HomeMy WebLinkAbout21- Findings of Fact - Bozeman Gateway PUD Major Modification, App 2005120051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 1 of 35
20051 City Commission Findings of Fact for the Bozeman Gateway PUD
Major Modification
Date: Design Review Board, March 24, 2021, at 5:30 pm via WebEx.
City Commission, April 13, 2021, at 6:00pm via WebEx.
Project Description: A major modification to the Bozeman Gateway PUD, originally approved in 2006. The modifications include eliminating conflicts within the Bozeman Gateway PUD Development Manual (Development Manual) based on previous modifications that have been approved over time, simplifying and clarifying sections of the Development Manual to comply with the current Unified Development Code, and to request four additional relaxations. The property is zoned B-2.
Project Location: Bozeman Gateway PUD Subdivision, S14, T02S, R05 E, Gallatin County, Bozeman, Montana
Recommendation: Approval with conditions and code requirements.
Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20051 and move to recommend approval of relaxation numbers 1, 2, and 3 and denial of relaxation number 4 of the modification to the Bozeman Gateway Planned Unit Development application, subject to conditions and all applicable code provisions.”
Report Date: March 31, 2021
Staff Contact: Sarah Rosenberg, AICP, Associate Planner
EXECUTIVE SUMMARY
Unresolved Issues There are four relaxation requests affiliated with this modification. The Development Review Committee (DRC) does not support the relaxation request to allow for site and building lighting to have a maximum LED color temperature of 4000K. This development has had past violations regarding building lighting, which contributed to staff’s and the DRB’s recommendation to deny the relaxation request as outlined in the staff analysis below. Relaxation number 4 is analyzed separately in section 6 of this staff report which recommends denial of the relaxation request.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 2 of 35
Project Summary The property owner and applicant applied to modify the Bozeman Gateway Planned Unit Development (PUD). Located on Huffine Lane at the southwest corner of College Street, the 72-acre mixed-use development has evolved over time to provide a variety of different uses within it that include retail, restaurants, and offices. In total, there are five different phases within the development. Three of the five phases have undergone the subdivision process and are continuing to be developed. Phase four and five require further subdivision in order to be developed. These preliminary plat applications are currently in review. Proposed future development in these phases include a town center, a residential component, and hospitality uses. Since its inception, there have been numerous modifications to the development including changes to lighting fixtures, parking, allowable uses, signage, materials, setbacks, open space, pad sites, and parkland. Per Bozeman Municipal Code (BMC) 38.430.040.A.3(d), amendments to the final PUD can be reviewed as minor changes or major changes. This application includes major changes that require the review to follow the same PUD review and public notice process required for the approval of preliminary plans. The major changes to this plan include the following additional relaxations to the overall development: 1. BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board (DRB) as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. 2. BMC 38.310.040.C. Residential in the B-2 zone district. Request to allow ground floor residential in a B-2 zone district as a principal use. 3. BMC 38.320.050. Building Height in the B-2 zone district. Request to replace the 65 foot height allowance from the original Bozeman Gateway PUD (Z-05217), condition of approval number 42, and to allow a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. 4. BMC 38.570. – Lighting. Request to allow site and building lighting to have a maximum LED color temperature of 4000K, rather than 3000K as allowed by code. This application also includes some general cleanup of the Development Manual such as eliminating conflicts based on past approved modifications, simplifying and clarifying sections of the Development Manual to comply with the current Unified Development Code, and providing additional exhibits in the appendices.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 3 of 35 The subject property’s Future Land Use Designation was recently changed through the adoption of the Bozeman Community Plan 2020 from Community Commercial Mixed Use to Regional Commercial and Services. The property is zoned B-2. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the city. Applicants can request relaxations from code requirements in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of this proposal is superior to what would be obtained from the application of the default B-2 district. The DRC finds that as the development has advanced, there are components of the lighting that do not show a superior outcome. The DRC has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review containing detailed documentation necessary for review. The DRB is reviewed the application on March 24, 2021. The Design Review Board (DRB) is the design review advisory body to the City Commission on this application and must make a recommendation to the City Commission. After deliberation, the DRB recommended approval 3-1 of relaxations 1-3 on the application. The City Commission reviewed this application on April 13, 2021. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application of relaxations 1-3 and denial of relaxation 4. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission’s review, deliberation, and findings may be found at the following webpage: https://bozeman.granicus.com/player/clip/75?view_id=1&redirect=true
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 4 of 35
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - REQUESTED RELAXATIONS ..................................................................... 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 10
SECTION 4 – REQUIRED CODE PROVISIONS ................................................................ 12
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 13
IN SUPPORT OF RELAXATIONS 1-3 ................................................................................ 13
SECTION 6 - STAFF ANALYSIS AND FINDINGS RECOMMENDING DENIAL OF
RELAXATION NUMBER 4. ................................................................................................. 24
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 32
APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF ........................... 34
ATTACHMENTS ................................................................................................................... 34
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 5 of 35
SECTION 1 - MAP SERIES
Zoning classification
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 6 of 35
Current Land Use Map
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 7 of 35
Future Land Use Map
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 8 of 35
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 9 of 35
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 10 of 35
SECTION 2 - REQUESTED RELAXATIONS 1. BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the DRB as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. 2. BMC 38.310.040.C. Residential in the B-2 zone district. Request to allow ground floor residential in a B-2 zone district as a principal use. 3. BMC 38.320.050. Building Height in the B-2 zone district. Request to replace the 65 foot height allowance from the original Bozeman Gateway PUD (Z-05217), condition of approval number 42, and to allow a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. 4. BMC 38.570. – Lighting. Request to allow site and building lighting to have a maximum LED color temperature of 4000K, rather than 3000K as allowed by code. The relaxations may be granted with a PUD. Only Relaxation 3 affects a relaxation that was previously approved through the PUD process. The applicant does not otherwise seek to make any changes to previously approved relaxations. The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and supports requested relaxations 1-3. Staff finds that the criteria are not met with relaxation 4 to allow site and building lighting to have a color temperature of 4000K. See below for the staff analysis and findings for justification of its decision to recommend denial of relaxation 4 in Section 6.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. 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 BMC or state law. 2. BMC 38.430.040.A.3. The final planned unit development plan must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. 3. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final PUD plan, design guidelines, and associated property owners’ association (POA) documents as approved:
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 11 of 35 a) BMC 38.210.010.C. DRB Review. Request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the Design Review Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217), condition of approval number 40. b) BMC 38.310.040.C. Residential in the B-2 zone district. Allow ground floor residential in a B-2 zone district as a principal use. c) BMC 38.320.050. Building Height in the B-2 zone district. Request to remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-05217), condition of approval number 42 and to allow for a building height of 85.8 feet or maximum height as allowed by the underlying zone district, as the allowable height through the development, whichever is greater. 4. All lighting that references the allowance for 4000K in the Development Manual must be adjusted to 3000K. 5. The following addresses new issues and must be added to the Bozeman Gateway Development Manual Site Lighting section: a) All wall mounted light fixtures must be downlit only; no uplighting is allowed. b) Entrance lighting may not exceed a height of twelve feet or one story, whatever is less. c) Any lighting above the first floor not required by the Building Code is prohibited. Any building mounted lighting cannot illuminate more than 15% of the façade. Each façade is calculated separately. d) Lighting of expansive wall planes, towers, roofs, or the use of architectural lighting that results in reflective glare or lighting concentrations in excess of 5 footcandles, or lighting that illuminates the majority of the wall plane is prohibited. No lighting can be used to visually break up large building masses at night. 6. The following must be adjusted in the Bozeman Gateway Development Manual, page 56: a) Wall mounted lighting must be downlit. Entrances can be highlighted but must not be mounted above a height of 12 feet or one story, whichever is less. b) Light fixtures must be appropriately shielded to prevent glare and must meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). c) Light spread from fixtures illuminating elements of the facade must not significantly spill over onto neighboring facades. d) All ballasts and conduit must be concealed
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 12 of 35 e) Recessed can fixtures in soffits may be used. f) Permanent strings of light bulbs with less than 4 watts per bulb are permitted for use in lighting outdoor spaces. g) Lighting must comply with all local lighting codes. h) The following exterior lighting shall be used: i. Color temperature (LED and metal halide) cannot exceed 3000K or what is allowed by the BMC, whichever is more restrictive. ii. Lumens cannot exceed 800 lumens, or what is allowed by the BMC, whichever is more restrictive. iii. Volts cannot exceed 120V or what is allowed by the BMC, whichever is more restrictive. iv. Watts cannot exceed 60W or what is allowed by the BMC, whichever is more restrictive. 7. Prior to occupancy, all buildings require a photometric light study to be submitted to the City of Bozeman and certification from the lighting designer that the lighting is installed in conformance with the approved plans. 8. No property may be removed from the PUD or POA covenants without written approval of the City of Bozeman. 9. The City of Bozeman has relied upon the overall design and design standards required as part of the PUD application. The design and design standards may not be altered without consent of the City.
SECTION 4 – REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The POA documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the PUD final plan. 2. BMC 38.430.040.A.3 outlines the review and approval process for the PUD final plan. The final plan must be in compliance with the approved preliminary plan and development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary plan. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 13 of 35
SECTION 5 - STAFF ANALYSIS AND FINDINGS
IN SUPPORT OF RELAXATIONS 1-3 Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. Major modifications to a PUD must follow the same PUD review as required for approval of the preliminary plan. In order to meet the criterion needed for a PUD, it must be demonstrated that it has a character superior to that produced by the existing standards. The analysis in this section is the summary of the completed review and support of relaxations 1-3.
A. Applicable Plan Review Criteria, Section 38.230.100, BMC The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the BMC or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy The future land use designation is Regional Commercial and Services. “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.” The Bozeman Gateway PUD was changed to this designation with the update to the future land use map in the 2020 Community Plan and conforms to this designation. The goals of the Community Plan are separated by each relaxation that is part of the major modification outlined below.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 14 of 35
Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement
for any project within the Bozeman Gateway PUD to be reviewed by the Design Review
Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217),
condition of approval number 40. This criteria is not applicable to this relaxation request because the adopted growth plan doesn’t address whether projects should go to the DRB.
Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow
ground floor residential in the B-2 zone district as a principal use.
Goal DCD-2.7: Encourage the location of higher density housing and public
transit routes in proximity to one another. The relaxation is supported by this goal. When the Bozeman Gateway PUD was adopted, the City Commission imposed a condition that required the development had to have a residential component of at least 70 units. Phase 4 of the development is expected to have two apartment buildings and residential use along the “Main Street” of the Town Center. Allowing for higher density housing nearby a slew of amenities that have already been developed and will continue to develop will assist in supporting concentrated development that uses land more efficiently, promotes walkability, and improves accessibility as this area is serviced by public transit. Although the regional and commercial land use designation states that residential spaces should be located above the ground floor, the majority of the development is commercial use, therefore it is still consistent with this goal.
Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to
remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-
05217), condition of approval number 42 and to allow for a building height of 85.8
feet or maximum height as allowed by the underlying zone district, as the allowable
height through the development, whichever is greater.
Goal DCD-2: Encourage growth throughout the City, while enhancing the
pattern of community development oriented on centers of employment and
activity. Support an increase in development intensity within developed areas. When a property is designated as Regional Commercial and Services under the future land use map, the maximum height may be increased by up to a maximum of 50%, which in this case is 66 feet. Currently, the Bozeman Gateway PUD has a relaxation in place through its initial PUD approval that allows for a maximum building height of 65 feet. At that time, provisions of the BMC limited the maximum building height in the development to 44 feet. Now that the development is within
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 15 of 35 the Regional Commercial and Services zone, the code allows a maximum building height of 66 feet and there is no need for the previous relaxation allowance. Any development with the commercial zone districts can request an additional 30% increase to building height through a conditional use permit, which allows for a maximum building height of 85.8 feet. A conditional use permit is required to be reviewed by the City Commission. This relaxation, if granted, allows any building within the Bozeman Gateway PUD to be built to 85.8 feet or, if the maximum height of its zoning district changes again in the future, the maximum height as allowed by the zone district. The development is bordered by land owned by Montana State University (MSU) to the west and south. MSU’s Long Range Plan shows the university expects to expand development to that area. The annexed MSU property is presently zoned as PLI which does not have a maximum height limit. For an area that is defined to have regional services and that is surrounded by university property, allowing for higher intensity development through greater maximum building height supports the Community Plan. 2. Conformance to chapter 2, including the cessation of any current violations
Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement
for any project within the Bozeman Gateway PUD to be reviewed by the Design Review
Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217),
condition of approval number 40. This criteria is not applicable to this relaxation request because there are no violations related to DRB review.
Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow
ground floor residential in the B-2 zone district as a principal use. This criteria is not applicable to this relaxation request because there are no violations related to the use of residential.
Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to
remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-
05217), condition of approval number 42 and to allow for a building height of 85.8
feet or maximum height as allowed by the underlying zone district, as the allowable
height through the development, whichever is greater. This criteria is not applicable to this relaxation request because there are no violations related to building height in the development.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 16 of 35 3. Conformance with all other applicable laws, ordinances, and regulations.
Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement
for any project within the Bozeman Gateway PUD to be reviewed by the Design Review
Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217),
condition of approval number 40. The request to remove the requirement for any project within the Bozeman Gateway PUD to be reviewed by the DRB is supported by the DRC. The standards of the UDC have evolved to provide more clarity on the design of a project. Any development within the Bozeman Gateway that meets the threshold for review by the DRB per 38.230.040 will require DRB review. The criteria is met because the development of the design manual as well as the adopted standards of Article 5 meet the purposes of DRB review.
Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow
ground floor residential in the B-2 zone district as a principal use. Conformance will be verified with each individual site review.
Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to
remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-
05217), condition of approval number 42 and to allow for a building height of 85.8
feet or maximum height as allowed by the underlying zone district, as the allowable
height through the development, whichever is greater. Conformance will be verified with each individual site plan review. 4. Conformance with special review criteria for applicable permit type as
specified in article 2. A PUD is reviewed using a conditional use permit per section 38.310.040. The analysis for this permit type connects to 38.230.110.E, which are the special review criteria for a conditional use permit. Staff is in support of relaxations 1-3 because they conform to all of the criteria that is outlined within the analysis of the staff report. 5. Conformance with the zoning provisions of article 3, including permitted
uses, form and intensity standards and requirements, applicable
supplemental use criteria, and wireless facilities and/or affordable
housing provisions if applicable.
Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement
for any project within the Bozeman Gateway PUD to be reviewed by the Design Review
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 17 of 35
Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217),
condition of approval number 40. This criteria is not applicable to this relaxation because DRB review is not examined in article 3.
Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow
ground floor residential in the B-2 zone district as a principal use. Residential uses on the ground floor in the B-2 zone district can be granted by the City Commission through a conditional use permit. If the relaxation to allow for ground floor residential is approved, the development will conform to the B-2 zoning provisions. As a PUD is reviewed as a conditional use permit the intent of the standard has been met.
Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to
remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-
05217), condition of approval number 42 and to allow for a building height of 85.8
feet or maximum height as allowed by the underlying zone district, as the allowable
height through the development, whichever is greater. If the relaxation to allow for a building height of 85.8 feet or the maximum height allowed in the underlying zone district is granted, the development will conform to the B-2 zoning provisions. 6. Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element
provisions, and park and recreational requirements. Not applicable. None of the relaxations need to apply to the standards within this article because there is no request to relax from a standard within this article. Further analysis on how the PUD review criteria is outlined below. 7. Conformance with the project design provisions of article 5, including
compatibility with, and sensitivity to, the immediate environment of the
site and adjacent neighborhoods and other approved development; design
and arrangement of the elements of the plan; landscaping; open space;
lighting, signage;
Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement
for any project within the Bozeman Gateway PUD to be reviewed by the Design Review
Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217),
condition of approval number 40.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 18 of 35 Not applicable because DRB review threshold is not examined in article 5.
Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow
ground floor residential in the B-2 zone district as a principal use. Not applicable because the proposed use is not examined in article 5.
Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to
remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-
05217), condition of approval number 42 and to allow for a building height of 85.8
feet or maximum height as allowed by the underlying zone district, as the allowable
height through the development, whichever is greater. Not applicable because building height is not examined in article 5. 8. Conformance with environmental and open space objectives set forth in
articles 4—6, including the enhancement of the natural environment,
watercourse and wetland protections and associated wildlife habitats; and
if the development is adjacent to an existing or approved public park or
public open space area, have provisions been made in the plan to avoid
interfering with public access to and use of that area. Not applicable. None of the relaxations need to apply to the standards. 9. Conformance with the natural resource protection provisions of article 4
and article 6. Not applicable. None of the relaxations apply to the standards. 10. Other related matters, including relevant comment from affected parties. The formal public comment period takes place from March 19 to April 13. Public comment has been received in opposition of the relaxation on building height and lighting. See attached public comment. 11. If the development includes multiple lots that are interdependent for
circulation or other means of addressing requirement 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
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 19 of 35
lots will not cause one or more elements of the development to
become nonconforming. Not applicable. Future subdivision will adhere to this. 12. Phasing of development Not applicable. There is no new proposed phasing for this development.
B. Conditional Use Permit Review Criteria, Section 38.230.110, BMC In addition to the review criteria of section 28.230.100, the following criteria will be used in evaluating the application: 1. The site for the proposed use is adequate in size and topography to accommodate such use, and all yards, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; 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; b. Special yards, spaces and buffers; c. Special fences, solid fences 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 and 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; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. In addition to all other conditions, the following general requirements apply to every conditional use permit granted:
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 20 of 35 1. The right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and, 2. That all of the 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, 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 plan approval or commencement of the conditional use.
Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement
for any project within the Bozeman Gateway PUD to be reviewed by the Design Review
Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217),
condition of approval number 40. The CUP criteria is not applicable to this relaxation request because it does not address whether projects should go to the DRB.
Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow
ground floor residential in the B-2 zone district as a principal use. Residential uses are supported by the uses allowed under a conditional use permit.
Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to
remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-
05217), condition of approval number 42 and to allow for a building height of 85.8
feet or maximum height as allowed by the underlying zone district, as the allowable
height through the development, whichever is greater. The requested 85.8 foot building height is allowed under a conditional use permit. Properties designated regional commercial and services that are zoned B-2 can receive a maximum height increase up to 50% automatically and an additional 30% height increase with a conditional use permit. Staff has concluded that the criteria is met as it is within the allowable maximums of the district.
C. Planned Unit Development Review Criteria, Section 38.430, BMC From the design objectives and PUD review criteria, 38.430.040.E: The city will determine compatibility of a project based on the evidence presented during evaluation of the community design objectives and criteria of this chapter. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 21 of 35 1. All development. All land uses within a proposed planned unit development must comply with the applicable objectives and criteria of the mandatory “all development” group. a. 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? b. Does the project preserve or replace existing natural vegetation? c. 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? d. 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? e. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy of residents of the project? f. Parkland. 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 parkland or open space been provided for each proposed dwelling as required by section 38.420.020? g. Performance. All PUDs must earn at least 20 performance points. h. 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? 2. Commercial. Planned unit developments in commercial areas (B-1, B-2, B-2M, B-3 and UMU zoning districts) may include either commercial or multi-household development; however, adequate but controlled access to arterial streets is required. Activities may include a broad range of retail and service establishments design to serve consumer demands of the city area. a. If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? b. Is the project contiguous to an arterial street, and has adequate but controlled access been provided?
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 22 of 35 c. Is the project on at least two acres of land? d. If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, etc.? e. Is it compatible with and does it reflect the unique character of the surrounding area? f. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? g. Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? h. Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development? Per 38.430.030, all planned unit developments must be reviewed against the development standards established in this chapter. However, in order to encourage creativity and design excellence that would contribute to the character of the community, deviations from the requirements or the standards of this chapter may be granted. The review authority must make a determination that the deviation will produce an environment, landscape quality and character superior to certain code standards in exchange for an enhanced development.
Relaxation 1: BMC 38.210.010.C. DRB Review. Request to remove the requirement
for any project within the Bozeman Gateway PUD to be reviewed by the Design Review
Board as outlined in the original adoption of the Bozeman Gateway PUD (Z-05217),
condition of approval number 40. Not applicable. This relaxation is a procedural requirement that was established with the original adoption of the PUD and has no impact on review criteria.
Relaxation 2: BMC 38.310.040.C. Residential in the B-2 zone district. Allow
ground floor residential in the B-2 zone district as a principal use. Yes. The development meets the applicable objectives of 1h, 2d, 2e, 2g and 2g. At this time, the development solely contains commercial uses and providing high density residential will create a properly integrated mixed use development that encourages infill and provides an adequate amount of outdoor recreational areas.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 23 of 35
Relaxation 3: BMC 38.320.050. Building Height in the B-2 zone district. Request to
remove the 65 foot height allowance from the original Bozeman Gateway PUD (Z-
05217), condition of approval number 42 and to allow for a building height of 85.8
feet or maximum height as allowed by the underlying zone district, as the allowable
height through the development, whichever is greater. Yes. This development meets the applicable objectives of 1c, 1h, 2e, and 2g and allowing for taller buildings meets the growth policy intentions for the surrounding regional area and is integrated into the existing development.
D. Conclusion Based on the analysis above, staff finds that relaxations 1-3 align with the Community Plan, Conditional Use Criteria, and Planned Unit Development Criteria and recommend approval of them. However, since the intent of the PUD is to be of superior character and allow for innovative opportunities, per 38.430.030.A.5, the City has the ability to establish additional design standards, guidelines and policies for the purpose of implementing and interpreting the provisions of the PUD. Due to the previous issues pertaining lighting (see further analysis below in section 6), staff is recommending the following items be updated within the Bozeman Gateway Development Manual to resolve known issues and prevent future issues as outlined in condition of approval number 5 and 6:
Building Lighting
• All wall mounted light fixtures must be downlit only; no uplighting is allowed.
• Entrance lighting may not exceed a height of twelve feet or one story, whatever is less.
• Any lighting above the first floor not required by the Building Code is prohibited. Any building mounted lighting cannot illuminate more than 15% of the façade. Each façade is calculated separately.
• Lighting of expansive wall planes, towers, roofs, or the use of architectural lighting that results in reflective glare or lighting concentrations in excess of 5 footcandles, or lighting that illuminates the majority of the wall plane is prohibited. No lighting can be used to visually break up large building masses at night. Within the Bozeman Gateway Development Manual, there are standards that conflict with what is recommended above as well as the UDC Lighting Section. The following are changes that should be reflected on page 56 of the Manual. The red text reflects what should be added and the struck through text reflects what should be eliminated.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 24 of 35
• Wall mounted lighting must be downlit. Entrances can be highlighted but light fixtures must not be mounted over a height of 12 feet or one story, whichever is less. such as wall sconces, focused on facade elements are encouraged. Entrances and projecting elements should be highlighted to create a visually lively street at night.
• Light fixtures must will be appropriately shielded to prevent glare and must meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral angle around the fixture). A high-quality light design must be incorporated into the overall facade design.
• Light spread from fixtures illuminating elements of the facade must my not significantly spill over onto neighboring facades.
• Lighting such as sconce lights or goose necks shall be used to visually break up large building masses at night.
• All ballasts and conduit must be concealed
• Recessed can fixtures in soffits may be used.
• Permanent strings of light bulbs with less than 4 watts per bulb are permitted for use in lighting outdoor spaces.
• Lighting shall must comply with all local lighting codes.
• The following exterior lighting shall be used :
o LED color temperature of 4000K (highly encouraged)
o Metal Halide color temperature of 4000K
o Color temperature (LED and metal halide) cannot exceed 3000K or what is allowed by the BMC, whichever is more restrictive.
o Lumens cannot exceed 800 lumens, or what is allowed by the BMC, whichever is more restrictive.
o Volts cannot exceed 120V or what is allowed by the BMC, whichever is more restrictive.
o Watts cannot exceed 60W or what is allowed by the BMC, whichever is more restrictive.
• Exposed neon tube or LED string lighting must comply with the City of Bozeman UDC.
SECTION 6 - STAFF ANALYSIS AND FINDINGS RECOMMENDING DENIAL OF RELAXATION NUMBER 4. Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 25 of 35 Major modifications to a PUD must follow the same PUD review as required for approval of the preliminary plan. In order to meet the criterion needed for a PUD, an applicant must demonstrate that it has a character superior to that produced by the existing standards. The analysis in this section is the summary of the completed review and basis for recommending denial of relaxation number 4: BMC 38.570. Building & Site Lighting. Request to allow site and building lighting to be 4000K, rather than 3000K as allowed by code.
A. Applicable Plan Review Criteria, Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the BMC or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy Criteria not met. Allowing for a lighting color temperature at 4000K does not meet the following goals of the Community Plan:
Goal R-2.2 High Risk & Vulnerability: Ensure that strategies directly address
the reduction of risk to human well-being, physical infrastructure, and natural
systems. Higher color temperature from LED lighting emits a large amount of blue light that creates worse nighttime glare than conventional lighting. 4000K lighting produces a blue-rich lighting which can cause eye discomfort, glare, and create a road hazard.i Lower color temperature equates to a more comfortable, less glaring light. The 3000K color temperature aligns with the national Illuminating Engineering Standards set by the Illuminating Energy Society (IES). The IES & International Dark Sky Association (IDA) have produced multiple studies stating that all LED lighting should not exceed 3000K to reduce light pollution to protect the natural landscape, protect health and human safety, conserve nocturnal wildlife, and save energy. Street lighting and outdoor lighting retrofits using 4000K LED lamps could result in a factor of 2.5 increase in light pollution. ii Staff recommends denial of this relaxation because the higher color temperature lighting proposed poses a risk to human well-being by being a hazard to drivers in the area and because it interferes with natural systems according to studies conducted by the IES and IDA; therefore, the requested relaxation is inconsistent with the City’s adopted growth policy.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 26 of 35
2. Conformance to chapter 2, including the cessation of any current violations Bozeman Gateway has violated BMC requirements in the past in regards to excess glare and lights being visible from a substantial distance. One of the violations includes the property located at 1040 & 1060 S. Fowler Avenue “Copper Harbor Building”. There were numerous complaints from the public on the amount of glare and light emitted from the exterior of the building when illuminated. In April 2019, a Notice of Code Violation was issued in regards to the glare and amount of spillover light being cast by the building. This violation is based on BMC 38.570.040.G:
“All outdoor lighting must be designed and located such that the maximum
illumination measured in footcandles at the property line may not exceed .3 on
adjacent residential properties and 1.0 onto adjacent commercial properties and
public rights-of-way.”
“Floodlights, spotlights, or any other similar lighting may not be used to illuminate
buildings or other site features unless approved as an integral architectural element
on the development plan. On-site lighting may be used to accent architectural
elements but not to illuminate entire portions of buildings. Where accent lighting is
used, the maximum illumination on any vertical surface or angular roof surface may
not exceed 5.0 average maintained footcandles.” City of Bozeman Code Compliance inspected the building and found that spill over onto adjacent properties exceeded 1.0 footcandles and the surface light of the building exceeded 5.0 footcandles. The Bozeman Gateway development team made adjustments to the building lighting and provided information illustrating that the lighting meets current code. Although the light colored exterior and the sheer number of lights still produce a brighter façade, it was found that the lighting complied with average maintained footcandles and maximum illumination on adjacent properties. The violation was then lifted. However, there are still issues of noncompliance within the Bozeman Gateway Development. Per 38.570.040.G.3, except for residential lighting, street lighting, pathway intersection lighting and security lighting, all lighting must be turned off between 11:00 p.m. and 6:00 a.m. unless the establishment is actually open for business during that time. Upon an inspection on March 17, 2021 after 11:00pm, many buildings were still illuminated during the time in which they must be turned off. See photos in attachments. Original photos with timestamps are located in the project folder. The denial of relaxation number 4 is supported because of these violations. Staff’s recommendation to include additional changes to the Development Manual pertaining to lighting as a condition of approval of relaxations 1-3 is meant to
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 27 of 35 address past and continuing lighting violations. Per 38.430.030.A.5, the City has the ability to establish additional design standards, guidelines and policies for the purpose of implementing and interpreting the provisions of the PUD as outlined in condition of approval number 5 and 6.
3. Conformance with all other applicable laws, ordinances, and regulations. Conformance with approved lighting plan will be verified with each individual site plan review. Condition of approval number 7 requires verification by appropriate professional.
4. Conformance with special review criteria for applicable permit type as
specified in article 2. A PUD is reviewed using a conditional use permit per section 38.310.040. The analysis for this connects to 38.230.110.E which are the special review criteria for a conditional use permit. See A: Conditional Use Permit review criteria below for further analysis on specific criteria.
5. Conformance with the zoning provisions of article 3, including permitted
uses, form and intensity standards and requirements, applicable
supplemental use criteria, and wireless facilities and/or affordable
housing provisions if applicable. Not applicable because lighting is not reviewed in article 3.
6. Conformance with the community design provisions of article 4, including
transportation facilities and access, community design and element
provisions, and park and recreational requirements. Not applicable. This relaxation does not apply to the standards within this article.
7. Conformance with the project design provisions of article 5, including
compatibility with, and sensitivity to, the immediate environment of the
site and adjacent neighborhoods and other approved development; design
and arrangement of the elements of the plan; landscaping; open space;
lighting, signage; The purpose of the lighting section as outlined in the UDC Section 38.570.010 is to: provide lighting in outdoor public places to protect public health, safety and welfare; provide lighting that protects drivers, bicyclists, and pedestrians from the glare of non-vehicular light sources that impair safe travel; protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources; protect and maintain the character of the City;
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 28 of 35 prevent excessive lighting and conserve energy; and to provide adequate lighting for safe pedestrian and bike travel. Although there is no lighting temperature rating that applies to site and building lighting, there is a street lighting standard that limits temperature to 3000K. The adoption of this standard was driven by the City’s Sustainability Division to reduce the energy output that non-LED lighting produces and to require all street lighting installed be LED. This standard was adopted in 2017 when the color temperature requirement for street lights was 4000K. Shortly thereafter, street lighting with 3000K became available and is the recommended color temperature for street lighting from the Illuminating Engineering Standards (IES). The City changed its standard to reduce street LED lighting color temperature to 3000K as outlined in the City of Bozeman Engineering Design Standards and Specification Policy. See attached memorandum on the street lighting evaluation for further evaluation and detail. Therefore, contrary to the criteria the requested relaxation would produce a more intense light than surrounding street lighting, which could impair public health and safety and impair safe travel due to excessive glare to drivers, pedestrians and bicyclists. Because the IES & International Dark Sky Association have produced multiple studies stating that all LED lighting should not exceed 3000K to reduce light pollution to protect the natural landscape and conserve nocturnal wildlife, the requested relaxation does not protect neighbors and the night sky from nuisance glare and stray light. The criteria is not met. Site and building lighting is not required by the UDC (38.570.020) beyond what is outlined in the Engineering Standards and Building Code for safety measures. Building and site lighting must not produce any unacceptable levels of nuisance glare, skyward light, or excessive or insufficient illumination levels. To grant a relaxation to allow building and site lighting to have a color temperature that exceeds the street lighting standard does not meet this criteria because it promotes excessive lighting and does not conserve energy. Further, it provides no additional safety measures to the development and is excessive of light necessary for pedestrian and bike travel according to the Engineering Design Standards and Specification Policy. This relaxation does not provide character superior to what is produced by the lighting section of the UDC and does not protect or maintain the character of the City because the City has expressly recognized the value of dark night skies. Therefore, this relaxation request does not meet this standard and it should be denied.
8. Conformance with environmental and open space objectives set forth in
articles 4—6, including the enhancement of the natural environment,
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 29 of 35
watercourse and wetland protections and associated wildlife habitats; and
if the development is adjacent to an existing or approved public park or
public open space area, have provisions been made in the plan to avoid
interfering with public access to and use of that area. Not applicable. This relaxation does not apply to the standards within this article because there are no requests to relax from these standards.
9. Conformance with the natural resource protection provisions of article 4
and article 6. Not applicable. None of the relaxations need to apply to the standards within this article.
10. Other related matters, including relevant comment from affected parties. The formal public comment period takes place from March 19 to April 13. Public comment has been received in opposition to the relaxations regarding building height and lighting. See attached public comment.
11. If the development includes multiple lots that are interdependent for
circulation or other means of addressing requirement 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. Future subdivision will adhere to this.
12. Phasing of development Not applicable. There is no new proposed phasing for this development.
B. Conditional Use Permit Review Criteria, Section 38.230.110, BMC The same criteria under 5.C apply to this relaxation. Staff finds that request for increased lighting temperature does have adverse effect upon abutting properties based on public comment from a neighbor and its visibility from roughly a mile away. Further, the requested relaxation does not support public health, safety and general welfare because excessive light and glare may distract drivers and impair safe travel. Conditions of approval 5, 6, and 7 are
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 30 of 35 deemed necessary in order for the development to meet the conditional use permit criteria to protect public health, safety, and welfare. See findings above in Section 6.
C. Planned Unit Development Review Criteria, Section 38.430, BMC. The same criteria under Section 5.C apply to this relaxation. This relaxation does not meet the criteria outlined in the PUD review criteria since it does not produce an environment, landscape quality and character superior to current code standards. As noted above, there have been previous and continuing lighting violations within the Bozeman Gateway development which does not align with at least two of the PUD review criteria. First, the proposed use of 4000K lighting, rather than 3000K lighting to match the required street lighting in the BMC does not contribute to overall reduction of energy use by the project. Rather, it will expend more energy. Second, the requested relaxation will not support outdoor recreational areas for the use and enjoyment of those living and working in or visiting the development because it inhibits enjoyment of the dark night skies for star gazing, astronomy, and conservation of nocturnal wildlife. Staff finds that as the development has advanced, the implementation of the originally approved lighting standards from the Bozeman Gateway Development Manual does not result in a superior outcome for the community as required of PUDs and therefore, needs to be resolved. As authorized in 38.430.040.A.2 and 38.100.070.B, with this major modification application the overall PUD can be analyzed to determine if it meets the PUD criteria. When this PUD was adopted in 2006, its innovation and design did produce a superior development from the current standards. As the code has changed over time, the standards have progressed with current trends and goals of the City and community. Because of the ongoing issues involving excessive light and the evolution of the PUD as a whole, research and analysis has been conducted in order to resolve the existing lighting problems. Staff finds that the requested relaxation for lighting does not meet criteria for approval and provisions of the current Design Manual are not consistent with a superior outcome for the community. Granting a relaxation to allow for brighter lights on taller buildings will more likely produce excessive glare and increased light pollution. The Copper Harbor building is roughly 53’ tall and produces light that can be seen from developments roughly one mile away. If a building that is 85.8 feet has the amount of lighting that the Copper Harbor building produces, it will generate even more excess lighting. Therefore, staff recommends denial of relaxation request number 4 in addition to imposing additional conditions related to lighting with conditions of approval 5 and 6.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 31 of 35
D. Conclusion Based on the findings of Section 6, staff recommends denial of 4000K light for building and site lighting.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 32 of 35 SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A) PURSUANT to Chapter 38, Divisions 38.230, 38.430, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the major modification for the planned unit development described in this findings of fact was conducted. The applicant presented to the City a proposed major modification to a planned unit development to allow four additional relaxations to zoning regulations. The purposes of the major modification to the planned unit development review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. B) It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plan and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed major modification of the PUD would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission makes the following decision. C) The preliminary plan has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D) This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County. The preliminary approval of this planned unit development shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the developer, grant individual extensions to its approval by the Community Development Director for a period of not more than six months at a time consistent with the requirements of Section 38.230.
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 33 of 35 DATED this _______day of , 2021. BOZEMAN CITY COMMISSION _________________________________
Cyndy Andrus
Mayor ATTEST: _______________________________
MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________
GREG SULLIVAN City Attorney
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
May4th
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 34 of 35
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned B-2, Community business district. “The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit.”
Adopted Growth Policy Designation: The property is designated as “Regional
Commercial & Services.” Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation.”
APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Mitchell Development Group, LLC, PO Box 738, Great Falls, MT 59403
Representative: Morrison-Maierle, Inc., 2880 Technology Blvd West, Bozeman, MT 59718
Report By: Sarah Rosenberg, Associate Planner
ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Bozeman Gateway PUD Development Manual Commission Memorandum for City Street Lighting Evaluation
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65
20051 City Commission Findings of Fact for Bozeman Gateway PUD Major Modification Page 35 of 35 Bozeman Gateway PUD Violation Info Photos of Bozeman Gateway after 11:00 p.m. on March 17, 2021 Public Comment
i https://www.ama-assn.org/press-center/press-releases/ama-adopts-guidance-reduce-harm-high-intensity-street-lights, ii https://www.darksky.org/our-work/lighting/lighting-for-citizens/led-guide/
DocuSign Envelope ID: 591CF215-BB8B-4FF8-8134-D2CA1B2C1C65