HomeMy WebLinkAbout23033 Approval LetterPage 1 of 2
July 28, 2023 via Project Dox only
TO: Jeremy May, Headwaters Engineering
Adam Lamb, Flood Gates LLC/Urban Villas Condo Master
RE: Application 23033: Urban Villas Site Plan located at the southwest corner of Catalyst Street
and North 27th Avenue on Lot 3A, Block 2 of the Amended Plat of Phase 3 of Cattail Creek
Subdivision, J-415A, Section 35, Township 1 South, Range 5 East, PMM, City of Bozeman, Gallatin
County, MT.
Dear Applicants:
The Site Plan application for the residential development to be located at the above-referenced
property has been conditionally approved. Please see the Staff Report attached to the Project
Dox City Documents folder for this application. The Staff Report contains the analysis, and code
provisions related to this approval.
The conditions of approval of this site plan are as follows:
CONDITIONS OF APPROVAL
1. There were previously addresses assigned, taxes assessed, and units bought and sold,
in this development per the condo declarations that were recorded, Clerk and Recorder
document #2298018, on April 23, 2008. Those will need to be removed before new
addresses can be assigned. New addresses can't be assigned over something that was
already legally declared. This will need to be cleared up prior to building permit
application, as you will need the new addresses to apply for the new permits.
2. DSSP II.B – Storm Drainage Plan – Prior to building permit issuance, the regional HOA
storm ponds must be rehabilitated to the capacity stated in the Applicant’s storm water
design report. The rehabilitation must be to the satisfaction of the City of Bozeman
Storm Water Department.
3. These conditions are in addition to any required code provisions identified in this report
and noted below. Should additional conditions of approval and code corrections be
required, the Director of Community Development will include them with the final report.
Required Bozeman Municipal Code standards yet to be met are:
CODE PROVISIONS
1. BMC 38.410.060 – Easements. All easements must be recorded in a form acceptable to
the city. The draft release and reconveyance of the public access easement must be
submitted for review and city signatures and filed with the County Clerk and Recorder
prior to final site plan approval.
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2. BMC 38.420.030.D – Parkland. Where a cash donation has been accepted in-lieu of land
dedication the amount of cash donation must be stated on the final plan as appropriate.
The cash in lieu of parkland must be paid prior to final site plan approval. A CILP memo
has been added to the city documents folder. The amount will be assessed in Naviline.
Payment is due prior to final site plan approval.
3. BMC 38.410.130. Water Adequacy: The existing CILWR credit of 12.11 acre-feet (AF) for
the property, obtained at the time of subdivision, is sufficient to cover the development's
demand of 5.90 AF. There will be a remaining credit of 6.21 AF running with the
property after site plan approval is received.
4. BMC 38.270.070C.4. Special Improvement Districts (SID). Submit a copy of the recorded
SID waiver prior to final site plan approval.
As the Applicant, you must comply with all provisions of the Bozeman Municipal Code (BMC),
which are applicable to this project. All 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.
Future Impact Fees - 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 Mr. Chris Saunders of the
Department of Community Development at csaunders@bozeman.net and please reference the
21354-project number on any such correspondence.
Please be informed that ANY changes from the approved Site Plan must be reviewed
by the Department of Community Development prior to implementation or
construction; such change may require submittal of a formal Modification application
per BMC 38.230.150.B.
This Director of Community Development conditional-approval of the subject site plan may be
appealed filing a notice of appeal with the Clerk of the Commission for the City of Bozeman, within
ten working days after the date of approval as evidenced by the Director’s signature on the staff
report, by following the procedures of Section 38.250.030, BMC.
If you have questions, or if the Department of Community Development can be of further
assistance, please contact your Development Review Coordinator, Diane Tolhurst, at 406-582-
2938 or dtolhurst@bozeman.net.
Sincerely,
Susana Montana, Senior Planner