HomeMy WebLinkAbout22323 Conditional Approval Letter
December 19, 2023 – Transmitted via Project Dox only.
RTR Holdings, c/o Randy Hecht
Zach Lowe, Stahly Engineering
RE: The Cottages at Bozeman Site Plan, Project 22323, for Lot 1. Block 3, South
University District Major Subdivision Phase 3.
Dear Applicant:
The Bozeman Department of Community Development is pleased to award conditional-approval of
the site plan for the above-referenced property and residential development. The details of the staff
evaluation of your site plan proposal can be found in the staff report which has been added, along with
this letter, to the City Documents folder of the Project Dox file for this application. Please forward this
letter and the staff report to applicable members of your team.
Please be aware that as the applicant you must comply with all provisions of Chapter 38 of the Bozeman
Municipal Code (BMC) that are applicable to this project. Pursuant to Section 38.230.150, amendments
to approved plans must be reviewed and may be approved by the Community Development Director
upon determining that the amended plan is in substantial compliance with the originally approved plan.
If not, an application for a Modification to the approved Site Plan would be required.
The four conditions of approval for this site plan are:
1. 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 (BMC) or State law.
2. The subject property is located within the Meadow Creek Subdivision Signal, Water and Sewer
payback district boundary. If the subject property did not participate in the original cost of
construction of improvements, the subject property will be accessed a payback charge prior to
site plan approval. Reference document:
https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181718&
https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181719&
https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=129437&
3. Per the South University District Subdivision Final Plat (J-695) Condition of Approval No. 1,
Certificate of Occupancy will not be issued for the project site, Lot 1, Block 3 of the South
University District Phase 3 Subdivision, until all required on- and off-site improvements for
South University District Phase 3 Subdivision are completed and accepted by the City of
Bozeman in accordance with the accepted "Phasing Improvements Plan for South University
District Phase 3 Subdivision" (April 2021), or as established in subsequent City review.
4. Per BMC 38.270.040.A. the Parkland improvements associated with this development must be
completed or financially guaranteed before a certificate of occupancy for the development is
granted. Prior to final site plan approval, the park master plan amendment associated with
project 22237 SUD must be reviewed and approved by the Parks and Recreation Director.
You have the right to appeal this decision of the Community Development Director pursuant to the
provisions of the Bozeman Municipal Code. Please note that this decision is subject to appeal by other
aggrieved parties as defined by Sec. 38.700.020 of the Bozeman Municipal Code. Such appeals must
be filed pursuant to the provisions of Sec. 38.250.030 of the Bozeman Municipal Code. An appeal must
be filed within 10 working days following the date of this decision. If a valid appeal is filed, no further
action on the project may proceed until a decision on the appeal is made by the City Commission, and
the Community Development Department and Building Division will not be able to approve any building
permits or to perform any inspections related to this application.
If you have any questions, or if the Community Development Department can be of further assistance,
please do not hesitate to contact your Development Review Coordinator Jonathan Fuller at
jfuller@bozeman.net.
Sincerely, Susana Montana, Senior Planner