HomeMy WebLinkAbout10-25-26 Public Comment - A. Sweeney - Findings supporting zoning authorityFrom:Alison Sweeney
To:Bozeman Public Comment
Cc:Jennifer Madgic; Douglas Fischer; Joey Morrison; Emma Bode
Subject:Findings supporting zoning authority
Date:Sunday, October 25, 2026 2:47:39 PM
Attachments:Zoning authority.pdf
Fellow City Commissioners and the public,
I am submitting this attached document ahead of our October 27thmeeting in order to enter findings into the public record that will allow
us to regulate mass, scale, setbacks, stepbacks, facade treatments,
landscape requirements or any other zone edge transition measurenecessary to mitigate the impacts of higher density redevelopment onestablished lower density adjacent districts.
Summary, first and last paragraph:
Page 7 of the staff memo says, “Before adopting any of the alternatives
the Commission would need to identify the governmental purpose for the
revision and how the revision reasonably advanced that purpose.”
Recognizing that the commission is made up of 5 individuals with different
perspectives, regardless of whether or not I personally agree with the
directions we give to staff as part of this work session, those decisions are
supported by these above listed findings.
Thank you,
Alison Sweeney
Bozeman City Commission
Alison Sweeney
Bozeman City Commission
October 25, 2026
Findings for October 27th Commission work session on zone edge transitions and
Unified Development Code standards.
Setbacks and Stepbacks in B3.
Page 7 of the staff memo says, “Before adopting any of the alternatives the Commission
would need to identify the governmental purpose for the revision and how the revision
reasonably advanced that purpose.”
My reasoning is supported by the following FINDINGS:
MLUPA 76.25.301:
(2) Local zoning regulations authorized in subsection (1) include but are not limited to
ordinances prescribing the:
(a) uses of land;
(b) density of uses;
(c) types of uses;
(d) size, character, number, form, and mass of structures; and
(e) development standards mitigating the impacts of development, as identified
and analyzed during the land use planning process and review and adoption of
zoning regulations pursuant to this chapter.
Growth Policy, aka 2025 Community Plan, aka Land Use Plan:
Pg. 55, description of Traditional Core Land Use designation states, “Future
development should be intense while providing areas of transition to adjacent
neighborhoods and preserving the character of the Main Street Historic District through
context-sensitive development.”
Pg. 50 states, “Continuing Bozeman’s character as a unique place rather than
“Anywhere, USA” is important.” This allows us to refer to other cities' regulations, but
ultimately set our own course according to our communities desire.
Pg. 54, description of Community Commercial Mixed Use land use designation states,
“Building height or other methods of transition may be required for compatibility with
adjacent development.”
Pg. 70, The plan addresses WHAT IS NEEDED TO JUSTIFY A CHANGE IN A ZONING
DISTRICT MAP OR TEXT? “Zoning also addresses the balance of interests between
adjacent properties by defining districts where uses will not conflict and providing for
transitions and buffers between zoning districts where the City determines it is
necessary to control impacts and prevent the use of one person’s property right from
inappropriately impacting another.”
DCD-2.9 “Evaluate increasing the number of stories allowed in centers of employment
and activity while also directing height transitions down to adjacent neighborhoods.” We
have increased the number of stories allowed in several zoning districts including B3,
now we can and should address transitions.
R-1.1 “Be reflective: use past experience to inform future decisions.” We know past
transitions need work, we also know that tall buildings with no setbacks or stepbacks
are causing significant conflict across the community. We should address both issues.
R-1.7 “Be flexible: willingness and ability to adopt alternative strategies in response to
changing circumstances.” We’ve heard considerable concerns from residents living
across the city about materiality, mass, scale, wind tunnels, shadowing etc caused by
the recent redevelopment boom occurring in our downtown. While an unmitigated high
density wall around the downtown historic district may have seemed like a good idea on
paper, and when considering tax revenue, the consternation in the community from
projects actually implementing this, mean we should adapt our strategy for
redevelopment.
Strategic Plan:
4.2 High Quality Urban Approach, the one cited on nearly every staff memo that is
sufficiently vague to allow for all manner of interpretation, “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.”
Downtown Bozeman Improvement Plan:
Pg. 76 makes a great case for setbacks used to activate space and engage
pedestrians, “New private development should help to build in small scale spaces that
connect indoor to outdoor.” like the Baxter patio.
Pg. 112, “Design guidelines can be a helpful guidepost related to site, mass, form,
materials, and quality. In some peripheral areas, they contribute to creating the right
transition between urban core and residential architectural styles.”
Pg. 115, “For buildings with seven stories, urban design guidelines could be put in place
to shape and break down the massing while still enabling the density needed for a
vibrant, inclusive Downtown. For example, the floor plates on levels five through seven
can be designed to step back from the building edge to break down the form.” We’ve
allowed 7 full stories, now it’s time to break up the massing.
Pg. 116, “Downtown is in the unique position of needing to both continue to promote
redevelopment and to ensure that there is a careful balance between adjacent
residential scale neighborhoods and new Downtown projects.”
—----------------------------------------------------------------------------------------------------------------
Recognizing that the commission is made up of 5 individuals with different perspectives,
regardless of whether or not I personally agree with the directions we give to staff as
part of this work session, those decisions are supported by these above listed findings.
-Alison Sweeney