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HomeMy WebLinkAbout25234 Staff Report FINAL Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 1 of 24 Application No. 25234 Type Site Plan, Commercial Certificate of Appropriateness, and Demolition Project Name The Northern SP CCOA DEMO Summary A site plan to demolish an existing building and construct a seven (7) story mixed-use building, approximately 125,670 square feet. The mixed-use building will include 81 residential units, residential amenities plus an exterior rooftop deck, 3,520 square feet of ground-floor commercial, and an enclosed parking garage, with one full deck below grade and two partial decks at levels 1 and 2. The site is located within the Midtown Urban Renewal District, which does not require infill projects to provide new parking; however, the applicant is proposing to provide 75 parking spaces within the parking garage. Vehicle access to the site will be provided from an entrance along W Mendenhall Street along the southern property line, and from the existing alley along the northern property line. Additionally, the application includes associated design and infrastructure improvements pertaining to stormwater, vehicular and bicycle parking, landscaping, lighting, and pedestrian pathways. The project proposes to utilize the incentives for affordable housing as outlined in BMC 38.380.040, specifically Type A Incentives, with 8% of the units to be deed-restricted at 80% AMI. The proposed incentive requested is two additional stories of height (maximum 15 feet per story) within the B-2M zoning district per BMC 38.380.040.C.3.e. The applicant has requested a departure from BMC 38.520.030.C, requiring dwelling units whose only solar access (windows) is from the side of the building to be set back from a side or rear property line at least 15 feet. The applicant is requesting a departure from this section for the units whose only solar access is from the rear property line adjacent to the alley. The property is located within the Neighborhood Conservation Overlay District but is not within a Historic District. The existing building that will be demolished is not considered a contributing or eligible historic structure. Zoning B-2M Growth Policy Community Commercial Mixed Use Parcel Size 0.46 Acres (20,246 sf) Overlay District(s) Neighborhood Conservation Overlay District (NCOD) Location 621 W Mendenhall; located in the northeast corner of the N 7th Avenue and W Mendenhall Street intersection Legal Description Lots 16-20 & W9’ Lot 15, Block E, Less RW on Lot 20 Less ST to City in Tracys 2nd Addition, in Section 12, Township 2 South, Range 5 East, located in P.M.M., City of Bozeman, Gallatin County, Montana Owner Drake Building & Development, c/o Cole Nelson, 2975 Max Avenue #1050, Bozeman, MT 59718 Applicant Element Design Works, LLC, c/o Mario Ciaralli, 13455 Tejon Street, Westminster, CO 80234 Representative Element Design Works, LLC, c/o Mario Ciaralli, 13455 Tejon Street, Westminster, CO 80234 Staff Planner Bailey Minnich Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 12/22/2025 – 1/14/2026 12/19/2025 12/19/2025 N/A Advisory Boards Board Date Recommendation Development Review Committee 12/16/2025 Adequate for further review with applicable conditions and code provisions. Recommendation The application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or her designees Date: 1/29/2026 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital application access located online in the City’s Laserfiche Repository for Application 25234 Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 2 of 24 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comments was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a site plan to demolish an existing building and construct a seven (7) story mixed-use building, approximately 125,670 square feet. The mixed-use building will include 81 residential units, residential amenities plus an exterior rooftop deck, 3,520 square feet of ground-floor commercial, and an enclosed parking garage, with one full deck below grade and two partial decks at levels 1 and 2. The site is located within the Midtown Urban Renewal District, which does not require infill projects to provide new parking; however, the applicant is proposing to provide 75 parking spaces within the parking garage. Vehicle access to the site will be provided from an entrance along W Mendenhall Street along the southern property line, and from the existing alley along the northern property line. Additionally, the application includes associated design and infrastructure improvements pertaining to stormwater, vehicular and bicycle parking, landscaping, lighting, and pedestrian pathways. The project proposes to utilize the incentives for affordable housing as outlined in BMC 38.380.040, specifically Type A Incentives, with 8% of the units to be deed-restricted at 80% AMI. The proposed incentive requested is two additional stories of height (maximum 15 feet per story) within the B-2M zoning district per BMC 38.380.040.C.3.e. The applicant has requested a departure from BMC 38.520.030.C, requiring dwelling units whose only solar access (windows) is from the side of the building to be set back from a side or rear property line at least 15 feet. The applicant is requesting a departure from this section for the units whose only solar access is from the rear property line adjacent to the alley. The property is located within the Neighborhood Conservation Overlay District but is not within a Historic District. BMC 38.340.100 requires a Commercial Certificate of Appropriateness (CCOA) to proceed with the demolition, site clearance, and new construction. The existing building that will be demolished is not considered a contributing or eligible historic structure. This staff report and the notice for the CCOA application address the demolition of the current building and site. The site is zoned B-2M, Community Business District-Mixed, and the proposed use is consistent with the allowable uses in the B-2M zoning district. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and CCOA and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director finds that the proposed Site Plan complies with the requirements of the BMC if certain conditions are imposed. Therefore, being fully advised of all information comprising the record of review regarding this application, the Director makes the following decision. C) The Site Plan and CCOA have been found to meet the criteria of Ch. 38, BMC, and are therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title, as noted in the Code Provisions section of this document. The evidence contained in the submittal materials, advisory body review, public comment, and this report justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations and all applicable criteria of Ch. 38, BMC. On this 10th day of February 2026, Erin George, Director of Community Development, or her designee, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Department of Community Development for the City of Bozeman within 10 working days after the date of the final decision, as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT OR HER DESIGNEE Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 3 of 24 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant must provide a stormwater operation, inspection, and maintenance plan meeting the requirements of Chapter 6.4.3 within the City of Bozeman Design and Construction Standards prior to final site plan approval. 3. The applicant must submit an earth retention plan for City review. The earth retention plan must be approved by the City prior to the issuance of a building permit. The earth retention plan shall be submitted through the encroachment permit application. All encroachments shown on the earth retention plan into the N 7th Avenue right-of-way must be approved by MDT prior to the issuance of a building permit. CODE PROVISIONS 1. BMC 38.240.310.A.6. Aggregation. The building is located over existing lot lines. Based on this condition, the building would not meet the existing setbacks along this lot line. A subdivision exemption to aggregate the underlying lots must be reviewed, approved, and recorded with the Gallatin County Clerk and Recorder’s Office prior to final site plan approval. No building permit(s) may be issued until such time that the lot lines are aggregated in compliance with local and state requirements, and that places the proposed structure in compliance with all zoning regulations. 2. BMC 38.380.020.I.3. Affordable Rental Housing, Applicability and Affordability Requirements. If the calculation of the required number of affordable dwellings results in a fraction of an affordable dwelling, the developer must construct affordable dwellings equal to the next lower integer and either provide a cash-in-lieu payment for the additional fractional amount or construct an additional affordable dwelling. The applicant must provide a cash-in-lieu payment for the additional fractional amount of .48 per the code prior to final site plan approval. 3. BMC 38.380.030.D. Affordable Housing Plan Required. An approved affordable housing plan binds the applicant and the applicant's successors in interest to comply with the plan for the duration of the affordability period. The approved affordable housing plan must be incorporated into a recorded restrictive covenant, deed restriction, or other document (referred to as the compliance document) acceptable to the city attorney, which implements the affordable housing plan. The compliance document must be recorded in the records of the county clerk and recorder as follows: 2. For site plans, unless a compliance document was recorded with the subdivision, the compliance document must be recorded prior to the issuance of a building permit. The affordability period begins on the date of issuance of a certificate of occupancy. Please contact the City of Bozeman Affordable Housing Manager to complete this process. 4. BMC 38.400.080.A. Sidewalks. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) must be constructed in all developments on all public and private street frontages, except for alleys. The requirements of the city design standards and specifications policy, and the city modifications to state public works standard specifications, and per the block frontage standards of division 38.510 apply. Per the City of Bozeman Downtown Design and Construction Standards Chapter 2.2.8.F, pavers within the right-of-way are not considered to meet these standards, however, they may be approved by the jurisdictional authority on a case-by- case basis. The applicant must sign an alternative surfacing agreement for the pavers, approved through the City Legal Department and the Engineering Division, prior to final site plan approval. Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 4 of 24 5. BMC 38.410.130. Water Rights. The project’s estimated annual municipal water demand is 10.64 acre-feet, which must be offset prior to final site plan approval. At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is projected to be $60,972. The actual cash-in-lieu of water rights fee will be calculated at the time of payment. The applicant must provide the CILWR fee payment and the receipt to the Review Engineer to demonstrate compliance with water adequacy provisions prior to final site plan approval. 6. BMC 38.420.030. Cash donation in-lieu of land dedication. The finalized cash donation in-lieu of land dedication (CILP) has been determined as $19,625.90 and must be paid prior to final site plan approval. 7. BMC 38.520.030.C. Relationship to adjacent properties, Light and Air Access. The applicant must pay the required departure fee of $465 prior to final site plan approval. 8. BMC 38.540.050.A.5.c.7. Bicycle parking standards. Bicycle parking is not permitted within a public street ROW unless prior written authorization is granted by the city engineer for a perpetual encroachment easement. The applicant must obtain a perpetual encroachment easement for the bicycle racks proposed within the W Mendenhall Street and N 7th Avenue public rights-of-way and reorient the proposed bike racks on N 7th Avenue to a north-south orientation prior to final site plan approval. 9. BMC 38.560.020 – A sign permit is required prior to the installation of any signs on the subject site. Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 5 of 24 Figure 1: Current Zoning Map Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 6 of 24 Figure 2: Growth Policy Designation Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 7 of 24 Figure 3: Site Plan Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 8 of 24 Figure 4: Landscaping Plan Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 9 of 24 Figure 5: Roof Landscaping Plan Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 10 of 24 Figure 6: Elevations Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 11 of 24 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively, this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy (38.100.040.D) Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-2M, Community Business District-Mixed Yes Comments: The Bozeman Community Plan 2020, on page 73, discusses how zoning regulations are made in accordance with a growth policy. “The City must balance many issues in approving urban development. Therefore, it is not unusual if there is some tension between competing priorities, even if there is no explicit contradiction in policy.” The adopted regulations in Chapter 38, the Uniform Development Code (UDC), are the result of the Commission considering and balancing a wide range of issues, and the regulations provide an overall compliance basis of evaluation of the specific development application to the aims and aspirations of the growth policy. This balancing in crafting regulations means that individual goals or objectives are not maximized to the exclusion of other priorities, and evaluation occurs against the whole of the growth policy. Applications consistent with the adopted regulations are in accordance with the overall growth policy. B-2M is an implementing district of the 2020 Community Plan designation of Community Commercial Mixed Use and is supported by the following goals: - Goal N-1: Support well-planned, walkable neighborhoods. Staff Comment: This project is located at the intersection of N 7th Avenue and W Mendenhall Street, and within 1 block of amenities along Main Street and 3 blocks from the downtown core area. Both N 7th Avenue and W Mendenhall Street include public sidewalks and multiple public transit stop locations. - Goal N-1.1: Promote housing diversity, including missing middle housing. Staff Comment: This project proposes a total of 81 residential dwelling units in a single apartment building, with 8% of the units restricted to households earning 80% AMI in accordance with the submitted Affordable Housing Plan. The number of proposed units, including those restricted with the Affordable Housing Plan, will provide diversity in the housing types available within the City of Bozeman. - Goal N-1.11: Enable a gradual and predictable increase in density in developed areas over time. Staff Comment: The subject property is located in an area of higher density zoning districts at the intersection of N 7th Avenue and W Mendenhall Street. N 7th Avenue contains a corridor of commercial zoning to the north and south of the subject property. The area transitions to higher density zoning districts such as R-4 (residential high-density district) and B-3 (downtown district) towards the northeast of the proposed development, further down W Mendenhall Street. The location of the proposed site directly off N 7th Avenue and W Mendenhall Street creates a predictable increase in density by establishing a transition between full commercial uses and standard single household residential properties further to the east. Additionally, the proposed development fits the character of the area as the subject property is surrounded by existing multi-household mixed-use developments of similar scale. - Goal DCD-1: Support urban development within the City. Staff Comment: This project is a redevelopment of one infill lot providing higher-density residential units within close proximity to commercial uses. The proposed site is Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 12 of 24 located adjacent to N 7th Avenue, which is designated as a Principal Arterial classification and W Mendenhall Street, which is designated as a Minor Arterial, both anticipated for the higher level of density and city services. - Goal DCD-1.1: Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. Staff Comment: This project is located at the intersection of N 7th Avenue and W Mendenhall Street, which is designated as a high-visibility street corner. N 7th Avenue is classified as a Principal Arterial, and W Mendenhall Street is classified as a Minor Arterial. Additionally, there is a Streamline bus stop located at the intersection of N 7th Avenue and W Mendenhall, which serves both the Blueline and Purpleline. Due to the site’s proximity to these city services, it provides a higher level of potential for more intense redevelopment. - Goal DCD-1.9: Promote mixed-use developments with access to parks, open space, and transit options. Staff Comment: This project provides a mixed-use development with access to multiple transit options along both N 7th Avenue and W Mendenhall Street. Cooper City Park is located to the south approximately 0.36 miles from the subject property, and West Lake City Park is located to the northeast approximately 0.6 miles from the subject property. - Goal DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another. Staff Comment: This project is a mixed-use development with higher-density housing adjacent to existing public transportation routes along N 7th Avenue and W Mendenhall Street. Streamline bus service has an existing Blueline route stop located at the intersection of N 7th Avenue and W Mendenhall, as well as an existing Purpleline route stop at the same location. Both routes are directly across N 7th Avenue from the proposed development. Growth Policy – Community Commercial Mixed Use: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity.” “Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development.” Staff Comment: As described through the above goals and strategies, the proposed project conforms to the Bozeman Community Plan 2020 designation of Community Commercial Mixed Use by providing urban density homes within city limits in proximity to existing and developing parks, commercial nodes, centers of employment, retail, and schools. The Apartment use as denoted within the site plan submittal is allowed within the B-2M zoning district, and the project conforms to the requirements of the B-2M zoning district. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy and other supporting city plans. No conflicts between the proposed use, zoning compliance, and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership N/A Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 13 of 24 Comments: The applicant has not indicated if the proposed mixed-use development will eventually be converted into condominium units. If condominiums are proposed in the future, they would be reviewed through a separate process after approval of the current site plan application. As detailed in this report, the application conforms with all relevant provisions of the UDC and other City regulations. Additional steps will be required, including but not limited to building permits and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None N/A Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions, which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The site plan is not proposed to be a phased project. The applicant will not be seeking phased occupancy for the development and plans to develop the entire project in one phase. Any additional development, such as an expansion, may require an amendment to this approved site plan or a new site plan applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments/apartment building; Commercial/Retail Yes Form and intensity standards 38.320 Zoning: B-2M Setbacks Structures Parking / Loading Yes, with code provision Front Block Frontage – Mixed/Storefront Block Frontage – Mixed/Storefront Rear 10-feet 5-feet Side 5-feet 5-feet Side or Rear adjacent to Alley 5-feet Comments: Apartments and apartment buildings are permitted uses within the B-2M zoning district. Additionally, a number of commercial uses are permitted within the B-2M zoning districts which may fit this location including retail, restaurant, offices, and personal services. The subject property is comprised of multiple lots, and the applicant must aggregate the lots together prior to final site plan approval. Code provision #1 requires the aggregation to be approved and recorded with the Gallatin County Clerk and Recorder's Office prior to final site plan approval in order to demonstrate compliance. Additionally, no building permits may be issued by the City until the lot lines are relocated in compliance with all zoning regulations. Once the lots have been aggregated together, the proposed structure will comply with all B-2M zoning district setbacks. Mixed-use buildings are subject to block frontage standards. The block frontage designation Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 14 of 24 is Mixed along both N 7th Avenue and W Mendenhall Street. BMC 38.510.030.D.2 requires the applicant to choose either Storefront or Landscaped block frontage standards for conformance. The applicant has chosen to comply with the Storefront block frontage standards for both N 7th Avenue and W Mendenhall Street. The Storefront standards permit the building placement to be located at the front property line or the back edge of the sidewalk. Lot coverage 100% Allowed 100% Yes Building height 85-feet, 10-inches to top of elevator shaft Allowed 5 stories or 60 feet in B-2M; 90-ft with affordable housing incentives Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. The B-2M zoning district permits a maximum building height of 5 stories or 60 feet for buildings, which includes the parapet wall, provided the top floor above five-stories has a stepback of at least ten feet from the front face of the building. The project proposes to utilize the incentives for affordable housing as outlined in BMC 38.380.040, specifically Type A Incentives, with 8% of the units to be deed-restricted at 80% AMI. The proposed incentive requested is two additional stories of height (maximum 15 feet per story) within the B-2M zoning district per BMC 38.380.040.C.3.e. According to the submitted building elevations, the proposed building will include 7 stories and is a maximum of 78-feet, 10-inches to the top of the parapet. Additionally, the 7th floor is stepped back from the front property lines along both N 7th Avenue and W Mendenhall Street in compliance with BMC 38.320.050. A proposed elevator and stair penthouse extends above the maximum height of the building, providing access to the rooftop deck amenity area; however, these are exempt from the height limitation of the zoning district per BMC 38.350.050.D.2.c. The proposed building is compliant with the maximum building height with the proposed affordable housing incentives. Maximum lot coverage is listed as 100% for the B-2M zoning district. The proposed development would have a building lot coverage of approximately 100%. Applicable zone specific or overlay standards 38.330-40 Yes Comments: The project is located within the Neighborhood Conservation Overlay District. In conjunction with the Site Plan application, the project also proposes a Commercial Certificate of Appropriateness and Demolition of the existing building on-site. See section 11 below for full analysis. General land use standards and requirements 38.350 Yes Comments: A proposed elevator and stair penthouse extends above the maximum height of the building; however, these are exempt from the height limitation of the zoning district per BMC 38.350.050.D.2.c. The applicant has chosen to comply with the Storefront block frontage standards for both N 7th Avenue and W Mendenhall Street. The Storefront standards permit the building placement to be located at the front property line or the back edge of the sidewalk. Additionally, weather protection at least 5-feet in average depth along at least 60% of the building facade is required by the Storefront block frontage and is also exempt from the front setback requirements. The proposed elevator shaft and awnings comply with the setback and height exemptions of this code section. Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no additional supplemental use criteria requirements applicable to this proposed project. Wireless facilities 38.370 N/A Affordable Housing 38.380 Yes Affordable housing plan 38.380.030 Yes, with code provisions Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 15 of 24 Comments: In conformance with Sec. 38.380.030, the developer has proposed to construct affordable homes that meet the standards in Table 38.380.020-1 and may apply certain incentives to all primary buildings in the development. The applicant has requested 8% of the units to be deed-restricted at 80% AMI. The proposed incentive requested is BMC 38.380.040.C.3.e: two additional stories of height (maximum 15 feet per story) within the B-2M zoning district provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of section 38.320.060.B apply. In conjunction with the site plan approval, an affordable housing plan has been reviewed by the Economic Development Department. Two code provisions denoted above (#2 & #3) must be met prior to final site plan approval and prior to issuance of a building permit for the execution of this affordable housing plan. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 N/A Access easements N/A Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Adjacent streets exist to serve the site and no additional dedication is needed. Vehicle access to the site and proposed parking garage will be from W Mendenhall Street and the adjacent alley off N 7th Avenue. A traffic impact study was reviewed by the Engineering Division. City staff reviewed the proposed trip generation and found that the projected traffic volumes are within acceptable limits based on current standards, and also considered nearby conditions, including available parking and access. N 7th Avenue is a Montana Department of Transportation controlled National Highway System Route. MDT may require a review process which could impact the proposed development layout. In the event MDT requires changes, a modification or resubmittal of the Site Plan will be required. Additionally, all work within the MDT right-of-way must meet MDT standards and specifications. Sidewalks 38.400.080 Yes, with code provision Comments: Sidewalks currently exist along N 7th Avenue and W Mendenhall Street. The block frontage designation is Mixed along both N 7th Avenue and W Mendenhall Street. BMC 38.510.030.D.2 requires the applicant to choose either Storefront or Landscaped block frontage standards for conformance. The applicant has chosen to comply with the Storefront block frontage standards for both N 7th Avenue and W Mendenhall Street. The Storefront block frontage requires a minimum 12-foot-wide sidewalk between the curb edge and the proposed storefront. The site plan application proposes that the sidewalk on N 7th Avenue will be approximately 13 feet in width in front of the development, and the sidewalk on W Mendenhall Street will be approximately 12 feet in width in front of the development, in compliance with the block frontage standards. In order to meet the required sidewalk width, the applicant is proposing pavers within the right-of-way. Pursuant to BMC 38.400.080 and the City of Bozeman Downtown Design and Construction Standards Chapter 2.2.8.F, pavers within the right-of-way are not considered to meet these standards, however, they may be approved by the jurisdictional authority on a case-by-case basis. The Engineering Division will require the applicant to sign an alternative surfacing agreement for the pavers, prior to final site plan approval, as outlined in code provision #4. The agreement must be approved through the City Legal Department. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage, and striping Yes Comments: Vehicular access to the site will be provided from W Mendenhall Street into the upper parking garage access near the southeast corner of the property. A second vehicle access into the parking garage is proposed from the existing alley, which connects onto N 7th Avenue. The development proposes a total of 75 parking spots on-site within the building. Engineering evaluated the drive accesses for compliance with design standards. Fire lanes, curbing, striping, signage, and gutters have also been reviewed and approved by the Fire Department and Engineering Department. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 N/A Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 16 of 24 Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 Yes Comments: N 7th Avenue is classified as a Principal Arterial and W Mendenhall Street is classified as a Minor Arterial. No new pedestrian easements are proposed with this project. The intersection of N 7th Avenue and W Mendenhall is controlled with traffic signals and W Mendenhall is a west-bound one-way street classified as an MDT urban route. The applicant is proposing a curb bulb to be installed at the corner of W Mendenhall and N 7th Avenue to enhance pedestrian visibility and safety around the street vision triangle encroachment. Additionally, this project is a mixed-use development with residential housing adjacent to an existing public transportation route along N 7th Avenue and W Mendenhall Street. Streamline bus service has an existing Blueline and Purpleline route stop located in the northeast corner of the intersection of N 7th Avenue and W Mendenhall, directly adjacent to the subject property. No improvements are required or proposed to the existing route stop. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians, alternative block delineation N/A Comments: Requirements of BMC 38.410, such as lot and block standards, were previously reviewed for conformance and satisfied, if necessary, as part of the applicable platting process associated with the original creation of the lots. Public streets and sidewalks surround the subject property, providing adequate pedestrian connectivity. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area N/A Provisions for utilities, including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes, with code provision Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. The site is not adjacent to any existing or approved public parks. Applicable cash in lieu of water rights was determined formally by the Engineering Division and must be paid to the City of Bozeman prior to final approval of this Site Plan per code provision #5. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes, with conditions of approval Comments: Requirements for grading and drainage, design standards for stormwater facilities, stormwater maintenance and landscaping for said facilities have been reviewed for conformance to the City’s standards by the Engineering Division. Condition of approval #2 has been included by the Engineering Division, requiring the applicant to provide a stormwater operation, inspection, and maintenance plan meeting the requirements of Chapter 6.4.3 within the City of Bozeman Design and Construction Standards prior to final site plan approval. Additionally, condition of approval #3 Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 17 of 24 requires the applicant to submit an earth retention plan for City review. The earth retention plan must be approved by the City prior to the issuance of a building permit. The earth retention plan shall be submitted through the encroachment permit application. All encroachments shown on the earth retention plan into the N 7th Avenue right-of-way must be approved by MDT prior to the issuance of a building permit. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A Comments: Watercourse setbacks and an associated planting plan are not applicable to this proposed development. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Yes Cash donation in lieu (CIL) 38.420.030 Yes, with code provision Improvements in-lieu N/A Comments: A total of 0.17 acres of equivalent cash donation in lieu of parklands (CILP) is required for this project. When the net residential density of a project is known, 0.03 acres per dwelling unit of land must be provided per BMC 38.420.020.A.1. Additionally, when the project proposes more than 8 dwelling units per acre, the dedication for the density above the 8 dwellings per acre must be met with a cash donation in lieu of the additional land. This project is proposing 81 dwelling units over 0.46 net acres for a net density of 187 units per acre. Because of the cap on the parkland requirement, the CILP does not take into account the total net density and instead is based on the maximum 12 units per acre for an equivalent. With a total of 0.17 acres owed for CILP, at an appraisal land value of $2.65 per square foot, the applicant owes $19,625.90 to provide the necessary cash donation for their proportionate share of parkland contribution as determined by the City Parks Department. Per code provision #6, CILP must be paid prior to final site plan approval. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This site plan application is for a residential development and does require parkland dedication. Please see the above comments regarding CILP applicable to this development. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed – Storefront Yes Departure criteria N/A N/A Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 18 of 24 Multi-household buildings are subject to block frontage standards. The block frontage designation is Mixed along both N 7th Avenue and W Mendenhall Street, which requires the applicant to choose to comply with either Storefront or Landscaped block frontage standards. The applicant has chosen to comply with the Storefront block frontage standards along both street frontages. The proposed building will comply with all Storefront standards, including building entrances, ground floor height, façade transparency, weather protection, sidewalk widths, and parking locations. As discussed in Section 6a of this report, the Storefront block frontage requires a minimum 12-foot-wide sidewalk between the curb edge and the proposed storefront. The site plan application proposes that the sidewalk on N 7th Avenue will be approximately 13 feet in width in front of the development, and the sidewalk on W Mendenhall Street will be approximately 12 feet in width in front of the development, in compliance with the block frontage standards. Additionally, the Storefront block frontage standards require a minimum 60% façade transparency. The proposed development is providing a minimum of 60.65% façade transparency along W Mendenhall Street and a minimum 84.16% façade transparency along N 7th Avenue. Weather protection is also proposed along both N 7th Avenue and W Mendenhall, approximately 5-feet wide, in conformance with the block frontage standards. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes, with departure request Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: As discussed in Section 6a of this report, the Storefront block frontage requires a minimum 12-foot-wide sidewalk between the curb edge and the proposed storefront. The site plan application proposes that the sidewalk on N 7th Avenue will be approximately 13 feet in width in front of the development, and the sidewalk on W Mendenhall Street will be approximately 12 feet in width in front of the development, in compliance with the block frontage standards. The proposed development does not include any ground-floor residential units. The 2nd through 7th floor residential units will access the building from the separate residential entry along N 7th Avenue or the residential lobby access along W Mendenhall Street. The applicant has requested a departure from BMC 38.520.030.C, requiring dwelling units whose only solar access (windows) is from the side of the building to be set back from a side or rear property line at least 15 feet. The proposed units along the eastern interior side property line have been set back from the side property line per this requirement. The applicant is requesting a departure from this section for the units whose only solar access is from the rear property line adjacent to the alley. The Bozeman Municipal Code permits departures from this section where it’s determined that the proposed design won’t create a compatibility problem in the near or long term. The existing alley has been dedicated to the City and is approximately 20 feet in width. The zoning requires a minimum 5-foot setback adjacent to the alley, providing a total of 25 feet in overall width from the adjacent property to the north. This area is sufficient to minimize any compatibility problems for the dwelling units along the alley in the near and long term. The required departure fee has been included as code provision #7. Additionally, no balconies are permitted along the alley property line due to the required setback. Residential units with proposed balconies are located along all other building frontages and meet the requirements of BMC 38.520.030.B. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D N/A Comments: Requirements of BMC 38.520, such as the design of vehicular circulation systems, have been met. The internal roadway design is not applicable as there are no proposed internal roadways. Pedestrian pathways are provided connecting the residences and parking areas. Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 19 of 24 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 N/A Yes Parking requirements residential 38.540.050.A.6 0 required per Midtown Urban Renewal District Reductions residential 38.540.050.A.6.c N/A Parking requirements nonresidential 38.540.050.A.6 N/A Reductions nonresidential 38.540.050.A.6.c N/A On-site open space 38.520.060 Total required 9,100 sf Yes Total provided 10,513 sf Yes Comments: Multi-household developments must provide a minimum usable open space equal to 100 square feet per dwelling unit for studio and one-bedroom units, and 150 square feet per dwelling unit for two or more-bedroom units. Based on the number and type of proposed units in the submitted application, the proposed development must provide a minimum of 9,100 square feet of on-site open space. For multi-household developments, 100% of the required open space may be in the form of shared open space available to all residents, such as roof decks and courtyards. Up to 50% of the required open space may be in the form of private balconies or common indoor recreation areas. The development proposes a mixture of private balconies and a shared rooftop deck to meet the requirements. The shared open space on the rooftop deck, approximately 7,230 square feet, will include an outdoor kitchen, grills, seating, and landscaped planters. The proposed private balconies include a total of 63 balconies spread out between the 3rd floor and the 7th floor, for a total of 6,566 square feet. However, as only 50% of the required open space may be from private balconies, the maximum amount that can count towards the open space is 3,283 square feet. The overall combined on-site open space provided by the development is 10,513 square feet, which exceeds the minimum open space requirements. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The proposed building identifies areas of roof-mounted mechanical equipment on the submitted roof plan, and documents the required screening of BMC 38.520.070.E on both the roof plan and the submitted elevations. Electrical utility meters are proposed within the building in a proposed electrical room on the ground level. Solid waste will be collected in a shared trash enclosure located in the center of the building on the ground level, then moved to a temporary location adjacent to the alley for off-site removal. Screening of the trash enclosure is not required since it is located adjacent to the existing alley. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The proposed building is generally compliant with the building design standards of this section, including articulation and proposed materials. The placement of windows, use of structural expression, change in building materials, and articulation of colors are used for compliance with the storefront façade articulation standards. Primary building materials include metal siding in multiple colors, stone veneer, stucco, and concrete masonry. The proposed building is approximately 134 feet long and therefore is less than the maximum façade width under BMC 38.530.040.E. The proposed building includes areas meeting the definition of a blank wall in BMC 38.530.070.B along the eastern property line which is proposed to be built at the zero-lot line, limiting the options for mitigation, as no windows or doors are permitted due to fire and building codes. The applicant is proposing a mixture of building materials along this side of the proposed building, including stone veneer adjacent to the W Mendenhall sidewalk to provide visual interest at the pedestrian scale. Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 20 of 24 Provided off-street 75 spaces Provided on-street N/A Bicycle parking 38.540.050.A.4 82 required; 96 provided Yes, with code provision Comments: The subject property is located within the Midtown Urban Renewal District in the B-2M zoning district. BMC 38.540.050.A.6.d states that the minimum parking requirements do not apply within the Midtown Urban Renewal District. However, all other requirements of this section, including bicycle parking and standards where parking is provided, are applicable. The applicant is proposing to provide 75 parking spaces on-site within the interior parking garage. A total of 82 bicycle parking spaces are required for the residential units and commercial spaces according to the standards in BMC 38.540.050.A.6. The applicant is proposing a total of 92 bicycle spaces located within the proposed building, with approximately 24 spaces located on the ground level adjacent to the parking garage access off W Mendenhall, and the remaining spaces located on the lower level parking garage. Additional bicycle racks will be provided adjacent to the W Mendenhall Street and N 7th Avenue sidewalks to support public use. On the submitted site plan, the two bike racks along W Mendenhall Street are acceptably placed. However, the two bike racks along N 7th Avenue are too close to the curb and bicycles parked in the orientation suggested would be too close to the adjacent street. Code provision # 8 requires the applicant to obtain written authorization granted by the City Engineer for a perpetual encroachment easement for the bicycle racks within the public street right-of-way and reorient the bike racks proposed on N 7th Avenue to a north-south orientation prior to final site plan approval. The proposed bicycle racks adjacent to the sidewalks would be constructed to City standards, and the interior bicycle racks would include a hanging bike system. All proposed bicycle parking areas meet the length and width dimensions for each stall and utilize the adjacent sidewalks to meet circulation requirements. The proposed vehicle parking and bicycle parking spaces to serve this site are in conformance with the standards of Sec. 38.540 with the applicable code provision. Loading and unloading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: The proposed development has no proposed off-street loading berths. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Parking lot landscaping N/A Additional screening N/A Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas N/A Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: The subject property is zoned B-2M, Community Business District-Mixed, and is considered a commercial zoning district. The surrounding adjacent properties are also zoned B-2M and include commercial uses. The site is proposed to be fully covered by either building or impervious area, leaving very little space for any additional landscaping. Parking lot landscaping is not required as all proposed parking spaces will be located within the building. The subject property is located adjacent to street frontage along both N 7th Avenue and W Mendenhall, requiring street frontage landscaping. The applicant is proposing two Amur Chokecherry trees along the N 7th Avenue frontage and two Imperial Honey Locust trees plus one Common Hackberry tree along the W Mendenhall frontage to meet the requirements. Proposed tree species and locations along the street frontages have been reviewed by the City’s Forestry Department. Additional landscaped areas are proposed on the rooftop deck in conjunction with the shared open space. The submitted landscaping plan was reviewed by the Water Conservation Division for conformance with the Bozeman Landscape and Irrigation Performance and Design Manual. The provided landscaping plans conform to the required landscaping standards. Landscaping of public lands 38.550.070 Yes Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 21 of 24 Comments: Street trees will be provided along all adjacent street rights-of-way compliant with BMC 38.550.070. Maintenance of landscaping installed within the boulevard portion of the right-of-way is the responsibility of the adjacent property owner. N 7th Avenue is a Montana Department of Transportation controlled National Highway System Route. MDT may require a review process which could impact the proposed development layout. In the event MDT requires changes, a modification to the site plan may be required. Additionally, all work within the MDT right-of-way must meet MDT standards and specifications. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: No signage is approved with this application. Sign permits must first be obtained prior to the installation of any proposed signs per code provision #9. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Site lighting is proposed at all building entrances and adjacent to the building. All lighting conforms to cutoff and intensity standards. Footcandles do not exceed maximums at the property lines for public street adjacency, and the proposed illuminance for each building entrance averages 5.0 maintained footcandles. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this development. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted, meeting the requirements of this section and detailed on page 1 of this report. One public comment was received during the public notice period, raising concerns regarding the overall building height, the limited amount of provided parking spaces, and the potential traffic within the adjacent alley. As described in previous sections of this report, the underlying B-2M zoning permits up to 5 stories, and the affordable housing plan allows an additional 2 stories as an incentive for affordable housing units. Therefore, the proposed overall building height is compliant with the Bozeman Municipal Code. The site is located within the Midtown Urban Renewal District in the B-2M zoning district which states that the minimum parking requirements do not apply, per BMC 38.540.050.A.6.d. The applicant is proposing to provide the on-site parking spaces voluntarily; however, the City cannot require the full amount of parking spaces as if the site were outside of the urban renewal district. Finally, the applicant is only required to pave or upgrade the alley adjacent to their proposed site. No additional off-site infrastructure improvements are required as part of this site plan. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Yes, with code provision Required easements N/A Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 22 of 24 Comments: The subject property contains multiple underlying lots of record and must be aggregated for the proposed building to be constructed. A separate application for a subdivision exemption is required to aggregate the lots. Without the approved subdivision exemption, the proposed structure would not comply with the B-2M zoning setbacks, as interior lot lines would run through the middle of the building. Code provision #1 requires the subdivision exemption to be approved and recorded with the Gallatin County Clerk and Recorder's Office prior to final site plan approval in order to demonstrate compliance. Additionally, no building permits may be issued by the City until the lot lines are relocated in compliance with all zoning regulations. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and the Water/Sewer Division. Any required easements have been included as application conditions or code provisions. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes NCOD Design Guidelines Yes Secretary of Interior Standards N/A Comments: The proposed project is located within the NCOD but is not within a historic district. The NCOD’s intent is to support preservation but also accommodate growth and development in a way that supports both zone district standards and neighborhood character. The NCOD was created in 1991 to recognize the historic core of the Bozeman community that makes up most of Bozeman’s designated historic districts and many individual National Register landmarks. This boundary was chosen based on the 1954 census of Bozeman city limits in which a comprehensive architectural inventory of more than 3,000 properties were surveyed. This project falls under Chapter 2, Design Guidelines for all Properties and Chapter 4, Guidelines for the Commercial Character Areas in the NCOD Design Guidelines. The proposed project conforms to the design guidelines within Chapter 2 through compliance with the underlying B-2M zoning district and overall Bozeman Municipal Code. The proposed project is found to conform to the following guidelines within Chapter 4: - A. Mass and Scale – Policy: Patterns are created along the street by the repetition of similarly-sized building elements. For example, uniform facade widths evenly spaced along Main Street create a rhythm that contributes to the visual continuity of the district. At a smaller size, the repetition of upper-story windows across most building fronts also creates a unifying effect. These features and similar patterns are some of the most important characteristics of the commercial character areas and should be respected in all new construction.  The project complies with the general mass and size of the underlying B-2M zoning district, particularly from the streetscape perspective. The proposed new building includes an affordable housing plan requesting the incentive for 2 additional stories of height from the base zoning. This permits the overall building height to a total of 7 stories. While there is additional mass and scale applied to the building from these additional stories, the overall scale of the building compared to other commercial buildings in the vicinity along the N 7th Avenue corridor is maintained. - B. Building and Roof Form – Policy: One of the most prominent unifying elements of the commercial area is the similarity in building form. Commercial buildings were simple rectangular solids, deeper than they were wide. This characteristic is important and should be continued in new projects.  The surrounding structures are generally mixed-use commercial and residential structures with flat roofs or upper-story rooftop deck areas. The proposed building maintains this same roof form and generally conforms to the surrounding area. - C. Building Setbacks – Policy: Buildings create a strong edge to the street because they traditionally aligned on the front lot line and were usually built out the full width of the parcel to the side lot lines. Although small gaps do occur between some structures, they are the exception. These characteristics are vitally important to the Main Street Historic District and in areas abutting the district where a street wall is a prominent feature.  The proposed building will be located at the front property line, back of sidewalk, in compliance with the Storefront block frontage standards. Compliance with the Storefront block frontage standards creates a strong edge along the front property line and a pedestrian-engaged environment. Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 23 of 24 - D. Horizontal Alignment – Policy: A strong alignment of horizontal elements exists along the street. Alignment is seen at the first floor level with moldings that are found at the top of display windows; at upper floor levels, alignment is found among cornices, window sills and headers. This alignment of horizontal features on building facades is one of the strongest characteristics of the street and should be preserved. It is important to note, however, that slight variations do occur, which add visual interest. Major deviations from these relationships, however, disrupt the visual continuity of the street and are to be avoided.  The proposed building is designed with slight variations of alignment between the horizontal façade elements in order to meet the step-back requirements of the underlying zoning district. As identified in the submitted elevation plan, the first two floors will form a horizontal façade matching the street level perspective. Floors 4 and 5 are stepped back slightly, accommodating proposed private balconies, and floors 6 and 7 are stepped back further to comply with the overall height requirements of the B-2M zoning district. - E. New Storefront Character – Policy: The street level floors of historic Bozeman commercial buildings are clearly distinguishable from the upper floors. First floors are predominantly fixed plate glass with a small percentage of opaque materials with recessed entries. Upper floors are the reverse—opaque materials dominate, and windows appear as smaller openings puncturing the solid walls. These windows are usually double-hung. The street level is generally taller than the upper floors. Storefronts of 12 to 14 feet high are typical, whereas second floors of 10 to 12 feet are typical. This typical storefront character should be maintained.  The proposed building will comply with the Storefront block frontage standards and include commercial space on the ground floor. The Storefront block frontage requires a ground floor story height of 15-feet and a non-residential space depth of 20-feet minimum. Additionally, façade transparency requirements apply to both the N 7th Avenue and W Mendenhall Street facades. The proposed development is providing a minimum of 60.65% façade transparency along W Mendenhall Street and a minimum 84.16% façade transparency along N 7th Avenue. - F. Parking Facilities – Policy: New parking facilities should be designed to be attractive, compatible additions to the streetscape. Using high quality materials, providing a sense of scale in architectural details, and providing active uses at the sidewalk edge are methods that can mitigate the potentially negative impacts of new parking facilities. In general, a new parking facility should remain subordinate to the street scene. Parking structures should be designed to enhance the activity of the streetscape. At a minimum, a parking structure should help to animate the street and be compatible with the surroundings. The visual impact of the cars themselves should be minimized.  The proposed on-site parking will be located within the building in a lower-level parking area, and on the eastern half of the proposed ground story and 2nd story. The parking is designed to provide the minimum amount of impact to the adjacent streetscapes and is located as far from the street intersections as possible. - G. Site Furniture – Policy: Site furnishings, including bicycle racks, waste receptacles and light standards, are features of contemporary life in Bozeman. Few of these elements appeared historically in the community and it is important that the character of these elements not impede one’s ability to interpret the historic character of the area.  Bicycle parking facilities are proposed and are distinctly modern. The proposed bike parking would not impede a historic interpretation of the site. - H. Awnings and Canopies – Policy: Traditionally, awnings and canopies were noteworthy features of buildings in the downtown core and their continued use is encouraged.  The Storefront block frontage standards require a minimum 60% of the building façade to include weather protection. Weather protection is proposed along both N 7th Avenue and W Mendenhall, approximately 5-feet wide, in conformance with the block frontage standards. Staff Report The Northern SP, CCOA, & DEMO Application No. 25234 January 29, 2026 Page 24 of 24 This project adheres to section 38.340.040 and complies with application requirements. The Development Review Committee and administrative design review staff reviewed the project and found the application complies with the certificate of appropriateness standards. Architectural appearance 38.340.050 Yes Comments: The project adheres to Section 38.340.050, Standards for Certificate of Appropriateness. Section 38.340.050.A does not apply because the Secretary of the Interior’s Standards does not speak to new construction and because the property is not located within a historic district nor is the structure on the National Register. Nor does subsection B apply since those guidelines are used to consider compatibility with proposed alterations of the original design features. Section 38.340.050.D states that the review authority must be guided by the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. The guidelines were created to provide guidance on how to apply design review to different properties. Those structures that have National Register historic significance or are located within a National Historic District have stricter guidelines. A property that isn’t individually listed or is outside of a Nationally Registered Historic District is subject to more general guidelines. The proposed project is located within the Neighborhood Conservation Overlay District (NCOD) but is not within a historic district. BMC section 38.340.050.E requires that developments within the NCOD also must conform to other applicable development standards in Chapter 38. As noted above in the staff report, this application conforms to the development standards. Staff finds that the proposed project meets the standards outlined in 38.340.050 and the NCOD Design Guidelines. Review of demolition of non-historic structures or sites 38.340.100 Yes Non-Historic Structure per 38.700.090 Comments: The proposed project includes demolition of a structure, which is not considered an eligible structure. The applicable criteria for review are the COA criteria found in BMC 38.340.050. As provided in the above section, staff finds the proposed project meets the standards outlined in this section and the NCOD Design Guidelines. Additionally, BMC 38.340.100.C.2 states demolition is only permitted with subsequent development, including construction of new building(s). The proposed demolition request is in conjunction with a requested Site Plan application proposing the construction of a new building on the subject property in compliance with the Bozeman Municipal Code. Public Notice Yes Comment: A public notice period was conducted, meeting the requirements of this section and detailed on page 1 of this report. One public comment was received during the public notice period but did not raise concerns regarding the NCOD or the requested Demolition or Commercial Certificate of Appropriateness.