HomeMy WebLinkAboutVillage Downtown Lofts Planned Unit Development.pdf1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Village Downtown Lofts Planned Unit Development – Request for extension of
Final Site Plan Approval - #Z-04265A
MEETING DATE: March 22, 2010
AGENDA ITEM TYPE: Action
RECOMMENDATION: Staff recommends approval of the Village Downtown’s request for a five
(5) year extension to their Village Downtown Lofts PUD Final Site Plan extending the approval until
May 3, 2015.
BACKGROUND: As noted in the attached letter, the Village Downtown has requested a five (5)
year extension to their Village Downtown Lofts Planned Unit Development (PUD) Final Site Plan
approval. Buildings A and B (located on the west side of Village Downtown Boulevard) have been
constructed. Buildings C and D (located on the east side of Village Downtown Boulevard) have not
been constructed and are subsequently the issue of this request.
The Final PUD Site Plan for these four buildings was originally approved on May 3, 2005. Under the
allowances of the Bozeman Municipal Code (BMC), in 2007 the Planning Director administratively
granted two six month extensions. In June of 2008, the City Commission approved an additional two
year extension (extending the approval to May 3, 2010). As noted in the applicant’s letter, they are
now requesting an additional extension of five (5) years or until May 3, 2015. According to Section
18.36.060.B (Duration of Final “PUD” Plan Approval), this extension request must be reviewed and
approved by the City Commission.
Under the terms of the BMC governing Final Site Plans, these types of extension requests require the
Planning Director/City Commission to “determine whether the relevant terms of this title and
circumstances have (or have not) significantly changed since the initial approval.” The only
significant ordinance change that has been made since the approval of this site plan that would/could
materially affect this project is the adoption of the Workforce Housing Ordinance in August of 2007.
While this request would extend a site plan approval for ten (10) years, (and the longest initial site plan
approval period even contemplated in the BMC is for five (5) years for a “Master Site Plan” or the
development guidelines for a “Phased PUD”), in this particular case, the public infrastructure (e.g.
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streets, sidewalk, street lights, water, sewer, etc.) to serve this particular development have already
been completed. In addition, and very importantly, the developer is not proposing any changes to the
approved plans.
Due to the slowdown in the economy over the past couple of years, there are a number of approved
final site plans that are going to expire or only a few of the initially approved buildings have been
constructed as the projects have stalled (e.g. residential condominium projects approved under site
plans where only some of the buildings have been constructed). Staff has been wrestling with when
extension requests should be granted due to the slowdown of construction on some of these previously
approved projects. Perhaps this should be a policy discussion by the City Commission where the
different scenarios the Planning Department is facing could be discussed and staff could be provided
guidance by the Commission.
In this particular case, however, the required public infrastructure to serve the two (2) uncompleted
buildings has been completed and obviously the developer has expended significant resources to
complete this work. Only the buildings and the typical site work to serve the individual buildings needs
to be completed.
FISCAL EFFECTS: The standard application fee for review of site plan extension requests was
received and added to the Department of Planning’s application fee revenue.
ALTERNATIVES:
1) Approve the extension as requested.
2) Approve a different extension time.
3) Denial of the extension request.
4) As suggested by the Commission.
Attachments: Applicant’s Extension Request
Village Downtown Lofts Building/Site Plan
Photo of constructed buildings
Report compiled on: March 16, 2010
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