HomeMy WebLinkAbout12-12-16 Public Comment - K. Bryan - Black OliveFrom:Kate Bryan
To:Agenda
Subject:BLACK-OLIVE - Public Comment (Important Info Attached)
Date:Monday, December 12, 2016 8:43:02 PM
Attachments:COVER LETTER - City Plans, UDC Codes and Black-Olive Considerations 12-12-16.pdf
SUMMARY & EXCERPTS of City Plans, UDC Codes and Black-Olive Considerations 12-12-16.pdf
Dear City Commissioners:
cc: Director of Community Planning, City Planning Staff, Development Review Committee, Historic Preservation Advisory
Board, Design Review Board and Zoning Commission.
The proposed Black-Olive project and the rapid pace of high-rise development have stimulated an important conversation
about the future of Bozeman and how we will grow.
In support of this process, we have thoroughly reviewed and analyzed the following city planning documents, codes
and design guidelines:
Bozeman Community Plan (Growth Policy)
Downtown Improvement Plan
Current Municipal Code, Chapter 38, Uniform Development Code (UDC)
Neighborhood Conservation Overlay District (NCOD) and Guidelines (within article 16 of UDC)
The Attached Cover Letter and Plan/Code Reference Summary Document are meant to support and streamline the
discussion between the City of Bozeman and the many concerned citizens who care deeply about this community.
The reference document includes:
1) Recommendations related to UDC, NCOD & planning document interpretation and enforcement.
2) A reference document which highlights all references to neighborhoods in the above plans.
3) Visual Examples which illustrate our recommendations and findings.
Please consider this information as a part of the public dialogue about proposed and future development in Bozeman.
Sincerely,
Randy Peters & Kate Bryan
210 S. Black
406-585-1320
From:Brian Krueger
To:Agenda
Cc:Tom Rogers; Andy Holloran; Chris Saunders
Subject:FW: UDC Update and Development Review
Date:Tuesday, December 13, 2016 11:47:24 AM
Brian Krueger | Development Review Manager, Community Development
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2259 | E: bkrueger@bozeman.net | W: www.bozeman.net
From: rpeters@bresnan.net [mailto:rpeters@bresnan.net] Sent: Tuesday, December 13, 2016 11:03 AMTo: Brian KruegerSubject: UDC Update and Development Review
Dear Mr. Krueger,
We are sending this email to make sure you received our PUBLIC COMMENT in a timely fashion. This
email includes valuable information and reference documents pertinent to UDC code discussions and
proposed and future B-3 property development bordering neighborhoods in Bozeman.
The proposed Black-Olive project and rapid pace of high-rise development have stimulated an important
conversation about the future of Bozeman and how we will grow. In support of this process, we have
thoroughly reviewed and analyzed the following city planning documents, codes and design guidelines:
· Bozeman Community Plan (Growth Policy)
· Downtown Improvement Plan
· Current Municipal Code, Chapter 38, Uniform Development Code (UDC)
· Neighborhood Conservation Overlay District (NCOD) and Guidelines (within article 16 of UDC)
The Attached Cover Letter and Plan/Code Reference Summary Document are meant to support and
streamline the discussion between the City of Bozeman and the many concerned citizens who care
deeply about this community.
Please consider this information as a part of the public dialogue about proposed and future development
in Bozeman.
Thank you.
Sincerely,
Randy Peters and Kate Bryan
406-585-1320
rpeters@bresnan.net kbryan2000@gmail.com
Letter to City of Bozeman & Public Comment (Dec. 12, 2016)
Prepared by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page 1 of 2
December 12, 2016
From: Randy Peters and Kate Bryan
Partners/Owners of 210 South Black Property, Bozeman
(2-story B-3 residential multi-unit historic building bordering the proposed Black-Olive development)
To: City Commission; (Carson Taylor, Cyndi Andrus, Chris Mehl, Jeff Krauss, and I-Ho Pomeroy.
cc: Director of Community Development, Community Development/Planning Staff, Design Review Board,
Historic Preservation Advisory Board, Neighborhood Coordinator, and Neighborhood Associations.
Dear Bozeman Mayor, City Commission and City Management,
Thank you for your ongoing service and focus on updating and clarifying the Unified Development Code and
for your recent efforts to obtain public input for this work.
The purpose of the attached document is to:
1) Ensure that B-3 development project reviews thoroughly consider the context, compatibility, character
and transitions with bordering historic neighborhoods and structures.
2) Provide excerpts from the city’s existing planning documents, codes and design guidelines which
clearly emphasize the importance of carefully deliberating proposed and future development’s impact
on Bozeman neighborhoods and the community as a whole.
3) Illustrate (through visual examples) the clear need to address a developments context, compatibility,
character and transition with existing neighborhoods in the review process.
In support of this process, we have thoroughly reviewed and analyzed the following city planning documents,
codes and design guidelines:
Bozeman Community Plan (Growth Policy)
Downtown Improvement Plan (DIP)
Current Municipal Code, Chapter 38, Uniform Development Code (UDC)
Neighborhood Conservation Overlay District (NCOD) and Guidelines (within
article 16 of UDC)
Precedent-Setting and Tipping Point Projects Impacting Future Development:
As many have stated (Design Review Board, City Commissioners, Planners and Citizens), the Black and Olive
development will serve as a precedent and tipping point for presumed additional growth in Bozeman’s
downtown core to the edge of existing adjacent neighborhoods.
Upon reading the initial DRC report about the proposed Black-Olive development, we became concerned that
the review was focused on whether the project only met requirements of a B-3 zoned property. Until the DRB
review of the project, there had been limited discussion about other City planning documents, codes and
guidelines -- which clearly emphasize the importance of neighborhood sensitivity in terms on context,
compatibility, character and transition.
Design Review Board Recommendation:
Subsequent to the initial DRC review, the proposed Black-Olive design was unanimously rejected by the DRB;
with multiple comments of how the design failed to meet design guidelines for context, compatibility and
character with a historic neighborhood. The DRB also placed great emphasis on the lack of transition between
the proposed building in terms of it mass and height.
Letter to City of Bozeman & Public Comment (Dec. 12, 2016)
Prepared by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page 2 of 2
Use the “Collective Whole” of the City’s Guiding Principles and Code
There are over 50 references to neighborhoods in the extracted excerpts in the attached document. These excerpts
are taken from the City’s current plans, codes and design guidelines. It is essential that the review and decision
process related to current proposed and future development should not only be subject to UDC zoning. They should
also be subject to rigorous standards in the Community Plan, Downtown Improvement Plan and NCOD Design
guidelines – which assure sensitivity to context, compatibility, character and transition with neighborhoods and
adjacent structures.
The City should abide by the intent of these plans as well as the NCOD, which is a “direct regulatory document” as
stated by Chris Saunders at the 11-28-16 City Commission meeting.
At this critical stage in our City’s growth, design review must be vigilant for B-3 developments that border historic
residential neighborhoods regardless of whether adjacent properties are zoned B-3 or another. The collective intent
of Bozeman’s plans and codes should be applied to provide appropriate transitions that are compatible and protect
the character and context of the neighborhoods at the edge of downtown.
The attached documents highlight the Community/Growth Plan and DIP guiding principles, goals and objectives, as
well as specific articles and sections under Chapter 38 (UDC) and NCOD (design guidelines) – all of which support
considering neighborhood impact as part of the development review process.
A Growth Solution for Growth for All Citizens
While some label us and other concerned citizens as anti-development, anti-infill and NIMBY-driven, this is untrue
and unfair. Like many citizens of Bozeman, we know the City is going to grow and that a healthy downtown is
important. While we care about our neighborhood, we also care about the overall future of our Bozeman
Community. Rather than pitting Downtown against the neighborhoods, we believe the goal in managing growth
should occur in a way that supports downtown while simultaneously protecting the neighborhoods.
Conclusion:
We urge the City to follow the true intent of the adopted growth plan goals and objectives as well as the whole of
UDC codes and design guidelines thereby realizing smart growth for everyone. It is important that the city enforce
the plans, codes and design guidelines that exist.
The attached document will aid in the cooperative and responsible decisions being made on behalf of the community
of Bozeman.
We are encouraged that these issues – which the neighborhood has been speaking about for some time – are
getting more attention from the City Commission, the review authority for the Black-Olive project.
Sincerely,
Randy Peters & Kate Bryan
Attached Document includes:
1) Ensure that B-3 development project reviews thoroughly consider the context, compatibility, character
and transitions with bordering historic neighborhoods and structures.
2) Highlight areas in plan, codes and design guidelines referencing neighborhoods
3) Example illustration of the need for sensitivity in context, compatibility, character and transition with the
neighborhoods.
December 2016
Prepared and Shared by:
Randy Peters & Kate Bryan
Assessment of Planning/Growth Documents, City
Codes and Design Guidelines in Support of Historic
Neighborhoods Surrounding Downtown Bozeman
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 1 of 32
About This Document
This document includes an assessment of the adopted Bozeman city plans, codes and design guidelines
as they currently exist.
The contents of this document are based on thorough read and analysis of the following city planning
documents, codes and design guidelines:
Bozeman Community Plan (Growth Policy)
Downtown Improvement Plan (DIP)
Current Municipal Code, Chapter 38 (UDC)
Neighborhood Conservation Overlay District (NCOD) and Guidelines
(within Article 16 of the UDC)
This document is organized into three (3) sections with each section addressing these identified
objectives:
1) Ensure that B-3 development project reviews thoroughly consider the context, compatibility,
character and transitions with bordering historic neighborhoods and structures.
2) Provide excerpts from the city’s existing planning documents, codes and design guidelines
which clearly emphasize the importance of carefully deliberating proposed and future
development’s impact on Bozeman neighborhoods and the community as a whole.
3) Illustrate (through visual examples) the clear need to address the context, compatibility,
character and transition with existing neighborhoods in the development review process.
This contents document is organized into to following sections:
CONTENT PAGES
SECTION A: Development Review in the B-3 Zoning District Must
Consider the Collective Guidelines in the City’s Community Plan
(Growth Policy), UDC, NCOD and DIP.
Pages 3 – 6
SECTION B: Neighborhood References in Current City Plans, Codes
and Design Guidelines
Pages 7 – 27
SECTION C: Visual Example (Considering Development Context,
Compatibility, Character and Transition)
Pages 28 - 32
We hope this document will aid the City Commission, City Staff and Boards, Bozeman Citizens and
Neighborhoods in the decisions affecting the code update and the review of proposed and future
development in Bozeman.
Thank you.
Sincerely,
Randy Peters & Kate Bryan
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 2 of 32
SECTION A
Development Review in the B-3 Zoning District Must
Consider the Collective Guidelines in the City’s
Community Plan (Growth Policy), UDC, NCOD and DIP
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 3 of 32
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
INTRODUCTION
Appropriate Development with Sensitivity to Neighborhood Context, Compatibility, Character and
Transition
Neighborhood references are prominent in the language of the UDC and growth plan (See SECTION B of
this document). Bozeman City plans and codes should continue to allow for flexibility in review decisions
to consider neighborhood context, compatibility, character and transition.
Thousands of hours of city planning time and consulting expenses have been invested in creating the
Community Plan and Downtown Improvement Plan with their specific references to neighborhood
context, compatibility, character and transition. In addition, significant tax dollars were paid to consultants
to work collaboratively with the community in creating the NCOD design guidelines.
Given this investment, it is important that the references to neighborhood be given considerable weight
when assessing the appropriateness of proposed or future commercial development.
Inappropriate High Rise Intrusion:
The community fabric of the neighborhoods surrounding downtown have contributed to the overall charm,
historic integrity and livability of Bozeman while supporting the economic viability of downtown business.
The intrusion of inappropriate high rise buildings with maximum footprint and height surrounding
downtown and bordering neighborhoods creates a wall, devoid of transition. A high rise wall separates
the neighborhoods and downtown which are integral to Bozeman’s character. Without sensitivity to the
surrounding context, the adjacent neighborhood character will be undermined and ultimately degraded --
sacrificed for developer profits and business interests.
Short term gain at the expense of the community character and neighborhood integrity is not smart
growth.
The review process needs to consider boundary transitions with all neighborhoods adjacent to downtown.
It is extremely important that all proposed development designs respect the context, compatibility,
character and transitions between B-3 zones and neighborhoods.
The following pages summarize and provide recommendations regarding Bozeman infill development
with attention on mitigating neighborhood impact, specific to B-3 zones.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 4 of 32
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
RECOMMENDATIONS
It is essential that the review and decision process related to proposed and future development should
not only be subject to UDC zoning, but also subject to rigorous standards set for by the Community Plan,
Downtown Improvement Plan and NCOD Design guidelines – which assure sensitivity to context,
compatibility, character and transition with neighborhoods and adjacent structures.
Our recommendations are supported by excerpts taken from the City’s current plans, codes and design
guidelines.
RECOMMENDATION: B-3 Developments must provide design with appropriate “Transition” and
“Compatibility” when bordering historic neighborhoods and existing structures.
From the UDC Code:
Commercial Development Intent (from the UDC 38:10.010):
As stated the need for flexibility related to sensitivity to context, compatibility, character and
transition (referred to above) is consistent with the City’s own statements of intent regarding
general commercial zoning and specific B-3 zoned areas.
In support of this conversation, it is essential to point out some specific excerpts from the code
regarding Commercial development intent with regards to overlay districts and development uses
in B-3 zones which are deemed “inappropriate.”
From Part A: There is a rebuttable presumption that the uses set forth for each
district will be compatible with each other both within the individual districts and
to adjoining zoning districts when the standards of this chapter (i.e., UDC,
Chapter 38 of the Municipal code) are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply
within overlay districts.
COMMENT: From City Commission Meeting 11/28/16; quote from Chris Saunders, Policy and
Planning Manager, in response to a City Commissioner question stated that the NCOD (with its Design
Guidelines) is a “direct regulatory document.”
From Part A-4 The intent of the B-3 central business district is to provide a
central area for the community's business, government service and cultural
activities. Uses within this district should be appropriate to such a focal center
with inappropriate uses being excluded.”
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 5 of 32
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
RECOMMENDATIONS (Continued)
RECOMMENDATION: B-3 Developments must provide design with appropriate “Transition” and
“Compatibility” when bordering historic neighborhoods and existing structures. (Continued)
Development within the B-3 zoning district should be reviewed for appropriateness based on the
collective principles and guidelines in the Bozeman’s Community Plan (growth policy) and the UDC
including full consideration of the regulations provided in the NCOD regarding neighborhoods. A
consistent approach will ensure that we can achieve a more balanced approach to growth.
As an example, B-3 developments (like proposed Black-Olive) that are excessively large in scale and
height relative to adjacent residential buildings or single family residences within the NCOD and at the
edge of historic Bozeman neighborhoods, are clearly not in compliance with the intent and language of
the Growth Plans and collective UDC. This proposed development is bordered (on N and S.) by two
“historic-designated” B-3 properties (Blackmore Building and 210 S. Black Avenue) which are listed on
the National Register and part of Montana’s historic architectural inventory. While some properties
bordering B-3 may not be designated “historic” or are a few properties removed, their character still
contributes to the overall context of a neighborhood on the edge of downtown.
RECOMMENDATION: The Downtown Improvement Plan Should Follow Its Stated Guiding
Principles in Support of Neighborhoods
In addition to protecting the downtown historic core, the Downtown Improvement Plan supports
commerce for downtown business. The Downtown Improvement Plan (DIP) and its proponents imply that
developments should support infill and higher density. However the DIP (as written) has limited language
addressing the impact of a B-3 development on adjacent neighborhoods. This is inconsistent with the
guiding principles of the Community Plan (growth), the UDC and NCOD, which emphasize the importance
of protecting neighborhoods as Bozeman grows.
We understand the need for a healthy and thriving downtown economy. However, we believe it can be
achieved by a more inclusive, long term approach that preserves downtown core and adjacent
neighborhoods in the process. To do otherwise is short-sighted and risks destroying Bozeman’s core
neighborhoods which will ultimately have a negative effect on Bozeman downtown businesses.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 6 of 32
SECTION A
Development Review in the B-3 Zoning District Must Consider the Collective
Guidelines in the City’s Community Plan (Growth Policy), UDC, NCOD and DIP.
RECOMMENDATION: Parking Issues Must Be Thoroughly Analyzed and Understood:
Although a development may technically meet code requirements, the issue of parking is contentious in
areas where B-3 designated properties (commercial and/or mixed use) border residential or historic
neighborhoods and any adjacent B-3 residential properties. The review authority must carefully consider
the parking assumptions made by the developer and whether those parking assumptions are for a
recreation-oriented community such as Bozeman.
Many neighborhoods bordering B-3 zones already have existing parking issues due to limited parking on
narrow streets (e.g., one side of the street) and the neighborhood’s proximity to downtown or other B-3
areas of town with frequent, well-attended community events. Prior to approving any B-3 development
that border an existing neighborhood or residential property, there must be a clear understanding of how
the development will add to or mitigate any existing parking problems.
In the UDC code it states:
Section 38.025.050 Part B-1;
At a minimum, a thorough traffic survey or traffic impact study must examine for all potential
uses: trip generation, hours of operation, quantity of required parking spaces, quantity of
spaces that will be filled during peak hour periods, and any unusual events that may occur
during the year that will exceed the average parking requirement. The study must indicate that
adequate parking exists to meet the demand of potential uses served as well as meet technical
requirements as specified by the review authority.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 7 of 32
SECTION B
Neighborhood References in Current City Plans,
Codes and Design Guidelines
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 8 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
INTRODUCTION
Understanding the interrelationship between City Plans, Codes and Design Guidelines is essential to the
review process for propose and future development in Bozeman. And in light of recent discussion about
proposed and future B-3 development bordering historic neighborhoods, it important to point out the many
references to “neighborhood” in these documents, clearly emphasize the City’s stated intent to consider
existing neighborhoods and the historic integrity of the community as Bozeman grows.
The following pages highlight “actual” references to “neighborhoods” prominently included within the:
Bozeman Community Plan (Growth Policy)
Bozeman Municipal Code (UDC/Chapter 38)
Downtown Development Plan
Neighborhood Conservation Overlay District (NCOD) and Guidelines
(within Article 16 of the UDC)
These highlighted excerpts clearly show that development projects need review including specific
consideration of the clearly stated “Neighborhood-Oriented” goals, objectives and intent of the Bozeman
Community Plan and Downtown Improvement plan.
These documents are presented as a convenient reference for City Planners, City Commission, Citizens
and Neighborhoods.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 9 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy)
Executive Summary
Bozeman is committed to maintaining its quality environment and community character so that it may be
enjoyed for many years to come. An active and engaged citizenry participates in many social clubs,
service organizations, and volunteer programs which strengthens the civic fabric. Historic preservation
and adaptive reuse enable Bozeman to keep historic Main Street and residential districts vibrant, and
pleasant. Quality public services and careful fiscal stewardship mean that investments here of time or
money will continue to bear fruit in the future.
The centerpiece of Bozeman’s commitment to its future is its growth policy. This document coordinates
between many issues, avoiding conflict, and maximizing return on private and public efforts. Chapters pull
together critical concepts and address important issues in a concise and readable way. Bozeman has
identified seven key principles in organizing its future physical development. These are described in
Chapter Three.
Chapter 1: Goals and Objectives (Bozeman Community Plan)
1.3 Addressing Growth & Change Goals and Objectives Goal G-1: Growth Management -
Promote the unique history and character of Bozeman by preserving, protecting, and
enhancing the overall quality of life within the planning area.
Objective G-1.3: Require development to mitigate its impacts on our community as identified and
supported by evidence during development review, including economic, health, environmental,
and social impacts.
Chapter 3: Land Use Principles – Core Ideas which form the foundation for land use policy.
(The following are 6 of the 7 principles relevant to this discussion)
Neighborhoods. There is strong public support for the preservation of existing neighborhoods
and new development being part of a larger whole, rather than just anonymous subdivisions.
The neighborhood unit helps provide the sense of familiarity and intimacy which can be lacking
in larger communities.
Sense of Place. The second idea builds on those of Centers and Neighborhoods. Part of the
appeal of Bozeman is its distinct character. A portion of this character comes from the natural
setting of the town. Bozeman’s character includes the sense of place created by constructed
landmarks such as Downtown and MSU. Preserving Bozeman as a unique place rather than
Anywhere, USA is important. The existing Downtown business core was the overwhelming
choice for the location which best represented the “heart” of Bozeman. The preservation and
strengthening of the unique features and built environment which give a sense of place is
important for Bozeman’s individual identity to continue in the future.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 10 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
Chapter 3; Land Use Principles (Continued)
Natural Amenities. Bozeman is located in a beautiful natural environment. The natural amenities
surrounding Bozeman are a significant component of the high quality of life and support the
economy. As Bozeman changes and grows, opportunities to carefully integrate development with
natural features such as streams arise. Ensuring that development is responsive to the natural
amenities will help to keep Bozeman beautiful and vibrant.
Integration of Action. Land use policy should be integrated with and supported by all other City
policies and programs. This level of integration is intended to prevent contradictory actions. By
ensuring a consistent set of guiding principles, the City will be able to provide a higher level of
service to its citizens, minimize contradictory or conflicting policies which waste financial and
other resources, and enable a more equitable evaluation of public stewardships.
Urban Density. Density of development must also be balanced against community character,
parks and open spaces, and the housing choices of citizens. Quality site and architectural design
will materially affect the success and acceptability of urban density and scale of development.
Sustainability. Providing for the needs of today’s residents and visitors should be done in a
manner that does not jeopardize the quality of life, including the natural environment, of future
residents. Careful community design and thoughtful development can serve the community well
both now and in the future. Sustainability is a holistic issue and should be interwoven through the
City’s operations and regulations.
From these Core Ideas; Land Use Planning Principles include:
Development should be based on neighborhoods, including commercial neighborhoods.
Development should be integrated into neighborhoods and the larger community rather than as a
series of unconnected stand-alone projects.
The needs of new and existing development must coexist and remain in balance.
Future development patterns should not be detrimental to the existing community, with special
attention to be given to the support of the existing Historic Core Neighborhoods and Downtown of
the community.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 11 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
3.3 Land Use Goals and Objectives
Goal LU-1: Create a sense of place that varies throughout the City, efficiently
provides public and private basic services and facilities in close proximity to
where people live and work, and minimizes sprawl.
Rationale: A sense of community is strengthened by distinctive areas which
facilitate neighborhood identity.
Objective LU-1.4: Provide for and support infill development and redevelopment
which provides additional density of use while respecting the context of the
existing development which surrounds it. Respect for context does not
automatically prohibit difference in scale or design.
Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community
character, economic resource, and historical connection represented by this area.
Rationale: The Historic Core, as defined in the glossary, is one of Bozeman’s
most distinctive and valued features. Loss of or injury to this area would lessen
the community’s cultural, economic, and social assets and reduce the sense of
place Bozeman holds within the community, state, and nation.
Objective LU-3.1: Ensure that development and redevelopment of this area,
including the adaptive reuse of historic buildings, is done in a manner which
enhances, and is compatible with, the current community fabric.
Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review
of individual and cumulative environmental and aesthetic effects of development to
preserve the viewsheds, natural functions, and beauty which are a fundamental element of
Bozeman’s character. Design and development in a quantifiably sustainable manner are
desirable.
Objective LU-4.2: Protect the viewshed, including ridgelines, surrounding and
within Bozeman to preserve the natural character and mountain setting which
helps to make Bozeman unique.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 12 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
Chapter 4 Community Quality
Community Quality refers to those things that make Bozeman a special, attractive and enjoyable
place to live, work, and play.
4.1 Intent
While the development of residential and commercial projects is determined by private property
owners and business interests, the public plays an important part in defining and imparting the
development design patterns the community as a whole finds to be most appropriate.
4.3 Community Quality Goals and Objectives
Goal C-1: Human Scale and Compatibility — Create a community composed of
neighborhoods designed for the human scale and compatibility in which the
streets and buildings are properly sized within their context, services and
amenities are convenient, visually pleasing, and properly integrated.
Rationale: A community’s physical form, rather than its land uses, is its most
enduring characteristic. We should design places for people as the primary user.
Good design looks good and feels good. The spatial relationships in our
environment in large part determine our experience of the place. Scale and
context should be the beginning point of any discussion of community quality.
Goal C-4: Design Guidelines – Create illustrated design guidelines to give clear
direction in design and review of residential and non-residential neighborhoods
without unduly constraining architectural style and innovation.
Rationale: Design Guidelines allow the community an opportunity to
communicate with developers and those who wish to build here. The guidelines
are a way to convey to the development community who we are and where we
as a community would like to go. The guidelines can be read as a list of values.
Objective C-4.4: Provide for the protection of character and the enhancement
of services in existing residential neighborhoods.
Objective C-4.5: Investigate expanding form based zoning as a design review
strategy for the City.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 13 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN COMMUNITY PLAN (Growth Policy) – Continued
Chapter 5; Historic Preservation
5.1 Intent and Background
Bozeman has a rich abundance of historically and culturally significant resources, in the
form of buildings, structures, neighborhoods, streetscapes, sites and landscapes. The
purpose of a historic preservation program is to protect and promote these assets.
Surviving pieces of Bozeman’s past provide a historic legacy that that can be enjoyed for
present and future generations, and give each citizen the opportunity to appreciate
Bozeman’s dynamic heritage.
Citizens appreciative of their heritage often choose to reside and reinvest in the
community’s core of historic neighborhoods. The surviving historic fabric is an incentive
for tourism by providing an attractive and unique experience for tourists. Both actions
support the local community’s economy.
In January 2006, the design review process was improved and strengthened by creating
a design guidelines’ document specific to the Bozeman community, entitled “Bozeman
Guidelines for Historic Preservation & the Neighborhood Conservation Overlay District.”
The intent of the design guidelines is to provide City Staff, property owners, and
community residents guidance in the preservation and rehabilitation of historic resources.
5.3 Historic Preservation Goals and Objectives
Goal HP-1: Protect historically and culturally significant resources that
contribute to the community’s identity, history, and quality of life.
Rationale: Protection of historically and culturally significant resources ensures
the survival of Bozeman’s historic buildings, structures, landscapes, streetscapes
and archeological sites to ensure a dynamic historic legacy for present and future
generations. It also is a driver for economic development and activity in
Bozeman, and supports the goal of sustainability. Therefore, historic preservation
efforts support economic vitality and the environmental health of the community.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 14 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
DOWNTOWN IMPROVEMENT PLAN (DIP)
The Downtown Bozeman Improvement Plan’s Guiding Principles (DIP, Page 13) include:
Guiding Principle #10: New buildings should be designed to the level of permanence
and quality appropriate for a downtown setting.
Guiding Principle #11: Create strong connections between sub-districts and from
Downtown to the surrounding community.
Guiding Principle #12: Natural features and the surrounding mountain setting should be
highlighted and emphasized whenever possible, strengthening the amenities unique to
the city of Bozeman.
The Downtown Bozeman Improvement Plan suggests breaking down the B-3 code into more parts
building height when adjacent to nearby neighborhoods:
DOWNTOWN DISTRICTS (DIP, Page 38)
The City should adopt a set of regulations that are tailored to downtown and the various
districts that are suggested. But first, the very nomenclature should change. Rather than
having merely a “B-3” designation, which might be anywhere, the word “Downtown” should
be used in all titles. This indicates its importance, that downtown is different than any other
part of the community, and that totally different methods and standards will be used. Design
standards and guidelines should supplement these basic standards and are best written in a
way that offers choices and allows for projects that are innovative, creative, and of superior
design as individual buildings while also contributing to a cohesive Downtown district.
The Downtown Bozeman Improvement Plan also addresses building height when adjacent to
nearby neighborhoods:
BUILDING HEIGHTS (DIP, Page 38)
This plan (DIP) does not recommend any changes to allowable height for downtown districts.
However, a new code should consider reducing heights for some small distance where a
downtown district abuts a single family district. This is a common technique used in many
cities to ensure a comfortable transition from greater intensity to lower intensity. The
horizontal dimension for this transition might be in the range of 50 to 100 feet and the height
might be equivalent to what is allowed in the residential district or perhaps slightly higher.
There also might be additional screening requirements.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 15 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
DOWNTOWN IMPROVEMENT PLAN (DIP) - Continued
The Downtown Bozeman Improvement Plan also addresses FAR s (Floor Area Ratio) when
adjacent to nearby neighborhoods (higher nearer downtown and lower near neighborhoods):
FLOOR AREA RATIO (DIP, Page 38)
The development community has a terminology that is well-accepted throughout North
America. That is Floor Area Ratio or FAR. Although sounding complicated, it is not. It is
simply a factor that, when multiplied by the lot size, gives an immediate indication of yield in
square feet. Many cities, particularly in their downtowns, use FAR because developers want
to know the basic yield on a site so they can do necessary financing pro-formas. Floor Area
Ratios are not discretionary; they are contained in the basic code and provide a certainty to
investors and even the public as to what can be built in a given district. It is also possible to
vary FAR’s by different districts and to set up an “incentive system” so that added FAR is
granted if public amenities are provided. FAR and associated bonus systems are increasingly
used to guide development in downtown areas. For a downtown of the size, nature, and
development pattern of Bozeman’s, floor area ratios in the range of 3.5 to 5.0 (not including
parking) are recommended depending on the district. The transition areas in the outer edges
of downtown may have lower FARs. Development standards should include a minimum FAR
to ensure that new development achieves a building form and level of intensity appropriate to
a downtown setting.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 16 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38)
The Bozeman Municipal Code Chapter 38 contains the Unified Development Code (UDC).
From Article 7; Zoning Districts and Zoning Map
Sec 38.07.010 Use Districts Designated
Part C: Placement of any given zoning district on an area depicted on the zoning map indicates a judgment
on the part of the city that the range of uses allowed within that district are generally acceptable in
that location. It is not a guarantee of approval for any given use prior to the completion of the
appropriate review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and ordinances.
Sec 38.07.040 Boundary Interpretation Guidelines
Part B: Where physical or cultural features existing on the ground are at variance with those shown on the
official zoning map, or where other circumstances or controversy arise over district boundaries, the
planning director shall interpret the district boundary. (Comment: In cases where the City
Commission has taken over the review process, the City Commission, not the planning director,
shall interpret the district boundary with planning input)
From Article 10; Commercial Zoning Districts
Sec 38.10.010 Intent and Purpose B1, B2, B2M, B3
Part A includes this language: There is a rebuttable presumption that the uses set forth for each district
will be compatible with each other both within the individual districts and to adjoining zoning
districts when the standards of this chapter are met and any applicable conditions of approval have
been satisfied. Additional requirements for development apply within overlay districts.
Sec. 38.10.030. - Lot coverage and floor area.
Part B: In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet.
Sec 38.10.050 Yards
Part A: Minimum yards required for the B-1 and B-2 districts are:
1. Buildings:
a. Front yard: seven feet, except along arterials where minimum is 25 feet.
b. Rear yard: ten feet.
c. Side yards: five feet (except zero lot lines as allowed by section 38.21.060).
2. Parking and loading areas:
a. Front yard: 25 feet.
b. Rear yard; ten feet. 1
c. Side yards: eight feet. 1
1 Side and rear yards for parking may be allowed to be zero feet when coordinated
parking arrangements between adjacent properties are provided.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 17 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 10; Commercial Zoning Districts (Continued)
Sec 38.10.050 Yards
Part A: Minimum yards required for the B-1 and B-2 districts are:
3. The purpose of differentiated yard setback requirements is to encourage the
placement and development of buildings in a manner to address the street and
adjacent pedestrian activity and encourage a vigorous and diverse streetscape.
4. All vehicle entrances into garages shall be no closer than 20 feet to a property line,
unless explicitly authorized otherwise under this chapter.
5. Rear and side yards adjacent to alleys shall be at least five feet.
Part C. Minimum yards required for the B-3 district are:
2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3
district is presently used for residential purposes the minimum yards established in
subsection A of this section shall be required
Sec. 38.10.060. - Building height.
Part A. Maximum building height for each commercial district shall be as follows:
1. In the B-1 district:
a. Roof pitch less than 3:12: 34 feet.
b. Roof pitch 3:12 or greater: 38 feet.
2. In the B-2 district:
a. Roof pitch less than 3:12: 38 feet.
b. Roof pitch 3:12 or greater: 44 feet.
c. Maximum height allowed by subsections 2.a and b of this section may be
increased by up to a maximum of 50 percent when the B-2 zoning district is
implementing a regional commercial and services growth policy land use
designation.
d. Maximum height otherwise cumulatively allowed by this section may be increased
by 30 percent through the approval of a conditional use permit, but only when the
additional height is a specifically identified purpose of the review.
3. In the B-2M district:
b. For buildings designed for single purpose residential use: Four stories or 50 feet
(whichever is less).
c. An area, not to exceed a total of ten percent of the floor area which is located at
street level, may extend above the maximum building height by up to 12 feet.
4. In the B-3 district:
a. In the B-3 district core area: 55 feet.
b. In the B-3 district outside of the core area: 70 feet.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 18 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 16; NCOD - Neighborhood Conservation Overlay District
Sec 38.16.010; Intent and purpose
Part A.
All new construction, alterations to existing structures, movement of structures into or out of
the neighborhood conservation overlay district, hereinafter referred to as the conservation
district, or demolition of structures by any means or process will be subject to design review
unless specifically exempted. The recommendations of the design review board or
administrative design review staff shall be given careful consideration in the final action of the
review authority.
Part C.
The intent and purpose of the conservation district designation is to stimulate the restoration and
rehabilitation of structures, and all other elements contributing to the character and fabric of
established residential neighborhoods and commercial or industrial areas. New construction will
be invited and encouraged provided primary emphasis is given to the preservation of existing
buildings and further provided the design of such new space enhances and contributes to the
aesthetic character and function of the property and the surrounding neighborhood or area.
Part F.
It is further the purpose of the conservation district designation to protect and enhance
neighborhoods or areas of significant land planning or architectural character, historic landmarks
or other built or natural features for the educational, cultural, economic benefit or enjoyment of
citizens of the city.
Sec 38.16.040; Certificate of Appropriateness
Part A.
A certificate of appropriateness shall be required before any and all alteration(s) other than those
specifically exempted in subsection 1. of this section or repair as defined in article 42 of this
chapter, are undertaken upon any structure in the conservation district.
Sec 38.16.050 Standards for Certificates of Appropriateness
Part B.
Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures,
or properties and with neighboring structures and properties, shall focus upon the
following:
1. Height;
2. Proportions of doors and windows;
3. Relationship of building masses and spaces;
4. Roof shape;
5. Scale;
6. Directional expression, with regard to the dominant horizontal or vertical expression
of surrounding structures;
7. Architectural details
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
9. Materials and color schemes (any requirements or conditions imposed regarding
color schemes shall be limited to the prevention of nuisances upon abutting
properties and prevention of degradation of features on the property in question.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 19 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 16; NCOD - Neighborhood Conservation Overlay District (Continued)
Sec 38.16.050; Standards for Certificates of Appropriateness
Part D.
When applying the standards of subsections A through C of this section, the review authority
shall be guided by the design guidelines for the neighborhood conservation overlay district
which are hereby incorporated by this reference. Application of the design guidelines may
vary by property as explained in the introduction to the design guidelines. When reviewing a
contemporary, non-period, or innovative design of new structures or addition to existing
structure, the review authority shall be guided by the design guidelines for the neighborhood
conservation overlay district to determine whether the proposal is compatible with any
existing or surrounding structures.
From Article 19; Plan Review
Sec 38.19.100 Plan Review Criteria
Part A.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City's adopted growth policy.
4. Relationship of plan elements to conditions both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site
and the adjacent neighborhoods and other approved development relative
to architectural design, building mass and height, neighborhood identity,
landscaping, historical character, orientation of buildings on the site and
visual integration;
b. Design and arrangement of the elements of the plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are
integrated with the organizational scheme of the community, neighborhood,
and other approved development and produce an efficient, functionally
organized and cohesive development;
d. If the proposed project is located within a locally designated historical
district, or includes a locally designated landmark structure, the project is in
conformance with the provisions of article 16 of this chapter;
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
9. Building location and height;
10. Setbacks;
11. Lighting;
13. Site surface drainage and storm water control;
17. Screening;
18. Overlay district provisions;
19. Other related matters, including relevant comment from affected parties;
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 20 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 21 General Land Use Standards and Requirements
Sec. 38.21.060. - Yard and height encroachments, limitations and exceptions.
Part A.
Permitted encroachments into yards. The following shall be permitted encroachments into
required yards, subject to any and all applicable International Building Code requirements:
1. Architectural features which do not add usable area to a structure, such as chimneys,
balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves,
gutters, awnings, window wells and steps, provided such architectural features do not
extend more than five feet into any required front or rear yard;
2. Architectural features, which do not add usable area to a structure, such as chimneys,
balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices,
awnings, window wells and steps, provided such architectural features do not extend
more than two feet into any required side yard, except that eaves and gutters may
extend 2.5 feet into any required side yard;
3. Terraces and patios, uncovered decks and stoops or similar features, provided that
such features shall not extend above the height of the ground floor level of the
principal structure nor more than five feet into any required front or rear yard or two
feet into any required side yard;
4. Where porches, covered terraces and covered decks occupy not more than one-third of
the length of the building wall, excluding the width of the garage if applicable they may
encroach:
a. Where the required front yard is greater than 15 feet, not more than five feet into
any required front yard;
b. Not more than five feet into a required rear yard;
c. Not more than two feet into any required side yard; and
Sec. 38.21.070. Standards for specific site impacts and elements.
Part G. Noise. No noise shall be produced that causes a violation of the city's regulations
regarding disturbance of the peace or creates a nuisance.
Part J. Glare and heat. Of the lot in which the use is any use producing intense glare or heat
shall be conducted so that the glare is effectively screened from view at any point on
the lot line located. Any heat will be dissipated so that it is not perceptible without
instruments at any point on the lot line of the lot on which the use is located.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 21 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) - Continued
From Article 23; Development Standards
Sec. 38.23.150. - Lighting.
Part A. Purpose. The purpose of this section is to:
3. Protect neighbors and the night sky from nuisance glare and stray light from poorly
aimed, placed, applied, maintained or shielded light sources;
4. Protect and maintain the character of the city;
Part B. General.
1. With the exception of street lighting, lighting is not required. If installed, all lighting
shall comply with the requirements of this section.
2. In addition, any site modification that requires a certificate of appropriateness, site
plan review or reuse application will necessitate compliance for all existing and
proposed lighting on the site.
Part D. Site lighting.
7. Miscellaneous site lighting specifications. Except as otherwise allowed in
subsections E and G of this section, all lighting shall comply with the following
requirements:
b. All outdoor lighting fixtures shall be shielded in such a manner that no light is
emitted above a horizontal plane passing through the lowest point of the light
emitting element, so that direct light emitted above the horizontal plane is
eliminated.
e. All outdoor lighting shall be designed and located such that the maximum
illumination measured in footcandles at the property line shall not exceed 0.3
onto adjacent residential properties and 1.0 onto adjacent commercial
properties and public rights-of-way.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 22 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Article 25; Parking
(Sec. 38.25.040) - Number of parking spaces required.
Part A.
The following minimum number of off-street, paved parking spaces for motor vehicles and
bicycles shall be provided and maintained by ownership, easement and/or lease for and
during the life of the respective uses hereinafter set forth. When calculation of the required
parking results in a fraction of a parking space being required the fractional space is not
required to be provided.
1.
Residential uses.
a.
Minimum requirements. The number of spaces shown in Table 38.25.040-1 shall
be provided subject to the adjustments allowed in this subsection 1. The number of
disabled parking stalls as required by Table 38.25.040-6 shall be provided from the
minimum number of required parking stalls. All site plans submitted for permit
purposes shall identify parking space allocations. Fees may be charged by the
landowner for the use of required parking spaces.
(1)
One parking space for each 24 uninterrupted linear feet of available street
frontage usable for on-street parking directly adjacent to a lot may be
deducted from the total parking spaces required for a development. The
number of on-street spaces calculated shall not exceed the number of
dwellings on the lot. The width of drive accesses, designated nonparking
areas, vision triangles, and similar circumstances shall not be considered to
be available for the purpose of on-street parking space.
Table 38.25.040-1 (Table Excerpts)
Dwelling Types Parking Spaces Required per Dwelling
Efficiency Unit 1.25 (1. In R-5 and B-2M Districts)
One-Bedroom 1.25 (1. In R-5 and B-2M Districts)
All Types of Dwellings in the B-3
District
1.0
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 23 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Article 25; Parking
Sec. 38.25.040 - Number of parking spaces required (Continued)
1 A facility may request to provide fewer parking spaces if they provide evidence that some or all
the residents are prohibited from operating motor vehicles. Under no condition shall less
than two parking spaces be provided. If the use of the facility is altered to serve a different
population who may operate motor vehicles, then the additional required parking shall be
provided before the change in use may occur.
b.
Adjustments to minimum requirements.
(1)
Affordable housing. When calculating the amount of required parking for
affordable housing, as defined in article 42 of this chapter, if the project is
guaranteed for use as affordable housing for a minimum period of 20 years and
the use as affordable housing is subject to long term monitoring to ensure
compliance and continued use as affordable housing, Required parking spaces
shall be calculated based on number of bedrooms outlined in Table 38.25.040-1,
but shall not exceed two spaces per unit.
(2)
Residential uses in mixed-use projects. In order to utilize this section, the long
term availability of the nonresidential parking spaces upon which the use of this
section was based shall be ensured to the residents of the project. For the
purpose of this section a building is considered mixed-use if the nonresidential
portion of the building is at least one-quarter of the gross square feet not used for
parking. Residences in mixed-use buildings may count on-street parking per
subsection 1.a. (1) of this section even if the area is subject to occupancy time
limits. The use of this section does not preclude the use of other sections of this
chapter which may have the effect of reducing the required amount of parking.
When calculating the amount of required parking for residential uses within a
mixed-use project the amount of parking may be reduced subject to Table
38.25.040-2.
Sec.38.25.050 – Joint Use of Parking Facilities
Part B-1
At a minimum, a thorough traffic survey or traffic impact study must examine for all
potential uses: trip generation, hours of operation, quantity of required parking spaces,
quantity of spaces that will be filled during peak hour periods, and any unusual events
that may occur during the year that will exceed the average parking requirement. The
study must indicate that adequate parking exists to meet the demand of potential uses
served as well as meet technical requirements as specified by the review authority
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 24 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for NCOD (Neighborhood Conservation Overlay District) and
Historical Preservation contained within Sec. 38.16.050 (Continued)
COMMENT: The 137 Page NCOD Design Guidelines Document is referenced in UDC Sec. 38.16.050 -
Standards for certificates of appropriateness. NCOD Design Guidelines can be viewed via the link below:
http://www.bozeman.net/Smarty/files/6d/6d64b4df-428c-4cf4-abe2-4abf112a3736.pdf
COMMENT: From City Commission Meeting 11/28/16; Quote from Chris Saunders, Policy and
Planning Manager, in response to a City Commissioner question, stated that the NCOD (with its Design
Guidelines) is a “direct regulatory document.”
Chapter 2. Design Guidelines for all Properties
F. Building Form
Policy: A similarity of building forms also contributes to a sense of visual continuity. In order
to maintain this sense of visual continuity, a new building should have basic roof and
building forms that are similar to those seen traditionally. Overall facade proportions
also should be in harmony with the context.
G. Solid-to-Void Ratio
Policy: A typical building appeared to be a rectangular solid, with small holes “punched” in
the walls for windows and doors. Most buildings had similar amounts of glass,
resulting in a relatively uniform solid-to-void ratio. This ratio on a new building, the
amount of facade that is devoted to wall surface, as compared to that developed as
openings, should be similar to that of historic buildings within the neighborhood.
Guideline: 1. Use a ratio of solid-to-void (wall-to-window) that is similar to that found on
historic structures in the district. Large surfaces of glass may be inappropriate.
Divide large glass surfaces into smaller panes similar to those seen traditionally.
Chapter 3. Guidelines for Residential Character Areas
B. Building Mass and Scale
Policy: The mass and scale of a building is also an important design issue in a residential
character area. The traditional scale of single household houses dominates the
neighborhood, and this similarity of scale also enhances the pedestrian-friendly
character of many streets. Similarities in scale among prominent building features,
such as porches and fences, are also important. In many cases, earlier buildings
were smaller than current tastes support; nonetheless, a new building should, to the
greatest extent possible, maintain this established scale. While new buildings and
additions are anticipated that may be larger than many of the earlier structures, this
new construction should not be so dramatically greater in scale than the established
context that the visual continuity of the neighborhood would be compromised.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 25 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for NCOD (Neighborhood Conservation Overlay District) and
Historical Preservation contained within Sec. 38.16.050 (Continued)
Chapter 3. Guidelines for Residential Character Areas (Continued)
Guidelines:
Construct a new building to be similar in mass and scale to those single household
residences seen traditionally. Traditional features that convey a human scale should
also be used.
On larger structures, step down a building's height toward the street, neighboring
structures and the rear of the lot.
On larger structures, subdivide larger masses into smaller “modules” that are similar
in size to single household residences seen traditionally.
E. Multi-household
Policy: The underlying goal of the guidelines in this section in regards to multi-household
construction is that, to the greatest extent feasible, the buildings should be
compatible with the context of the neighborhood. Historic structures associated
with the multi-household projects should be retained when feasible. The
guidelines in other sections of this chapter also apply to multi-household
buildings.
Guidelines:
Retaining an existing single household building that contributes to the established
character of the neighborhood in a multi-household project is encouraged. This will help
maintain the traditional scale and character of single household houses as seen from the
street. In particular, an existing structure that is listed as a historic property should be
preserved, when feasible. When proposing a new design for a multi-household structure
that must replace an existing building, however, also continue the rhythm that is
established by the even spacing of building fronts along the street.
Minimize the perceive scale of a multi-household building. In order to minimize the
perceived scale of a building, one method is to step down its height toward the street,
neighboring structures and the rear of the lot. In order to break up the perceived mass of
a structure, one method is to divide it into "modules" that are similar in size to buildings
seen traditionally in the neighborhood.
Use traditional features that will convey a human scale. The ratio of wall-to-window, as
seen from the public way, should appear similar to that of traditional single household
structures. Provide a one-story porch, or similar element, which will define a front door or
entrance and be oriented to the street.
A new multi-household building should be within the range of heights seen traditionally in
the neighborhood. A new multi-household structure should not overwhelm existing single
household structures, in terms of height. Maintaining a consistency of building height will
contribute to the visual continuity of the streetscape.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 26 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE (UDC/Chapter 38) – Continued
From Bozeman Design Guidelines for NCOD (Neighborhood Conservation Overlay District) and
Historical Preservation contained within Sec. 38.16.050 (Continued)
Subchapter 4-B Guidelines for the B-3 Commercial Character Area
Downtown Bozeman should be the location of buildings of greatest height and intensity in the community.
The following guidelines apply to properties zoned B-3 (Central Business District) that serves as a
transition between the Main Street Historic District and residentially zoned neighborhoods. This chapter
contains guidelines for new commercial, residential and mixed use development located within B-3 zoned
areas outside of the defined Main Street Historic District, as shown in Figure 1.1. Note that buildings
individually listed on the National Register of Historic Places or within designated historic districts are
subject to chapters one, two and four, but not this subchapter.
A. Mass and Scale
Policy: The scale and character of the Main Street Historic District should be protected. The area
covered under this subchapter, should be able to accommodate compatible contemporary
development of greater height and density. Varied mass and scale along a streetscape and
block is inevitable and can contribute to a more interesting urban pattern that continues to
evolve over time.
Provide density to meet the goals and objectives of the Downtown Bozeman Improvement
Plan.
Innovative development and diversity of design is encouraged.
A new building should exhibit clear order and comprehensive composition on all elevations.
D. Site Design
Policy: All sites in downtown should be designed to make the experience of pedestrians and
bicyclists safe, comfortable and visually appealing.
Create strong connections between downtown’s sub-districts, and between downtown and
the surrounding neighborhoods.
4. Building interface with residential zone properties. Building facades along alleys shall
incorporate a variety of materials and incorporate elements, including windows, to provide
visual interest to minimize the massing and scale of the building. Building sites that abut or
are across an alley from a residential zone district shall be sensitive to the interface where
the properties meet by meeting the required setback from the residentially zoned property
and providing a transition zone. Along the interior side or rear property line, commencing at a
vertical height of 44 feet the building shall step back at an angle no greater than 45 degrees.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 27 of 32
SECTION B
Neighborhood References in Current City Plans, Codes & Design Guidelines
BOZEMAN MUNCIPAL CODE DISCUSSION (UDC/Chapter 38)
From Commission Meeting on 12/5/16 - Presentation, Discussion & Planning Staff
Recommendations (in conjunction with consultant Maker Architects) on UDC Update Regarding
Infill (Tom Rogers – Senior Planner)
Purpose (from the City Commission Agenda): To summarize a number of infill
alternatives/options, with illustrations, to generate comment and discussion from the City
Commission. Staff will present a series of code amendment alternatives/options with policy
questions to the Commission to solicit preferred direction on these larger issues as they relate to
the scope of work for the UDC update. Based on feedback and direction from the Commission,
staff will re-evaluate current concepts and options and draft the remaining UDC amendments for
advisory boards and committees to forward recommendations to the City Commission for review
and possible adoption.
Excerpt from the City Memorandum from Tom Rogers): The City of Bozeman has and is
experiencing considerable development and it is clear the existing development code functions.
The UDC re-write intends to improve the general function and ease of use of the document and
integrate thoughtful and appropriate amendments to further the community’s desired built
environment while respecting the context in which development occurs.
Item #4 from the presentation (with accompanying “visual” recommendation)
4. Adopt specific standards to mitigate transitions between districts and general adjacency issues.
Numerous approaches have been considered and are employed in other jurisdictions. These
include:
a. The City adopted height and slope relationship criteria with the revisions of chapter 4-B of
the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District.
b. Develop standards that require a height transition within a certain distance of a residential
zone, such as a maximum height allowed within 50 feet of a residential zone equal to
150% the height of the residential zone, see example below.
c. Set a maximum height for any building within a mixed zone block of 45 feet (4 stories).
d. Set more rigid transition zone that increase every 25 feet from a residential zone, see
example below.
e. Consider transition requirements that are more stringent next to a historic district.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 28 of 32
SECTION C
Visual Examples of Proposed Development at
Black and Olive Showing Lack of Context,
Compatibility, Character and Transition
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in
Support of Historic Neighborhoods Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) Page. 29 of 32
SECTION C
Visual Examples of Proposed Development at Black and Olive Showing Lack of
Context, Compatibility, Character and Transition
INTRODUCTION
The following visuals along Black Avenue, including the proposed Black/Olive development were
presented at the 12-5-16 City Commission meeting.
These visual examples illustrate the clear need to address a development’s context, compatibility,
character and transition with existing neighborhoods in the review process.
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in Support of Historic Neighborhoods
Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) VISUALS 30-32
SECTION C
Visual Examples of Proposed Development at Black and Olive Showing Lack of Context, Compatibility, Character and Transition
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in Support of Historic Neighborhoods
Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) VISUALS 30-32
SECTION C
Visual Examples of Proposed Development at Black and Olive Showing Lack of Context, Compatibility, Character and Transition
Assessment of Planning/Growth Documents, City Codes and Design Guidelines in Support of Historic Neighborhoods
Surrounding Downtown Bozeman
Prepared 12/12/16 by Randy Peters & Kate Bryan - 210 S. Black (Phone: 406-585-1320) VISUALS 30-32
SECTION C
Visual Examples of Proposed Development at Black and Olive Showing Lack of Context, Compatibility, Character and Transition