HomeMy WebLinkAbout011_22112 The Flats at Bozeman ZV Letter05/12/2022 - Transmitted via Project Dox
Zach Lowe
Stahly Engineering
851 Bridger Drive
Bozeman, Montana 59715
zlowe@seaeng.com
Subject Property: SOUTH UNIVERSITY DISTRICT PH 3, S24, T02 S, R05 E, BLOCK 4,
Lot 1, ACRES 11.89, PER PLAT J-695 (00RGG84921)
To Whom It May Concern:
In response to your request for information regarding the above-referenced property, we have researched our
files and present the following:
1. The current zoning classification for the subject property: REMU (Residential Emphasis Mixed-Use
District).
The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in
character and to provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings, two to four
household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting
residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood
setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of vibrant,
urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more self-
sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to
pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete streets.
6. Providing standards and guidelines that emphasize natural amenities;
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are within the
neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term financial
viability;
d. Allow an appropriate blend of complementary mixed land uses including, but not
limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and
civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing
or planned residential area to help sustain commercial uses within walking distance and a wider range of
housing types.
2. According to the zoning ordinances and regulations of this district, the use of the subject
property as an apartment building, apartments, and/or townhouses & rowhouses are a:
Permitted Use by Right
Permitted Use by Special/Specific Use Permit (see comments, or attached approval documentation)
Permitted Use by Conditional Use Permit (see comments, or attached approval documentation)
Legal Non-Conforming Use (use was existing prior to the adoption of the zoning ordinance/code)
Non-Permitted Use
***** Comment: The use of an apartment building or apartments are permitted by right within the REMU
zoning district. Additionally, the townhouses and rowhouses are permitted by right if the dwellings are
five or fewer attached units. Please see Sec. 38.310.040 of the Bozeman Municipal Code (BMC) for
more information on authorized uses within the REMU zoning district.
3. Conformance: Per current zoning ordinances and regulations applicable to the subject
property, the current structure(s) is:
Legal Conforming (complies with, or is otherwise exempt from, applicable zoning regulations,
including parking)
Legal Non-Conforming (does not meet the current zoning requirements due to amendments, re-
zoning, variance granted or other changes, but was legal when established. See comments)
Non-Conforming (see comments)
***** Comment: This is not applicable as there are no structures located on the subject property.
4. Information regarding variances, special permits/exceptions, ordinances or conditions:
There does not appear to be any variances, special permits/exceptions, ordinances or conditions
that apply to the subject property.
The following apply to the subject property: ___ Variance
___ Deviation
___ Special Permit/Exception
___ Ordinance
_ Conditions
5. Rebuild: In the event of casualty, in whole or in part, the structure located on the subject
property:
May be rebuilt in its current form (i.e. no loss of square footage, same footprint, with drive
through(s) , if applicable).
May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations or
requirements.
Please see section 38.280 of the current zoning code/ordinance for details.
Does not apply.
6. Code Violations Information:
There do NOT appear to be any outstanding/open zoning or building code violations that apply to
the subject property.
The following outstanding/open ______ zoning / ______ building code violations apply to the subject
property:
***** Comment: Community Development Staff does not see any code enforcement activity related to this
subject property. You will need to check with the Building Department (406-582-2375) and the Fire
Department (406-582-2350) to be sure the structure is in compliance with Departmental regulations
7. Certificate of Occupancy, status:
A Certificate of Occupancy is pending based on required improvements being completed for the
subject property.
A valid Certificate of Occupancy has been issued for the subject property. A copy is attached for
your reference.
A valid Certificate of Occupancy has been issued for the subject property (approximate issuance
date ________); however, we are unable to locate a copy in our records. The absence of a Certificate of
Occupancy will not give rise to any enforcement action affecting the property.
Certificates of Occupancy for projects constructed prior to the year 1996 are no longer on file with
this office. The absence of a Certificate of Occupancy will not give rise to any enforcement action
affecting the property. A Certificate of Occupancy will only be required for new construction.
A Certificate of Occupancy is not required for the subject property.
A Temporary Certificate of Occupancy has been issued, pending completion of related site
improvements.
***** Comment: This is not applicable as the subject property is vacant.
ZONING AUTHORITY: