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February 25, 2022 Capstone Collegiate Communities Davis Maxwell 431 Office Park Drive Birmingham, AL 35223 dmaxwell@capstonemail.com – letter & attachments transmitted via ProjectDox only
Subject Property: no address assigned at this time
Legal Description: South University District Ph. 3, Block 3, Lot 1, in S24, T02 S, R05 E, Acres 18.85, Plat J-695 To whom it may concern: In response to your request for information regarding the above-referenced property, we have researched our files and present the following: 1. The current zoning classification for the subject property is: REMU (residential emphasis mixed- use zoning district). The intent of the REMU residential emphasis mixed-use zoning district is to provide for areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. Development within the district may take advantage of the elements it promotes, including but not limited to a diverse array of commercial and civic uses to support residential development, creating walkable communities with an enhanced sense of place, and sustainable developments with an emphasis on natural amenities. 2. According to the zoning ordinances and regulations of this district, the use of the subject property for residential development is a:
Permitted Use by Right Permitted Use by Special/Specific Use Permit (see comments, or attached approval documentation) Permitted Use by Conditional Use Permit (see comments, or attached approval documentation) Legal Non-Conforming Use (use was existing prior to the adoption of the zoning ordinance/code) Non-Permitted Use ***** Comment: see Division 38.310 – Permitted Uses, Bozeman Municipal Code.
3. Conformance: Per current zoning ordinances and regulations applicable to the subject property, the use of the property for residential development is: Legal Conforming (complies with, or is otherwise exempt from, applicable zoning regulations, including parking) Legal Non-Conforming (does not meet the current zoning requirements due to amendments, re-zoning, variance granted or other changes, but was legal when established. See comments) Non-Conforming (see comments) ***** Comment: see Sections 38.310.040 and 38.310.060 of the Bozeman Municipal Code for permitted uses and supplemental use provisions within the REMU district. Several residential uses are recognized as principal uses within the district.
4. Information regarding variances, special permits/exceptions, ordinances or conditions: There do not appear to be any variances, special permits/exceptions, ordinances or conditions that apply to the subject property. The following apply to the subject property: ___ Variance ___ Deviation ___ Special Permit/Exception ___ Ordinance _X Conditions Conditions of approval from the South University District Subdivision and as Amended, requirements for infrastructure installation, and associated improvements agreement apply. A master site plan for the South University District has been approved. See also Section 38.330.020, REMU district – Special standards. 5. Rebuild: In the event of casualty, in whole or in part, the structure located on the subject property: May be rebuilt in its current form (i.e. no loss of square footage, same footprint, with drive through(s), if applicable). May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations or requirements. Does not apply. ***** Comment: No structures appear to be located on the subject property. 6. Code Violations Information: There do NOT appear to be any outstanding/open zoning or building code violations that apply to the subject property. The following outstanding/open ______ zoning / ______ building code violations apply to the subject property: ***** Comment: Contact the Building Department (406-582-2375) and Fire Department (406-582-2350) to be sure the structure is in compliance with departmental regulations. There do not appear to be outstanding or open zoning violations on the subject property. 7. Certificate of Occupancy, status: A Certificate of Occupancy is pending based on required improvements being completed for the subject property. A valid Certificate of Occupancy has been issued for the subject property. A valid Certificate of Occupancy has been issued for the subject property (approximate issuance date___________); however, we are unable to locate a copy in our records. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. Certificates of Occupancy for projects constructed prior to the year 1996 are no longer on file with this office. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. A Certificate of Occupancy will only be required for new construction. A Certificate of Occupancy is not required for the subject property. A Temporary Certificate of Occupancy has been issued, pending completion of related site improvements. ***** Comment: No Certificate of Occupancy is required due to lack of buildings at this time. A Certificate of Occupancy will be required prior to occupancy of any buildings approved for construction. Contact the
Building Department (406-582-2375) and Fire Department (406-582-2350) to be sure the property is in compliance with departmental regulations. No Certificate of Occupancy appears to be on record for the subject property; there do not appear to be any structures located on the subject property. Further comments regarding the subject property: Use and development of the subject property is subject to all applicable provisions of the Unified Development Code as presented in chapter 38 of the Bozeman Municipal Code. Development within this district encourages use of master site plans and planned unit developments (PUDs). The subject property was annexed as part of the South University District in 2012 through Resolution No. 4367 and zoned as REMU upon annexation (A09002 South University District Annex, Z09242 South University District ZMA). Resolution No. 4367 is available on Laserfiche. Files are available for review in the Community Development Department at 20 E. Olive Street, Bozeman, MT. This information was researched on February 25, 2022, by the undersigned, per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to the information supplied by the requestor. The Authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. ZONING AUTHORITY: Claire Morrison, Assistant Planner – Dept. of Community Development For office use only: DATE OF FINAL DECISION __2/25/2022______________ DIRECTOR’S SIGNATURE _______________________________