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HomeMy WebLinkAbout26351 Review Letter - Conditional Approval October 23, 2026 Transmitted via ProjectDox Only Intrinsik Architecture tsteinway@intrinsikarchitecture.com RE: Boutique Hotel Modification, Application 26351 Dear Applicants, The Bozeman Department of Community Development is granting approval with conditions and code provisions for the project referenced above as set forth in Chapter 38, Bozeman Municipal Code and Title 76, Chapter 25, Montana Code annotated. The application requests approval for the following modifications to the Boutique Hotel Site Plan/Commercial Certificate of appropriateness with Deviation, Application 24147: • Reconfigure the layout of Level 6 to be 17 guest rooms. • Add an additional story, Level 7, which will be programmed with the reconfigured rooftop restaurant and 6 guest rooms. • 68 of the originally proposed guest rooms will be unchanged with this modification. 3 guest rooms, originally on Level 6, will be included on the modified new Level 7. • The proposed changes add a total of 20 guest rooms from 71 guest rooms to 91 guest rooms. • Minor exterior material changes along the alley elevation. • The application does not propose any changes to the building’s footprint or location, design of the building on the primary facades, site design, pedestrian access, parking location, landscaping or lighting. • All changes as detailed in application #26351 A public notice period was conducted for this modification application between September 28, 2026 and October 20, 2026. No public comment was received. Please be aware that as the applicant you must comply with all provisions of Chapter 38 of the Bozeman Municipal Code that are applicable to this project, including but not limited to the following: Code Provisions 1. Per Section 38.100.080 & 38.700.110, the proposed project shall be completed as approved and in this application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking said modifications. The only exception to this law is repair. 2. Per Section 38.410.110, Water Adequacy - The development's additional estimated average municipal water demand for the additional 20 rooms is 1.44 ac-feet. The demand must be offset prior to final site plan modification approval. At the City's current cash-in-lieu of water rights (CILWR) fee rate of $6,000/AF the CILWR fee for the project is $8,641. Payment must be made prior to final modification approval. Pursuant to section 38.740.120, BMC, amendments to approved plans must be shown on revised plan drawings and submitted to Community Development for review and may be approved by the Community Development Director or Designee upon determining that the amended plan is in substantial compliance with the originally approved plan. Substantial compliance may be shown by demonstrating that the amendments do not exceed the following thresholds: 1. The proposed use is allowed under the same zoning district use classification as the previous use. Replacement of nonconforming uses must comply with the provisions of 38.790.010 of this chapter. a. FINDING: No change to the approved use is proposed with this application. Application 24147 was approved by the City Commission on August 5, 2025 for hotel use with on-site restaurants, which are principal uses in the B-3 zoning district. 2. Changes proposed for the site, singly or cumulatively, do not increase by more than 20% any of the following: lot coverage by buildings, storage areas, parking areas or impervious surfaces, and/or do not result in an increase in intensity of use as measured by traffic generation, stormwater discharge, or other measurable off-site impacts. a. FINDING: No increase in lot coverage by buildings, storage areas, parking areas, stormwater discharge, or impervious surfaces is proposed with this application. Staff reviewed changes to parking, traffic generation, and other measurable off-site impacts including water and sewer demand. Recognizing the Unified Development Code (UDC) has changed between the approval of site plan Application 24147 and the modifications proposed in Application 26351, the un- modified portions of the application remain as previously calculated, and the modifications and resulting impacts were calculated pursuant to the new 2025 UDC which became effective February 1, 2026. These calculations were combined to determine impacts of the proposed changes. Staff found parking, traffic generation, and utility demand to be below the 20% threshold established by this code section including the following: i. Parking - A 13.3% change to parking demand was calculated with the additional story, guest rooms, and modified Level 7 restaurant space. The parking calculation for Application 26351 requires 51 off street parking spaces to be provided by the applicant. The original parking approval with application 24147 provides 57 available spaces in long-term leases across two sites adjacent to the project. The parking calculations may be found in Application Document 001 – NARRATIVE. ii. Traffic - A memorandum from a Professional Engineer, licensed in the State of Montana with 406 Traffic & Transportation Consulting provided a supplement to the original Traffic Impact Study (TIS, October 2024) reviewed with application 24147. This memo may be found under Application Document 006.01 – Appendix E.1 – TIS Amendment Memo. Following the site plan (Application 24147) approval, the “Institute of Transportation Engineers (ITE) overhauled its Trip Generation guidance since the original TIS was published. The original TIS used ITE’s 11th edition. In the summer of 2025, ITE issued a substantial update of the Trip Generation product, in the form of the 12th edition, and no longer supports the 11th” per the TIS amendment memo. This memo concludes that due to a change in industry guidance, the number of trips is reduced by about 6% when calculating the hotel as a whole. The applicant also provided a narrative with trip generation calculations which shows a 19.45% increase in total project trips from the original entitlement when calculating the unchanged portions of the approved site plan with the 11th edition and the changed portions with the 12th edition. The proposed additional traffic generation is under the 20% threshold. The traffic calculations may be found in Application Document 001 – NARRATIVE. iii. Utility Demand – The additional 20 guest rooms will have a negligible impact on water, sewer, and stormwater systems serving the subject property. A memorandum from a Professional Engineer, licensed in the State of Montana, provided updated water, sewer, and stormwater demand estimates for the project and concluded there is adequate capacity to support the proposed increase to a total of 91 hotel rooms. This memo may be found under Application Document 008 – Appendix G – Water Sewer storm Design Report. The applicant is required to pay updated impact fees with a modified building permit to offset costs of services for water, sewer, fire, and transportation impacts as a part of the modification process. Code provision 2 requires the applicant to offset additional water demand with an additional payment of cash-in- lieu of water rights (CILWR) per the water adequacy requirements in the 2025 UDC. 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. a. FINDING: No unsafe or hazardous conditions are present or proposed with this application. In addition to substantial compliance with the approved plan, staff reviewed the changes proposed in this application for compliance with applicable zoning regulations in the following sections of the Bozeman Municipal Code for B-3 zoning: 1. Sec. 38.220.050.B – B-3 Building standards. The proposed height is compliant with the 2025 UDC adopted B-3 height maximum of 90-feet with 78-feet of building height proposed or 7-stories. The modified level 6 and proposed new level 7 upper stories also meet horizontal massing and window requirements in this section. Building elevations may be found in Application Drawings Folder under drawings 011 through 012. 2. Sec. 38.520.040 – Building massing and articulation. The 2025 UDC requires additional articulation per this section. The modified building height required demonstration that Subsection B is met on the rear and alley elevations. Nonresidential façade articulation as required in this section is met with a change in roofline with vertical building modulation, and an articulation of a single building material through an integrated joint or trim pattern to meet requirements for building walls facing alleys or rear and side yards. Building elevations may be found in Application Drawings Folder under drawings 011 through 012. 3. Sec. 38.530.040 – Number of vehicle parking spaces required. As described above the application is providing the minimum number of parking spaces required in this code section. This new parking calculation provides a requirement for 51 parking spaces to be provided by the applicant. The original parking approval with application 24147 provides 57 available spaces in long-term leases across two sites adjacent to the project. The parking calculations may be found in Application Document 001 – NARRATIVE. Based on the above, the Director determines, considering the aforementioned conditions, the application is in substantial compliance with the Unified Development Code and the zoning map and all impacts resulting from the proposed development were previously analyzed and made available for public review and comment in the adoption of the City’s current land use plan, the adopted Unified Development Code, or the zoning map. This letter and the above findings are the record of review for determining that the subject application 26351 is in substantial compliance with the criteria and regulations adopted by the State of Montana and the City of Bozeman and the approved site plan application 24147. 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. 38.800.020 of the Bozeman Municipal Code. Such appeals must be filed pursuant to the provisions of Sec. 38.760.030 of the Bozeman Municipal Code. An appeal must be filed within 15 business 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 Community Development Board in its role as the Planning 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. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates, please contact the Department of Community Development and/or visit https://www.bozeman.net/departments/community-development/development-center/impact-fees. If you have questions, or if the Department of Community Development can be of further assistance, please don’t hesitate to contact your Development Review Coordinator who can connect you to reviewing staff at drcoordinator@bozeman.net Sincerely, Danielle Garber, Senior Planner City of Bozeman Department of Community Development For office use only DATE OF FINAL DECISION ________________________________________ DIRECTOR OR DESIGNEE SIGNATURE _______________________________