HomeMy WebLinkAbout08-03-20 City Commission Packet Materials - A4e. Ord 2046 Revising Allowed Uses and Standards in Non-residential Zoning Districts App 20035Page 1 of 14
20035 Staff Report for a Text Amendment for Tables 38.310.040B,
38.310.040.D, and 38.310.040.E Revising Allowed Uses and Standards,
Ordinance
Public Hearings: Bozeman Zoning Commission - Tuesday, July 14, 2020 via WebEx.
Links will be provided with agendas not less than 48 hour prior to any meeting and
are available at the bottom of the City’s main webpage in the calendars section.
Bozeman City Commission - Monday, August 3, 2020 via WebEx. Links will be provided
with agendas not less than 48 hour prior to any meeting and are available at the
bottom of the City’s main webpage in the calendars section.
Project Description: Amend allowed uses in the ground floor of buildings, location
restrictions, and review processes in B-1, B-2, B2-M, B-3, UMU, REMU, NEHMU,
BP, M-1, M-2 zoned districts.
Project Location: The proposed amendment would apply to B-1, B-2, B2-M, B-3, UMU,
REMU, NEHMU, BP, M-1, M-2 zoned districts.
Recommendation: Meets criteria for approval of Ordinance 2046
Zoning Commission motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20035 and move to recommend approval
of Ordinance 2046.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20035,
Ordinance 2046 and move to provisionally adopt Ordinance 2046.
Report: July 15, 2020
Staff Contact: Jacob Miller, Planner I
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted, Staff analysis, and public
comment received to date.
Unresolved Issues
None.
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Project Summary
The City received a submission via the UDC Community Platform, requesting revisions to
the UDC to allow for office use on the ground floor of buildings in the B-3 district, except in
the downtown core unless primary access is from an alley. The timing of the application and
the new policy of processing biannual text amendments to the Unified Development Code
(UDC) resulted in this request being batched with planned Spring 2020 amendments. Those
amendments were delayed due to COVID-19 restrictions.
During review of the submitted amendment, Staff identified several related items including
incorrect inclusion of footnotes to irrelevant districts, conflicts between the intended outcome
of the establishment of the Block Frontage system for form based design, and the use tables
in 38.410.040. As all these items are connected and impact the same intended outcome, Staff
included them as part of this proposed amendment and Ordinance 2046. The resulting
Ordinance is more permissive than originally proposed on the Community Platform. The
draft Ordinance presented is also responsive to public comment received during this process
and attached to this report.
1. Revise Table 38.310.040.B, Permitted services and temporary lodging uses in
commercial, mixed-use, and industrial zoning districts of the Bozeman Municipal
Code, by removing Note 3 to allow Offices, Medical and dental offices, clinics and
centers on the ground floor in all Storefront Block Frontage designations in the
applicable zoning districts shown in the table. Retain a revised Note 3 to more clearly
establish standards for certain uses in the B-3 zoning district. Remove duplicate
review processes for the same use in the same district.
2. Revise Table 38.310.040.B, Permitted services and temporary lodging uses in
commercial, mixed-use, and industrial zoning districts of the Bozeman Municipal
Code, by adding a new note to designate uses not allowed on the ground floor in the
Downtown Core.
3. Revise Table 38.310.040.D, Permitted industrial and wholesale uses in commercial,
mixed-use, and industrial zoning districts of the Bozeman Municipal Code, by
changing Note 3 to designate uses not allowed on ground floor in the Downtown
Core, to remove Note 4, and renumber references as needed and reflect in the table.
4. Revise Table 38.310.040.D, Permitted industrial and wholesale uses in commercial,
mixed-use, and industrial zoning districts of the Bozeman Municipal Code, to revise
allowed locations for Manufacturing, artisan and Manufacturing, light on the ground
floor within the Downtown Core of the B-3 zoning district. To remove duplicate
review process for the same use in the same district.
5. Revise Table 38.310.040.E, Permitted public, regional, recreational, cultural and
accessory uses in commercial, mixed-use, and industrial zoning districts of the
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Bozeman Municipal Code, by changing Note 3 to establish uses not allowed on
ground floor in the Downtown Core of the B-3 zoning district.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and changing
and proactively address change in a balanced and coordinated manner.
b) Develop and Align Infill Policies - Develop, adopt and align city policies for infill and
redevelopment, economic development and public infrastructure.
4.4 Vibrant Downtown, Districts & Centers
Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and
neighborhood centers – including higher densities and intensification of use in these key
areas
Zoning Commission
The Zoning Commission held their public hearing on July 14th. They recommend favorably
on the Ordinance as presented. The recording of the meeting is available at
https://media.avcaptureall.com/session.html?sessionid=ac75d7c9-07cf-47f0-b6c8-
85407e6ee82e&prefilter=654,3835. Discussion of this amendment begins at 1:09:51 on the
recording.
Alternatives
1. Provisional adoption of the ordinance;
2. Provisional adoption of the ordinance with modifications to the recommended ordinance;
3. Denial of the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Strategic Plan ...................................................................................................................... 3
Zoning Commission ............................................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
Text Amendment ................................................................................................................ 6
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 7
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 11
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 11
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 12
APPENDIX D – ...................................................................................................................... 13
OWNER INFORMATION AND REVIEWING STAFF....................................................... 13
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 14
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SECTION 1 - MAP SERIES
The Zoning Map is available on the City’s website: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning
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SECTION 2 - RECOMMENDATION AND FUTURE
ACTIONS
Text Amendment
Having considered the criteria established for a text amendment, the Staff recommends
approval as detailed in the Staff-prepared Ordinance.
Public Hearings: Bozeman Zoning Commission - Tuesday, July 14, 2020 via WebEx. Zoning
Commission recommended in favor of the ordinance.
Bozeman City Commission - Monday, August 3, 2020 via WebEx. Links will be provided
with agendas not less than 48 hour prior to any meeting and are available at the bottom of the
City’s main webpage in the calendars section.
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS
AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction.
A text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety,
and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigate negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
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Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed text amendment (as presented by Staff in the Draft Ordinance) is in
accordance with the adopted growth policy. Allowing offices and other uses on the ground
floor of buildings in all commercially zoned areas is expected to provide more opportunities
for small business entrepreneurship by increasing the supply of office space throughout
Bozeman and allowing more flexibility for commercial spaces, allowing buildings to be more
resilient to economic hardship. The Ordinance also removes various errors and duplications
that enable the code to be more consistently applied.
In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The following statements from
the adopted growth policy support this zone text amendment:
• Objective G-2.1: Ensure that development requirements and standards are efficiently
implemented, fairly and consistently applied, effective, and proportionate to the
concerns being addressed (Page 1-3).
• Objective G-2.3: Strive to maintain a balanced supply of land for the variety of uses
necessary to support a vigorous city (Page 1-4).
• Goal ED-1: Promote and encourage the continued development of Bozeman as a vital
economic center (Page 8-4)
• Objective ED-1.1 Support business creation, retention, and expansion. Emphasize
small businesses, ‘green’ businesses, and e-businesses (Page 8-4)
• Objective ED-3.2: Encourage sustainable development to minimize costs to
businesses and customers and protect quality of life.
• Objective ED-2.9: Create a more collaborative and effective working partnership
between the business community and the City of Bozeman and effectively manage
the City of Bozeman’s regulatory environment to accomplish goals without hindering
business expansion and economic growth. (Source: Bozeman Economic Development
Plan) (Page 8-5).
Staff finds that the request from the submittal to allow offices in the downtown core of the B-
3 district if primary access is from an alley may not be in accordance with the growth policy.
Before any site approval is granted adequate access must be demonstrated. Being that the
alleys do not meet City of Bozeman street standards, do not have pedestrian facilities, and are
heavily trafficked by trucks, allowing primary access solely from alleys to businesses does
not conform with the vision statement of the growth policy that mandates preservation of
health, safety, and quality of life. However, if adequate improvements to alleys are made to
meet all required standards either independently or in conjunction with street access then
approval is acceptable. This illustrates the need to consider the application of the adopted
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zoning as part of determining of growth policy compliance is met. This application occurs on
a case by case basis with potentially different outcomes depending on the circumstances of
each site.
B. Secure safety from fire and other dangers.
Yes. The proposed changes to allow offices and other uses on the ground floor of buildings
will not affect safety from fire and other dangers. The City’s building codes reduce reliance
on zoning to address other elements of public safety. For example, requirements for fire
sprinklers for larger buildings or grease traps for restaurants are addressed in the building
codes but not in the zoning code. In addition, the development review process lays out the
backbone for public infrastructure. This includes most water, sewer, stormwater, and street
facilities. Development review (both zoning and subdivision procedures) gives a final check
on infrastructure capacity when there is a known intended intensity of use and condition of
facilities.
C. Promote public health, public safety, and general welfare.
Yes. One of the goals of allowing offices and other uses in the ground floor of buildings as
described in the Ordinance is to increase supply and create more diverse options in order to
encourage small business growth and further Bozeman’s entrepreneurial economy. This
supports Goal 2.1 – Business Growth in the Strategic Plan, which focuses on encouraging
new and existing businesses and supporting retention and growth of both the traded and local
business sectors. Allowing more flexibility in size and location of office space, creates
opportunities for businesses to become more adaptable, encouraging the feasibility of
business growth and retention. As the City and larger community deal with the consequences
of the ongoing COVID pandemic the need for flexibility to meet rapidly changing conditions
is needed to address the general welfare of the community. The amendments do not detract
from provision of essential services such as clean water or emergency services.
D. Facilitate the provision of transportation, water, sewage, schools, parks and
other public requirements.
Yes. This text amendment will not fundamentally change the allowed uses in commercial
districts and therefore will have no impact on transportation, water, sewage, schools, parks,
and other public requirements. The existing standards adequately address this criterion.
E. Reasonable provision of adequate light and air.
Neutral. Bozeman has established generally applicable standards for setbacks, park
dedication, on-site open space, and building design standards to address this requirement.
In addition, the building codes have standards for ingress and egress, ventilation, and related
subjects that further support delivery of adequate light and air. Allowing offices or other uses
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on the ground floor of buildings will not impact these existing standards related to providing
adequate light and air.
F. The effect on motorized and non-motorized transportation systems.
Yes. Allowing offices and other uses to be located on the ground floor of buildings will
increase the supply of offices in Bozeman and create more locations throughout the City for
residents to work which will likely create shorter commutes and encourage the use of multi-
modal transportation.
G. Promotion of compatible urban growth.
Yes. Allowing offices and other uses on the ground floor of buildings will create more
viable locations for offices and businesses to operate from, which will create opportunities
for residents to live closer to work, reducing commute times and the necessity for vehicular
travel.
The original amendment proposal to the Community Platform only addressed the B-3 district
which limited its affect. The Staff proposed Ordinance is more broad and addresses
development at both the interior and exterior of the community. The amendment does not
materially alter the uses allowed in the affected zoning districts. It does make minor but
important modifications in configuration of uses within buildings.
Section 38.700.040, BMC defines the factors considered in determining compatibility. This
definition emphasizes the importance of integrating development with existing community
systems which is what this text amendment will accomplish by creating more available
options for offices to locate, removing the need to segregate office spaces within business
parks, far away from residential districts.
H. Character of the district.
Yes. This text amendment is specifically tailored to preserve the character of the Downtown
District core by limiting configuration of offices on the ground floor. The current restriction
on office locations was originally adopted at the request of the Downtown organizations to
preserve a high activity character along Main Street. These limitations have not been sought
elsewhere in the community. Therefore, the amendments will not affect the character of other
existing commercial districts.
I. Peculiar suitability for particular uses.
Yes. The uses are already allowed in commercial districts. This amendment would allow
offices and other uses on the ground floor in certain areas, as opposed to entrances and
lobbies which is the current standard.
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J. Conserving the value of buildings.
Yes. The additional flexibility in building use will prevent buildings from sitting vacant due
to regulatory limits. This can help maintain the value of buildings including Bozeman’s most
historic buildings.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As Bozeman continues to experience high levels of sustained growth, providing
business owners with flexible space options is an appropriate use of the land.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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APPENDIX A - DETAILED PROJECT DESCRIPTION
AND BACKGROUND
The Planning Office received a submission via the UDC Community Platform, requesting
revisions to the UDC to allow for office use on the ground floor of buildings in the B-3
district, except in the downtown core unless primary access is from an alley. The timing of
the application and the new policy of processing biannual text amendments to the Unified
Development Code (UDC) resulted in this request being batched with planned Spring 2020
amendments which were delayed due to COVID-19 restrictions.
The original request included:
1. Revise Sec. 38.300.110.D – Commercial and mixed-use zoning districts – intent and
purpose – Downtown district (downtown B-3) to add language which would allow
offices to be located in the downtown core if the primary access is from the alley.
2. Revise Table 38.310.040.B to add a new footnote to allow offices on the ground floor
of buildings in the B-3 district except in the downtown core, unless primary access is
from an alley.
3. Revise Table 38.310.040.D to amend Footnote 3 to allow offices on the ground floor
of buildings in the B-3 except in the downtown core, unless primary access is from an
alley.
4. Revise Table 38.310.040.E to amend Footnote 3 to allow offices on the ground floor
of buildings in the B-3 except in the downtown core, unless primary access is from an
alley.
Staff has discussed these revisions at length and determined that they should be supported
with some expansions to address related issues.
Staff has determined that allowing offices on the ground floor in all commercial districts,
aside from the B-3 downtown core should be allowed to increase availability of office space
and provide the public with more business opportunities. Bozeman is a town of entrepreneurs
and it is to the City’s benefit to facilitate the creation of small business and this amendment
would work towards that goal.
APPENDIX B - NOTICING AND PUBLIC COMMENT
This Zone Text Amendment notice was submitted for publication in the Bozeman Daily
Chronicle for 3/01/2020, 3/8/2020, and 3/22/2020. Due to the interruption in City operations
due to COVID the review was rescheduled. New notices were prepared and published on
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6/28/2020, 7/12/2020, and 7/26/2020 to present the updated schedule and content of the
amendment.
Three public comments were received prior to the Zoning Commission meeting. All
comments were in support of the amendment. Two comments requested additional revisions.
The commenter used the building located at 9 East Main as an example for buildings within
the downtown core that have commercial spaces located in the rear of the building behind
commercial retail spaces. The commenter proposed language to the code that would allow
offices be located in the downtown core if they are located to the rear of the building. Staff
made revisions to the ordinance in response to the comments.
One oral comment in support of the amendment was received at the Zoning Commission
meeting. No public comments have been received since the Zoning Commission meeting.
APPENDIX C - PROJECT GROWTH POLICY AND
PROPOSED ZONING
Zoning & Growth Policy Designation Correlation:
Due to the range of districts affected by the proposed amendment there are multiple growth
policy future land use categories in which the amendment will apply. No element of the
amendment changes the zoning map. Therefore all implementing zoning districts shown in
the Table below remain as is.
Plan Categories within which the amendments will apply: Residential Emphasis Mixed Use,
Regional Commercial and Services, Community Core, Community Commercial Mixed Use,
Business Park Mixed Use, and Industrial.
Affected Zoning Districts: B-1, B-2, B2-M, B-3, UMU, REMU, NEHMU, BP, M-1, and M-
2.
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Table C-16 Zoning Correlation With Land Use Categories
Zoning Districts
Plan Category R-S R-1 R-2 R-3 R-4 R-5 *** R-O REMU** RMH B-1 B-2 B-2M *** B-3 UMU M-1 M-2 BP NEHMU PLI Residential ● ● ● ● ● ● ● ● ●
Residential
Mixed Use
Emphasis
● ● ● ● ● ●
Suburban Residential ● ● ●
Regional
Commercial and Services ● ● ● ●
Community Core ● ● ●
Community Commercial Mixed-Use ● ● ● ● ●
Business Park Mixed Use ● ● ● ●
Industrial ● ● ● ● ●
Public Institutions ●
Parks, Open Space, and Recreational
Lands*
● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Golf Courses ● ●
Present Rural ●
APPENDIX D –
OWNER INFORMATION AND REVIEWING STAFF
Applicant/Representative: City of Bozeman, PO Box 1230, Bozeman MT 59771
Report By: Chris Saunders, AICP, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. There are no known budgeted expenditures for
this amendment.
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ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
• Application form
• Draft Ordinance
• Public Comments
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Page 1 of 10
ORDINANCE NO. 2046
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING TABLES 38.310.040.B, 38.310.040.D, AND 38.310.040.E OF THE
BOZEMAN MUNICIPAL CODE TO AMEND ALLOWED USES AND ASSOCIATED
LOCATION RESTRICTIONS AND REVIEW PROCESSES IN THE B-1, B-2, B2-M, B-3,
UMU, REMU, NEHMU, BP, M-1, M-2 ZONING DISTRICTS.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited to carry out
the purposes [promoting health, safety, morals, or the general welfare of the community] of this
part”; and
WHEREAS, the City has established various commercial districts, including the
Downtown Business District (B-3) with uses deemed appropriate to meet the needs of the
community and beneficial for all those within the district; and
WHEREAS, the City has further demarcated the boundries of the B-3 District by defining
the Downtown Core area; and
WHEREAS, the City has continued to expand and develop and the needs of the
community are constantly changing. Therefore, it is appropriate to revise the uses allowed in the
B-3 district to meet the changing needs of the community; and
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WHEREAS, it is in the interests of the City and public welfare to expand permitted uses
authorized in the B-3 district and other Storefront designations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Table 38.310.040.B, and Footnote 3 of the Bozeman Municipal Code be amended as
follows:
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI B-1
1 B-2 B-2M B-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2 BP M-
1
M-
2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile
washing
establishment*
— P P C C C P — P P —
Daycare—Family,
group, or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A4 S/A
4
C/A
4
C/A
4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
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Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and
convenience
services*
P P P P P P A4 A4 A4 A4 —
Truck repair,
washing, and
fueling services
— — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
Short Term Rental
(Type 1)* — P P P P P P — — — —
Short Term Rental
(Type 2)* — P P P P P P — — — —
Short Term Rental
(Type 3)* — P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table).
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3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one half block north of Main Street to the alley one half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.
4. If primarily offering services to a single business or group of businesses within the same building or building complex.
5. Professional and business offices only.
Section 2
That Table 38.310.040.D, and Footnotes 3-6 of the Bozeman Municipal Code be amended as
follows:
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI B-
1 1
B-
2
B-
2M B-3
UMU
(38.310.0
50)
REMU
(38.310.060
)
NEH
MU 2 BP M-1 M
-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 3 P 5 4 P 6 5 P P 5 4 P 5 4 P —
Manufacturing
(moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 5 of 10
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one half block north of Main Street to the alley one half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. 4. Completely enclosed within a building.
6. 5. Limited to 5,000 square feet in gross floor area.
Section 3
That Table 38.310.040.E, and Footnote 3 of the Bozeman Municipal Code be amended as
follows:
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI B-1
1
B-
2
B-
2M B-3 UMU
(38.310.050)
REMU
(38.310.060)
NEHMU
2 BP M-
1
M-
2
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Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 6 of 10
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III C 4 P P C 3,
4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing
and generation facilities
(electric and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary
junior and senior high
schools and hospitals
— — — — — — — — — — P
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P P P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities — — — — — — P — P P —
167
Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 7 of 10
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* A A A A A A A A A A —
Other buildings and
structures (typically
accessory to permitted uses)
A A A A A A A A A A A
Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a
planned unit development
subject to the provisions of
division 38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
168
Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 8 of 10
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. Use
not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one half block north of Main Street to the alley one half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this article.
Section 4
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 5
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 6
Severability.
169
Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 9 of 10
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 7
Codification.
This Ordinance shall be codified as indicated in Sections 1-3.
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 6th day of April, 2020.
____________________________________
CHRIS MEHL Mayor
ATTEST:
____________________________________ MIKE MAAS City Clerk
170
Ordinance 2046, Amending Tables 38.310.B, D, and E of the Bozeman Municipal Code to revise uses
Page 10 of 10
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2020. The effective date of this ordinance is ______________, 2020.
_________________________________
CHRIS MEHL Mayor
ATTEST:
_______________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
171
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 172
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
fnal plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 173
DEVELOPMENT REVIEW APPLICATION
Applicant Signature:
Printed Name:
Owner Signature:
Printed Name:
Owner Signature:
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC.
Attach separate sheets for additional owner signatures.
6. APPLICATION TYPES
Check all that apply, use noted forms.
1. Pre-application Consultation
2. Master Site Plan
3. Site Plan
4. Subdivision pre-application
5. Subdivision preliminary plan
6. Subdivision fnal plan
7. Subdivision exemption
8. Condominium Review
9. PUD concept plan
10. PUD preliminary plan
11. PUD fnal plan
12. Annexation and Initial Zoning
13. Administrative Interpretation Appeal
14. Administrative Project Decision Appeal
. Commercial Non-residential COA
16. Historic Neighborhood
Conservation Overlay COA
17. Informal Review
18. Zoning Deviation/Departure
. Zoning or Subdivision Variance
. Conditional Use Permit
21. Special Temporary Use Permit
22. Special Use Permit
23. Regulated Activities in Wetlands
24. Zone Map Amendment (non-Annexation)
25. UDC Text Amendment
26. Growth Policy Amendment
27. Modifcation/Plan Amendment
. Extension of Approved Plan
. Reasonable Accommodation
30. Comprehensive Sign Plan
31. Other:
CONTACT US
FORM FORM
None INF
MSP None
SP 19 Z/SVAR
PA 20 CUP
PP STUP
FP SUP
SE WR
CR ZMA
PUDC ZTA
PUDP GPA
PUDFP MOD
ANNX 28 EXT
AIA 29 RA
APA CSP
15 CCOA
NCOA
Alfred M. Stif Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406.582.2260
fax 406.582.2263
planning@bozeman.net
www.bozeman.net
Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 174
175
176
177
STUDIO H DESIGN, INC.
81211 Gallatin Rd., Suite E
Bozeman, MT 59718
406.587.9968 (Office)
www.studiohdesigninc.com
Page 1 of 2
Mr. Dean Burgess, AIA
Principal
Studio H Design, Inc.
81211 Gallatin Rd., Suite E
Bozeman, MT 59718
dburgess@studiohdesigninc.com
(406) 570-3235
July 6th, 2020
Mr. Marty Matsen
Director of Planning & Community Development
Mr. Chris Saunders
Community Development Manager
Bozeman Planning Division
20 East Olive St.
P.O. Box 1230
Bozeman, MT 59715
RE: B-3 Zoning Change – Expanding Allowable Uses in Downtown District and Other Storefront Block
Frontages
Dear Marty & Chris,
I am writing on behalf of Studio H Design, a local architecture and planning firm, to express support of the
proposed modification to BMC Section 38.310.040 to expand allowable uses in the Downtown District and
other Storefront Block Frontages.
The goal of the original code to create a lively pedestrian atmosphere in the Downtown District through the
use of “high volume, pedestrian-oriented uses” is an excellent strategy to perforate the urban street wall by
encouraging foot traffic in and out of commercial spaces and create a visually vibrant pedestrian atmosphere.
As recognized by the Downtown Bozeman Improvement Plan that “Daytime workers are vital to healthy
downtown areas. They bring consistent pedestrian life to the area…”, allowing ground floor office use will
increase the diversity of daily pedestrian use and encourage blending of local business owners, employees,
and clientele with visitor traffic. Office workers also maintain a steady flow of pedestrian traffic throughout
the seasons to keep an active streetscape.
We applaud the proposed language change to allow office use “within the core when the business’ primary
access is from an alley” as an excellent approach both to keep the main street façade populated with high-
volume commercial spaces as well as accommodate ground-floor office occupancy. However, we also
178
Page 2 of 2
recognize that this approach may unnecessarily limit office use where it may otherwise be an appropriate use
that still achieves the above stated goals. For example, there are several historic buildings served by a
common corridor connecting Main St. to the alleys. Many of these buildings have “island” tenant spaces in
the interior of the building that are ideally suited for office use that neither front on Main Street or alley
facades and the definition of the primary access facade for these spaces would be ambiguous.
We recommend that in addition to keeping the proposed language change to allow office use when the
primary access is from an alley, the Planning Division consider expanding the proposed language to include
additional flexibility in order to accommodate internal ground-floor spaces that do not front on or are not
clearly accessed from an alley. We propose including language similar to BMC Table 38.310.040.C Footnote
5; we suggest the proposed language change read as:
“Lower volume pedestrian uses such as professional offices may locate on ground floor space in the
downtown B-3 area outside the above-defined core or within the core when the business’ primary
access is from an alley or to the rear of other commercial uses fronting Main Street. Non-office uses
(except for lobbies associated with office uses) are required on the ground floor to a minimum depth
of 20 feet from the front building façade on properties adjacent to designated storefront streets per
section 38.500.010”.
This approach would both maintain the vibrant, active commercial streetscape directly fronting on Main Street
while accommodating ground floor office uses where appropriate and the associated benefit to the
community.
We recognize that the proposed language regarding primary access from the alley will contribute to the
ongoing effort to activate the alleyways as described by the Downtown Bozeman Improvement Plan and
championed by the Downtown Bozeman Partnership. We wholeheartedly support this effort to increase the
depth of the downtown district by providing pedestrian destinations in the alleys.
Thank you for your consideration of these suggestions. We look forward to the continued growth and diverse
development of the downtown core.
Sincerely,
Dean Burgess, AIA
c: Mayor Chris Mehl, Commission Liaison, CMehl@bozeman.net
Deputy Mayor Cyndy Andrus, CAndrus@bozeman.net
Commissioner I-Ho Pomeroy, IPomeroy@bozeman.net
Commissioner Terry Cunningham, TCunningham@bozeman.net
Commissioner Michael Wallner, MWallner@bozeman.net
Zoning Commission c/o Tom Rogers, Staff Liaison, TRogers@bozeman.net
179
July 13, 2020 Bozeman Zoning Commission c/o Chris Saunders, AICP & Tom Rogers, AICP Department of Community Development City of Bozeman
20 East Olive Street Bozeman, Montana 59715
RE: Bozeman UDC Text Amendments Members of the Zoning Commission:
Please accept this letter of public comment in support of the individual Action Items below:
• Item 2. Ordinance 2041 – Revisions to review procedures for detached Accessory Dwelling Units in the R-S and R-1 zoning districts. (#20035) Amendment to allow detached Accessory Dwelling Units in the R-S and R-1 zones to be reviewed as principal uses rather than special uses.
The Downtown Bozeman Improvement Plan (2019) supports this amendment: “Build on and
expand the city’s recent code changes that allow Accessory Dwelling Units” (DBIP, Pg. 108). This procedural change to allow ADUs with a simpler review process will hopefully promote more of this type of gentle infill that adds density and diversity to the housing stock and provides an option for existing residents to reinvest in their properties.
• Item 4. Ordinance 2046 – Revisions to Section 38.310.040 to remove or revise restrictions on location of certain non-residential uses. (#20035) Amendment to the permitted uses tables in Section 38.310.040 and associated footnotes.
The Downtown Bozeman Improvement Plan (2019) supports this amendment which addresses the intent of several recommendations in Appendix A (#1, 2, 4) and meets many of the goals.
“Stay flexible - As the retail industry is undergoing significant shifts, the best course of action is to remain flexible. The community should make sure the regulatory, organizational, and marketing environments are as supportive as possible to retain existing retailers and allow for new innovations to emerge” (DBIP, Pg. 74).
“Enliven the Alleys: Downtown’s retail identity is largely focused on Main Street, as well as some key side streets like Grand, Willson, and Tracy Streets. “Front door” locations on Main Street are prime sites for established retailers, but are typically large spaces on deep blocks. These large spaces often have higher rents and limit opportunities for new businesses to start-up in smaller spaces. Downtown’s side streets and alleys are great locations to encourage start-up retail spaces, smaller maker spaces, or offices.” (DBIP, Pg. 78)
Expanding the overall flexibility in the B3 zone is more important now than ever due to current and anticipated economic impacts of the COVID pandemic.
• Item 5. Ordinance 2045 – Revisions to Section 38.400.100 and Section 38.38.200.010 modifying street vision triangle (#20035) Amendment to allow the City Engineering to administratively alter the required dimensions of the street vision triangle under defined circumstances.
180
The Downtown Bozeman Improvement Plan (2019) supports the intent of this amendment (Appendix A, #7) which allows the Engineering Division more flexibility to look at site-specific details (that especially come into play in urban infill areas like Downtown) when evaluating safety requirements for site vision triangles.
• Item 6. Ordinance 2042 – Revisions to Section 38.560.060 sign standards to allow additional sign area along alleys. (#20035) Amendment to allow an additional 9 square feet of sign area over and above otherwise allowed maximum sign area when the sign is
adjacent an alley.
The Downtown Bozeman Improvement Plan (2019) supports the intent of this amendment
(Appendix A, #16) which is also related to Item 4 - allowing alley signage not only supports use
flexibility but can also add to district character:
“Build a unique alley personality: The Downtown Bozeman Alley Sketchbook study
laid out a series of aesthetic and functional improvements that can be made to the
alleys north and south of Main Street to make them more usable spaces. These
improvements will support the adjacent small business/retail components.
Signage, lighting, murals and art, and landscape can all co-exist with the important
functional elements of the alleys, like service and loading, while adding vitality and
identity to these unique spaces. The alleys are also prime spaces for
experimentation, almost “hidden” gems that need to be discovered. Ideas such as
installation of vintage or new neon signs, small apartments or other unexpected
sights and uses can be tested in this deliberately eclectic area.” (DBIP, Pg. 78-79).
Thank you very much for your time and consideration.
Sincerely,
Chris Naumann Executive Director
Downtown Bozeman Partnership
CC: Susan Riggs, AICP, Groundprint, LLC
181
STUDIO H DESIGN, INC.
81211 Gallatin Rd., Suite E
Bozeman, MT 59718
406.587.9968 (Office)
www.studiohdesigninc.com
Page 1 of 2
Mr. Dean Burgess, AIA
Principal
Studio H Design, Inc.
81211 Gallatin Rd., Suite E
Bozeman, MT 59718
dburgess@studiohdesigninc.com
(406) 570-3235
July 6th, 2020
Mr. Marty Matsen
Director of Planning & Community Development
Mr. Chris Saunders
Community Development Manager
Bozeman Planning Division
20 East Olive St.
P.O. Box 1230
Bozeman, MT 59715
RE: B-3 Zoning Change – Expanding Allowable Uses in Downtown District and Other Storefront Block
Frontages
Dear Marty & Chris,
I am writing on behalf of Studio H Design, a local architecture and planning firm, to express support of the
proposed modification to BMC Section 38.310.040 to expand allowable uses in the Downtown District and
other Storefront Block Frontages.
The goal of the original code to create a lively pedestrian atmosphere in the Downtown District through the
use of “high volume, pedestrian-oriented uses” is an excellent strategy to perforate the urban street wall by
encouraging foot traffic in and out of commercial spaces and create a visually vibrant pedestrian atmosphere.
As recognized by the Downtown Bozeman Improvement Plan that “Daytime workers are vital to healthy
downtown areas. They bring consistent pedestrian life to the area…”, allowing ground floor office use will
increase the diversity of daily pedestrian use and encourage blending of local business owners, employees,
and clientele with visitor traffic. Office workers also maintain a steady flow of pedestrian traffic throughout
the seasons to keep an active streetscape.
We applaud the proposed language change to allow office use “within the core when the business’ primary
access is from an alley” as an excellent approach both to keep the main street façade populated with high-
volume commercial spaces as well as accommodate ground-floor office occupancy. However, we also
182
Page 2 of 2
recognize that this approach may unnecessarily limit office use where it may otherwise be an appropriate use
that still achieves the above stated goals. For example, there are several historic buildings served by a
common corridor connecting Main St. to the alleys. Many of these buildings have “island” tenant spaces in
the interior of the building that are ideally suited for office use that neither front on Main Street or alley
facades and the definition of the primary access facade for these spaces would be ambiguous.
We recommend that in addition to keeping the proposed language change to allow office use when the
primary access is from an alley, the Planning Division consider expanding the proposed language to include
additional flexibility in order to accommodate internal ground-floor spaces that do not front on or are not
clearly accessed from an alley. We propose including language similar to BMC Table 38.310.040.C Footnote
5; we suggest the proposed language change read as:
“Lower volume pedestrian uses such as professional offices may locate on ground floor space in the
downtown B-3 area outside the above-defined core or within the core when the business’ primary
access is from an alley or to the rear of other commercial uses fronting Main Street. Non-office uses
(except for lobbies associated with office uses) are required on the ground floor to a minimum depth
of 20 feet from the front building façade on properties adjacent to designated storefront streets per
section 38.500.010”.
This approach would both maintain the vibrant, active commercial streetscape directly fronting on Main Street
while accommodating ground floor office uses where appropriate and the associated benefit to the
community.
We recognize that the proposed language regarding primary access from the alley will contribute to the
ongoing effort to activate the alleyways as described by the Downtown Bozeman Improvement Plan and
championed by the Downtown Bozeman Partnership. We wholeheartedly support this effort to increase the
depth of the downtown district by providing pedestrian destinations in the alleys.
Thank you for your consideration of these suggestions. We look forward to the continued growth and diverse
development of the downtown core.
Sincerely,
Dean Burgess, AIA
c: Mayor Chris Mehl, Commission Liaison, CMehl@bozeman.net
Deputy Mayor Cyndy Andrus, CAndrus@bozeman.net
Commissioner I-Ho Pomeroy, IPomeroy@bozeman.net
Commissioner Terry Cunningham, TCunningham@bozeman.net
Commissioner Michael Wallner, MWallner@bozeman.net
Zoning Commission c/o Tom Rogers, Staff Liaison, TRogers@bozeman.net
183