HomeMy WebLinkAboutPUDFinalPlanAppicationLetter_07-06-2021July 6, 2021
Sarah Rosenberg, Associate Planner
City of Bozeman Department of Community Development
P.O. Box 1230
Bozeman, MT 59771-1230
Re: Bozeman Gateway PUD – Development Manual PUD Final Plan Application
COB#: 20051
MMI#: 3638.009.040.0310
Dear Sarah:
Attached is the Bozeman Gateway PUD Development Manual Final Plan Application. The Development
Manual incorporates the conditions of approval as outlined in the City Commission Findings of Fact
approved on May 4, 2021. Below are the conditions of approval and our responses (in red) follow each
condition.
Development Manual: Recommended Conditions of Approval
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.
Understood
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.
Understood
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:
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.
Has been reflected in the necessary documents.
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.
Has been reflected in the necessary documents.
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.
Has been reflected in the necessary documents.
4. All lighting that references the allowance for 4000K in the Development Manual must be adjusted to
3000K.
References have been 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 up lighting 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.
These issues have been added to the Development Manual.
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.
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.
The Development Manual page 56 has been adjusted to incorporate these items.
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.
Understood.
8. No property may be removed from the PUD or POA covenants without written approval of the City of
Bozeman.
Understood.
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.
Understood.
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.
A copy of the filed Declaration (covenants) is attached.
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.
Understood
If you should have any questions regarding the revisions to the Modification to an Approved Plan
Application don’t hesitate to contact me.
Sincerely,
______________________________
James A. Ullman, PE
Project Engineer
cc: Ted Mitchell, Mitchell Development Group
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