HomeMy WebLinkAbout12-15-20 City Commission Packet Materials - A4. Ord 2062 Provisional Adoption to Revise Building HeightsMemorandum
REPORT TO:City Commission
SUBJECT:Ordinance 2062, Provisional Adoption to Revise Language for Clarity and
Consistent Application of First Floor Required Height Standards in Five
Mixed-Use and Non-Residential Zoning Districts, and Revise Paragraph a.1 of
Subchapter 4b of the Bozeman Guidelines for Historic Preservation and the
Neighborhood Conservation Overlay District. No Changes to Maximum
Height Dimensional Standards are Included with this Amendment. Revise
Affected Sections to Implement the Revisions.
MEETING DATE:December 15, 2020
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION: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 20147 and move to provisionally
adopt Ordinance 2061, the Building Heights Part 1 Text Amendment.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:This text amendment will revise language for clarity and consistent
application of first floor required height standards in five non-residential
zoning districts, and revise paragraph a.1 of subchapter 4b of the Bozeman
Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District. No changes to maximum height dimensional standards are
included with this amendment. Revise affected sections to implement the
revisions.
UNRESOLVED ISSUES:Public comment has been received as described under the summary of the
Zoning Commission. The City Commission may direct modifications to
address the public comment.
ALTERNATIVES:1. Provisional adoption of the ordinance with minor modifications to the
recommended ordinance;
2. Direct modifications to the ordinance as determined to be appropriate
using the following alternative City Commission Motion: Having reviewed
and considered the staff report, application materials, public comment, and
all information presented, I hereby move to direct staff to make appropriate
revisions to the ordinance to [state what is to be accomplished] and bring
back an implementing ordinance.
257
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.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Amendment.
Attachments:
20147 Building Height amendments Ordinance 2062.pdf
20147 Ord 2062 Building Heights Part 1 ZCA - CC report.pdf
UDC Platform - Floor to Ceiling Height - 11.23.20 Comment -
Susan Riggs.pdf
UDC Platform - Floor to Ceiling Height - 11.23.20 Comment -
RJP.pdf
Report compiled on: December 3, 2020
258
Page 1 of 8
ORDINANCE NO. 2062
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO CLARIFY FLOOR TO
CEILING HEIGHT BY AMENDING TABLE 38.320.050 (TABLE OF FORM AND
INTENSITY STANDARDS—NON-RESIDENTIAL AND OTHER MIXED-USE
DISTRICTS) AND REVISING PARAGRAPH A.1 OF SUBCHAPTER 4B OF THE
BOZEMAN GUIDELINES FOR HISTORIC PRESERVATION AND THE
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT RELATED TO FLOOR
TO CEILING HEIGHT AND PROVIDING AN EFFECTIVE DATE.
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, City is committed to reviewing and improving the Unified Development
Code; and
WHEREAS, the City has developed a platform to submit revisions to the Unified
Development Code to improve overall functionality and ease of use; and
WHEREAS, it has been identified that Table 38.320.050 and the related footnotes do not
address certain elements of the content related to floor-to-ceiling height with adequate clarity; and
WHEREAS, 38.110.010, BMC, adopts the “Guidelines for historic preservation and
neighborhood conservation overlay district” by reference; and
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Ordinance 2062, Building Height Clarification Revisions
Page 2 of 8
WHEREAS, it is in the interests of the City and public welfare to revise the Bozeman
Municipal Code to provide clarifying language and increase the ease of use of the UDC.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Table 38.320.050 – Table of Form and Intensity Standards – Non-Residential and
Other Mixed-Use Districts, of the Bozeman Municipal Code be amended as follows:
Standard
Zones
Commercial Zoning Districts
UMU
Industrial Zoning
Districts PLI NEHMU
B-1 B-2 B-2M B-3 BP M-1 M-2
Lot and floor area standards
Minimum lot area
(square feet)
(38.320.020.A)
5,000 — - - — 43,560 7,500 — — 5,000 1
Minimum lot width
(feet)
(38.320.020.A)
50 100 — — — 150 75 100 — 50
Maximum lot
coverage
(38.320.020.C)
100% 100% 100% 100% 100%
4 60% 100% 100% - 40%—
100% 5
Minimum floor
area ratio
(38.320.020.C)
— — — — 0.50 — — — — —
Building height standards (feet) (38.320.020.E)
Minimum building
height — — — — 22 6 — — — — —
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Ordinance 2062, Building Height Clarification Revisions
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Maximum building
height Variable
8
55/70
9 55 10 45 45 — 45
Minimum floor to
ceiling height of
first floor
13 21 13 21 13 21 13 21 13 21 — — — — —
Roof pitch <
3:12 34 38 7 38 7
Roof pitch 3:12
or > 38 44 7 44 7
Minimum setback (feet) (38.320.020.F)
Front Setback
Front setback provisions are set forth in the
block frontage standards in division
38.510.
25 11,17 20 11 20 11 0 12 20 11
Setback to an
individual garage
oriented to the
street
— 20 20 20 — — — — — 20
Rear Setback 10 10 10 13 0 15 0 20 17 3 3 0 12 3
Side Setback 5 14 5 14 5 14 0 15 0 15 17,
14 3 14 3 14 0 12 3
Side or Rear
Setback Adjacent
to Alley
5 5 5 5 5 5 5 5 5
Parking & loading
areas (feet) Note 15 Note 15
Front Setback Note 11 Note 11 Note 11 Note
11 Note 11 Note
11
Note
11
Note
11
Rear Setback 10 16 10 16 5 16 0 17 - — —
Side Setback 8 16 8 16 5 16 0 17 - - -
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Ordinance 2062, Building Height Clarification Revisions
Page 4 of 8
Garages and special parking standards
Residential
Garages — Note 18 Note 18 Note
18 — — — — — Note 18
Special Parking
Standards
Note
19, 20
Note
19, 20 Note 19, 20 Note
20
Note
19, 20
Note
20
Note
19,20
Note
19,20 Note 20
Notes:
1. The lot area must provide all required setback areas and off-street parking and loading.
Lot area per dwelling must not be less than 5,000 square feet per detached single-
household dwelling and 3,000 square feet per attached dwelling. Lot area per each
dwelling used to satisfy the requirements of division 38.380 must not be less than 2,700
square feet per detached single-household dwelling and 2,500 square feet per attached
dwelling.
2. Reserved.
3. Reserved.
4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square
feet.
5. The maximum lot coverage must be 40 percent for principally residential uses or 100
percent for principally non-residential uses.
6. Buildings within a development or each phase of a multi-phased development must have
varying heights achieved through the use of multiple stories.
7. B-2 height exceptions:
a. Maximum height may be increased by up to a maximum of 50 percent when the
zoning district is implementing a regional commercial and services growth policy
land use designation.
b. 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.
8. B-2M height limits:
a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet
(whichever is less), provided the top floor of five-story buildings within 30 feet of
the front property line feature has a stepback of at least ten feet from the front face
of the building.
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Ordinance 2062, Building Height Clarification Revisions
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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.
9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70
feet outside of the core area.
10. Maximum building height may be increased by up to but not more than an additional 25
feet when structured parking is provided per section 38.330.040.E.2, and when determined to be
in compliance with the review criteria of 38.230.100.
11. Front setback provisions are set forth in the block frontage standards in division 38.510
and in 38.350.070.
12. In the PLI district, there is no setback requirement except when a lot is adjacent to another
district. The setbacks then must be the same as those in the adjacent district. The setback
requirements of RS must be interpreted as those of R-1.
13. The minimum rear setback is five feet for accessory buildings.
14. Zero lot lines are allowed per 38.350.050.B.
15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless
explicitly authorized otherwise under this chapter.
16. Side and rear setbacks for parking may be allowed to be zero feet when coordinated
parking arrangements between adjacent properties are provided.
17. Rear and side setbacks adjacent to alleys must be at least five feet.
18. Garage location standards: for single to four-household uses, see 38.350.070.
19. This chapter provides opportunities for parking requirements to be met by shared and off-
site parking as allowed by division 38.540 of this chapter.
20. Non-residential and multi-household developments are subject to the block frontage
standards of division 38.510.
21. Floor-to-ceiling height is defined as the height between each floor plate in a building
measured from the top of ground floor to the lowest structural element of the floor supports of
the floor above. This standard applies to non-residential buildings, mixed use buildings, and
apartment buildings.
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Ordinance 2062, Building Height Clarification Revisions
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Section 2
That paragraph A.1 of Subchapter 4B of the Bozeman Guidelines For Historic Preservation And
The Neighborhood Conservation Overlay District be amended as follows with all other portions
remain unchanged:
1. Provide density to meet the goals and objectives of the Downtown Bozeman Improvement
Plan.
• Floor area ratio for any new construction project shall be a minimum of 1.0 FAR.
Lower FAR ratios are acceptable with renovation or remodeling of existing structures.
• Floor-to-floor heights for commercial and mixed use buildings ground floors shall be
designed to accommodate a variety of current and future uses and must comply with
Table 38.320.050 of the municipal code. The first floor level of new commercial and
mixed use buildings shall maintain a minimum floor-to-floor height of 15 feet.
• Buildings with 100 percent residential uses are exempt from the 15 foot floor-to floor
height requirement but are encouraged to consider taller first floors to provide flexibility
for a variety of uses over time.
Section 3
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.
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Ordinance 2062, Building Height Clarification Revisions
Page 7 of 8
Section 4
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 5
Severability.
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 6
Codification.
This Ordinance shall be codified as indicated in Sections 1.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2062, Building Height Clarification Revisions
Page 8 of 8
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___ day of ________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
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
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Page 1 of 12
20147 Staff Report for the Building Heights Part 1 Text Amendment,
Ordinance 2062
Public Hearings: Zoning Commission meeting was on November 23, 2020.
City Commission meeting is on December 15, 2020.
Project Description: This text amendment will revise language for clarity and consistent
application of first floor required height standards in five mixed-use and non-
residential zoning districts, and revise paragraph a.1 of subchapter 4b of the
Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District. No changes to maximum height dimensional standards are included
with this amendment. Revise affected sections to implement the revisions.
Project Location: Applicable City-wide in all areas zoned as B-1, B-2, B-2M, B-3, and
UMU.
Recommendation: Meets standards for approval.
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 20147 and move to recommend approval
of the Building Heights Part 1 Text Amendment, with contingencies required to
complete the application processing.
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 20147 and
move to provisionally adopt Ordinance 2061, the Building Heights Part 1 Text
Amendment.
Report: December 3, 2020
Staff Contact: Chris Saunders, Community Development Manager and Jacob Miller,
Planner I
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
Public comment has been received as described under the summary of the Zoning
Commission. The City Commission may direct modifications to address the public comment.
Project Summary
This amendment changes two parts of the City’s land development regulations. Chapter 38 is
the zoning standards and incorporates by reference design guidelines for the Neighborhood
Conservation Overlay District. Both documents include standards for ground floor heights
and are being revised together so the standards applied are consistent. Currently, there are
several inconsistencies between the documents.
The City has recognized the need to improve the sections of Bozeman Municipal Code that
describe building height standards and related elements. There are three housekeeping
revisions with this amendment that will provide clarity and remove language that may cause
confusion for users. The proposed amendments do not change the maximum height
standards, but provide additional clarity, specifying that the floor-to-ceiling height standard
of 13’ only applies to the first floor of non-residential, mixed-use, and apartment buildings in
the defined districts, specifying which building elements are to be used for measurement, and
removing an unnecessary piece of cross reference text that is incorrect. This amendment will
require the same standard in the B-3 district as in the other districts and will remove an
exemption for B-3 residential buildings that conflicts with other language in the code.
This is the first of two amendments relating to building height. Due to complexity of the
issue and available staff time, the second part is expected to be processed with the April 2021
text amendment set. The second part will consider and may propose revisions to maximum
allowed heights in various zoning districts.
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
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Staff Report for the Building Heights Part 1 Text Amendment Ord. 2062 Page 3 of 12
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 November 23, 2020. They recommend
approval of the application as prepared by Staff. The video recording of the public hearing is
available at https://media.avcaptureall.com/session.html?sessionid=371be454-ef54-4595-
bf43-c27367d0499d&prefilter=654,3835. Discussion of this item begins at 2:00:50 in the
recording. Two written comments were received prior to the public hearing suggesting a
change in wording and addressing affordable housing. The comments are attached.
Public comment suggested a change in wording from floor-to-ceiling to floor-to-floor to
better align City standards with architectural professional practice. With an adjustment to the
specified height this change in wording could occur. There are many different types of
ceiling and flooring support systems with differing heights and configurations. Options
chosen must integrate with other building mechanical systems and other functional elements
of a building. The Staff have no preference for one system over another. However, the
difference in thickness can vary by multiple feet which does have a significant impact on the
outcome of available height and associated flexibility to redevelopment of the ground floor.
Should the Commission determine it is appropriate to change the wording as requested, Staff
suggests modifying the associated numeric standard to 15 feet from 13 feet. The following
graphic illustrates the difference in the two approaches.
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Staff Report for the Building Heights Part 1 Text Amendment Ord. 2062 Page 4 of 12
One public comment suggests allowing for a departure from the ground floor height standard
for certain residential uses. Applicability of this approach may depend on whether a building
contains mixed uses, exclusively residential uses, or other factors. The present ordinance
amendment would require that only apartment buildings within the affected zoning districts
provide the same height as non-residential and mixed-use buildings in order to facilitate the
construction of more adaptable buildings. Should the Commission wish to enact a departure
please give direction per Alternative 2 below and revised language will be developed.
Alternatives
1. Provisional adoption of the ordinance with minor modifications to the recommended
ordinance;
2. Direct modifications to the ordinance as determined to be appropriate using the following
alternative City Commission Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby move to
direct staff to make appropriate revisions to the ordinance to [state what is to be
accomplished] and bring back an implementing 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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
This report is based on the application materials submitted and public comment received
to date. ................................................................................................................................. 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Strategic Plan ...................................................................................................................... 2
Zoning Commission ............................................................................................................ 3
Alternatives ......................................................................................................................... 4
SECTION 1 – MAPS ................................................................................................................ 6
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 7
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PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 10
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 10
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 11
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 11
FISCAL EFFECTS ................................................................................................................. 11
ATTACHMENTS ................................................................................................................... 12
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SECTION 1 – MAPS
Location of affected zoning districts map
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SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Zoning Commission held a public hearing on this amendment on November 23, 2020, at
6 p.m. They forward a recommendation of approval to the Commission on the text
amendment.
The City Commission will hold a public hearing on the zone map amendment on December
15, 2020, at 6 p.m.
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. The
burden of proof that the application should be approved lies with the applicant.
A zone 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 zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone 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 mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. There are several elements of the growth policy which support the clarifications
proposed by this amendment. The basic planning precepts, page 20, includes “The needs of
new and existing development coexist and they should remain in balance; neither should
overwhelm the other.” Clarity of meaning and application helps ensure consistent
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application of existing standards as new applications are submitted. This supports balance
and harmonious coexistence for existing and new development.
“N-2.4 Evaluate design standards. Encourage development in appropriate districts of
buildings that are capable of serving an initial residential purpose and be readily converted to
commercial uses when adequate market support for commercial services exists.”
“R-2.7 Adaptive Capacity: Include flexible and adaptable measures that that consider future
unknowns of changing climate, economic, and social conditions.”
Specifying the floor-to-ceiling height for the ground floor of projects in commercial and
mixed-use districts helps ensure that those spaces will be adaptable to future market
considerations and community needs by creating ground floor space that can be inhabited by
a variety of uses and users. Facilitating the construction of more adaptable buildings works
towards the City’s climate goals as well, reducing the necessity for “scrape and rebuild”
construction practices.
B. Secure safety from fire and other dangers.
Yes. The City has adopted a variety of standards to address this criterion. The proposed
amendments do not modify those standards. Therefore, the code as a whole continues to
satisfy this criterion.
C. Promote public health, public safety, and general welfare.
Yes. Providing clarity to the Unified Development Code ensures ease of use for design
professionals and further harmonizes the desired outcomes of the City and developers alike.
The specification of the ground floor height requirements will ensure that future uses will be
accounted for with new development, creating more adaptable, resilient buildings and
furthering the economic goals of the City.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The City has adopted a variety of standards to address this criterion. The proposed
amendments do not modify those standards. Therefore, the code as a whole continues to
satisfy this criterion.
E. Reasonable provision of adequate light and air.
Yes. Constructing 13’ floor-to-ceiling heights on the ground floor of apartments, mixed-use,
and commercial buildings in defined districts will facilitate the provision of adequate light
and air. The higher the first floor of a building is, the more natural light is able to penetrate a
space. This pattern is seen in the historic buildings along Main Street where high ceilings and
large windows enabled interior lighting and air circulation in the days before mechanical
systems assisted in meeting these needs.
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F. The effect on motorized and non-motorized transportation systems.
Yes. Maintaining a higher floor-to-ceiling height in mixed-use and commercial districts
creates a more vibrant, attractive streetscape for pedestrians, cyclists and drivers.
G. Promotion of compatible urban growth.
Yes. The typical floor-to-ceiling height in the B-3 districts are between 12’ and 14’ tall,
based on the Bozeman Design Guidelines for Historic Preservation & Neighborhood
Conservation Overlay District. These amendments will help maintain that design
characteristic and preserve historical development patterns within the NCOD and throughout
Bozeman.
H. Character of the district.
Yes. The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the City's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The affected districts serve to provide Bozeman with a broad range of mutually supportive
commercial and residential uses that can accommodate future growth and enhance the
character of the City. Ensuring that the City’s Unified Development Code explicitly states
height requirements for commercial and mixed-use districts guarantees that all development
projects will adhere to the same standards, thus maintaining and enhancing the character of
the defined districts and promoting adaptable uses through implementation of design
standards.
I. Peculiar suitability for particular uses.
Neutral. No changes to allowed uses in zoning districts happen with this amendment and no
changes to allowable building heights in any districts are changed with this amendment.
J. Conserving the value of buildings.
Neutral. The code requirement that this amendment is clarifying only applies to new
construction.
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K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Neutral. The proposed amendment does not alter allowed uses in zoning districts or the
zoning map. Clarifying code requirements does make it easier for developers and staff to
implement and review code.
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.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The City processes hundreds of applications each year. As the code is applied to those
applications issues appear where applicants and designers understand the code differently than
City Staff. The Staff monitors for those “frequent flier” issues to understand where the code is
not adequately clear.
Ground floor minimum heights are an important aspect of building design as it is the ground
floor that directly faces the public realm, which can either foster an active, human-scale
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streetscape or do the opposite. The historical development pattern stemming from the B-3,
Downtown Business District presents minimum ground floor heights of at least 13’. Continuing
this development pattern in commercial, mixed-use, and apartment buildings will maintain the
character of Bozeman’s preeminent business district throughout the city and provides
adaptability for future uses on the ground floor, keeping in line with the goals of the recently
adopted Community Plan and the Climate Action Plan.
There are currently conflicting standards in the NCOD Guidelines for minimum building height
in the B-3 district, and there are unnecessary and inaccurate cross references, and a lack of clarity
as to whether minimum height standards apply only to the ground floor or to all floors and what
the height standard measurements refer to as the basis of measurement.
This amendment began as part of a larger consideration of overall height requirements. However,
due to work load and complexity of the topic, it was decided to break these smaller edits from
larger considerations of building height. The more expansive evaluation of building heights will
continue to be worked on and Staff intends to bring it forward with the April 2021 text
amendments.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Zoning Commission public hearing, and not
more than 45 days prior to the City Commission public hearing. Hearing dates are on the first
page of this report.
Two public comments were received as of the writing of this report.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Amendment.
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Staff Report for the Building Heights Part 1 Text Amendment Ord. 2062 Page 12 of 12
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2062
Public comment
278
I am writing to provide public comment for the code edit 20147 Building Heights Part 1 Text
Amendment, Ordinance 2062 -
The code language should be edited to require minimum floor-to-floor heights rather than
floor-to-ceiling heights. Having a minimum floor-to-floor height is a worthy goal intended to
facilitate easier use changes over time and maintain active steetscapes. Measuring floor-to-floor
heights is very straightforward and does not leave room for differing interpretations. Regarding
requiring minimum floor-to-ceiling heights however, zoning should not dictate these types of
design details for private interior spaces.
Approved residential uses meeting the City's definition of "affordable housing" on the ground
floor should be exempt from this requirement.
21 footnotes is simply too many for any code section. This section should be revised as part of a
larger effort to make the UDC more clear, concise and easier to use for everyone.
Susan Riggs, AICP
www.groundprint.com
406.579.5844
279
23 November 2020
Bozeman City Commission
Bozeman Zoning Commission
City of Bozeman Department of Community Development
Via Email
RE: UDC Community Platform
SUBJECT: Floor-to-Ceiling Height
Greetings -
I am writing to request that the UDC better align with industry standards and use Floor-to-
Floor dimensional designations, instead of the current Floor-to-Ceiling.
Floor-to-Ceiling measurements are relatively vague and are not meaningful in setting minimum
first level dimensions or determining overall building heights. The height of a room (ceiling) can
vary considerably by design and construction type.
The current UDC diagrams already suggest Floor-to-Floor dimensions.
UDC Figure 38.320.050.1 UDC Figure 38.320.060
Thank you for your careful considerations,
Robert J. Pertzborn, AIA
433 North Black Avenue
Bozeman, Montana 59715
rpertzborn@intrinsikarchitecture.com
406-580-0422
280