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HomeMy WebLinkAboutLEGENDS AT BRIDGER CREEK II 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 June 19, 2007 Edgewood, LLC 430 N. Ryman, 2nd Floor Missoula, MT 59802 RE: Legends at Bridger Creek II PUD Modification #Z-07086 Dear Matt: At its June 18, 2007, public hearing, the Bozeman City Commission voted unanimously, 5-0, to conditionally approve the Legends at Bridger Creek II PUD Modification. Regarding the Legends at Bridger Creek II PUD Modification, the Planning Director hereby grants approval contingent upon satisfactorily meeting the following conditions: 1. The relaxation to allow a lot area minimum square footage of 4,593 square feet shall be restricted to the 22 lots intended for single-household attached duplex townhouses. 2. Plans showing the location, size, and number of all sewer and water services with the revised lot layout shall be submitted to and approved by the City Engineer and Water/Sewer Superintendent. No building permits shall be issued prior to the installation and acceptance of all service stubs. 3. Easements along the common property line between lots shall be provided where any service is closer than 10’ to the common line. 4. The location of all existing and proposed private utilities and appurtenances must be shown on the service line plans. 5. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 6. 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 Municipal Code. Page 2 7. 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 Municipal Code. 8. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. In addition to the specific conditions listed above, the final plan shall comply with the standards identified below and referenced in the Bozeman Municipal Code. a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. 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. Please Note: The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. The program includes standards and procedures for seeking City participation in funding capacity expanding infrastructure. Failure to comply with the standards and procedures specified in Chapter 3.24, BMC will automatically disqualify a project from possible impact fee funding regardless of other qualifying characteristics. Please feel free to contact me at 586-5266 if you have any questions. Sincerely, Lanette Windemaker, AICP Contract Planner Cc: Land West Consulting, LLC, 321 E. Main St., Ste. 202, Bozeman, MT 59715 PLANNING DEPARTMENT STAFF REPORT #Z-07086 LEGENDS AT BRIDGER CREEK II PUD MODIFICATIONS Item: Zoning Application #Z-07086  An application for Modification of a Conditional Use Permit for the Legends at Bridger Creek II Planned Unit Development to allow construction of single-family townhouses in an attached duplex orientation on lots 26-38 and 53-59. The property, is legally described as Tract 2 of the Plat Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the S½ of Section 32, T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. Owner/Applicant: Edgefield, LLC, 430 Ryman, 2nd Floor, Missoula, MT 59802; Paul Rugheimer, 506 Oxford Drive, Bozeman, MT 59715; Peter Rugheimer, 1404 Story Mill Road, Bozeman, MT 59715; and Mary Wictor, 408 208th Ave. NE, Sammamish, WA 98074-6959. Representative: Land West Consulting, LLC, 2135 Charlotte St., Suite 1B, Bozeman, MT 59718. Date/Time: Before the Design Review Board on Wednesday, May 23, 2007, at 5:30 p.m. in the second floor Conference Room at the Professional Building, 20 East Olive Street, Bozeman, Montana, and Before the Bozeman City Commission on Monday, June 18, 2007, at 6:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. Report By: Lanette Windemaker, AICP; Contract Planner Recommendation: Conditional Approval PROJECT LOCATION The property is located ~ 1,300 feet east and ~ 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill Road. The property is legally described as Tract 2 of the Plat Recorded in Film 12, pg. 825, and Lots 27 and 28 of the Mt. Baldy Subdivision, located in the S½ of Section 32, T1S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The property zoned R-1 (Residential Single-Household, Low Density District) and is within the Rouse Avenue and State Primary (Bridger Canyon Road) Entryway Corridor Overlay District. Please refer to the vicinity map on the following page. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 2 PROPOSAL Application has been made to modify the approved Conditional Use Permit (CUP) for the Legends at Bridger Creek II Planned Unit Development (PUD) Preliminary Plan. This PUD is ~ 57 acres to be developed as 127 lots for single household use with a community center, park, open space and trail system. The modification requested would allow the construction of 22 single-family townhouses in an attached duplex orientation on lots 26-38a and 53-59a. The applicant is proposing to relocate 2 lots from other areas in the PUD to include in the townhouse units. The project will have access from MT Highway 86 (aka Bridger Drive/Bridger Canyon Road), Boylan Road, and internal streets. The applicant is requesting relaxation of standards in the Bozeman Municipal Code for the following section: 18.16.040, Lot Area and Width; to allow lots to have a minimum area of 4,593 square feet. 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. ZONING DESIGNATION & LAND USES The subject property is zoned “R-1” (Residential Single-Household, Low Density District), and is within the Rouse Avenue and State Primary (Bridger Canyon Road) Entryway Corridor Overlay District. The intent of the “R-1” residential district is to provide for single-household residential development and related uses within the City at urban densities, and to provide for such community facilities and services as will serve the area’s residents while respecting the residential character and quality of the area. The intent of the Entryway Corridor Overlay district is to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in this title, and by stimulating and assisting, in conjunction with other provisions of this title, #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 3 improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. The following land uses and zoning are adjacent to the subject property: North: “AS” (County Zoning Agricultural Suburban) – Unincorporated, agricultural, and dwelling units. East: “R-1” (Residential Single-Household, Low Density District) – Creekwood Subdivision. South: “RS” (Residential Suburban) –Unincorporated, Mt. Baldy and Ed Vogel Subdivisions, dwelling units. West: “R-1” (Residential Single-Household, Low Density District) – Legends at Bridger Creek I. ADOPTED GROWTH POLICY DESIGNATION The property is designated as “Residential” in the Bozeman 2020 Community Plan. The “R-1” (Residential Single-Household, Low Density District) zoning designation is consistent with this land use designation of the property. Residential. 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 residential designation also indicates that it is expected that development will occur within municipal boundaries which may require annexation prior to development. 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. Medium density areas should have an average minimum density of twelve units per net acre. High density areas should have an average minimum density of eighteen 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. The residential designation is intended to provide the principal locations for additional housing within the Planning Area. REVIEW CRITERIA & FINDINGS The City of Bozeman Planning Office has reviewed the Conditional Use Permit (CUP) with relaxations for the Baxter Meadows Planned Unit Development (PUD) Phase 4 Preliminary Plan against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. The findings outlined in this report include comments and recommended conditions provided by the Development Review Committee (DRC) and Design Review Board (DRB). #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 4 Section 18.34.090 “Site Plan and Master Site Plan Review Criteria” In considering applications for site plan approval under this title, the Planning Director, City Commission, DRC, and when appropriate, the ADR Staff, the DRB, the BABAB, the CAHAB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy. The development proposal is in conformance with the “Residential” land use designation in the Bozeman 2020 Community Plan. Specific goals related to the Bozeman 2020 Community Plan include the following: • Goal 4.9.1 Community Design–Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use. • Goal 5.7.1 Housing–Promote an adequate supply of safe housing that is diverse in type, density, and location, with a special emphasis on maintaining neighborhood character and stability. This project has a net density of ~ 5.7 dwelling units per acre. The minimum net density has to be balanced with the requirement to implement the progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, including land use patterns and development of the property that addresses compatibility with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods. This modification does not change the net density. 2. Conformance to this title, including the cessation of any current violations. The final plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. a. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. b. 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. 3. Conformance with all other applicable laws, ordinances and regulations. Staff has found the application in general compliance with all other applicable law, ordinances, and regulations, and the applicant is required to provide copies of all applicable permits prior to Final Site Plan approval. 4. Relationship of site plan elements to conditions both on and off the property. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 5 With the conditions outlined by the DRC and the DRB, the elements of the Legends at Bridger Creek II PUD plan including the land use patterns, circulation, and open space are arranged in an appropriate manner and would be compatible with the conditions both on and off the property. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions. This modification does not change the requirements of the approved final PUD Plan. 6. Pedestrian and vehicular ingress, egress and circulation. Pedestrian circulation is provided throughout Legends II with sidewalks along streets or within open space areas, and a circular trail system through the project. The PUD plan includes interior streets with access off of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Boylan Road. All lots are provided with vehicular access either from local streets, private lanes and/or alleys. This modification does not change the requirements of the approved final PUD Plan. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. 8. Open space. This modification does not change the amount of open space in the approved final PUD Plan. 9. Building location and height. Maximum building height for each residential district shall be as follows: Residential Building Height Table Maximum Building Height in Feet Roof Pitch in Feet R-1 Less than 3:12 24 3:12 or greater but less than 6:12 28 6:12 or greater but less than 9:12 32 Equal to or greater than 9:12 36 10. Setbacks. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are: 1. Front yard: a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet. b. Adjacent to collector streets as designated in the Bozeman growth policy - 20 feet. c. Adjacent to local streets - 15 feet. 2. Rear yard - 20 feet. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 6 a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet. 3. Side yard - 5 feet, or 0 feet for interior walls of townhouses. 11. Lighting. The project will provide subdivision lighting in accordance with Section 18.42.150.C. 12. Provisions for utilities, including efficient public services and facilities. The project will provide utilities in accordance with the Bozeman Municipal Code. The design reports for utilities have been submitted to the Engineering Department for review. 13. Site surface drainage and storm water control. Storm water detention areas have been shown of the plan. The design report for storm water control has been submitted to the Engineering Department for review. 14. Loading and unloading areas. No applicable. 15. Grading. Plans and specifications for utilities, roads and storm water control will address grading and be submitted to the Engineering Department for review. 16. Signage. Not applicable. 17. Screening. Not applicable. 18. Overlay district provisions. This proposed modification is interior to the PUD and will have no impact on the Rouse Avenue and Bridger Canyon Drive Overlay district. 19. Other related matters, including relevant comment from affected parties. Not applicable. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 7 Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits” In addition to the review criteria outlined above, the City Commission shall, in approving a conditional use permit, find favorably as follows: 1. 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. Other than the conditions recommended for approval, the site is generally adequate in size and topography to accommodate the potential uses and related site improvements. 2. That the proposed use will have no material adverse effect upon the abutting property. Legands at Bridger Creek II PUD is bordered on two sides by new subdivisions - Legends I to the west and Creekwood to the east, Bridger Creek is on the north side, and on the south side are existing rural subdivisions – Mount Baldy and Ed Vogel. It is designed with open space buffers along the north and west boundaries, and an alley as requested by the adjoining property owners along the south. The east side has been designed to blend with the Creekwood Subdivision. Therefore, this modification will generally have no material adverse effect upon the abutting property. 3. 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. This project has a net density of ~ 5.7 dwelling units per acre. This modification does not change the net density. b. Special yards, spaces and buffers. This modification does not change the requirements of the approved final PUD Plan. c. Special fences, solid fences and walls. This modification does not change the requirements of the approved final PUD Plan. d. Surfacing of parking areas. Planning Staff has not recommended any additional conditions addressing surfacing of parking areas. e. Requiring street, service road or alley dedications and improvements or appropriate bonds. All public streets, lanes and alleys will be dedicated and improved. f. Regulation of points of vehicular ingress and egress. Planning Staff has not recommended any additional conditions addressing accesses. g. Regulation of signs. Planning Staff has not recommended any additional conditions addressing signage. h. Requiring maintenance of the grounds. Planning Staff has not recommended any additional conditions addressing maintenance. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 8 i. Regulation of noise, vibrations and odors. Planning Staff has not recommended any additional conditions addressing noise, vibrations and odors. j. Regulation of hours for certain activities. Planning Staff has not recommended any additional conditions addressing regulation of hours for certain activities. k. Time period within which the proposed use shall be developed The applicant must submit the Final Site Plan within 1 year of City Commission approval, and must undertake development of the project within 2 years of final site plan approval. l. Duration of use. Conditional use permits run with the land, subject to application and adherence to all special conditions of approval. Planning Staff has not recommended any additional conditions addressing duration of use. m. Requiring the dedication of access rights. It is a code provision that all rights of way be dedicated. n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. Any additional conditions stated in this approval are deemed necessary to protect the public health, safety and general welfare. Chapter 18.36 “Planned Unit Development Design Objectives and Criteria” In addition to the review criteria outlined for site plan and conditional use permit review, the City Commission shall, in approving a planned unit development, find favorably as follows: All Development (1) Does the development comply with all City design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? The applicant has not requested a deviation, waiver or relaxation from any of the above listed services, and the development generally complies with city design standards. (2) Does the project preserve or replace existing natural vegetation? In the area along Bridger Creek there are cottonwoods, dogwood, quaking aspen, chokecherry, willow and alder. In the area that has historically been in agricultural use there are no significant levels of mature vegetation (trees or large bushes). (3) 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? With both vehicular and pedestrian connectivity, the elements of the site plan are designed to produce an efficient, functionally organized and cohesive planned unit development. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 9 (4) 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 materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? The availability of internal pedestrian circulation created by sidewalks, pathways, and the trail system contribute to the overall reduction of energy use by the project. (5) 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 residential areas are generally designed for some level of privacy, with open space corridors providing separation. (6) Park Land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by §18.50.020, BMC? This modification does not change the requirements of the approved final PUD Plan. (7) Performance. All PUDs shall earn at least twenty performance points. The approved final PUD Plan achieves this requirement. (8) 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 design of the PUD provides integrated circulation patterns with connections to all adjacent streets. The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to enjoy the open space areas and trail system. Residential Development (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the Bozeman growth policy? This project has a net density of ~ 5.7 dwelling units per acre. The minimum net density has to be balanced with the requirement to implement the progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, including land use patterns and development of the property that addresses compatibility with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods. This modification does not change the net density. (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? The project provides for a variety of outdoor areas, with both private yards and public spaces. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 10 (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? The project provides outdoor areas that include a community center, pedestrian trail(s), as well as areas for passive recreation. (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Not applicable. (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? The overall project is designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities. (6) Residential Density Bonus. Not applicable. (7) Limited Commercial. Not applicable. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? The overall project is a single-use development in a largely rural but developing area. However, the Bozeman 2020 plan has designated this area for “Residential” land use. Therefore, this project promotes the rural character of the adjacent neighborhood by allowing and promoting pedestrian trails, and by preserving watercourses. PUBLIC COMMENT No public comment has been received to date. Any public comments received after the date of this report will be distributed at the public hearing. RECOMMENDED CONDITIONS OF APPROVAL 1. The relaxation to allow a lot area minimum square footage of 4,593 square feet shall be restricted to the 22 lots intended for single-household attached duplex townhouses. 2. Plans showing the location, size, and number of all sewer and water services with the revised lot layout shall be submitted to and approved by the City Engineer and Water/Sewer Superintendent. No building permits shall be issued prior to the installation and acceptance of all service stubs. 3. Easements along the common property line between lots shall be provided where any service is closer than 10’ to the common line. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 11 4. The location of all existing and proposed private utilities and appurtenances must be shown on the service line plans. 5. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 6. 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 Municipal Code. 7. 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 Municipal Code. 8. The final site plan shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. CONCLUSION/RECOMMENDATION The Planning Staff, the Bozeman Development Review Committee (DRC), Design Review Board (DRB), and other boards, when appropriate, have reviewed application #Z-07086, Modification of the approved Conditional Use Permit (CUP) for the Legends at Bridger Creek II Planned Unit Development (PUD) against the criteria set forth in Section 18.34.090, Section 18.34.100 and Chapter 18.36 of the Bozeman Municipal Code. Based on the evaluation of said criteria and findings by the Planning Staff, the application, with conditions, is found to be in general compliance with the adopted Growth Policy and the City of Bozeman Municipal Code, and recommends conditional approval of said application subject to the conditions and code provisions outlined in this staff report. 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 and conditions of this staff report. #Z-07086 Legends at Bridger Creek II PUD Modifications: Staff Report 12 The applicant must comply with all other provisions of the Bozeman Municipal Code, 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. THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION FOR MODIFICATION OF A CUP FOR THE LEGENDS AT BRIDGER CREEK II PUD. ANY AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN MUNCIPAL CODE MAY APPEAL THE DECISION OF THE CITY COMMISSION. cc: Edgefield, LLC, 430 Ryman, 2nd Floor, Missoula, MT 59802. Paul Rugheimer, 506 Oxford Drive, Bozeman, MT 59715; Peter Rugheimer, 1404 Story Mill Road, Bozeman, MT 59715; and Mary Wictor, 408 208th Ave. NE, Sammamish, WA 98074-6959. Land West Consulting, LLC, 2135 Charlotte St., Suite 1B, Bozeman, MT 59718.