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15-579, Staff Report for the Downtown East Main Zone Map Amendment
Public Hearing Dates: Zoning Commission public hearings March 1 and 22, 2016
City Commission public hearing April 4, 2016
Project Description: Downtown East Main ZMA requesting amendment of the City Zoning
Map for 25.82 acres from B-2 (Community Business) district and R-4 (High Density
Residential) district to B-3 (Central Business) district and PLI (Public Lands and
Institutions) district.
Project Location: Between Broadway Avenue and S. Wallace Avenue and from E.
Mendenhall Street to E. Story Street. Specific addresses are: 608-777 East Main
Street, 24 North Wallace Avenue, and 710-714 East Mendenhall Street.
Recommendation: Approval with contingencies.
Recommended Zoning 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 15-579 and move to approve
the Downtown East Main Zone Map Amendment, with contingencies required to
complete the application processing.
Report Date: March 24, 2016
Staff Contact: Chris Saunders, Policy and Planning Manager
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
The application complies with the required criteria and procedural requirements. Not all
owners of land within the area to be rezoned have indicated support of the application. Only
51 percent of lot owners or lot areas are required to be in support to begin the application.
Project Summary
The application requests the rezoning of 25.82 acres. The present zoning designations are not
consistent with the future land use map of the Bozeman Community Plan (BCP). Table C-16
of the BCP identifies specific zoning districts that apply to each future land use designation.
See Appendix C for further information.
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The area is a mix of commercial, institutional, and agricultural-industrial uses that have
developed over the years. A large portion of the area is designated on the zoning map for
residential use but has been developed for institutional use.
Article 38.37 establishes procedures and policies for amending the zoning map. Paragraph
38.37.010.D states in part, “Whenever an owner of any land within the city desires a
reclassification on property that they do not own, such as a request to establish a different
zoning classification for a block or other group of properties, they may file with the planning
department on forms provided by the city for this purpose an application duly signed by the
owners of no less than 51 percent of either the area of lots or number of lots of the affected
property requesting an amendment for such property.”
The required percentage of landowners has signed the application to request the change to the
area as a whole. The application includes a list of owners and land percentages that support
the request.
In response to public comment, the scope of the application was increased to include
additional City owned property to the southwest. That property is developed as a park. Notice
by mail was provided to those who are owners of property within 200 feet of the expanded
area. The Zoning Commission held a second public hearing on March 22, 2016 so that the
required notice in advance of a public hearing was met. This change did not affect the City
Commission hearing date.
See Appendix B for a summary of public comments.
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
Zoning Commission
The Zoning Commission held two public hearings on March 1st and 22nd. All public
testimony received is described in Appendix B. At the March 22nd public hearing the Zoning
Commission recommended approval of the zone map amendment. The video of the first
public hearing is available at
http://media.avcaptureall.com/session.html?sessionid=e7c3ca7c-6dc3-456e-8325-
4088e23c1884. The second public hearing does not have a video recording. The written
minutes are attached.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
Zoning Commission ............................................................................................................ 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 4 - ZONE MAP AMENDMENT - STAFF ANALYSIS AND FINDINGS ........ 10
Section 76-2-304, MCA (Zoning) Criteria ....................................................................... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 14
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 15
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 16
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 16
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 22
FISCAL EFFECTS ................................................................................................................. 23
ATTACHMENTS ................................................................................................................... 23
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SECTION 1 - MAP SERIES
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Revised application map
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Extent of the original application; compare to the first map in the series
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Photos of the area to be rezoned
N. Wallace and E. Mendenhall looking east
E. Mendenhall and Broadway looking west
Broadway and E. Main looking west
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N. Wallace and E. Main looking south
Curtiss Street and S. Wallace looking east
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Downtown East Main Zone Map Amendment.”
2. That the applicant submit a zone amendment map, titled “Downtown East Main Zone Map Amendment,” on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Works, which will
be utilized in the preparation of the Ordinance to officially amend the City of Bozeman
Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of
the subject property including adjacent right-of-ways, and total acreage of the property. Materials shall be returned to the City within 60 days of Commission action on the zone map
amendment.
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3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
a map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Development Review Committee (DRC) considered the amendment on January 20 and
27, 2016. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
The Zoning Commission held public hearings on this ZMA on March 1 and 22, 2016 and
forward a favorable recommendation to the Commission on the Zone Map Amendment.
The City Commission will hold a public hearing on the Zone Map Amendment on April 4,
2016. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6 p.m.
SECTION 4 - ZONE MAP AMENDMENT - STAFF ANALYSIS AND
FINDINGS
In considering applications for zone map amendment approval under this title, the advisory
boards and City Commission shall consider the criteria listed below (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.
In considering the criteria listed below the analysis must show that the amendment
accomplishes criteria A-D or is neutral. Criteria E-K must be considered and may be found to
be affirmative, neutral, or negative. A favorable decision on the proposed application must
find that the application meets or is neutral on all of criteria A-D and that the positive
outcomes of the amendment outweigh negative outcomes for criteria E-K.
There are two changes requested with this amendment. When the same analysis applies to
both changes a single statement is presented under the criteria. If there are differences, then
each change is analyzed independently.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed change eliminates several conflicts between the land use designations
shown on Figure 3-1 of the Growth Policy and the zoning map. The area proposed for B-3
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zoning is designated for Community Core. Per Table C-16 (see Appendix A), B-3 is the
proper implementing district. The area proposed for PLI is designated as Residential and
Parks, Open Space and Recreational Lands, and Public Institutions. PLI is an implementing
district for all of those designations.
This change advances multiple elements of the Growth Policy:
“Objective LU-1.1: The land use map and attendant policies shall be the official guide for
the development of the City and shall be implemented through zoning regulations, capital
improvements, subdivision regulations, coordination with other governmental entities,
and other implementation strategies.”
“Objective LU-3.2: Encourage the use and redevelopment of underutilized and
brownfield sites to provide employment and housing which will help to maintain the
vibrancy and vitality of the Historic Core area.”
No conflicts with the Growth Policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The changes in zoning districts will not alter development standards adopted to address
this criterion. Emergency services are presently available to the area. Any future
redevelopment of the area will be subject to application of those standards.
C. Promote public health, public safety, and general welfare.
Yes. Correlation of the growth policy and zoning map advances the general welfare by
supporting the completion of the community’s goals. Public health and safety will be
neutrally affected, as the change will not alter planned or existing emergency services.
There are portions of the rezoning area south of Main Street which are subject to restrictions
due to asbestos contamination. The City undertook a cleanup of the previous CMC yard, now
the Library site, including portions of S. Wallace Avenue and adjacent properties. Any future
disturbance of the area will be required to address possible asbestos contamination. These
restrictions will apply regardless of the zoning applied to the area.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Section 38.07.010.C states “Placement of any given zoning district on an area depicted
on the zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of approval
for any given use prior to the completion of the appropriate review procedure and compliance
with all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
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Most municipal infrastructure is already present. Streets, water, and sewer have been
installed. Park dedication is not required for commercial or institutional uses. There are some
present restrictions on sewer capacity to this area. A portion of the Front Street sewer
interceptor provides sewer service to the area to be rezoned. There is a constriction in the
Front Street sewer interceptor as identified in the City of Bozeman Wastewater Collection
Facilities Plan Update (June, 2015). The City’s five-year capital improvement plan (CIP)
includes a capacity upgrade of the Front Street sewer interceptor. Any increases in sewer
flows from the area, for example due to increased density associated with redevelopment,
will require an upgrade of the impacted portion of the downstream Front Street sewer
interceptor prior to development. However, existing sewage flows from the area have
reserved capacity in the sewer system. No action to address this item is required for the
proposed zone map amendment. This item will be addressed upon submittal of future
development applications per Bozeman Municipal Code (BMC) 38.23.070.
Future review of redevelopment will provide site specific evaluations of infrastructure needs.
If necessary, additional improvements will be provided to resolve deficiencies. Examples of
such requirements are water rights and park dedication for residential development. These
can be addressed during site development review. The review procedures and standards
adopted by the City ensure this criterion is met.
E. Reasonable provision of adequate light and air.
Yes. Much of the area to be zoned PLI is presently developed as a park or open space area.
The change from R-4 or B-2 will not alter the use. The park and open space provide for
adequate light and air.
The change from B-2 to B-3 will increase the allowed density and intensity of use. There are
two tall grain elevators already located in the area to be zoned as B-3, which establish a
pattern of large buildings. There are specific standards limiting height, and requiring
provision of park and open space with residential development that apply in all districts.
These standards will ensure reasonable provision of adequate light and air.
F. Effect on motorized and non-motorized transportation systems.
Neutral. There is a well developed non-motorized transportation system in the area. The
Gallagator trail connects to the various sidewalks and trails through Burke Park and Lindley
Park. There are some portions of sidewalk missing along Mendenhall Street. This will be
installed with redevelopment of adjacent property.
Public streets are adjacent to or within the area to be rezoned. The street sizes correspond
with their functional classification. The motorized transportation network has recently been
upgraded with installation of a traffic signal at Broadway and Main. Travel capacity does not
appear materially limited at this time.
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Much of the area to be zoned PLI is developed as park or open space. A large area provides
parking for the Library. The change to PLI is unlikely to have any effect on this criterion.
Any future development in the PLI zone will need to address additional parking
requirements. The existing PLI uses are provided with adequate surface parking.
The change from B-2 to B-3 will alter the applicable parking requirements. The B-3 district
allows several parking reductions which enable a greater intensity of development. See
Section 38.25.040 for details. The municipal parking manager has indicated concern about
the potential for overcrowding and unmet parking demand. There is a limited ability to
construct additional surface or on-street parking within the area. The privately held property
is already developed in whole or part. The Downtown parking district currently ends at
Church Street and therefore does not include the project area. In the absence of a parking
district or other parking management tool there is a potential for inadequate parking
availability. Alternatives to address this issue include expansion of the Downtown parking
district, construction of structured parking on-site or off-site, or increased off-site parking
availability.
G. Promotion of compatible urban growth.
Yes. The Growth Policy supports the development of infill and redevelopment of
underutilized properties. The change from B-2 to B-3 will enable additional development in
the area. The B-3 district is already applied along portions of both S. Wallace Avenue and
Main Street. The expansion is immediately adjacent to these areas. The uses allowed in the
B-3 district are very similar to the B-2 district. The change in zoning will facilitate
redevelopment of the two grain elevators and similar sites.
H. Character of the district.
Yes. The uses allowed in the PLI and B-3 districts match those in place on the majority of
the property to be rezoned. The PLI district matches completely with the character of the area
being rezoned as PLI with existing development as park and public library uses.
Office, retail, and restaurant are some of the existing uses previously approved in the B-2
zone which carry over to the B-3 district. See Appendix C for a comparison of uses in the B-
2 and B-3 districts. The existing B-2 area is a mix of building types and sizes. Most of the
buildings are greater than a single story in height. Many buildings such as the 777 building
and Nash-Finch building are set in close proximity to the public right of way and have a
“downtown” feel to their location and design. The B-3 district encourages such placement
and construction of multi-story buildings. The B-3 district maximum height is 70 feet, which
more closely matches the grain elevators than does the maximum height of 44 feet in the B-2
district.
Some uses, such as the grain elevators and construction material warehouse, are already non-
conforming uses in the B-2 district. All non-conforming uses are subject to Article 38.32.
Under that article such uses may continue in the size and manner they exist until the
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landowner discontinues them. A change from B-2 to B-3 will not materially affect the non-
conforming uses. The change in development standards, such as reduced setbacks and
parking, will make eventual redevelopment of the non-conforming sites easier.
The current boundary between the B-2 and B-3 districts along Main Street is Wallace
Avenue. There is no geographic or other physical distinction at this boundary. If the
transition between zones is moved to Broadway, the transition will occur where there is a
change in topography, a substantial hill, and a change in use with Lindley Park, along the
street.
I. Peculiar suitability for particular uses.
Yes. The PLI district represents the best fit for the existing uses developed on the City
owned portions of the area to be rezoned. The library and park are explicit public uses in
public ownership.
Neutral. The uses between the B-2 and B-3 districts are very similar when outside of the B-3
designated core area. The general topography and infrastructure does not favor one district
over another. The primary difference in the two zoning districts is the development
standards. See Appendix C for a list of the allowed uses in both districts. Article 38.10
establishes both districts.
J. Conserving the value of buildings.
Yes. The changes lessen the required setbacks and increase allowed heights. This removes
several non-conforming circumstances. As noted above, the allowed uses remain very
similar. Therefore, the value of existing buildings is not injured by the proposed changes to
PLI and B-3.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The areas proposed to change to B-3 are uniquely positioned to allow increased density
of development. The immediate access to significant infrastructure, established development
pattern, and Growth Policy support for additional infill supports the change in zoning. The
scope of the proposed change is very small in comparison to the jurisdictional area as a
whole.
Neutral. The change to PLI simply recognizes existing uses and corrects inconsistencies
between the growth policy (Figure 3-1, Future Land Use Map) and the zoning map. The
change will not alter the use of land.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25 PERCENT OR MORE OF THE AREA OF THE LOTS WITHIN THE
AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT
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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.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The proposed zone map amendment initially encompassed 21.53 acres. The project was later
expanded to include an additional 4.29 acres. There are 10 owners. The expansion did not change
the number of land owners. The existing zoning districts on the project site do not correspond to
the majority of the underlying future land use designation in the adopted Growth Policy. The
proposal is to correct this inconsistency. The change will also enable additional development on
the privately owned portions of the property.
The site is located at the eastern end of the downtown area. It reaches from Mendenhall Street to
Story Street and from Church Avenue to Broadway. The property is included within the
Downtown Tax Increment District. However, the area is not presently designated for downtown
development standards. For decades, a portion of the site was used for a railroad depot. During
that time it was contaminated with asbestos. The City, as part of the development of the Library,
undertook substantial cleanup of the area. A remediation plan and institutional controls remain in
place.
The area is zoned for industrial uses on all zoning maps between 1941 and 1970. When the
railroad stopped operations at the site the area was rezoned from industrial to a mix of B-2 and
R-4. Rail service continues to the AG Mill on Mendenhall Street. The change in zoning first
appears on the 1974 zoning map. The 1974 map introduced the current district naming and
numbering conventions. The B-3 boundary on the same 1974 zoning map shows the B-3 district
along Main Street ending at Wallace Avenue.
The Bozeman Community Plan, adopted in 2009, amended the future land use designations in
the majority of the project area to Community Core and Public Institutions. That future land use
map remains in force. In 2012-2013, several parcels along South Wallace Avenue were rezoned
to B-3. Large areas of the project site are zoned for residential uses even though they are
developed as public institutions or parks. The proposal will change the publicly owned land to
PLI, which will match the use of the property as a public library or public park.
The area included in the project revision of February 16, 2016 is planned for Residential. The
additional property is zoned as R-4, owned by the Library, and is used as a park. The revised
project increased in area by 4.29 acres to a total of 25.82 acres.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US 1st Class mail on Thursday, February 11, 2016 to all owners of
property located inside the proposed change and within 200 feet of the perimeter of the
change. On Thursday, February 18, 2016 additional notice was mailed to owners within 200
feet of the expanded project area. The project site was posted on Friday, February 12, 2016
and February 19, 2016. Notice was published in the Legal Ads section of the Bozeman Daily
Chronicle on February 14th, 21st, 28th, and March 13, 2016.
A verbal public comment was received on February 16, 2016 regarding the southern
boundary of the proposed change in zoning. In response to that comment the applicant
revised the application to expand the project to include additional City-owned property.
One written public comment in opposition to the change was received on March 1st. At the
Zoning Commission hearing on March 1st, one person spoke in opposition to the change. One
person spoke in favor of the change. See the attached printed comments and zoning
commission minutes.
The person who spoke in favor requested that the area of the amendment be expanded. He
suggested including the right of way for Story Street lying east of S. Church Avenue and a
small triangular parcel south of the right of way. The right of way includes approximately .63
acres. The small triangular parcel includes approximately 0.05 acres. The property is owned
by the City of Bozeman and used for park purposes. The amendment would not be in conflict
with the use of the property. The additional area expands the zoning map amendment such
that additional persons must be given notice of the amendment. Staff does not consider the
benefits of zoning the additional area adequate to delay completion of the rest of the project.
The Zoning Commission requested that the staff respond to concerns regarding non-
conforming uses affected by the zoning change. The City has previously provided written
statements to the landowner regarding this issue. Copies of those statements are attached. A
copy of the text of Article 38.32, Nonconforming Situations is also attached. The standard as
described in all three writings is the same. Nonconforming uses may continue to operate in
the manner they exist until the owner chooses to terminate the use.
No written or spoken comments were received after the March 1st Zoning Commission public
hearing.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designations
The property has four designations in the Bozeman Community Plan:
“Community Core - The traditional core of Bozeman is the historic downtown. This area
has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-
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modal transportation network, and a rich architectural character. Essential government
services, places of public assembly, and open spaces provide the civic and social core of
town. Residential development on upper floors is well established. New residential uses
should be high density. The area along Main Street should be preserved as a place for
high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby
streets. Users are drawn from the entire planning area and beyond. The intensity of
development is high, with a Floor Area Ratio well over 1. Future development should
continue to be intense while providing areas of transition to adjacent areas and preserving
the historic character of Main Street.”
“Public Institutions - A variety of activities are undertaken in this land use classification.
Schools are a dominant use including Montana State University. Other typical uses are
libraries, fire stations, and publicly operated utilities. A significant portion of Bozeman’s
employment occurs within this category.”
“Parks, Open Space, and Recreational Lands - All publicly owned recreational lands,
including parks, are included within this category, as well as certain private lands. These
areas are generally open in character and may or may not be developed for active
recreational purposes. This category includes conservation easements which may not be
open for public use.”
“Residential - This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks,
low intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to
facilitate the provision of services and employment opportunities to persons without
requiring the use of an automobile. Implementation of this category by residential zoning
should provide for and coordinate intensive residential uses in proximity to commercial
centers. The residential designation indicates that it is expected that development will
occur within municipal boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong
presence of constraints and natural features such as floodplains may cause an area to be
designated for development at a lower density than normally expected within this
category. All residential housing should be arranged with consideration of compatibility
with adjacent development, natural constraints such as watercourses or steep slopes, and
in a fashion which advances the overall goals of the Bozeman Growth Policy. The
residential designation is intended to provide the primary locations for additional housing
within the planning area.”
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The City’s property is designated a combination of Public Institutions, Residential, and
Parks, Open Space and Recreational Lands. All of the private property is designated as
Community Core. As shown below in Table C-16 from the Growth Policy, the requested
zoning districts are implementing districts for the future land use designations. The location
of each requested zoning district correctly correlates with the underlying future land use
designation.
Proposed Zoning Designation and Land Uses
The applicant has requested zoning of PLI (Public Lands and Institutions) and B-3 (Central
Business).
The intent of the B-3 (Central Business) district is:
“3. The intent of the B-3 (Central Business) district is to provide a central area for the
community's business, government service and cultural activities. Uses within this district
should be appropriate to such a focal center, with inappropriate uses being excluded.
Room should be provided in appropriate areas for logical and planned expansion of the
present district.
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a. It is the intent of this district to encourage high volume, pedestrian-oriented uses in
ground floor space in the "core area" of the City's Central Business district, i.e., along
Main Street from Grand to Rouse and to the alleys one-half block north and south from
Main Street. Lower volume pedestrian uses such as professional offices may locate on
ground floor space in the B-3 area outside the above-defined core.”
The intent of the PLI District is:
“The intent of the PLI public lands and institutions district is to provide for major public
and quasi-public uses outside of other districts. Not all public and quasi-public uses need
to be classified PLI. Some may fit within another district; however larger areas will be
designated PLI.”
Table 38.10.020 establishes the uses that are allowed in the B-2 and B-3 zoning districts.
Table of Commercial Uses
Authorized Uses
B-1 B-2 B-3
Ambulance service — P P
Apartments and apartment buildings6, as defined in this chapter P P1/C P3
Arts and entertainment center, as defined in this chapter P P P
Automobile fuel sales or repair, as defined in this chapter C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school — C P3
Bus terminals — C C
Community centers P P P3
Community residential facilities with eight or fewer residents P P1/C P3
Community residential facilities serving nine or more residents — C —
Convenience uses C P C
Convenience use restaurant P P P
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Table of Commercial Uses
Authorized Uses
B-1 B-2 B-3
Day care centers P P P
Essential services Type I A A A
Essential services Type II P P P
Essential services Type III C9 P C9
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental — P —
Health and exercise establishments P1/C P P
Hospitals — P C
Hotel or motel — P P
Laboratories, research and diagnostic — P P3
Laundry, dry cleaning — C C
Light goods repair, as defined in this chapter — C A
Lodginghouses — C C3
Manufacturing, artisan P P P8
Manufacturing, light — C C3
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P1/C P P
Meeting hall — P P
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Table of Commercial Uses
Authorized Uses
B-1 B-2 B-3
Offices, as defined in this chapter P1/C P P3
Other buildings and structures typically accessory to permitted
uses A A A
Parking facilities P P P3
Personal and convenience services, as defined in this chapter P P P
Pet grooming shop P P P
Printing offices and publishing establishments — — C
Private club, fraternity, sorority or lodge — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P2 P2
Retail, large scale — P —
Sales of alcohol for on-premises consumption7 C C C
Sign paint shops (not including neon sign fabrication) — P C
Upholstery shops (excluding on site upholstery service for cars,
boats, trailers, trucks and other motorized vehicles requiring
overnight storage)
— P P3
Veterinary clinic — C —
Wholesale distributors with on-premises retail outlets, providing
warehousing is limited to commodities which are sold on the
premises
— C —
177
Staff Report for 15579 Downtown East Main Zone Map Amendment Page 22 of 23
Table of Commercial Uses
Authorized Uses
B-1 B-2 B-3
Wholesale establishments that use samples, but do not stock on
premises — P P
Any use, except adult businesses and casinos, approved as part of
a planned unit development subject to the provisions of article 20
of this chapter
C C C
Notes:
1When located on the second or subsequent floor, or basement as defined in article 42 of this
chapter.
2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this
chapter.
3Except on ground floor in the core area as defined in this article.
4Private arts instruction shall only be on the second or subsequent floor in the core area as
defined in this article.
5Exclusive of drive-ins.
6May be subject to the provisions of chapter 10, article 8.
7Also subject to chapter 4, article 2.
8For uses in the downtown core as described in 38.10.010.A.3.a and located on the ground
floor adjoining Main Street, a high volume, pedestrian-oriented use adjoining the building's
entrance on Main Street is required.
9Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners:
Eun Sil Kim 2302 Spring Creek Drive Bozeman MT 59715
Lee C Phillips 702 East Main Street Bozeman MT 59715-3862
City of Bozeman PO Box 1230 Bozeman MT 59771-1230
Simgraf Corporation PO Box 938 Bozeman MT 59771-0938
Empire Building Materials PO Box 220 Bozeman MT 59771-0220
178
Staff Report for 15579 Downtown East Main Zone Map Amendment Page 23 of 23
Ag Depot Inc PO Box 1349 Bozeman MT 59771-1349
RG Properties LLC PO Box 1349 Bozeman MT 59771-1349
BG Mill LLC 23 Annette Park Drive Bozeman MT 59715-9206
777 Building LLC 101 East Main Street Ste D Bozeman MT 59715-4796
611 East Main LLC &
UND 50% INT
101 East Main Street Ste D Bozeman MT 59715-4769
Applicant: Downtown Bozeman Partnership, 222 East Main Street, #302, Bozeman MT 59715
See application materials for owners requesting the amendment.
Representative: Chris Naumann, Downtown Bozeman Partnership, 222 East Main Street, #302,
Bozeman MT 59715
Report By: Chris Saunders, Policy and Planning Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this
Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Zoning Commission written minutes from the March 22, 2016 public hearing
Letter re non-conforming uses 3-12-2012
Letter re non-conforming uses 11-11-2015
Article 38.32, Non-conforming Situations
Written public comment received to date
179
A1CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street Address:
Full Legal Description:
Current Zoning:
Current Use:
Community Plan Designation:
Development Review Application A1 Page 1 of 3 Revision Date 5-19-15
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
180
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban Renewal Downtown North 7th Avenue Northeast None
District:
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms.
1. Pre-application Consultation
2. Master Site Plan
3. Site Plan
4. Subdivision pre-application
5. Subdivision preliminary plat
6. Subdivision final plat
7. Subdivision exemption
8. Condominium Review
9. PUD concept plan
10. PUD preliminary plan
11. PUD final plan
12. Annexation and Initial Zoning
13. Administrative Interpretation
Appeal
14. Administrative Project Decision
Appeal
15. Commercial Nonresidential COA
1 6. Historic Neighborhood
Conservation Overlay COA
Form
None
MSP
SP
PA
PP
FP
SE
CR
PUDC
PUDP
PUDFP
ANNX
AIA
APA
CCOA
NCOA
Form
17. Informal Review INF
18. Zoning Deviation None
19. Zoning or Subdivision Z/SVAR
Variance
20. Conditional Use Permit CUP
21. Special Temporary Use STUP
Permit
22. Comprehensive Sign Plan CSP
23. Regulated Activities in RW
Wetlands
24. Zone Map Amendment (non ZMA
Annexation)
25. UDC Text Amendment ZTA
26. Growth Policy Amendment GPA
27. Modification/Plan MOD
Amendment
28. Extension of Approved Plan EXT
29. Reasonable RA
Accommodation
30. Other:
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
B. Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if they are acceptable within five working days of the application deadline. Applications deemed acceptable for review will begin staff review immediately or be scheduled for Development Review Committee review in ten working days from the application deadline.
Development Review Application A1 Page 2 of 3 Revision Date 5-19-15
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
181
C. Application materials shall be submitted for each application as shown in the specific guidance and checklists that is provided for each application type. A common development review application form and common notice materials may be provided for an application that includes more than one application type. All other application materials shall be submitted for each individual application type per the project guidance and checklists.
9. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different)
for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the
course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above
information is true and correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance.
Applicant Signature:
Printed Name:
Owner
Signature:
Printed Name:
Owner Signature
Printed Name:
If signing as a corporation, please provide the title and position of the individual signing on behalf of
the corporation. Attach separate sheets for additional owner signatures.
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman, MT 59771 www.bozeman.net
Development Review Application A1 Page 3 of 3 Revision Date 5-19-15
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
182
ZMACITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
ZONE MAP AMENDMENT REQUIRED MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets.
This application is only for a proposed zone map amendment to in association with annexation. If an annexation is associated with the map amendment, see form ANNX.
Complete and signed development review application form A1.
Plan sets that include all items required in the zone map amendment checklist below.
Standard application sets required 2 sets that include full size 24 1 set that include 11 x 17 inch plan sizes: x 36 inch plans plans
2 digital versions of all materials (JPEG or PDF) on separate CD-ROM’s or USB drive. Individual
files must be provided at 5MB or less in size. Files shall be named according to naming protocol.
All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x
36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring Notes: binders will be used, they must include a table of contents and tabbed dividers between
sections. Plans that are rolled or not bound into sets will not be accepted.
NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1 and materials.
APPLICATION FEE
Base fee: $1,745
Plus: $55 per acre
APPLICATION DEADLINES
Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine if
they are acceptable within five working days of the application deadline. Applications deemed
acceptable for review will begin Development Review Committee review in ten working days from
the application deadline.
ZONE MAP AMENDMENT CRITERIA
1. A thorough project narrative including a detailed response to the following:
a. Is the new zoning designed in accordance with the growth policy? How?
b. Will the new zoning secure safety from fire and other dangers? How?
c. Will the new zoning promote public health, public safety and general welfare? How?
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How?
e. Will the new zoning provide reasonable provision of adequate light and air? How?
f. Will the new zoning have an effect on motorize and non-motorized transportation systems?
How?
g. Does the new zoning promote compatible urban growth? How?
h. Does the new zoning promote the character of the district? How?
i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
j. Was the new zoning adopted with a view to conserving the values of buildings? How?
k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area?
Zone Map Amendment Required Materials ZMA Page 1 of 2 Revision Date 4-27-15
Required Forms: A1, N1 Recommended Forms: Presentation of submitted plans and specifications
183
2. If map amendment, provide an exhibit of the property to be modified. Provide existing zoning
designation and the proposed land use designation. The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right of way the zoning should
extend to the centerline of the right of way.
CERTFICATION AND SIGNATURES
I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge.
Property Owner’s Signature(s) Date
State of
County of
On this day of , 20 , before me, a Notary Public of
the State of , personally appeared
, known to me to be the person(s) whose name(s) is(are)
subscribed to the above instrument and acknowledge to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
Notary Public for State of
Residing at
My Commission Expires
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263
PO Box 1230 planning@bozeman.net
Bozeman, MT 59771 www.bozeman.net
Zone Map Amendment Required Materials ZMA Page 2 of 2 Revision Date 4-27-15
Required Forms: A1, N1 Recommended Forms: Presentation of submitted plans and specifications
184
_______________________________________
N1CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker.
SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST
MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site and not physically contiguous (touching a boundary) to the subdivision, attached to this
checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous
(touching a boundary) including recorded purchasers under contract for deed to be sent
certified mail attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the physically contiguous property owners including recorded purchasers
under contract for deed.
Two sets additional mailing labels with the names and addresses of the physically
contiguous property owners including recorded purchasers under contract for deed
attached.
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all
condominium owners, within 200 feet of the property located at ________________________________________________________, is a true and accurate list
from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project.
Signature
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
Noticing Materials Page 1 of 1 Revision Date 4-27-15
Required Forms: N1 Recommended Forms: NA
185
186
187
188
189
190
191
192
193
E MAIN ST
E CURTISS STS CHURCH AVES WALLACE AVEN ROUSE AVECYPRESS STE MENDENHALL ST
N BROADWAY AVEE STORY ST Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
¯
EXHIBIT A - AERIAL IMAGE OF PROPERTIESDOWNTOWN BOZEMAN PARTNERSHIP
BOZEMAN, MONTANAJANUARY, 2016
Legend
Boundary
ParcelsDocument Path: Q:\BOZ_14007_Downtown_Bozeman_Zone_Map_Amendment\CADD_C3D\APLT\GIS\EX_A.mxd194
E MAIN ST
E CURTISS STS CHURCH AVES WALLACE AVEN ROUSE AVECYPRESS STE MENDENHALL ST
N BROADWAY AVEE STORY ST
EXISTING LAND USE DESIGNATION: COMMUNITY CORE
EXISTING LAND USE DESIGNATION: PUBLICINSTITUTION
EXISTING LAND USE DESIGNATION: PARKS, OPEN SPACE, AND RECREATIONAL LANDS
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
¯
EXHIBIT B - COMMUNITY PLAN MAPDOWNTOWN BOZEMAN PARTNERSHIP
BOZEMAN, MONTANAJANUARY, 2016
Legend
Boundary
Parcels
Residential
Residential Emphasis Mixed Land Use
Suburban Residential
Regional Commercial Services
Community Core
Community Commercial Mixed Use
Business Park Mixed Use
Industrial
Public Institutions
Parks, Open Space, and Recreational Lands
Other Public Lands
Golf Course
Present RuralDocument Path: Q:\BOZ_14007_Downtown_Bozeman_Zone_Map_Amendment\CADD_C3D\APLT\GIS\EX_B.mxd195
E MAIN ST
E CURTISS STS CHURCH AVES WALLACE AVEN ROUSE AVECYPRESS STE MENDENHALL ST
N BROADWAY AVEE STORY ST
R-4
B-2
PLI
B-3
R-2
B-3
R-1
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
¯
EXHIBIT C - EXISTING ZONING MAPDOWNTOWN BOZEMAN PARTNERSHIP
BOZEMAN, MONTANAJANUARY, 2016
Legend
BoundaryParcelsR-S (Residential Suburban)R-1 (Residential Single-Household, Low Density)R-2 (Residential Single-Household, Medium Density)R-3 (Residential Medium Density)R-4 (Residential High Density)R-O (Residential Office)R-MH (Residential Mobile Home)REMU (Residential Emphasis Mixed Use)
B-1 (Neighborhood Service)B-2 (Community Business)B-3 (Central Business)M-1 (Light Manufacturing)M-2 (Manufacturing and Industrial)BP (Business Park)UMU (Urban Mixed Use)HMU (Historic Mixed Used)PLI (Public Lands/Institutions)Document Path: Q:\BOZ_14007_Downtown_Bozeman_Zone_Map_Amendment\CADD_C3D\APLT\GIS\EX_C.mxd196
E MAIN ST
E CURTISS STS CHURCH AVES WALLACE AVEN ROUSE AVECYPRESS STE MENDENHALL ST
N BROADWAY AVEE STORY ST
R-2
B-2
PLI
B-3
B-3
R-4
R-1
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community
¯
EXHIBIT D - PROPOSED ZONING MAPDOWNTOWN BOZEMAN PARTNERSHIP
BOZEMAN, MONTANAJANUARY, 2016
Legend
BoundaryParcelsR-S (Residential Suburban)R-1 (Residential Single-Household, Low Density)R-2 (Residential Single-Household, Medium Density)R-3 (Residential Medium Density)R-4 (Residential High Density)R-O (Residential Office)R-MH (Residential Mobile Home)REMU (Residential Emphasis Mixed Use)
B-1 (Neighborhood Service)B-2 (Community Business)B-3 (Central Business)M-1 (Light Manufacturing)M-2 (Manufacturing and Industrial)BP (Business Park)UMU (Urban Mixed Use)HMU (Historic Mixed Used)PLI (Public Lands/Institutions)Document Path: Q:\BOZ_14007_Downtown_Bozeman_Zone_Map_Amendment\CADD_C3D\APLT\GIS\EX_D.mxd197
Narrative
This Zone Map Amendment (ZMA) application seeks to rezone 14 properties in the 700 block of
East Main Street from B-2 to B-3 and from R-4 to PLI.
This application seeks to rezone the properties to conform to the growth policy land use
designations.
The 14 properties are owned by 10 separate owners. A summary of the properties, growth policy
designation, existing and proposed zoning is described below.
Property Name Growth Policy
Designation
Existing
Zoning
Proposed
Zoning
Vac Shop-East Community Core B-2 B-3
Vac Shop-West Community Core B-2 B-3
East Main Trading Community Core B-2 B-3
Bozeman Public Library Public Institution B-2 and R-4 PLI
Nash-Finch Community Core B-2 B-3
Empire Building-North Community Core B-2 B-3
Empire Building-Middle Community Core B-2 and R-4 B-3
Empire Building-South Community Core R-4 B-3
AG Depot-West Community Core B-2 B-3
AG Depot-East Community Core B-2 B-3
BG Elevator Community Core B-2 B-3
777 Building Community Core B-2 B-3
777 Building Community Core B-2 B-3
Montana Ale Works Community Core B-2 B-3
The intent of this application is to rezone properties to align with the Bozeman Community Plan.
According to Table C-16 of the Community Plan, the B-2 zoning is not in compliance with the
198
Community Core plan designation, whereas the B-3 zoning designation would be in compliance.
Similarly the R-4 zoning is not in compliance with the Community Core nor the Public Institution
designations. A change to PLI zoning would bring the property into compliance with the plan
designation.
The B-3 zone district is the zoning for the central business district and is provided to accommodate
a services needed and desired in a central area of the City. The existing B-2 zone district is
characterized by uses that are more auto oriented along arterial streets, has minimum lot widths and
setbacks, and building height maximums of up to 44 feet. As the core of downtown Bozeman
expands, redevelops and infills, land uses become more intense and more fitting of the B-3 zone
district.
Response to Criteria
1. Is the new zoning designed in accordance with the growth policy?
Yes. The new zoning designations of B-3 (central business district) and PLI (public lands and
institutions district) directly correspond with the land use designations noted in the Bozeman
Community Plan. The existing zoning designations of B-2 (community business district) and
R-4 (residential high density) do not comply with the growth policy. This zone map
amendment brings these properties into conformity with the growth policy.
2. Will the new zoning secure safety from fire and other dangers?
Yes. The new zoning designations would allow for redevelopment of buildings with upgraded
safety systems.
3. Will the new zoning promote public health, public safety and general welfare?
Yes. The proposed zoning will allow for the existing buildings and uses to continue. The
proposed zoning for the library property will help to ensure long-term use of the property for
a needed public institution. The zoning designation of B-3 on the other properties will
promote continued health, safety and welfare.
4. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements?
The zoning designation of PLI for the library property will provide adequate and long-term
provision for this public institution. Existing infrastructure is in place, however, the proposed
B-3 designation for the remaining properties allows for a more intense use of property, which
allows for more efficient uses for public facilities.
5. Will the new zoning provide reasonable provision of adequate light and air?
Yes. All zoning districts within the City of Bozeman provide standards that ensure adequate
light and air. Existing uses on the properties currently meet this provision and any future
development or redevelopment would meet this provision through zoning compliance.
6. Will the new zoning have an effect on motorized and non-motorized transportation
systems?
199
The change in zoning designation will have positive effects on transportation systems. The
existing B-2 zoning district is oriented towards a more motorized transportation system.
Whereas, the proposed B-3 zoning district is intended to promote a central business district
that is accessible vial multiple modes of transportation, including pedestrians, bicycles,
automobiles and public transportation. Expanding the B-3 district to include these properties
will allow future development to accommodate all types of transportation. The proposed
change to PLI will have a neutral effect on transportation systems, as the use is not changing.
7. Does the new zoning promote compatible Urban Growth?
Yes. The proposed B-3 zoning designation accommodates services needed and desired in a
central area of the City. Allowing for more intense uses within the central area can reduce
demand in the outer fringe of the City. The proposed PLI zone designation also provides for
necessary public institutions within the urban core.
8. Does the new zoning promote the character of the district?
Yes. As the City grows, it should be expected that the downtown area will also grow and
replace outdated uses with more appropriate urban uses. The designation of B-3 will promote
the continued downtown core to this area of Main Street. The PLI designation will also
promote the continued use of the property for a public institution, which fits the character of
the district.
9. Does the new zoning address the affected area’s peculiar suitability for particular uses?
The proposed designation of PLI meets the particular use as a public library for this parcel.
The B-3 zoning designation is an acknowledgement that the area of downtown is changing and
evolving from a generalized commercial area to an expansion of the central core of downtown.
10. Was the new zoning adopted with a view to conserving the values of buildings?
Yes. The proposed PLI zoning district is applicable to the existing library use, ensuring long-
term use for that property. The proposed B-3 zoning designation acknowledges the evolving
land use pattern away from general commercial towards more intense, mixed use buildings.
The B-3 zoning will ensure that existing uses and future used conserve value of buildings.
11. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area?
Yes. The PLI zoning district is the most appropriate district for the parcel identified and
provided for a public institution within the urban core. The B-3 zoning district allows for an
expanded downtown core, which is most appropriate for this area of the City.
200
Property Owner Information for East Main Zone Map Amendment Application
prepared by Chris Naumann, Downtown Bozeman Partnership
Property Address Property Name Geocode Legal Description Primary Owner Address City State Zip Land Area
716 East Main Street Vac Shop-East 06-0799-07-1-04-07-0000 S07 T02 S R06 E Tract 4 100x313.5' in SE4NE4 Ind Site Eun Sil Kim 2302 Spring Creek Drive Bozeman MT 59715 31,300
712 East Main Street Vac Shop-West 06-0799-07-1-04-03-0000 S07 T02 S R06 E 90' E S Tract 5 90x140' SE4NE4 Ind Site Eun Sil Kim 2302 Spring Creek Drive Bozeman MT 59715 12,600
702 East Main Street East Main Trading 06-0799-07-1-04-01-0000 S07 T02 S R06 E W 60' Tract 5 SE4NE4 Lee C Phillips 702 East Main Street Bozeman MT 59715-3862 8,400
626 East Main Street Bozeman Public Library 06-0779-07-4-57-01-0000 S07 T02 S R06 E TR in SE4 Being PT of Rouse's 1st & 2nd ADD, pt of Electric Ht City of Bozeman PO Box 1230 Bozeman MT 59771-1230 605,919
612 East Main Street Nash-Finch 06-0799-07-1-03-10-0000 Rouse 1st ADD S07 T02 S R06 E Acres 0.38 AMND Lot 2A-1 Plat C-5-B Simgraf Corporation PO Box 938 Bozeman MT 59771-0938 16,560
608 East Main Street Empire Building-North 06-0799-07-1-03-25-0000 Rouse 1st ADD S07 T02 S R06 E Acres 0.53 AMND Lot 1A-1 Plat C-5-B Empire Building Materials PO Box 220 Bozeman MT 59771-0220 23,098
Empire Building-Middle 06-0799-07-1-03-35-0000 S07 T02 R06 E Acres 0.727 PT of BLK C Rouses 1st BOZ & PT of BLK B Rouses Empire Building Materials PO Box 220 Bozeman MT 59771-0220 31,654
Empire Building-South 06-0799-07-4-56-20-0000 Rouse 2nd Add, S07 T02 S R06 E Block B TR being COS 361 Empire Building Materials PO Box 220 Bozeman MT 59771-0220 10,281
24 North Wallace Ave AG Depot-West 06-0799-07-1-11-32-0000 Rouse 1st ADD S07 T02 S R06 E Block D, Lot 15-18 Ag Depot Inc PO Box 1349 Bozeman MT 59771-1349 16,800
AG Depot-East 06-0799-07-1-11-01-0000 Rouse 1st ADD S07 T02 S R06 E Block D, Lot 19-28 R G Properties LLC PO Box 1349 Bozeman MT 59771-1349 42,000
East Mendenhall Street BG Elevator 06-0799-07-1-12-10-0000 Northern Pacific ADD S07 T02 S R06 E Lot 1 Acres 0.5123 PLAT C-23-A11 BG Mill LLC 23 Annette Park Drive Bozeman MT 59715-9206 22,315
777 East Main Street 777 Building 06-0799-07-1-12-20-0000 Northern Pacific ADD S07 T02 S R06 E Lot 2 Acres 1.3298 PLAT C-23-A11 777 Building LLC 101 East Main Street Ste D Bozeman MT 59715-4796 57,926
777 Building 06-0799-07-1-11-30-0000 Rouse 1st ADD S07 T02 S R06 E Lots 3 & 4 Blk D 777 Building LLC 101 East Main Street Ste D Bozeman MT 59715-4796 8,400
611 East Main Street Montana Ale Works 06-0799-07-1-11-28-0000 Rouse 1st ADD S07 T02 S R06 E Block D Lot 5-14 611 East Main LLC & UND 5 101 East Main Street Ste D Bozeman MT 59715-4769 50,800
201
R-S R-1 R-2 R-3 R-4 R-O REMU* RMH B-1 B-2 B-3 UMU M-1 M-2 BP NEHMU PLI
Bozeman Community Plan Table C-16: Zoning Correlation With Land Use Categories
Zoning District
Plan Category
Residential ● ● ● ● ● ● ● ● Residential Mixed
Use Emphasis* ● ● ● ● ● Suburban
Residential ● ● ●
Regional Commercial and Services ● ● ●
Community Core ● ● ●
Community
Commercial Mixed-Use Business Park
● ● ● ●
Mixed Use ● ● ● ●
Industrial ● ● ● ● ● Public
Institutions ●
Parks, Open Space, and
Recreational Lands**
● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ●
Golf Courses ● ●
Present Rural ●
*The Residential Emphasis Mixed-Use zoning district has not yet been created. It is presumed at this time. **Parks are depicted on Figure 3 in almost all zoning districts. Open spaces for a variety of purposes are created under all zoning districts. Indication in this table does not create an allowance for uses other than parks and open spaces that are not already included in the zoning district.
Existing zoning not in compliance with
Growth Policy Designation
Proposed zoning in compliance with
Growth Policy Designation
202
Gallatin Valley Seed Company PO Box 6429
Bozeman, MT 59771
Christopher M & Susan L Glenn 704 E Lamme St
Bozeman, MT 59715
Philip & Nelle Devitt 109 N Broadway Ave
Bozeman, MT 59715
John F & Bonnie J Chepulis 2 Dovetail Ln
Columbus, MT 59019-7476
Sharon R Townsend 702 E Lamme St
Bozeman, MT 59715
705 East Mendenhall LLC Bunting Mgt Grp
217 International Cir
Cockeysville, MD 21030
Ellen K Sagmyr & Drew Thate 104 Branegan Ct Apt A
Bozeman, MT 59715-4991
Robert Jackson 708 E Lamme St
Bozeman, MT 59715
Martha S Drysdale 511 Perkins Pl
Bozeman, MT 59715
Drysdale Family LLC 511 Perkins Pl
Bozeman, MT 59715
Rookery LLC The PO Box 3666
Bozeman, MT 59772-3666
Town Pump 600 S Main St.
Butte, MT 59702
East Main Marketplace LLC 317 Eastlake Cir
Billings, MT 59105-3536
Peter Heidmann 549 E Mendenhall St
Bozeman, MT 59715
Yellow House LLC 25 S Wallace Ave
Bozeman, MT 59715
East Babcock LLC 541 E Babcock St Unit 1
Bozeman, MT 59715
Earl Peace Realty Llp 1201 Highland Blvd Apt A310
Bozeman, MT 59715
Gene Brooks & Donald Kent 1285 Hidden Valley Road
Bozeman, MT 59718-1402
Decker Building LLC 539 E Main St
Bozeman, MT 59715
Kristine & David Cameron 541 E Mendenhall St
Bozeman, MT 59715-3728
Goldfish Rentals LLC PO Box 1741
Bozeman, MT 59715
Michael Weix 629 E Mendenhall St
Bozeman, MT 59715
H & T LLC 8260 Huffine Ln
Bozeman, MT 59718-8118
Carl T & Holznagel 616 E Lamme St
Bozeman, MT 59715
Simkins-Hallin Inc PO Box 938
Bozeman, MT 59771-0938
Artlaw, LLC 1409 Cherry Drive
Bozeman, MT 59715
John B Baker 619 E Mendenhall St
Bozeman, MT 59715
M Ethan Barlow 626 E Lamme St
Bozeman, MT 59715
Haj Javad LLC PO Box 186
Bozeman, MT 59771-0186
Westland Enterprises Inc PO Box 938
Bozeman, MT 59771-0938
203
Steven E Warren
33A Hooper Farm Rd Nantucket, Ma 02554-4124
Caleb Holt
115 S Wallace Ave Bozeman, MT 59715
Shane Ticen Ramsay
285 Snowline Rd Bozeman, MT 59715
David Samuel Weiss
904 S Black Ave Bozeman, MT 59715
Ptrg LLC
548 E Babcock St Bozeman, MT 59715
Wayne A & Susan P Triska
1020 Governor Ln Bismarck, Nd 58501-1953
Stephen M Gay
PO Box 1691 Bozeman, MT 59771-1691
Dorothy Mcquiston
521 E Olive St Bozeman, MT 59715
Olive & Wallace LLC
416 N Ida Ave Bozeman, MT 59715
Jeffrey A & Katherine A Ball
323 S Wallace Ave Bozeman, MT 59715
Jeremy & Angela Watkins
530 E Curtiss St Bozeman, MT 59715
Stephen E & Julie N Shea
309 S Wallace Ave Bozeman, MT 59715
Ryan & Jill Hamilton
520 E Curtiss St Bozeman, MT 59715
Joseph H Zinner
PO Box 3237 Bozeman, MT 59772-3237
Strong Condo Master
General Delivery Bozeman, MT 59715
Montana Rail Link
Real Estate Dept, PO Box 16624 Missoula, MT 59808
David Gluek
1540 Maryott Road Bozeman, MT 59718
Mark Evans
701 E. Mendenhall St, Apt 3 Bozeman, MT 59715
Bigshots Limited Liability Compary
701 E. Mendenhall St, Apt 1 Bozeman, MT 59715
204
WENDY ROBERTS & THOMAS ASBURY
6815 52ND AVE NE SEATTLE, WA 98115-7746
HILLARY ROBISON & STEPHEN VAN SLYKE
PO BOX 1389 KOTZEBUE, AK 99752-1389
THERESA PENTTILA L REV LIVING TRUST
9438 BEAGLE DR SANDY, UT 84092-3337
LINDA G SEMONES PO BOX 113
BOZEMAN, MT 59771-0113
SALAL HUBER MCGEE & MICHAEL MCGEE JR
332 S CHURCH AVE BOZEMAN, MT 59715
MICHELLE PAULE, TREVOR & CORALIE DAWN SOUCIE
326 S CHURCH AVE BOZEMAN, MT 59715
SALAL HUBER & MICHAEL P MCGEE JR
332 S CHURCH AVE BOZEMAN, MT 59715
KATHLEEN OVERLY & WILLIAM H HOPKINS
406 S CHURCH AVE BOZEMAN, MT 59715
ANDREW FELTENSTEIN 410 S CHURCH AVE
BOZEMAN, MT 59715
FAMILY PROMISE OF GALLATIN VALLEY INC
PO BOX 475 BOZEMAN, MT 59771-0475
DEAN MILLER PO BOX 88
DAYTON, MT 59914-0088
HAROLD DAN MCREYNOLDS 2270 AXTELL ANCENY RD
BOZEMAN, MT 59718-7629
KENNETH SINAY PO BOX 42
BOZEMAN, MT 59771
NEAL ROSS 425 E STORY ST
BOZEMAN, MT 59715
205
DOWNTOWN EAST MAIN ZMA ADJACENT PROPERTY OWNER LIST
REVISED 2-16-16
Downtown East Main ZMA Adjacent Property Owner List REVISED 2-16-16.xlsx 2/24/2016
OWNER FIRST OWNER LAST ADDRESS CITY ST ZIP PROPERTY ADDRESS GEOCODE LEGAL DESCRIPTION
Gallatin Valley Seed Company PO Box 6429 Bozeman, MT 59771 215 S Wallace Ave 06-0799-07-4-46-01-7000
GALLATIN VALLEY SEED CONDO, S07, T02 S, R06 E, ROUSE 2ND ADD BLK D LOT 11 CONDO
MASTER
Christopher M & Susan L Glenn 704 E Lamme St Bozeman, MT 59715 704 E Lamme St 06-0799-07-1-20-26-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 1 - 2
Philip & Nelle Devitt 109 N Broadway Ave Bozeman, MT 59715 109 N Broadway Ave 06-0799-07-1-20-14-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 12 - 13
John F & Bonnie J Chepulis 2 Dovetail Ln Columbus, MT 59019-7476 715 E Mendenhall St 06-0799-07-1-20-12-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 14 - 17
Sharon R Townsend 702 E Lamme St Bozeman, MT 59715 702 E Lamme St 06-0799-07-1-20-28-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 14, 52.5' W OF N2
705 East Mendenhall LLC
Bunting Mgt Grp, 217
International Cir Cockeysville, Md 21030 705 E Mendenhall St 06-0799-07-1-20-08-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 18A
Ellen K Sagmyr & Drew Thate 104 Branegan Ct Apt A Bozeman, MT 59715-4991 706 E Lamme St 06-0799-07-1-20-24-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 3 - 4, W12.5'LOT 4
Robert Jackson 708 E Lamme St Bozeman, MT 59715 708 E Lamme St 06-0799-07-1-20-22-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 4 - 5, E12.5' OF LOT 4
Martha S Drysdale 511 Perkins Pl Bozeman, MT 59715 121 N Broadway Ave 06-0799-07-1-20-20-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 6 - 7
Drysdale Family LLC 511 Perkins Pl Bozeman, MT 59715 111 N Broadway Ave 06-0799-07-1-20-18-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 32, Lot 8 - 11
Rookery LLC The PO Box 3666 Bozeman, MT 59772-3666 N Broadway Ave 06-0799-07-1-21-01-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 33, Lot 1A
Town Pump 600 S Main St.Butte, MT 59702 803 E Main St 06-0799-07-1-13-15-0000 NORTHERN PACIFIC ADD, S07, T02 S, R06 E, Lot 11&12, A ST 2.3' ON N & 13.8' ON S E OF 11
East Main Marketplace LLC 317 Eastlake Cir Billings, MT 59105-3536 544 E Main St 06-0799-07-1-02-20-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK B, AMND LOT 9A-14
Peter Heidmann 549 E Mendenhall St Bozeman, MT 59715 549 E Mendenhall St 06-0799-07-1-18-14-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK H, Lot 13 - 14
Yellow House LLC 25 S Wallace Ave Bozeman, MT 59715 549 E Babcock St 06-0799-07-1-02-14-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK B, Lot 15 - 16
East Babcock LLC 541 E Babcock St Unit 1 Bozeman, MT 59715 541 E Babcock St 06-0799-07-1-02-12-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK B, Lot 17 - 18
Earl Peace Realty Llp
1201 Highland Blvd Apt
A310 Bozeman, MT 59715 533 E Babcock St 06-0799-07-1-02-10-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK B, Lot 19- 22
Gene Brooks & Donald Kent 1285 Hidden Valley Road Bozeman, MT 59718-1402 548 E Mendenhall St 06-0799-07-1-10-18-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK E, Lot 25 - 28
Decker Building LLC 539 E Main St Bozeman, MT 59715 539 E Main St 06-0799-07-1-10-11-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK E, Lot 3 - 5
Kristine & David Cameron 541 E Mendenhall St Bozeman, MT 59715-3728 541 E Mendenhall St 06-0799-07-1-18-12-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK H, Lot 11 - 12
Goldfish Rentals LLC PO Box 1741 Bozeman, MT 59715 06-0799-07-1-19-14-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, Lot 11 - 12
Michael Weix 629 E Mendenhall St Bozeman, MT 59715 629 E Mendenhall St 06-0799-07-1-19-16-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, Lot 13 - 14
H & T LLC 8260 Huffine Ln Bozeman, MT 59718-8118 630 E Lamme St 06-0799-07-1-19-18-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, Lot 15 - 16
Carl T &Holznagel 616 E Lamme St Bozeman, MT 59715 616 E Lamme St 06-0799-07-1-19-25-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, Lot 21 - 22
Simkins-Hallin Inc PO Box 938 Bozeman, MT 59771-0938 124 N Wallace Ave 06-0799-07-1-19-31-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, Lot 23 - 28
Artlaw, LLC 1409 Cherry Drive Bozeman, MT 59715 615 E Mendenhall St 06-0799-07-1-19-10-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, Lot 7 - 8
John B Baker 619 E Mendenhall St Bozeman, MT 59715 619 E Mendenhall St 06-0799-07-1-19-12-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, Lot 9 - 10
M Ethan Barlow 626 E Lamme St Bozeman, MT 59715 626 E Lamme St 06-0799-07-1-19-20-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, LOT 17 & E LOT 20' 18
Haj Javad LLC PO Box 186 Bozeman, MT 59771-0186 549 E Main St 06-0799-07-1-10-14-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK E, LOTS 1 - 2
Westland Enterprises Inc PO Box 938 Bozeman, MT 59771-0938 601 E Mendenhall St 06-0799-07-1-19-01-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, LOTS 1-4 & N 30' LOTS 5 & 6
Steven E Warren 33A Hooper Farm Rd Nantucket, Ma 02554-4124 622 E Lamme St 06-0799-07-1-19-23-0000 ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK I, W8' LOT 18 ALL LOTS 19 & 20
Caleb Holt 115 S Wallace Ave Bozeman, MT 59715 115 S Wallace Ave 06-0799-07-4-55-08-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK A, 16' N S LOT 10 & 16' S S LOT 11, PLAT C-6
Shane Ticen Ramsay 285 Snowline Rd Bozeman, MT 59715 121 S Wallace Ave 06-0799-07-4-55-04-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK A, E2 LOTS 7 & 8, PLAT C-6
David Samuel Weiss 904 S Black Ave Bozeman, MT 59715 107 S Wallace Ave 06-0799-07-4-55-12-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK A, Lot 13 - 14, PLAT C-6
Ptrg LLC 548 E Babcock St Bozeman, MT 59715 548 E Babcock St 06-0799-07-4-55-14-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK A, Lot 15A, PLAT C-6-C
206
DOWNTOWN EAST MAIN ZMA ADJACENT PROPERTY OWNER LIST
REVISED 2-16-16
Downtown East Main ZMA Adjacent Property Owner List REVISED 2-16-16.xlsx 2/24/2016
OWNER FIRST OWNER LAST ADDRESS CITY ST ZIP PROPERTY ADDRESS GEOCODE LEGAL DESCRIPTION
Wayne A & Susan P Triska 1020 Governor Ln Bismarck, Nd 58501-1953 560 E Babcock St 06-0799-07-4-55-13-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK A, Lot 16A, PLAT C-6-C
Stephen M Gay PO Box 1691 Bozeman, MT 59771-1691 117 S Wallace Ave 06-0799-07-4-55-06-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK A, Lot 9, & S 14' LOT 10 PLAT C-6
Dorothy Mcquiston 521 E Olive St Bozeman, MT 59715 521 E Olive St 06-0799-07-4-55-01-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK A, W2 LOTS 7 & 8, PLAT C-6
Olive & Wallace LLC 416 N Ida Ave Bozeman, MT 59715 200 S Wallace Ave 06-0799-07-4-48-07-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK C & F, Lot A & BLOCK C, PARCEL A
Jeffrey A & Katherine A Ball 323 S Wallace Ave Bozeman, MT 59715 323 S Wallace Ave 06-0799-07-4-37-15-0000
ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, Lot 31 - 35, INCLUDING 25'X150' W OF 31 TO 35
AND E 6' OF LOTS 6 TO 10
Jeremy & Angela Watkins 530 E Curtiss St Bozeman, MT 59715 530 E Curtiss St 06-0799-07-4-37-20-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, Lot A, AMND PLAT C-6D
Stephen E & Julie N Shea 309 S Wallace Ave Bozeman, MT 59715 309 S Wallace Ave 06-0799-07-4-37-18-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, Lot B, AMND PLAT C-6D
Ryan & Jill Hamilton 520 E Curtiss St Bozeman, MT 59715 520 E Curtiss St 06-0799-07-4-37-25-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, W100' OF LOTS 36-40 PLAT C-6
Joseph H Zinner PO Box 3237 Bozeman, MT 59772-3237 113 S Wallace Ave 06-0799-07-4-55-10-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, N14' LOT 11 & LOT 12 BLK A
Strong Condo Master General Delivery Bozeman, MT 59715 701 E Mendenhall St 06-0799-07-1-20-01-7000 STRONG CONDO, S07, T02 S, R06 E, NOR PAC ADDN LOT 22A AMND LOTS 18-22 BLK 32
Montana Rail Link
Real Estate Dept, PO Box
16624 Missoula, MT 59808 06-0799-07-1-22-01-2000
David Gluek 1540 Maryott Road Bozeman, MT 59718
701 E Mendenhall St
Unit 2 06-0799-07-1-20-01-7002 STRONG CONDO, S07, T02 S, R06 E, UNIT 2
Mark Evans
701 E. Mendenhall St, Apt
3 Bozeman, MT 59715
701 E Mendenhall Unit
3 06-0799-07-1-20-01-7003 STRONG CONDO, S07, T02S, R06E, UNIT 3
Bigshots Limited Liability
Compary
701 E. Mendenhall St, Apt
1 Bozeman, MT 59715
701 E Mendenhall Unit
1 06-0799-07-1-20-01-7001 STRONG CONDO, S07, T02S, R06E, UNIT 1
207
DOWNTOWN EAST MAIN ZMA ADJACENT PROPERTY OWNER LIST
REVISED 2-16-16
Downtown East Main ZMA Adjacent Property Owner List REVISED 2-16-16.xlsx 2/24/2016
OWNER FIRST OWNER LAST ADDRESS CITY ST ZIP PROPERTY ADDRESS GEOCODE LEGAL DESCRIPTION
WENDY ROBERTS & THOMAS ASBURY 6815 52ND AVE NE SEATTLE, WA 98115-7746 428 E STORY ST 06-0799-07-4-18-05-0000 BONN ADD, S07, T02 S, R06 E, Lot 1-A, ACRES 0.288, PLAT F-14-A
HILLARY ROBISON & STEPHEN VAN SLYKE PO BOX 1389 KOTZEBUE, AK 99752-1389 420 E STORY ST 06-0799-07-4-18-04-0000 BONN ADD, S07, T02 S, R06 E, Lot 2, ACRES 0.187, PLAT F-14
THERESA PENTTILA L REV LIVING TRUST 9438 BEAGLE DR SANDY, UT 84092-3337 336 S CHURCH ST 06-0799-07-4-37-44-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, Lot 15 - 16, PLAT C-6
LINDA G SEMONES PO BOX 113 BOZEMAN, MT 59771-0113 404 S CHURCH AVE 06-0799-07-4-37-46-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, Lot 17, & N 10' LOT 18, PLAT C-6
SALAL HUBER MCGEE & MICHAEL MCGEE JR 332 S CHURCH AVE BOZEMAN, MT 59715 332 S CHURCH AVE 06-0799-07-4-37-42-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, Lot 13 - 14, PLAT C-6MICHELLE PAULE, TREVOR EDWARD & CORALIE
DAWN SOUCIE 326 S CHURCH AVE BOZEMAN, MT 59715 326 S CHURCH AVE 06-0799-07-4-37-40-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, Lot 11 - 12, PLAT C-6
SALAL HUBER & MICHAEL P MCGEE JR 332 S CHURCH AVE BOZEMAN, MT 59715
318 and 322 S CHURCH
AVE 06-0799-07-4-37-38-0000
ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, W196' OF S27' 9 & W196' OF LOT 10 and
S2'LOT 6 ALL LOTS 7 & 8 & N3' LOT 9 EXCEPT 6' OFF E ENDS PLAT C-6
KATHLEEN OVERLY & WILLIAM H HOPKINS 406 S CHURCH AVE BOZEMAN, MT 59715 406 S CHURCH AVE 06-0799-07-4-37-48-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, S20' LOT 18 & N20'LOT 19, PLAT C-6
ANDREW FELTENSTEIN 410 S CHURCH AVE BOZEMAN, MT 59715 410 S CHURCH AVE 06-0799-07-4-37-50-0000 ROUSE 2ND ADD, S07, T02 S, R06 E, BLOCK E, Lot 20, & 10' SS LOT 19FAMILY PROMISE OF GALLATIN
VALLEY INC PO BOX 475 BOZEMAN, MT 59771-0475 429 E STORY ST 06-0799-07-4-27-07-0000 PARKSIDE ADD, S07, T02 S, R06 E, BLOCK A, Lot 3
DEAN MILLER PO BOX 88 DAYTON, MT 59914-0088 415 S CHURCH ST 06-0799-07-4-27-08-0000 PARKSIDE ADD, S07, T02 S, R06 E, BLOCK A, Lot 2
HAROLD DAN MCREYNOLDS 2270 AXTELL ANCENY RD BOZEMAN, MT 59718-7629 421 E STORY RD 06-0799-07-4-27-05-0000 PARKSIDE ADD, S07, T02 S, R06 E, BLOCK A, Lot 5
KENNETH SINAY PO BOX 42 BOZEMAN, MT 59771 411 S CHURCH AVE 06-0799-07-4-27-09-0000 PARKSIDE ADD, S07, T02 S, R06 E, BLOCK A, Lot 1
NEAL ROSS 425 E STORY ST BOZEMAN, MT 59715 425 E STORY ST 06-0799-07-4-27-06-0000 PARKSIDE ADD, S07, T02 S, R06 E, BLOCK A, Lot 4
208
Zoning Commission Meeting
Tuesday, March 1st, 2016, 6:00pm, City Commission Chamber – 121 N.
Rouse Ave.
A. 06:01:26 PM Call meeting to order
Chris Mehl – Commission Liaison - Present
Erik Garberg – Board Chair – Present
Julien Morice – Present
George Thompson – Present
B. 06:01:45 PM Changes to the Agenda – Mr. Rogers will be giving the board a
presentation prior to the action items.
C. 06:02:02 PM Approval of Meeting Minutes – 4/7/15; 7/7/15; 7/21/15;
8/18/15; 9/8/15; 11/17/15; 1/19/16
06:02:11 PM Julien Morice moves to approve the minutes. George Thompson seconds.
George Thompson states that in the meeting minutes on 7/21/16 were incomplete and needed to be
addressed.
Julien Morice moves to amend the motion to remove 7/21/16 from approval for tonight.
Board unanimously approves minutes from 4/7/15, 7/7/15, 8/18/15, 9/8/15, 11/17/15 and 1/19/16.
C. 06:05:38 PM Public Comment – no public comment
06:06:00 PM Mr. Rogers begins presentation stating that that a lot of information will be rolling out
regarding the UDC Update. If the board members will not be present during Spring Break, it is important
that they let staff know so they can plan accordingly.
Mr. Rogers continues to discuss the time line for the UDC Update and the stages involved. He states that
the 1st goal will be to implement the North 7th Plan. Mr. Rogers states that there will be another public
meeting on March 29th in the Commission Chambers to transition from phase 1 to phase 2.
06:09:58 PM Commissioner Mehl questions when the next advisory board meeting will be. Mr. Rogers
states that it is usually the second Tuesday, but is not yet scheduled.
209
Commission Mehl requests a poll be taken to see who will be present on 3/15/16 for the Zoning
Commission Meeting. Mr. Garberg requests the zoning commission receives a copy of Mr. Rogers’
presentation.
D. 06:11:22 PM Action Items
A. 06:11:27 PM 15579 – Downtown East Main ZMA (Saunders)
Various Addresses
Rezone 21.53 acres from B-2 Community Business and R-4 High Density Residential District
to B-3 Central Business district and PLI Public Lands and Institutions district. Applicant and
representative is the Downtown Bozeman Partnership for multiple landowners.
06:11:37 PM Chris Saunders begins staff presentation.
06:22:49 PM Board discusses voting on the Zone Map Amendment. Questioning when it
should take place and whether a quorum would be required and the time line for it to get to
the commission. Mr. Saunders states that the board must make a recommendation to the
City Commission – whether in support or against.
Mr. Saunders discusses previous zoning of the property to provide history.
06:24:21 PM Mr. Saunders concludes his presentation and notes that it makes very little
difference for the Public Lands and Institutions, for the change from B2 to B3, the uses are
very similar. The zoning of B3 is a lot less stringent than in B2. B3 allows greater height and
smaller setbacks. He states the change would not affect Historic Preservation and parking.
06:25:46 PM Julien Morice questions if the board can amend the motion to not include
certain pieces of property. Mr. Saunders states that they can, but it is not recommended by
staff unless there’s a compelling difference in use. He explains that current businesses can
continue to operate as they have been and sometimes even expand operations.
06:27:11 PM Julien Morice questions what other implications the ZMA may have on
property value, taxes, etc. Mr. Saunders states that to the best of his knowledge, it will not
change that – at least not to a degree that can be noted.
06:27:53 PM Mr. Garberg questions if the uses conform currently, Mr. Saunders states that
it does not. Mr. Garberg questions if they will conform under the new zone, Mr. Saunders
states that they do not – that they would fit best under an industrial zoning.
06:28:41 PM Mr. Mehl states that they will be changing some Residential to B-3. Mr.
Saunders states that to the best of his knowledge, there are no occupied homes in the area
that is changing from R4 to B3.
06:29:07 PM Mr. Saunders states that there are residential-type structures there, but they
are not currently used as homes.
210
06:29:31 PM Board discusses how to move forward with continuing the meeting to a future
board.
06:30:08 PM Applicant presentation – Chris Nauman – States that the goal of the zone map
amendment was to have the zoning comply with the growth policy. In addition to have to
move from a more suburban zoning district to more urban within the TIF district.
06:31:52 PM Board and Staff discuss means of providing Public Comment – comment at this
meeting, the future meeting when the vote will take place and via written comment.
06:32:49 PM Jeff Ball – 323 South Wallace – States that he thinks the goal is to bring the
whole area into the zone map amendment – but there’s a triangle of space that’s not being
included and he recommends including it.
06:35:17 PM Anthony Tangero – 608 East Main – States that he is concerned with the non-
conforming structures being under a microscope and if there is a business change of some
sort, being held to the new standards. As a result, they oppose the change. He would like
more clarification as to how the proposal affects him.
06:37:17 PM Close of the public hearing with continuing vote to a later meeting.
06:37:41 PM Board discusses whether they will discuss the issues of non-conforming
properties. It is decided that the Staff Report should include information on this and be
discussed next time.
06:38:01 PM Commissioner Mehl states that since the individual asking the question may
not be here next time, that it may be best to address that question now – regarding non-
conforming properties and the triangle not included.
06:38:06 PM Mr. Saunders states that the City owns that whole piece of land to the South.
He states there’s no reason to change it now or change it later – staff does not object either
way.
06:39:01 PM With regards to non-conforming uses, if you were lawfully existing, you can
continue to operate your business whether it’s B2 or B3. This will not change the scrutiny
placed on the business. There are opportunities to do maintenance and structural repairs as
needed. He states the City is pretty loose with non-conforming structures and that the new
zoning would be less restrictive than they currently are. Mr. Saunders states that he can do
an addendum to the staff report to include that language.
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E. 06:41:15 PM FYI/Discussion – reminder to the board that they will be seeing
information regarding North 7th and to let Staff know if they will be present on 3/15/16.
F. 06:41:31 PM Adjournment
For more information please contact Alicia Kennedy at akennedy@bozeman.net
This board generally meets the first and third Tuesday of the month at 6:00pm
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Chuck Winn at 582-3207 (TDD 582-2301).
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Planning Board and Zoning Commission Meeting
Tuesday, March 22nd, 2016, 6:00pm, Stiff Building 2nd Floor Conference
Room – 20 E. Olive St.
A. Call meeting to order – Erik Garberg calls meeting of the Zoning
Commission to order.
Jordan Zignego – Present – Zoning Commission and Planning Board
Erik Garberg – Present – Zoning Commission Chair
Paul Spitler – Present – Planning Board
Dan Stevenson – Present – Zoning Commission
George Thompson – Present – Zoning Commission and Planning Board
Lauren Waterton – Present – Planning Board
Julien Morice – Present – Zoning Commission
Brianne Dugan – Present – Planning Board
Jerry Pape – Present – Planning Board
Chris Mehl – Present – Zoning Commission liaison and Planning Board member
B. Changes to the Agenda – no changes to the agenda.
C. Approval of Meeting Minutes: Zoning Commission 7/21/2015 and
3/1/2016
George Thompson moves to approve minutes.
Julien Morice Seconds motion.
Board unanimously approves.
D. Public Comment – No public comment.
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E. Action Items
A. 15579 – Downtown East Main ZMA (Saunders), Continuation of public hearing from
March 1, 2016.
608-777 East Main Street, 24 North Wallace Avenue, and 710-714 East Mendenhall Street
Rezone 25.82 acres from B-2 Community Business and R-4 High Density Residential District
to B-3 Central Business district and PLI Public Lands and Institutions district. Applicant and
representative is the Downtown Bozeman Partnership for multiple landowners.
Chris Saunders begins presentation of the Downtown Zone Map Amendment. He begins by
building context of the space looking for a zone map amendment by displaying various
photographs of the area. Mr. Saunders discusses current zoning of the area proposed for
amendment.
Mr. Saunders indicates that the staff’s findings for the zone map amendment criteria are in
favor of the amendment or neutral. No negative findings were made.
Mr. Saunders indicates what is permitted in each zoning district to see how it may affect
current projects. Mr. Saunders addressed the public comments and Zoning Commission
questions that were received at the March 1, 2016 public hearing. Response is included in
the staff report.
Mr. Saunders discusses changes to the zone map amendment that were suggested, but it
would require additional noticing and delay the project, so that piece will not be included in
the application.
No questions for staff from the board.
Chris Nauman begins presentation by the applicant. He states that the goal was to change
zoning in the district to align with the rest of the downtown area. Mr. Nauman states that
when individuals go to develop or do upgrades in the area they have to go through the zone
map amendment process. He states that they are hoping to rezone the whole area instead
of piecing it together over time.
No questions for the applicant from the board.
No public comment on the zone map amendment.
Jordan Zignego abstains from the vote and steps away from the deliberation.
Julien Morice states he researched concerns regarding the change in property value and
discovered that it would not have an effect on property value as the Department of Revenue
do not look at zoning.
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Dan Stevenson states questions if the concerns presented by Empire Building Materials
were addressed. The board states that they are no longer testifying, so it appears their
concerns have been addressed.
Dan Stevenson moves to approve the Downtown Zone Map Amendment
Julien Morice seconds
Dan Stevenson states he feels these are good changes for the city. He feels the changes
seem to be appropriate and the concerns previously discussed have been alleviated.
Board unanimously approves 4-0 with 1 abstention.
F. Call meeting to order – George Thompson calls joint meeting of the
Zoning Commission and Planning Board to order.
G. Approval of Meeting Minutes: Planning Board – 2/2/2016
Paul Neubauer moves to approve the minutes
Board unanimously approves the minutes.
H. Public Comment
Erik Semish – 622 North Grand Ave. – states that he is concerned with the amount of notice he has
received with regards to tonight’s meeting. He received the public notice last night for
Commissioner Mehl states that this is the first of two meetings for the Planning and Zoning Board and
two meetings of the City Commission.
Tom Rogers states that this is an informal work session and gives an overview of the time line that will
follow.
Peter Mc Nair – 309 North 10th – States that it would have been helpful to know the timeline in advance
as it would have alleviated some immediate concern.
E. FYI/Discussion
A. Presentation from Tom Rogers regarding the UDC Update
Tom Rogers begins presentation of the UDC Update.
Provides insight on what he will cover in his presentation and advises the public on where they can find
materials on the web. Mr. Rogers states that they are wrapping up phase 1 of a 2 phase project.
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Mr. Rogers states that the goal is to implement the North 7th plan utilizing the building code. The plans
were prepared 10 years ago and have not been implemented.
Mr. Rogers displays the current zoning of the midtown district. He states all properties are within the
city – there are no county holdings.
Mr. Rogers states that the city is looking to change the B2 zone to a B-2M which will allow a residential
component. He also indicated that there will be an R-5 zoning district – which will be primarily
residential with the ability for some commercial properties, like a local coffee shop. Mr. Rogers indicates
some PLI properties to match what is currently in place.
Dan Stevenson questions what the difference would be between R-5 and REMU.
Mr. Saunders states that the REMU has a much broader range of uses – hotels, etc. R-5 on the other
hand is much more specific to small commercial.
Mr. Rogers indicates the overlap with the NCOD.
Mr. Rogers displays map and explains the block frontages for each property.
Mr. Rogers explains how the mixed use areas will work and that on the street level, it will be
commercial. He indicates that they will be decreasing the setback on North 7th, but maintaining the
landscaped yards on the side streets.
Mr. Rogers states that the district ends at Oak because the character changes as you go up Oak and
allows for manufacturing.
Mr. Rogers states that the B-2M will be allowed to be applied outside of North 7th using a zone map
amendment, but the block frontages will need to be established for those areas.
Jerry Pape questions the thought behind some of the zoning and connectivity. Mr. Rogers elaborates on
Aspen being a Festival street and how the city will work to make that happen.
Mr. Pape states that he believes the festival street should be further to the North where there is more of
a chance for connectivity. Board discusses where the festival street should be located.
Community member states that they currently uses that street for connectivity to North 7th. Mr. Rogers
mentions that the goal was to be able to allow Aspen to be shut down for events, where you couldn’t
shut down North 7th.
Mr. Rogers discusses the difference with landscape frontage and that buildings are permitted to be a
little taller.
Mr. Rogers discusses how current setbacks inhibit the ability to have additional parking in the rear of
buildings. He provided examples of how it affects development for certain buildings.
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Mr. Rogers begins discussing how parking is the biggest impediment to commercial buildings. He states
that they are not proposing any changes to the residential parking requirement, but there are options
for changes to parking.
Mr. Garberg states there should be less parking required. If the consultants are already telling him that
parking is one of the main deterrents to developing, that
Mr. Pape adds that we should move towards parking structures instead of parking lots.
Ms. Waterton states that all parking should be on the rear to create the connectivity and to generate
activity. Putting parking between buildings
Board continues discussion regarding parking and concerns.
Julien Morice states that we should explore a pedestrian strip before determining that Aspen is the right
strip for the festival street.
Discussion regarding whether Aspen will constrict the festival street from expanding or if that is the goal
– to keep it constricted.
Mr. Thompson states that the City needs to explore parking further before moving further with a festival
street.
Mr. Pape said that they need to be proactive about parking unlike they have been Downtown.
Mr. Neubauer stated that the area needs to develop before they determine parking. He is not sure how
a festival street will work – as retailers do not like those events, they are advantageous for bars and
restaurants.
Board suggests incentivizing the first handful of businesses in the area to create a zone to draw people
in.
Mr. Rogers moves conversation to building height. He states the proposed height for R5 is 4 stories –
currently 3 stories are permitted. He states that B-2M proposes 4 stories with a setback 5th floor. He
discusses encroachment into height limit by 10% of the ground floor space.
Mr. Saunders states that it is worth noting that there is currently the same provision in place currently, it
is just worded different, with regards to height.
Mr. Rogers states that there was a thought to remove height limits all together, but the City was not
comfortable with that.
Mr. Rogers discusses density for proposed new zoning districts.
Mr. Rogers states that the design objectives plan still stands and will be addressed in Phase 2.
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Mr. Rogers discusses Departures from the norm and what changes R-5 will bring to residential space and
changes that B-2M will allow. Mr. Rogers indicates that in B-2M, all residential space needs to be built to
13 foot ceilings and 20ft deep to accommodate future commercial use.
The board discusses whether the 20ft minimum is enough. Mr. Pape says it needs to be more than 20ft.
Mr. Morice states that the market will build to larger.
Mr. Rogers wraps up his presentation of the rezoning of North 7th.
Mr. Thompson questions if anyone has any further discussion on the zoning aspect of the proposal.
Mr. Saunders mentions that each project and site is different. With regards to minimums, it is to allow
different project to work on different sites.
Public Comment – she feels that the City stating that setbacks and landscaping are not valuable is risky.
Public Comment – Comments that the requirement for parking is encouraging the sprawl that is
happening. He proposes density downtown and parking will happen – in cities all over the country
people walk 10 blocks to get to events.
Public Comment – Questions if there is any plan to update biking and pedestrian traffic on North 7th.
David Fine states that they are working currently to set back the sidewalks to make it more pedestrian
friendly and next time the road is paved to address bike lanes. They are also working to improve the
BMX park.
Public Comment – it’s important to make it pedestrian friendly as there are many individuals without
vehicles in the area.
Public Comment – Questions regarding continuing roads. Mr. Rogers responds that they are trying to
develop street grids and complete roads as properties get developed. Mr. Rogers states that street right-
of-ways are required to move forward with development of certain properties in the area.
Mr. Pape mentions that the two large properties bordering North 7th have no interest in developing, so
the plans may be counterintuitive. We should however think forward.
Mr. Rogers discusses the other components to the Phase 1 of the Update. He mentions that we
currently have designated Entryway Corridors – he discusses changes to designated Class 1 and Class 2
corridors. Main change by adjusting Class 1 vs. Class 2 is the size of the setback from 50 foot to 25 foot.
Board seems to approve of the change from Class 1 to Class 2. Mr. Pape discusses issues with current
issues with the entry way corridor. Mr. Pape feels that consumers prefer parking in the front for easier
access.
Mr. Rogers discusses the changes to the UDC with regards to the Wetlands Review Board. Proposal is to
remove the Wetlands Review Board and turning it over to a consultant. Mr. Pape comments that he
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would supports the change, but that he feels it should be required on the Planning Board that
appointees be qualified as the WRB members needed to be.
Mr. Rogers discusses changes to plan review. Mr. Rogers states that the proposed plan requires
complete project being submitted and that staff will no longer be filling in the blanks along the way.
They will be holding the development community to do their work prior to submission. He states there
are some exceptions. Presents the three main changes to the review process: noticing, DRC will not
make a recommendation until the project complies with City Code and Concept Plan Review required.
Mr. Pape states we should change noticing to reach a broader audience. Mr. Rogers states that we
currently exceed state minimums for noticing. We are always trying to improve. Mr. Rogers stated that
to some extent being acutely aware of the zoning and city plans currently in place, any future
development should not be too surprising as there are certain things that are inherently permitted in
certain zones.
Board discusses adjustments to the DRC process. Mr. Rogers indicates that the goal is streamline the
process and to have developers come forward with complete projects.
Mr. Pape mentions that the current DRC process is based on negotiating.
Mr. Rogers discusses the requirement for a concept plan review being required. Various departments
would review projects and provide written feedback.
Mr. Rogers states that we are currently doing this process, we are looking to update the code to match
it. Mr. Rogers discusses how it will improve efficiency and save time for applicants.
Board continues to discuss changes to development review.
Mr. Pape suggests creating a flow chart – Mr. Saunders advised him that we just completed one.
Public Comment – It would be beneficial to have comments that come back from various departments
be routed in code so that there is an understanding why it is required.
Mr. Pape suggests testing the new process to avoid getting multiple answers from different people.
Noted to include election of new officers for planning board at the next meeting.
F. Adjournment – Mr. Thompson adjourns the Planning Board. Mr. Garberg
adjourns the Zoning Commission.
For more information please contact Alicia Kennedy at akennedy@bozeman.net
This board generally meets the first and third Tuesday of the month at 6:00pm
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 582-2301).
219
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November 11, 2015
Mr. Anthony Tangaro, General Manager
Empire Building Materials, Inc
608 E Main, P.O. Box 220
Bozeman, MT 59771-0220
RE: Zoning for 608 E. Main, Parcels 06-0799-07-1-03-25-0000, 06-0799-07-1-03-
35-0000, and 06-0799-07-4-56-20-0000
Dear Mr. Tangaro,
This letter is in response to your request for confirmation that the letter written to
you on March 12, 2012 by the Director of Planning and Community Development,
Tim McHarg, continues to be the interpretation of the Department of Community
Development regarding the legal non-conforming status of the use of the parcels
identified above. Mr. McHarg’s letter, attached for your convenience, remains valid
with regard to:
the continued use of the site in the existing manner,
the effect that rezoning the parcel to B-3 (Central Business District) would
have on your existing uses,
the parking provisions regarding B-3 parcels remain in effect, and
the review process and need for compliance that would be required if
modifications were proposed to the existing buildings/uses on these parcels.
If you have any additional questions, please contact either myself or Mr. Brian
Krueger, Development Review Manager, at 406-582-2260.
Sincerely,
Wendy Thomas, AICP
Director, Community Development
encl. March 12, 2012 letter to Tangaro from McHarg
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ARTICLE 32. - NONCONFORMING SITUATIONS
Sec. 38.32.010. - Nonconforming uses.
A. Any use lawfully existing upon the effective date of the ordinance from which this chapter or any
predecessor title or code is derived may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified, or in the case of signage as specified in
article 28 of this chapter.
B. Except as otherwise specified in this article, the right to operate and maintain a nonconforming use
shall terminate when the structure or structures housing such use are destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction. However, in the
event of damage by natural disaster to the extent described herein, said nonconforming use or uses may be reestablished through a conditional use permit procedure as set forth in article 19 of this
chapter. Such restoration shall comply to the maximum extent reasonably feasible with the requirements of this chapter.
C. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
D. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period of 90 days, any future use of the building, structure or land shall be in conformity with the provisions of
this chapter.
E. Normal maintenance of a building or other structure containing or related to a lawful nonconforming
use is permitted, including necessary structural repairs, provided such structural repairs do not enlarge, intensify or otherwise redefine the nonconforming use.
(Ord. No. 1645, § 18.60.010, 8-15-2005; Ord. No. 1693, § 21(18.60.010), 2-20-2007; Ord. No.
1830, § 36, 9-24-2012)
Sec. 38.32.020. - Changes to or expansions of nonconforming uses.
A. Lawful nonconforming nonresidential use.
1. A lawful nonconforming nonresidential use shall not be changed except in conformance with the
use requirements of the zone in which it is located. Except, however, a lawful nonconforming nonresidential use may be changed to another nonconforming use, provided that the proposed
use is not of greater intensity than the original use, as determined by the criteria in 38.32.020.A.2, and that a conditional use permit is obtained from the review authority. A lawful
nonconforming nonresidential use may be expanded only through the granting of a conditional use permit by the review authority. In considering the appropriateness of the conditional use
permit application, the review authority shall weigh the criteria set forth in subsection B of this section. In addition, the review authority shall consider whether the expansion is reasonable,
natural and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses shall not be approved if the expansion would encompass new land
or property which was not in use at the time of the enactment of zoning or a change in zoning.
2. To approve a conditional use permit to change or expand a nonconforming nonresidential use,
the review authority shall determine that the proposed nonconforming use is more appropriate to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions
are perpetuated. In making such a determination, the review authority shall weigh the following criteria in addition to the criteria applicable to all conditional use permits:
a. Traffic impacts, both on-site and off-site;
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b. Off-street parking and loading requirements;
c. The visual impact on the surrounding area;
d. The degree of compliance with the adopted growth policy and this chapter;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be mitigated;
h. The viability of the subject structure; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zoning designation,
through the review process required by articles 16, 17, and 19 of this chapter, without the need to obtain a conditional use permit from the review authority. A lawful nonconforming residential
use shall not be permitted to increase the number of dwelling units.
2. The maintenance and reconstruction of existing nonconforming residential dwelling units is
allowed, in compliance with applicable fire and building codes, including expansion of up to 20 percent of the existing total residential area, without the need of a conditional use permit, as
long as the number of dwelling units on the lot is not increased. In instances where new construction is allowed, all appropriate approvals such as a certificate of appropriateness or
building permit shall be obtained prior to the initiation of construction.
(Ord. No. 1645, § 18.60.020, 8-15-2005; Ord. No. 1693, § 21(18.60.020), 2-20-2007; Ord. No. 1828, § 96, 9-10-2012)
Sec. 38.32.030. - Nonconforming area and bulk requirements for existing lots.
A. At the time of the enactment of the ordinance from which this chapter is derived if any owner of a plot
of land consisting of one or more adjacent lots, as defined in article 42 of this chapter, in a subdivision of record does not own sufficient land within the lot of record to enable the owner to
conform to the minimum lot size requirements, or does not have sufficient lot width to conform to the minimum lot width requirements, such plot of land may nevertheless be used as a building site. The
lot dimension requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot, with such
reduction to be determined by the review authority designated in 38.34.010. Existing buildings on nonconforming lots may be expanded without deviations or variances so long as the expansion does
not increase or create one or more nonconformities.
1. In the R-S, R-1 and R-2 districts, the reduction shall permit only a single-household residence.
2. In the R-3, R-4 and R-O districts, the reduction shall permit only a duplex.
B. No lot, even though it may consist of one or more adjacent lots in common ownership at the time of
passage of the ordinance from which this chapter is derived, shall be reduced in size so that lot width or size of yards or lot area per household or any other requirement of this chapter is not maintained
except as provided for in this chapter. This section views lots as merged for the purposes of planning and zoning regulation of bulk, size, or similar dimensional standards only, and does not aggregate
individual parcels of land in a manner affected by MCA 76-3-103(17)(b). This section shall not apply when a portion of a lot is acquired for a public purpose.
C. Adjacent parcels which do not conform to minimum lot requirements, and which are in common ownership, shall be considered individual lots of record for the purposes of this code only if they are
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each greater than one acre in size and were created prior to the passage of the ordinance codified in this chapter.
(Ord. No. 1645, § 18.60.030, 8-15-2005; Ord. No. 1693, § 21(18.60.030), 2-20-2007; Ord. No.
1828, § 97, 9-10-2012)
Sec. 38.32.040. - Nonconforming structures.
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance from which this chapter is derived may be continued at the size and configuration existing upon such date
except as hereinafter specified, or in the case of signage as specified in article 28 of this chapter and lighting as specified in 38.28.200.
B. The right to operate and maintain a nonconforming structure shall terminate when the structure is destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of
destruction. However, in the event of damage by natural disaster to the extent described herein, said nonconforming nonresidential structure may be reestablished through a conditional use permit
procedure as set forth in article 19 of this chapter. Such restoration shall comply to the maximum extent feasible with the requirements of this chapter.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary structural repairs provided such structural repairs do not enlarge the structure or intensify the use.
(Ord. No. 1645, § 18.60.040, 8-15-2005; Ord. No. 1693, § 21(18.60.040), 2-20-2007; Ord. No.
1830, § 37, 9-24-2012)
Sec. 38.32.050. - Changes to or expansions of nonconforming structures.
A. A lawful nonconforming structure shall not be changed except in conformance with the requirements of the zone in which it is located or as provided in this article.
B. A lawful nonconforming structure may be expanded through the plan review process required by articles 16, 17 and 19 of this chapter. Unless the proposed expansion would create a new
nonconformity or increase an existing nonconformity, no deviation or variance is required for the expansion.
C. If a lawful nonconforming structure is proposed to be changed or expanded in a manner which would increase the degree of nonconformity, or would create a new nonconformity, a deviation or variance
shall be properly granted prior to or in conjunction with the site development approval required in articles 16, 17, and 19 of this chapter.
D. The maintenance and reconstruction of existing nonconforming residential structures is allowed, in compliance with applicable fire and building codes, as well as, the provisions of this article, so long
as the number of dwelling units on the lot is not increased. Maintenance activities may not increase the degree of nonconformity.
(Ord. No. 1645, § 18.60.050, 8-15-2005; Ord. No. 1693, § 21(18.60.050), 2-20-2007)
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