relaxation No. 2: Allow eight (8) add itional dwelling units to be
built within the twin condominium apartment buildings of Lot 5,
for a total of 92 dwelling units.
Pursuant to BMC Section 38.320.030.C, there is no maximum density, or dwelling
unit limit, in the R -4 zoning district.
Minimu m Density. Section 38.320.020.B requires minimum densities in certain
zoning districts. These minimum densities are required to support efficiency in
the use of land and the provision of municipal services, and to advance the
purposes and goals of the Fo rm and Intensity chapter of the BMC as well as the
City’s Growth Policies.
The PUD’s underlying R -4 district has a minimum density (dwellings per net acre)
of 8 dwellings. Lot 5 is 3.4 -acres in size. Should the requested 92 dwelling units
be built on Lo t 5, the resulting density would be 27 dwelling units per acre. If the
requested 92 dwelling units were spread out on both the undeveloped 3.1 -acres of
Lot 3 and the undeveloped 3.4 -acres of Lot 5, the residential density of the
combined lots would be 20 units per acre, including the existing 84 units on the
developed portion of Lot 3 and the requested new 92 units.
Lot 5 meets the lot size for condominium apartment buildings. Based on lot size
standards for condominium apartments, Lot 5 could accommodate up to 128
dwelling units; therefore, the 92 dwelling units proposed by this PUD amendment
would meet and exceed the minimum density for the R -4 district of 8 dwelling
units per net acre. Adding 8 dwelling units to the Lot 5 condominium apartment
buildings may or may not require a modification to the approved Final Site Plan
for this PUD. However, any further development of Lot 3 would require a new site
plan submittal.
1. To ensure that future growth and development occurring within the City is in accord with the City's
adopted growth policy, its specific elements, and its goals, objectives and policies;
Staff Evaluation —Complies. See the evaluation of Criterion 1 for Relaxation No. 1
above.
2. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of
the city area;
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Staff Evaluation--Complies. See the evaluation for Criterion 2 in the Relaxation
request No. 1 above.
3. To foster the safe, efficient and economic use of land, transportation and other public facilities;
Staff Evaluation--Complies. See the evaluation for Criterion 3 in the Relaxation
request No. 1 above.
4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public
parks;
Staff Evaluation--Complies. See the evaluation for Criterion 4 in the Relaxation
request No. 1 above.
5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and
reduction of flood damage;
Staff Evaluation--Complies. See the evaluation for Criterion 5 in the Relaxation
request No. 1 above.
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
Staff Evaluation--Complies. See the evaluation for Criterion 6 in the Relaxation
request No. 1 above.
7. To promote the use of bicycles and walking as effective modes of transportation;
Staff Evaluation--Complies. See Criterion 7 for the Relaxation request No. 1 above.
8. To reduce energy consumption and demand;
Staff Evaluation--Complies to the extent that residents use public transit, walk and bicycle
to travel to their destinations.
9. To minimize adverse environmental impacts of development and to protect special features of the
geography;
Staff Evaluation--Complies. Development of Lot 5 will require a revised or new site
plan which must address wetlands and flood zones in its vicinity.
10. To improve the design, quality and character of new development;
Staff Evaluation--Complies. See Criterion 10 for Relaxation request No. 1
above.
11. To encourage development of vacant properties within developed areas;
Staff Evaluation--Complies. Lot 5 is deemed an infill site.
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12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
Staff Evaluation--Complies. See the evaluation of Criterion 12 for Relaxation
request No. 1 above.
13. To promote logical devel opment patterns of residential, commercial, office and
industrial uses that will mutually benefit the developer, the neighborhood and the
community as a whole;
Staff Evaluation--Complies. See the evaluation of Criterion 13 for the
Relaxation request No. 1 above.
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed human -scale design;
Staff Evaluation--Complies. See the evaluation of Criterion 14 for the
Relaxation request No. 1 above.
15. To meet the purposes established in Section 38.100.040.
Staff evaluation--Complies. See the evaluation of Criterion No. 15 for the
Relaxation request No. 1 above.
Unresolved Issues
1. Due to the absence of a stand-alone Village Lofts PUD document, staff is
recommending that the Applicant provide the City with a hard copy and digital copy of the
PUD text and maps and that this new document include a new clarifying statement which
would state:”Where the PUD is silent on development and design standards, the Bozeman
Municipal Code (BMC) standards in effect at the time of submittal of a development
application shall apply.”
2. There may be some of the previous 2004 PUD Conditional Use conditions
of approval that are unfulfilled and are outstanding. The re commended
conditions of approval of this minor modification to the PUD would carry
forward those same conditions of approval .
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SECTION 3: Staff Recommendation
Based on the foregoing evaluation and findings of the proposed PUD amendments, staff
recommends conditional approval of the Applicant’s requested two PUD amendments
with the condition that any unfulfilled or outstanding conditions of approval of the
2004 PUD Conditional Use be carried forward with this approval along with the following
clarifying language to the PUD: ”where the PUD is silent on development and design
standards, the Bozeman Municipal Code (BMC) standards in effect at the time of submittal
of a development application shall apply”.
TWO RECOMMENDED CONDITIONS OF APPROVAL
Condition No. 1: The following November 15, 2004 Conditional Use
conditional-authorization of the Village Lofts PUD shall remain, including the
following conditions of approval and City code provisions:
At its November 15, 2004 public hearing, the Bozeman City Commission voted 3-2, to conditionally approve
Village Lofts Planned Unit Development Preliminary Plan. Regarding Village Lofts Planned Unit
Development, the Planning Director hereby grants approval contingent upon satisfactorily meeting the
following conditions:
1. The Final Site Plan shall demonstrate that there is no encroachment into the “linear park and
public access/utility easement” along the east side of Lot 5.
2. The property owner shall provide and file with the County Clerk and Recorder’s office
executed Waivers of Right to Protest Creation of SIDs for the following:
a) A park maintenance district.
A copy of the filed documents shall be submitted with the final plan.
3. The property owner shall provide and file with the County Clerk and Recorder’s office
executed Waivers of Right to Protest Creation of SIDs for the following:
a) Any future improvements to the intersection of Broadway and Main Street.
The documents filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternative financing method for
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
4. Applicant shall be responsible for up to two (2) warrant analysis, the timing to be determined
by the City Engineering Department in consultation with MDOT. If the warrant study
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indicates that signalization is appropriate prior to full build out, no further building permits
will be approved until the signal is installed.
5. The applicant shall dedicate a linear park/trail corridor for a potential future recreation
pathway extending from under the trestle bridge and circling around the west side of the
wetlands. The width of the corridor shall be a minimum of 10 feet on Lot 5 with the property
owners’ written assurance that the remainder of an overall width of 25 feet can be achieved
on the adjacent property to the north. The corridor may be designated as a public access
easement at this time, with a written commitment from the applicant to dedicate the
easement when needed in the future.
6. Prior to Final Site Plan approval, the applicant shall submit a park land dedication proposal
containing on-site or off-site land dedication, cash donation in-lieu of land dedication or a
combination of both, for review and comment by Planning Staff and R&PAB Subdivision
Review Committee, and for review and approval of the City Commission.
Specific to this Project 20175 conditional use authorization, on November 4, 2004, the City
Commission adopted the following conditions of approval for the Village Lofts PUD and
associated final site plan. The Applicant shall comply with the standards identified below and
referenced in the Bozeman Unified Development Ordinance [current Bozeman Municipal
Code—BMC sections are noted in brackets]:
a. 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 pursuant to Section
18.34.100.C.1 of the Bozeman Unified Development Ordinance [now Section 38.230.110].
b. That 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 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 pursuant to
Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance [38.230.110.F.2].
c. The applicant must submit seven (7) copies a Final PUD 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. A Building Permit must be obtained prior to the work, and must be obtained within one year of Final
Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site
surface preparation and normal maintenance shall be allowed prior to submittal and approval of th e
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Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED
UNTIL A BUILDING PERMIT IS OBTAINED.
e. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation
of required on-site improvements at the time of Final Site Plan submittal. If occupancy of the
structure is to occur prior to the installation of all required on-site improvements, the Improvements
Agreement must be secured by a method of security equal to one and one-half times the amount of
the estimated cost of the scheduled improvements not yet installed. Said method of security shall be
valid for a period of not less than twelve (12) months; however, the applicant shall complete all on -
site improvements within nine (9) months of occupancy to avoid default on the method of security.
f. The applicant shall submit with the application for Final Plan review and approval, a written narrative
stating how each of the conditions of preliminary plan approval has been satisfactorily addressed.
g. Applicant shall dedicate the trail corridor along the east side of Lot 5 pursuant to Section 18.50.070 of
the Bozeman Unified Development Ordinance [38.420].
h. Applicant shall pay cash donation in lieu of land dedication pursuant to 18.50.030 of the Bozeman
Unified Development Ordinance [38.420].
i. A modification of the “Certificate accepting Cash Donation in-Lieu of Land Dedication” shall be placed
on the Final Site Plan pursuant to Section 18.50.30.D of the Bozeman Unified Development Ordinance
[38.420].
j. Applicant shall demonstrate compliance with Section 18.40.090 of the Bozeman Unified Development
Ordinance [38.360.090]. “Condominium developments shall comply with all provisions of the Unit
Ownership Act, '70-23-102 et seq., MCA, and all regulations adopted pursuant thereto”. “A
condominium association shall be established for each condominium development. The developer
shall prepare bylaws for the condominium association, as well as covenants, conditions and
restrictions for the condominium development, in compliance with Chapter 18.72 of this title. The
bylaws, covenants, conditions and restrictions shall be submitted to the City for review and approval
prior to the granting of final site plan approval”.
k. Applicant shall provide information on exterior lighting to demonstrate compliance with Section
18.42.150 of the Bozeman Unified Development Ordinance [38.570].
l. Applicant shall demonstrate how the PUD earns at least 20 performance points, pursuant to Section
18.36.090 of the Bozeman Unified Development Ordinance [38.430.090.E.2.a.7].
m. The Park Master Plan should address the historic plaque if it is located along the trail. Unless
otherwise determined acceptable by the Superintendent of Facilities and Public Lands, the
dedicated linear park should be developed in accordance with Section 18.50.080 [38.420] of
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the Bozeman Unified Development Ordinance and so noted in the Park Master Plan. The
Park Master Plan should include a reduced site plan of the entire property with the linear
park and trail clearly delineated. The Park Master Plan needs to address maintenance issues
and scheduling, such as mowing and trail refurbishment.
n. The Final Site Plan shall be fully dimensioned; including a sheet with both lots in their entirety
including all improvements, calculations and artificial lot line; and if necessary a detail sheet
of Lot 5 and a detail sheet of artificial Lot 3.
o. A scaled, dimensioned, detailed plan of all parking facilities (both on-site and off-site), including
bicycle racks, accessible parking including aisles, ramps and signage, and standard aisle and parking
spaces shall be provided.
p. The final landscape plan shall be consistent with Chapter 18.48, [38.550] BMC.
q. Street vision triangles shall be delineated on the landscaping plan.
r. Pursuant to Section 18.38.060 [38.350.050] of the Bozeman Unified Development Ordinance, no
porch, deck, balcony, stoop or other similar feature may encroachment further than permitted by the
granting of the relaxation from Section 18.16.050 [38.320.030.C] “Yards” to encroach three (3)
feet into the 5-foot side yard setback.
s. Pursuant to Section 18.38.050.F [38.520.070.E] of the Bozeman Unified Development Ordinance, no
rooftop or ground-mounted mechanical equipment shall be visible from adjacent properties and
public streets. All mechanical equipment shall be completely screened from view and depicted as
such on the final site plan. Any proposed rooftop mechanical equipment shall be incorporated into
the roof form as an architectural feature that incorporates similar materials and elements as that of
the building and all ground or wall mounted equipment shall be completely screened from view, prior
to temporary occupancy being issued for the building. In order to screen wall and/or ground-
mounted mechanical equipment, the Planning Office will accept the installation of a wall constructed
of materials matching the building or the installation of evergreen shrubs planted at a height to
obscure the equipment.
t. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report
may address those lots within the proposed phase.
u. The [final site plan] FSP shall be adequately dimensioned.
v. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided to and
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approved by the City Engineer. The plan must demonstrate adequate site drainage
(including sufficient spot elevations), storm water detention/retention basin details
(including basin sizing and discharge calculations, and discharge structure details), storm
water discharge destination, and a storm water maintenance plan.
w. A storm water easement must be established on the adjacent property and filed with the
County Clerk and Recorder’s Office for the retention pond and discharge course if located off
the subject property.
x. Plans and Specifications for any fire service line must be prepared in accordance with the
City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and
approved by the City Engineer prior to initiation of construction of the fire service or fire
protection system. The applicant shall also provide Professional Engineering services for
construction inspection, post-construction certification, and preparation of Mylar record
drawings.
y. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed by the
applicant.
z. The location of existing water and sewer mains shall be properly depicted, as well as nearby
fire hydrants. Proposed main extensions shall be labeled "proposed".
aa. The drive approach shall be constructed in accordance with the City's standard approach
(i.e., concrete apron, sidewalk section and drop-curb), unless a relaxation is granted, and
shown as such on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP
approval.
bb. City standard sidewalk shall be installed and properly depicted at the standard location (i.e.,
1 foot off property line) along the street(s) frontage. Any deviation to the standard
alignment or location must be approved by the City Engineer.
cc. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail
shall be provided to and approved by the City Engineer. Concrete curbing shall be provided
around the entire new parking lot perimeter and adequately identified on the FSP.
dd. Any floor drains proposed for the building interior shall be shown on the FSP. Floor drains
located in a vehicle accessible area shall be provided with a City Standard grit/oil separator
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approved by the City Engineer. A detail for the grit/oil separator shall be provided with the
FSP.
ee. All existing utility and other easements must be shown on the FSP.
ff. Adequate snow storage area must be designated outside the sight triangles, but on the
subject property (unless a snow storage easement is obtained for a location off the property
and filed with the County Clerk and Recorder's office).
gg. Drive approach and public street intersection sight triangles shall be free of plantings which
at mature growth will obscure vision within the sight triangle.
hh. If construction activities related to the project result in the disturbance of more than 1 acre
of natural ground, an erosion/sediment control plan may be required. The Montana
Department of Environmental Quality, Water Quality Bureau (WQB), shall be contacted by
the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the
WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or
less if the point of discharge is less than 100’ from State Waters.
Staff Recommended Condition No. 2:
2. Provide a stand-alone hard copy and digital Village Lofts PUD document with
appropriate maps and add the following language to the PUD relaxation text: “Where the
PUD is silent on development and design standards, the Bozeman Municipal Code (BMC)
standards in effect at the time of submittal of a development application shall apply.”
Please be 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 full 20172 application and file of record can be viewed at the Community
Development at 20 E. Olive Street, Bozeman, MT 59715.
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SECTION 4: FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other
applicable sections of Ch.38, BMC, an evaluation of the proposed PUD amendment
described in this report was conducted. The Applicant proposed to the City a
modification of the 2004-adopted Village Lofts PUD, Project No. Z-04265, to:
1. Lower the maximum building height for the undeveloped portion of
Lot 3 from 75-feet to 60-feet;
2. add eight (8) additional dwelling units to a proposed residential
development on Lot 5 in addition to the remaining 84 units authorized by
the 2004 PUD and Final Site Plan for a total of 92 dwelling units; and
3. to retain the remaining six (6) Bozeman Municipal Code (BMC)
relaxations that were approved by the 2004 PUD.
The purpose of the PUD modification review was to consider all relevant evidence relating
to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the
proposal against the criteria of Sec. 38.430.010, 38.430.090 and 38.430.040.3.d.1 of the
BMC and the standards of Ch. 38, BMC; and to determine whether the application should be
approved, conditionally approved, or denied.
B) After considering all matters of record presented with the application and during the
staff evaluation process, the Director has found that the proposed Village Lofts Planned
Unit Development (PUD) Modification complies with the requirements of the BMC.
Therefore, being fully advised of all matters having come before him regarding this
application, the Director makes the following decision.
C) The Village Lofts PUD modification meets the criteria of Ch. 38, BMC, and is therefore
approved, subject to the conditions listed in this report and the evidence contained in the
submittal materials and this report which justifies the conditions imposed on this PUD
modification to ensure that the modified PUD complies with all applicable conditions, code
provisions, regulations, and all applicable criteria of Ch. 38, BMC.
On this 20th day of August, 2020, Martin Matsen, Director of Community Development,
approved with conditions this Village Lofts PUD modification as described herein on behalf
of the City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a
documented appeal with and paying an appeal fee to the Clerk of the Commission for the
City of Bozeman within 10 working days after the date of the final decision as evidenced by
the Director’s signature, following the procedures of Sec. 38.250.030, BMC.
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DIRECTOR OF COMMUNITY DEVELOPMENT
Martin Matsen, AICP
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DESIGN REVIEW BOARD STAFF REPORT #Z-04265
THE VILLAGE DOWNTOWN LOFTS CUP / PUD WITH RELAXATIONS
Item: Zoning Application #Z-042650 An application for review of a Conditional
Use Permit for a Planned Unit Development to allow the Village Downtown
Lofts, 168 dwelling units in four (4) 5-story buildings, with requested
relaxations from the City of Bozeman Unified Development Ordinance on
property located north of the intersection of Village Downtown Boulevard and
Village Crossing Way and zoned “R-4” (Residential High Density District).
Applicant/Owner: The Village Investment Group, 101 East Main Street, Bozeman, MT 59715.
Representative(s): C&H Engineering, 205 Edelweiss Drive, Bozeman, MT 59718.
Bitnar Architects, 502 South Grand Avenue, Bozeman, MT 59715.
Date/Time: Design Review Board: Wednesday, October 27, 2004, 3:30 p.m., Alfred M. Stiff
Professional Building, 20 East Olive Street, Bozeman, Montana
Report By: Lanette Windemaker, AICP; Contract Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The property is located north of the intersection of Village Downtown Boulevard and Village Crossing Way.
The ~ 8.6 acre property is legally described as Lots 3 and 5 of Village Boulevard Minor Subdivision No.
344, located in portions of the NE ¼ of Section 7 and portions of the NW ¼ of Section 8, T2S, R6E, PMM,
City of Bozeman, Gallatin County, MT. The property is zoned “R-4” (Residential High Density District).
Please refer to the vicinity map on the following page.
#Z-04265 Village Lofts CUP / PUD DRB Staff Report 2
PROPOSAL
Application has been made by the Village Investment Group for a review of the Conditional Use Permit for a
Planned Unit Development to allow the Village Downtown Lofts. Said application would allow 168
dwelling units in four (4) 5-story buildings with related site improvements to be constructed on ~ 8.6 acres
located north of the intersection of Village Downtown Boulevard and Village Crossing Way and zoned “R-
4” (Residential High Density District). With Lot 3 designated as a ~ 2.54 acre artificial lot to allow for
future development on the remainder, the net density of the proposal is greater than 28 dwelling units per
acre.
The Design Review Board reviewed the Concept Plan at its December 9, 2003, public meeting and
commented on the height of the buildings, impact on viewsheds, emergency access to the north, the design
of the buildings and the interior courtyards.
The applicant has requested the following relaxations from the City of Bozeman Unified Development
Ordinance:
1.) Section 18.16.050 “Yards” to encroach into the 5-foot setback by 3 feet. Planning Staff supports
this relaxation. The adjacent property is the railroad right-of-way; therefore this relaxation does
not have an adverse impact on adjacent property.
2.) Section 18.16.060 “Building Height” to increase the maximum height for a roof with a pitch of less
than 3:12 from 34 feet to 75 feet. Planning Staff supports this relaxation. This property is relatively
isolated from adjacent neighborhoods. It appears that the majority of impact on the viewshed will
be internal to The Village project. Due to the grade difference between the front and rear of the
buildings, this may mean that the north sides of the buildings are up to 81 feet in height.
#Z-04265 Village Lofts CUP / PUD DRB Staff Report 3
3.) Section 18.42.170.A “Trash and Garbage Enclosures” to allow the location of trash enclosures in
the required front yard. Planning Staff supports this relaxation. The trash enclosure(s) are located
on an interior street frontage that is not the functional front yard but what may be described as the
corner side yard. Therefore this relaxation does not have an adverse impact on adjacent property.
4.) Section 18.44.060.D “Level of Service Standards” to allow the East Main Street and North
Broadway Avenue intersection to operate at level of service less than “D”. Only the left turn
movement from North Broadway Avenue onto East Main Street is at an unacceptable level of service
at some times. Main Street is under the jurisdiction of the Montana Department of Transportation.
MDOT is unwilling to approve any improvements to East Main Street at North Broadway Avenue to
improve the left turn movement.
5.) Section 18.44.090.C.2.b “Drive Access Requirements” to increase the maximum commercial drive
access width from 35 feet to 46.5 feet.
6.) Section 18.46.040 “Number of Parking Spaces Required” to decrease the minimum number of
required off-street parking spaces from 164 per lot to 122 per lot, a 26% reduction. Adjacent
appropriate on-street parking has been deducted from the off-street requirement to calculate the total
requirement. Planning Staff supports the requested relaxation to 122 parking spaces per lot. This
development is isolated from neighboring streets; therefore any excess parking needs will most likely
have to be accommodated within the development and not adversely impact the adjacent
neighborhood.
In addition, the applicant has made the following requests in accordance with the City of Bozeman Unified
Development Ordinance:
To designate an artificial lot for Lot 3 of Village Boulevard Minor Subdivision No. 344, the artificial
lot will encompass ~ 2.54 acres of the total ~ 5.19 acres pursuant to Section 18.48.030.A
“Designation of Artificial Lot”. Planning Staff supports this request for an artificial lot. Applicant
must take care to ensure that the artificial lot is of an adequate size to accommodate all site
improvements and comply with all code requirements.
To provide cash in lieu of the required 5.04 acres of land required being dedicated for parks pursuant
to Section 18.50.030 “Cash Donation in Lieu of Land Dedication”. Subject to dedication of the
trail along the east side of Lot 5, Planning Staff supports this proposal.
ZONING DESIGNATION & LAND USES
The subject property is zoned “R-4” (Residential High Density District). The intent of the R-4 residential
district is to provide for high-density residential development through a variety of housing types within the
City with associated service functions. This will provide for a variety of compatible housing types to serve
the varying needs of the community’s residents. The net density, as defined in Chapter 18.80, BMC, for new
developments shall be 8 dwellings per acre or greater. The following land uses and zoning are adjacent to
the subject property:
#Z-04265 Village Lofts CUP / PUD DRB Staff Report 4
East: M-1; Undeveloped
South: R-O; Village Downtown townhouse development
West: M-1; Industrial uses
R-3A; Railroad right-of-way and residential dwellings
North: M-1; Industrial uses
R-4; Undeveloped, Lot 4 of Village Boulevard Minor Subdivision No. 344
ADOPTED GROWTH POLICY DESIGNATION
The property is designated Residential. The Residential land use designation denotes areas where the
primary activity is urban density living quarters. It is expected that areas of higher density housing would be
likely to be located in proximity to commercial centers to facilitate the broadest range of feasible
transportation options for the greatest number of individuals and support businesses within commercial
centers. High density areas should have an average minimum density of eighteen units per net acre.
PLANNED UNIT DEVELOPMENT INTENT
The intent of the PUD title is to promote the City’s pursuit of the following community objectives;
A. To ensure that future growth and development occurring within the City is in accord with the City’s
adopted growth policy, its specific elements, and its goals, objectives and policies;
B. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to all citizens
of the Bozeman area;
C. To foster the safe, efficient and economic use of land and transportation and other public facilities;
D. To ensure adequate provision of public services such as water, sewer, electricity, open space and public
parks;
E. To avoid inappropriate development of lands and to provide adequate drainage, water quality and
reduction of flood damage;
F. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
G. To promote the use of bicycles and walking as effective modes of transportation;
H. To reduce energy consumption and demand;
I. To minimize adverse environmental impacts of development and to protect special features of the
#Z-04265 Village Lofts CUP / PUD DRB Staff Report 5
geography;
J. To improve the design, quality and character of new development;
K. To encourage development of vacant properties within developed areas;
L. To protect existing neighborhoods from the harmful encroachment of incompatible developments;
M. To promote logical development patterns of residential, commercial, office and industrial uses that will
mutually benefit the developer, the neighborhood and the community as a whole;
N. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation
options, and detailed and human-scale design; and
O. To meet the purposes established in 18.02.040, BMC.
PLANNED UNIT DEVELOPMENT REVIEW CRITERIA
The intent of Section 18.36 “Planned Unit Development” is to promote maximum flexibility and innovation
in the development of land and the design of development projects within the city. The applicant is
proposing relaxations from the city’s standards through the Planned Unit Development process and
therefore must demonstrate a plan that will produce an environment, landscape quality and character
superior to that produced under the existing standards. The following questions should be considered
by the Board:
Are the elements of the site plan designed and arranged to produce an efficient, functionally organized
and cohesive planned unit development?
Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic
quality of the site configuration?
Is the development being properly integrated into development and circulation patterns of adjacent and
nearby neighborhoods so that this development will not become an isolated “pad” to adjoining
development?
REVIEW CRITERIA
The Design Review Board is established to evaluate aesthetic considerations of larger and more complex
proposals which are likely to produce significant community impact and to provide recommendations
regarding such proposals to the Planning Director or City Commission, subject to the provisions of this title.
The Board is empowered to recommend approval or conditional approval of the project with support of some
or all of the requested relaxations or to forward a recommendation of denial. The Design Review Board may
#Z-04265 Village Lofts CUP / PUD DRB Staff Report 6
determine that some conditions of approval are necessary to meet the intent of the Planned Unit
Development and to mitigate the requested relaxations.
CONCLUSION/RECOMMENDATION
Staff recommends conditional approval of the Conditional Use Permit for a Planned Unit Development
Preliminary Plan application #Z-04265. The applicant must comply with all other provisions of the
Bozeman Unified Development Ordinance, which are applicable to this project prior to receiving Final Site
Plan, Final Plat or Building Permit 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.
NOTE: Both the Design Review Board and Development Review Committee will forward a formal
recommendation to the City Commission for consideration and final action on November 15, 2004.
Attachments: Applicant’s Submittal.
cc: The Village Investment Group, 101 East Main Street, Bozeman, MT 59715.
C&H Engineering, 205 Edelweiss Drive, Bozeman, MT 59718.
Bitnar Architects, 502 South Grand Avenue, Bozeman, MT 59715.
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination
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
November 18, 2004
The Village Investment Group, Inc.
101 East Main
Bozeman, MT 59715
Re: Conditional Use Permit with relaxations for the Village Lofts Planned Unit
Development Preliminary Plan, #Z-04265
Dear Karin:
At its November 15, 2004 public hearing, the Bozeman City Commission voted 3-2, to conditionally
approve Village Lofts Planned Unit Development Preliminary Plan. Regarding Village Lofts Planned
Unit Development, the Planning Director hereby grants approval contingent upon satisfactorily meeting
the following conditions:
1. The Final Site Plan shall demonstrate that there is no encroachment into the “linear park and public
access/utility easement” along the east side of Lot 5.
2. The property owner shall provide and file with the County Clerk and Recorder’s office executed
Waivers of Right to Protest Creation of SIDs for the following:
a) A park maintenance district.
A copy of the filed documents shall be submitted with the final plan.
3. The property owner shall provide and file with the County Clerk and Recorder’s office executed
Waivers of Right to Protest Creation of SIDs for the following:
a) Any future improvements to the intersection of Broadway and Main Street.
The documents filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternative financing method for
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
4. Applicant shall be responsible for up to two (2) warrant analysis, the timing to be determined by the
City Engineering Department in consultation with MDOT. If the warrant study indicates that
signalization is appropriate prior to full build out, no further building permits will be approved until
the signal is installed.
5. The applicant shall dedicate a linear park/trail corridor for a potential future recreation pathway
extending from under the trestle bridge and circling around the west side of the wetlands. The width
of the corridor shall be a minimum of 10 feet on Lot 5 with the property owners’ written assurance
that the remainder of an overall width of 25 feet can be achieved on the adjacent property to the
Page 2
north. The corridor may be designated as a public access easement at this time, with a written
commitment from the applicant to dedicate the easement when needed in the future.
6. Prior to Final Site Plan approval, the applicant shall submit a park land dedication proposal
containing on-site or off-site land dedication, cash donation in-lieu of land dedication or a
combination of both, for review and comment by Planning Staff and R&PAB Subdivision Review
Committee, and for review and approval of the City Commission.
In addition to the specific conditions listed above, the final plan shall comply with the standards
identified below and referenced in the Bozeman Unified Development Ordinance.
a. 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 pursuant to Section
18.34.100.C.1 of the Bozeman Unified Development Ordinance.
b. That 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 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 pursuant to
Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance.
c. The applicant must submit seven (7) copies a Final PUD 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. A Building Permit must be obtained prior to the work, and must be obtained within one year of Final
Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor
site surface preparation and normal maintenance shall be allowed prior to submittal and approval of
the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
e. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation
of required on-site improvements at the time of Final Site Plan submittal. If occupancy of the
structure is to occur prior to the installation of all required on-site improvements, the Improvements
Agreement must be secured by a method of security equal to one and one-half times the amount of
the estimated cost of the scheduled improvements not yet installed. Said method of security shall be
valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-
site improvements within nine (9) months of occupancy to avoid default on the method of security.
f. The applicant shall submit with the application for Final Plan review and approval, a written
narrative stating how each of the conditions of preliminary plan approval has been satisfactorily
addressed.
g. Applicant shall dedicate the trail corridor along the east side of Lot 5 pursuant to Section 18.50.070
of the Bozeman Unified Development Ordinance.
h. Applicant shall pay cash donation in lieu of land dedication pursuant to 18.50.030 of the Bozeman
Unified Development Ordinance.
Page 3
i. A modification of the “Certificate accepting Cash Donation in-Lieu of Land Dedication” shall be
placed on the Final Site Plan pursuant to Section 18.50.30.D of the Bozeman Unified Development
Ordinance.
j. Applicant shall demonstrate compliance with Section 18.40.090 of the Bozeman Unified
Development Ordinance. “Condominium developments shall comply with all provisions of the Unit
Ownership Act, '70-23-102 et seq., MCA, and all regulations adopted pursuant thereto”. “A
condominium association shall be established for each condominium development. The developer
shall prepare bylaws for the condominium association, as well as covenants, conditions and
restrictions for the condominium development, in compliance with Chapter 18.72 of this title. The
bylaws, covenants, conditions and restrictions shall be submitted to the City for review and approval
prior to the granting of final site plan approval”.
k. Applicant shall provide information on exterior lighting to demonstrate compliance with Section
18.42.150 of the Bozeman Unified Development Ordinance.
l. Applicant shall demonstrate how the PUD earns at least 20 performance points, pursuant to Section
18.36.090 of the Bozeman Unified Development Ordinance.
m. The Park Master Plan should address the historic plaque if it is located along the trail. Unless
otherwise determined acceptable by the Superintendent of Facilities and Public Lands, the dedicated
linear park should be developed in accordance with Section 18.50.080 of the Bozeman Unified
Development Ordinance and so noted in the Park Master Plan. The Park Master Plan should include
a reduced site plan of the entire property with the linear park and trail clearly delineated. The Park
Master Plan needs to address maintenance issues and scheduling, such as mowing and trail
refurbishment.
n. The Final Site Plan shall be fully dimensioned; including a sheet with both lots in their entirety
including all improvements, calculations and artificial lot line; and if necessary a detail sheet of Lot
5 and a detail sheet of artificial Lot 3.
o. A scaled, dimensioned, detailed plan of all parking facilities (both on-site and off-site), including
bicycle racks, accessible parking including aisles, ramps and signage, and standard aisle and parking
spaces shall be provided.
p. The final landscape plan shall be consistent with Chapter 18.48, BMC.
q. Street vision triangles shall be delineated on the landscaping plan.
r. Pursuant to Section 18.38.060 of the Bozeman Unified Development Ordinance, no porch, deck,
balcony, stoop or other similar feature may encroachment further than permitted by the granting of
the relaxation from Section 18.16.050 “Yards” to encroach three (3) feet into the 5-foot side yard
setback.
s. Pursuant to Section 18.38.050.F of the Bozeman Unified Development Ordinance, no rooftop or
ground-mounted mechanical equipment shall be visible from adjacent properties and public streets.
All mechanical equipment shall be completely screened from view and depicted as such on the final
site plan. Any proposed rooftop mechanical equipment shall be incorporated into the roof form as
an architectural feature that incorporates similar materials and elements as that of the building and
all ground or wall mounted equipment shall be completely screened from view, prior to temporary
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occupancy being issued for the building. In order to screen wall and/or ground-mounted mechanical
equipment, the Planning Office will accept the installation of a wall constructed of materials
matching the building or the installation of evergreen shrubs planted at a height to obscure the
equipment.
t. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
u. The FSP shall be adequately dimensioned.
v. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to
remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City
Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations),
storm water detention/retention basin details (including basin sizing and discharge calculations, and
discharge structure details), storm water discharge destination, and a storm water maintenance plan.
w. A storm water easement must be established on the adjacent property and filed with the County
Clerk and Recorder’s Office for the retention pond and discharge course if located off the subject
property.
x. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire
Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City
Engineer prior to initiation of construction of the fire service or fire protection system. The applicant
shall also provide Professional Engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings.
y. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be completed by the applicant.
z. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire
hydrants. Proposed main extensions shall be labeled "proposed".
aa. The drive approach shall be constructed in accordance with the City's standard approach (i.e.,
concrete apron, sidewalk section and drop-curb), unless a relaxation is granted, and shown as such
on the FSP. A City Curb Cut and Sidewalk Permit shall be obtained prior to FSP approval.
bb. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot
off property line) along the street(s) frontage. Any deviation to the standard alignment or location
must be approved by the City Engineer.
cc. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be
provided to and approved by the City Engineer. Concrete curbing shall be provided around the
entire new parking lot perimeter and adequately identified on the FSP.
dd. Any floor drains proposed for the building interior shall be shown on the FSP. Floor drains located
in a vehicle accessible area shall be provided with a City Standard grit/oil separator approved by the
City Engineer. A detail for the grit/oil separator shall be provided with the FSP.
ee. All existing utility and other easements must be shown on the FSP.
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ff. Adequate snow storage area must be designated outside the sight triangles, but on the subject
property (unless a snow storage easement is obtained for a location off the property and filed with
the County Clerk and Recorder's office).
gg. Drive approach and public street intersection sight triangles shall be free of plantings which at
mature growth will obscure vision within the sight triangle.
hh. If construction activities related to the project result in the disturbance of more that 1 acre of natural
ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a
Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control
plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100’
from State Waters.
Please be 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.
Attached are the original documents for the CUP conditions and SID waivers. These need to be
reviewed, executed and recorded prior to final site plan approval. Please include copies of the recorded
documents with submission of the final site plan. If you have any questions or concerns, do not hesitate
to contact me at 586-5266, or the Planning Department at 582-2260.
Sincerely,
Lanette Windemaker, AICP
Contract Planner
Attachments: CUP conditions.
Intersection improvements SID waiver.
Park maintenance SID waiver.
cc: Bitnar Architects, 502 S. Grand Avenue, Bozeman, MT 59715
C&H Engineering and Surveying, 205 Edelweiss Drive, Bozeman, MT 59718