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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
MEMORANDUM
TO: Bob Murray, Project Engineer
John Alston, Water/Sewer Superintendent
Neil Poulsen, Chief Building Official (2 copies)
Greg Megaard, Fire Marshall
FROM: Lanette Windemaker, Contract Planner
DATE: November 19, 2004
RE: Village Downtown (Townhouses) Approved Final Site Plans, #Z-03134
Attached, please find approved Final Site Plans for the above referenced project. The original one is
dated 8/24/04 and the amendment is dated 11/19/04. I must have forgotten to send out the orginal. If
you do not wish to keep a copy, please return it to me.
Two (2) signed originals of the Final Site Plan have been forwarded to the City of Bozeman Building
Department, who may proceed with accepting the application for a building permit and complete their
review of the project. One (1) copy of the Final Site Plan is for the Building Department files and one
(1) will be attached to the approved building permit application for the builder, which must be
kept on the site during construction of the project.
Building Division: Because this project does NOT involve public infrastructure, you do not need to
route out the building permit (except for impact fees) as long as it is the same as the approved
Final Site Plan.
cc: The Village Investment Group, Inc., 101 East Main Street, Bozeman, MT 59715
Bitnar Architects, 502 S. Grand Avenue, Bozeman, MT 59715
C&H Engineering and Surveying, 205 Edelweiss Drive, Bozeman, MT 59718
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 1
CITY COMMISSION STAFF REPORT FILE NO. Z-03134
THE VILLAGE DOWNTOWN PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAN
ITEM: ZONING APPLICATION #Z-03134. A PLANNED UNIT
DEVELOPMENT PRELIMINARY PLAN APPLICATION FOR
THE VILLAGE DOWNTOWN TO ALLOW CONSTRUCTION
OF 32 TOWNHOUSE UNITS. THE PROPERTY, LOCATED
EAST OF NORTH BROADWAY AVENUE AT EAST
MENDENHALL EXTENDED, IS LEGALLY DESCRIBED AS A
PORTION OF LOT 1, AMENDED PLAT C-23-A10. THE
PROPERTY IS ZONED “R-O” (RESIDENTIAL OFFICE
DISTRICT).
APPLICANT: THE VILLAGE INVESTMENT GROUP, INC., C/O MIKE
DELANEY, 101 EAST MAIN STREET, BOZEMAN, MT 59715
OWNER: BRC INVESTMENTS, 103 BLACKTAIL COURT, BUTTE, MT
59701
REPRESENTATIVE: C & H ENGINEERING AND SURVEYING, INC., 205
EDELWEISS DRIVE, BOZEMAN, MT 59718
ARCHITECT: BITNAR ARCHITECTS, 502 S. GRAND AVE., BOZEMAN,
MT 59715.
DATE/TIME: CITY COMMISSION: 7:00 P.M. ON MONDAY, AUGUST 18,
2003 IN THE COMMISSION MEETING ROOM OF CITY
HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA
REPORT BY: LANETTE WINDEMAKER, AICP; CONTRACT PLANNER
RECOMMENDATION: CONDITIONAL APPROVAL
1. Project Description:
The property, located east of North Broadway Avenue at East Mendenhall extended, is legally
described as a portion of Lot 1, Amended Plat C-23-A10, City of Bozeman, Montana. Please refer to
the vicinity map on the following page.
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 2
RECOMMENDED CONDITIONS OF APPROVAL
The Bozeman Development Review Committee (DRC) and the Design Review Board (DRB) have
reviewed the Preliminary Plan for a Planned Unit Development against the criteria set forth in
Section 18.52, 18.53 and Section 18.54 of the Zoning Ordinance. Based on the evaluation of said
criteria and findings by the Planning Staff, staff recommends the following conditions of approval
and code provisions to the City Commission:
PUD Plan Specific Conditions:
Planning:
1. A detailed landscape plan in accordance with Section 18.49 “Landscaping” shall be provided
with the Final Site Plan for review and approval by the Planning Office. All common landscaped
areas, including trees, shall have an automatic irrigation system.
2. All boulevard trees must be located outside the street vision triangle. Applicant shall obtain the
necessary boulevard tree permits from the Forestry Division.
3. A materials sample board and color palette shall be provided with the Final Site Plan for review
and approval by the Planning Office.
4. The Covenants shall describe any fencing (backyard walls, privacy fences, etc.) allowed in the
subdivision, including type, height, color, extent, and maintenance.
5. The Covenants under Article V, Architectural Control, shall note that the Board of Directors or
Architectural Committee approval letter must be attached to all City of Bozeman building permit
applications, and shall note that construction may not commence without the approval of the City
of Bozeman Building Division and necessary permits obtained and fees collected.
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 3
6. In addition to conformance with Section 18.50.035 of the Bozeman Zoning Ordinance, all
outdoor lighting, residential, commercial or otherwise, shall be free of glare, and shall be fully
shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property’s lot
line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be
permitted. Alley lights shall be fully shielded lights. Covenants of the development shall reflect
these restrictions. For purposes of this paragraph, the following definitions shall apply:
a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays
are emitted by the installed fixture at angles above the horizontal plane as certified by a
photometric test expert;
b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces;
c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer’s
ability to see, and in extreme cases, causing momentary blindness; and
d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-
made device located outdoors that produces light by any means.
7. No rooftop or ground-mounted mechanical equipment shall be visible from adjacent properties
and public streets. All mechanical equipment shall be completely screened from view and
depicted as such on the final site plan. Any proposed rooftop mechanical equipment shall be
incorporated into the roof form as an architectural feature that incorporates similar materials and
elements as that of the building and all ground or wall mounted equipment shall be completely
screened from view, prior to temporary occupancy being issued for the building. In order to
screen wall and/or ground-mounted mechanical equipment, the Planning Office will accept the
installation of a wall constructed of materials matching the building or the installation of
evergreen shrubs planted at a height to obscure the equipment.
8. Any proposed subdivision signs (identification signs) must obtain sign permit approval through
the Planning Department and are subject to Section 18.65.
9. The applicant shall be allowed one (1) temporary sign during construction. This sign shall be a
maximum of thirty-two square feet and contain all necessary and desired information (i.e. names
of developer, real estate agency, contractor, financial institution, etc.). The applicant shall obtain
the necessary sign permit through the Planning Department.
Planning Standard Conditions:
10. The applicant must submit seven (7) copies a Final Site Plan within 6 months of preliminary
approval containing all of the conditions, corrections and modifications to be reviewed and
approved by the Planning Office.
11. A Building Permit must be obtained prior to the work, and must be obtained within one year of
Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is
approved. Minor site surface preparation and normal maintenance shall be allowed prior to
submittal and approval of the Final Site Plan, including excavation and footing preparation, but
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 4
NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
12. The applicant shall enter into an Improvements Agreement with the City to guarantee the
installation of required on-site improvements at the time of Final Site Plan submittal. If
occupancy of the structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security equal to
one and one-half times the amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less than twelve (12) months;
however, the applicant shall complete all on-site improvements within nine (9) months of
occupancy to avoid default on the method of security.
PROPOSAL/BACKGROUND
Application has been made for a Preliminary Plan review of the Village Downtown Planned Unit
Development to allow the development of 32 townhouse units with garage access from private alleys
at the rear of each lot on 8 acres located east of North Broadway Avenue at East Mendenhall
Avenue extended, approximately 2000 feet north of East Main Street. This application is being
processed concurrently with the required subdivision preliminary plat #P-03021. The subject
property is zoned “R-O” (Residential Office District).
The townhouse lots will occupy 42% of the subject property. The remaining portion of the subject
property is in common ownership: consisting of private alleys, open space, and a public trail. The
2020 Plan and Bozeman Area Transportation Plan show possible future trail corridors generally as
shown on this plan along the old railroad berm and trestle. The trail is required to be developed
as a Class II trail under condition of approval # 4 of the minor subdivision approved August 5, 2002.
The necessary Environmental Assessment and Community Impact Statement have been submitted
with the preliminary plan application. Included in the preliminary plan application was a traffic
report prepared for the subdivision, which addresses traffic concerns on surrounding streets and
improvements to these streets.
The applicant is requesting the following relaxations from the Bozeman Zoning Ordinance:
Section 18.26.020 (Permitted Uses) To allow permitted uses to include townhouse
clusters, not to exceed seven units, based on similarity of uses to apartment building and
multi-family dwellings;
Section 18.26.030 (Lot Area and Width) To allow lot areas to be reduced from 5,000
square feet to 4,680 square feet, and lot widths to be reduce from 50 feet to 36 feet to provide
higher density within the core of Bozeman without taking away from the open space and
quality of landscaping;
Section 18.26.040 (Lot Coverage) To allow lot coverage to be increased from 40% to
55% to provide higher density for increase convenience for residents and allow for more
usable open space;
Section 18.26.050 (Yards) To allow the front yard setback to be reduced to 15’, the rear
yard setback to be reduced to 10’, and the side yard setback to be reduced to 0’ enabling the
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 5
townhouses to be cluster tightly together providing more usable open space and higher
density within the downtown area;
Section 18.26.060 (Building Height) To allow the maximum building height to be
increased from 38’ to 40’ to accommodate chimney feature as a characteristic architecture
feature;
Section 18.50.060.C (Special Yard Setbacks) To allow the corner side yard to be provided
by common open space to provide higher density within the core of Bozeman without taking
away from the open space and quality of landscaping; and
Section 18.50.100.A (Public Street Frontage Required) to allow the public street
frontage on 4 lots to be reduce to 0’ with alleys to allow an alternative design.
Concurrent Construction – The applicant is requesting concurrent construction under Section
18.50.030.D (Water and Sanitary Sewer System Requirements).
Streets and Traffic Calming Measures – The subdivision would take access from East Mendenhall
Street extended on the east side of North Broadway Avenue with the provision of a “boulevard-like”
street with a landscaped center median, ending at a cul-de-sac with an emergency access easement to
the northwest. The proposed dwelling units would have pedestrian access from city standard streets
and vehicular access from improved alleys.
Open Space/Park Areas – Approximately 50% of the property is in open space, with the trail
comprising about 14% of the open space.
Dwelling Densities – This proposal for 32 townhouse units will have a density of 4 dwelling units
per acre.
ADJACENT LAND USES & ZONING The subject property is zoned “R-O” (Residential Office District). A grouping of old barns exist
on the subject property.
North: “M-1” (Light Manufacturing) – vacant; railroad right-of-way
“R-4” (Residential High Density) – vacant
East: “M-1” (Light Manufacturing) – undeveloped land containing active wetlands
South: “B-2” (Community Business) – various businesses along East Main Street
West: “R-3A” (Residential Two-Family, Medium Density) – various residences
“M-1” (Light Manufacturing) – various businesses
APPLICABLE REVIEW CRITERIA
In approving a Planned Unit Development application, the City Commission shall consider the
criteria set in Section 18.53.030 of the Zoning Ordinance and find as follows:
1. That the proposed use shall be in conformance with the Bozeman growth policy.
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 6
The property is currently designated Residential in the Bozeman 2020 Community Plan. The ‘R-O’
zoning designation is consistent with the Residential land use designation of the property. 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 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. 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.
Compatibility with adjacent land uses and zoning is required. The proposed PUD plan would meet
the intent of and be compatible with adjacent land uses and zoning. The proposed PUD would be in
conformance with the Bozeman 2020 Community Plan.
2. That the conditional use has complied with all requirements of this title.
This Planned Unit Development application for a low-density residential development includes a
request for the following relaxations from the Bozeman Zoning Ordinance:
Section 18.26.020 (Permitted Uses) To allow permitted uses to include townhouse
clusters, not to exceed seven units, based on similarity of uses to apartment building and
multi-family dwellings;
Section 18.26.030 (Lot Area and Width) To allow lot areas to be reduced from 5,000
square feet to 4,680 square feet, and lot widths to be reduce from 50 feet to 36 feet to provide
higher density within the core of Bozeman without taking away from the open space and
quality of landscaping;
Section 18.26.040 (Lot Coverage) To allow lot coverage to be increased from 40% to
55% to provide higher density for increase convenience for residents and allow for more
usable open space;
Section 18.26.050 (Yards) To allow the front yard setback to be reduced to 15’, the rear
yard setback to be reduced to 10’, and the side yard setback to be reduced to 0’ enabling the
townhouses to be cluster tightly together providing more usable open space and higher
density within the downtown area;
Section 18.26.060 (Building Height) To allow the maximum building height to be
increased from 38’ to 40’ to accommodate chimney feature as a characteristic architecture
feature;
Section 18.50.060.C (Special Yard Setbacks) To allow the corner side yard to be provided
by common open space to provide higher density within the core of Bozeman without taking
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 7
away from the open space and quality of landscaping; and
Section 18.50.100.A (Public Street Frontage Required) to allow the public street
frontage on 4 lots to be reduce to 0’ with alleys to allow an alternative design.
The intent of planned unit development concept is to promote maximum flexibility and innovation in
the development of land and the design of development projects within the city. The Design Review
Board and Administrative Design Review staff considered the request against the merits of the
proposal; and as a result, determined that a relaxation of the standards will produce an environment,
landscape quality, and character superior to that produced by the existing regulatory standards.
Based on the information and data provided in the application for a Planned Unit Development
Preliminary Plan, and recommended conditions of approval by the DRC and DRB, the planned unit
development application will comply with the all conditions stipulated in Chapter 18.50.
3. 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.
The proposed PUD has ample room throughout the 8 acres to accommodate the proposed dwelling
units and open space/park areas.
4. That the site for the proposed use relates to streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic generated by the proposed use.
The proposed PUD would take access from East Mendenhall Street extended on the east side of
North Broadway Avenue with the provision of a “boulevard-like” street with a landscaped center
median, ending at a cul-de-sac with an emergency access easement to the northwest. The proposed
dwelling units would have pedestrian access from city standard streets and vehicular access from
improved alleys.
5. That the proposed use will have no adverse effect upon the abutting property.
No adverse effects upon abutting property have been noted. There is a combination of residential,
commercial and industrial uses adjacent to this property. There may be future residential
development to the north on the property zoned R-4.
The Mill Ditch Diversion runs through the southwest corner of the property and borders the property
on the west and north sides. The ability of the Mill Ditch Diversion to transport agricultural water
will not be adversely impacted. A portion of the stormwater will be retained in detention ponds prior
to being transferred to the Mill Ditch diversion. Design and specifications for this have been
provided to the Engineering Department.
6. 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; b) Special yards, spaces and buffers; c) Special fences, solid fences,
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 8
and walls; d) Surfacing of parking areas; e) Requiring street, service road or alley dedications
and improvements or appropriate bonds; f) Regulation of points of vehicular ingress and
egress; g) Regulation of signs; h) Requiring maintenance of the grounds; i) Regulation of noise,
vibrations, odors; j) Regulation of hours for certain activities; k) Time period within which the proposed use shall be developed; l) Duration of use; m) Requiring the dedication of access
rights; n) Other such conditions as will make possible the development of the City in an
orderly and efficient manner.
The recommended conditions of approval provided by the DRC and DRB are provided at the
beginning of this staff report.
Section 18.54 “Planned Unit Development Criteria”
In approving a Planned Unit Development, the City Commission is charged with finding that criteria
outlined in Section 18.54.100 are adequately addressed and may consider any conditions deemed
necessary to protect public health, safety and welfare. Planning staff has evaluated the application
against the applicable Planned Unit Development review criteria and offers the following summary
review comments below.
All Development
1. Is the development compatible with, and sensitive to, the immediate environment of the
site and the adjacent neighborhoods relative to architectural design, building bulk and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site
and visual integrity?
The layout of the PUD, both the lots and street system, is sensitive to the immediate environment
2. Does the development comply with all city design standards, requirements and specifications for the following services: water supply, sanitary supply, fire protection, flood
hazard areas, telephone, cable television, trails/walks/bike ways, irrigation companies,
electricity, natural gas, storm drainage, streets?
The project, through subdivision review, generally complies with all city design standards.
3. Does the project preserve or replace existing natural vegetation?
The proposed development will mitigate the noxious weed problem on this property and replace
natural vegetation.
4. Have special precautions been taken to preserve existing wildlife habitats, natural wildlife food services, or existing places, or are these areas being preserved?
There are no critical or significant wildlife populations on or adjacent to the site.
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 9
5. If the proposed project is located within a locally designated historical district or
includes a locally designated landmark structure, is the project in conformance with the city's
Historic Preservation Ordinance?
The Historic Preservation Office conducted research into the proposed site to determine the historic
value of the site and existing buildings, and provided recommendations dated July 12, 2002.
Historic Preservation Office recommendations:
1. That the proposed main roadway through the development be named in recognition of its
historic past. Options to consider include: Gallatin Mill Road, McAdow Road and Mill
Creek Road.
2. That a ground-mounted plaque providing an overview of the site’s important historic past be
constructed as a prominent, pedestrian-oriented area at the site. Such a plaque should include
the mill etchings as well as a historic narrative of the site.
The recommendation for the plaque is condition of approval #30 of the minor subdivision that was
approved August 5, 2002.
6. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and
walkways or into any residential area?
The PUD proposes to light street and significant pedestrian intersections. The proposed street
lighting would be meet with the city’s standards. Condition # 6 address lighting concerns with
regards to glare and preservation of dark sky.
7. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) arranged on the site so that activities are integrated with the organizational
scheme of the community and neighborhood?
Overall, the PUD is arranged to integrate itself with the adjacent developing neighborhoods.
8. 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?
The PUD is designed to produce an efficient and cohesive development.
9. Is the design and arrangement of elements of the site plan (e.g., buildings circulation,
open space and landscaping, etc.) in harmony with the existing natural topography; natural
water bodies and watercourses; existing vegetation?
The design of the planned unit development not only preserves, but enhances the adjacent Mill Ditch
Diversion.
10. 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
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 10
materials; and/or use of renewable energy sources, etc.) contribute to the overall reduction of
energy use by the project?
The primary energy saving aspect of this PUD project is the internal pedestrian circulation with
sidewalks, pathways, and trail system.
11. 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 open space areas are very accessible to the general public, and while the
residences abut the open space areas, the design of the townhouse units provide privacy to the
residences.
12. Open space.
Approximately 50% of the property is in open space, with the trail comprising about 14% of the open
space. The trail will be dedicated to meet the park dedication requirements through the subdivision
process.
13. Is the active recreational area suitably located and accessible to the residential units it is
intended to serve and is adequate screening provided to ensure privacy and quiet for
neighboring residential uses?
The active recreational areas are readily accessible by the general public as well as area residents.
14. Is the pedestrian circulation system designed to assure that pedestrians can move safely
and easily both within the site and between properties and activities within the neighborhood
area?
There is a comprehensive pedestrian plan proposed for the PUD involving sidewalks, pathways and
trail, which allows pedestrians to move within the site and into the adjacent neighborhood area.
15. 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 development integrates itself with the surrounding neighborhoods’ street and pedestrian systems.
The proposed pedestrian plan within the PUD will provide open access for all neighborhoods to
enjoy the open space areas and trail.
16. Does the pedestrian circulation system incorporate design features to enhance
convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting?
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 11
The proposed dwelling units would be accessed from both city standard streets and from improved
alleyways.
The issue regarding lighting has been addressed with condition of approval # 6 to accomplish a
neutral light level, allowing for adequate safety at night yet not obtrusive for area residents.
17. Does the pedestrian and bicycle trail system adequately connect to the systems in
adjacent developments?
There is an extensive pedestrian plan proposed for the PUD, which will allow for safe pedestrian and
bicyclist circulation.
18. Does the landscape plan enhance the appearance of vehicular use, open space and
pedestrian areas which contribute to their usage and visual appearance?
The overall landscape design enhances and defines a more intimate streetscape for those areas along
the parkways. Open space and trail areas will be enhanced with further landscaping.
19. Does the landscaping plan enhance the building(s)?
Contained within the Covenants are specific landscaping requirements to add to the urban forestry
and enhance the neighborhood character.
20. If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the site plan to avoid interfering with public access to
that area?
The proposed PUD only enhances the open space or park areas by allowing the general public better
access to these areas and enhancing them for everyone’s enjoyment.
Conclusion/Recommendation:
The Bozeman Development Review Committee (DRC) has reviewed the application for a Planned
Unit Development Preliminary Plan to allow 8 acres to be developed in 32 residential townhouse
units along with alleys, open space areas and trail as part of a planned unit development and as a
result recommends to the City Commission conditional approval of said application with conditions
and code provisions outlined at the beginning of the staff report. On July 8, 2003, the Design
Review Board (DRB) voted to recommend conditional approval of the project.
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 of this staff report. The applicant
must comply with all provisions of the Bozeman Municipal Code, which are applicable to this
project prior to receiving Final PUD Plan 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
The Village Downtown PUD Preliminary Plan #Z-03134
City Commission Staff Report 12
Code or state law.
THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS
APPLICATION FOR A CONDITIONAL USE PERMIT. ANY AGGRIEVED PERSON AS SET FORTH IN SECTION 18.58 OF THE BOZEMAN ZONING ORDINANCE MAY
APPEAL THE DECISION OF THE CITY COMMISSION.
Attachments: Applicant’s Submittal.
DRB minutes of Preliminary Plan review (July 8, 2003).
cc: The Village Investment Group, Inc., c/o Mike Delaney, 101 East Main Street, Bozeman,
MT 59715
BRC Investments, 103 Blacktail Court, Butte, MT 59701
C & H Engineering and Surveying, Inc., 205 Edelweiss Drive, Bozeman, MT 59718
Bitnar Architects, 502 S. Grand Ave., Bozeman, MT 59715
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood
coordination
To: Debbie Arkell, Director of Public Service
From: Lanette Windemaker, AICP; Contract Planner
Date: October 13, 2003
Re: The Village Downtown Major Subdivision PUD, #P-03021A Concurrent
Construction
Attached is The Village Downtown’s concurrent construction plan, original improvements
agreement, engineer’s estimate of cost of infrastructure, original letter of credit, original hold
harmless agreement, and certificate of liability insurance.
The Commission approved current construction for this project on August 18, 2003. DRC
reviewed this concurrent construction plan on October 7, 2003, and approved the plan with
conditions. Bob Murray and I have reviewed the plan and found that all of the conditions had
been met. The letter of approval will clarify “H”, the two units may not be open to the public as
model homes until occupancy is granted.
I need your signature on the improvements agreement and the hold harmless agreement.
Please return the originals to me at Planning. They will be retained in the Planning file.
Thanks.
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Street address: Alfred M. Stiff Professional Building
20 East Olive Street
Mailing address: P.O. Box 1230
Bozeman, Montana 59771-1230
Phone: (406) 582-2260
Fax: (406) 582-2263
E-mail: planning@bozeman.net
World wide web: www.bozeman.net