HomeMy WebLinkAbout03-22-19 Public Comment - Maxey Limited Partnership - Ruh Building Site Plan & CUPMarch
22,
2019
Maxey
Limited
Partnership
4391
East
Raven’s
Ridge
Drive
Columbia,
MO
65201-‐3113
RE:
Ruh
Building
Site
Plan
and
Conditional
Use
Permit
605
North
Seventh
Avenue,
Bozeman,
MT
59715
SUP/SP
Applications
Application
18423/18422
To:
Addi
Jadin
City
of
Bozeman
Department
of
Community
Development
PO
Box
1230
Bozeman,
MT
59771-‐1230
We
are
writing
in
regard
to
our
concerns
related
to
the
proposed
Ruh
Building,
and
issues
associated
with
growth
in
the
Midtown
area
and
Bozeman
in
general.
We’ll
begin
by
recapping
the
major
building
proposals
for
Midtown
that
have
come
to
light
in
the
past
few
months;
they
are
as
follows:
Missoula’s
Logjam
proposed
developing
a
Bozeman
venue
in
Spring
of
2018,
and
received
final
approval
to
build
the
ELM,
a
1500
person
capacity
music
venue
at
506
North
Seventh
Avenue.
In
addition
to
the
1500
seating
capacity
for
the
venue,
these
numbers
will
increase
when
ELM
employees,
musicians,
performers,
support
staff,
and
caterers
are
added
to
the
total
head
count.
Parking
is
not
required
or
provided
on
site
under
the
“zero
parking”
requirements
within
Midtown.
As
we
understand
it,
ADA
parking
spaces
are
not
provided
on
site.
Limited
parking
is
available
at
the
adjoining
RSVP
Motel,
based
on
agreement,
according
to
City
Planning.
Planning
is
not
aware
of
a
parking
agreement
with
the
BPSD/Whittier
School,
therefore
spaces
cannot
be
applied
at
that
site.
Apparently
all
other
parking
required
for
the
ELM
will
be
located
“on
street”
as
overflow.
Currently,
the
venue
anticipates
hosting
a
minimum
of
80
concerts
per
year,
in
addition
to
other
events,
including
parties,
community
events,
etc.
These
concerns
in
large
measure,
are
moot
points
in
one
sense,
as
the
ELM
was
approved,
yet
without
question
these
issues
will
impact
the
area
for
as
long
as
the
building
stands.
Recently,
the
proposed
mixed-‐use
Ruh
Building
located
at
605
North
Seventh
Avenue,
was
publicized
at
slightly
over
34,000
square
feet
[Bozeman
Daily
Chronicle
(BDC)
January
6,
2019).
Based
on
conversations
with
Bozeman
Fire
Marshall,
Scott
Mueller,
the
occupancy
load
for
the
Ruh
Building
is
projected
to
be
226
persons.
The
site
plan
indicates
on-‐site
parking
is
limited
to
26
spaces.
Shortly
thereafter
Aspen
Crossing
was
publicized
in
the
BDC,
which
measures
approximately
74,000
square
feet
by
plan.
The
mixed-‐use
building,
located
on
the
north
side
of
Aspen
will
be
situated
between
North
Fifth
and
Seventh
Avenues.
The
building
will
house
retail
space
and
restaurant(s)
on
the
first
floor,
offices
on
the
second
floor,
with
condominiums
planned
for
the
third
floor.
The
proposed
parking
accommodation
on
site
is
94
spaces,
with
an
additional
66
spaces
“designated”
as
on
street
parking,
according
to
the
Planning
Office.
March
10,
2019
we
read
of
another
proposal
in
Midtown,
the
West
Peach
Condos.
At
this
point
in
the
proposal,
it
appears
the
developer
has
taken
into
account
a
reasonable
amount
of
parking
by
providing
a
two
car
garage
for
each
of
the
17
unit
condominium.
In
general
terms,
we
gather
Mr.
David
Fine,
City
(of
Bozeman)
Economic
Development
Specialist,
has
been
the
major
push
behind
the
“zero
parking”
requirements
within
Midtown.
The
BDC
reported
on
the
September
18,
2017
Bozeman
City
Commission
Meeting,
and
indicated
that
Commissioner
Pomeroy
seemed
concerned
that
if
large
developers
usurped
all
parking
spaces
in
the
future,
would
there
be
a
plan
in
place
to
counter.
Mr.
Fine
replied
that
the
district
was
seeking
public
parking.
Further,
he
thought
“the
urban
renewal
board
was
well
aware
that
if
they
are
as
successful
as
they
hope
to
be,
there
will
be
a
need
to
initiate
action
to
provide
public
parking.”
It
only
seems
logical
that
a
music
venue
of
1500+
would
require
additional
parking,
and
therefore
perhaps
be
sited
elsewhere.
This
begs
the
question,
are
current
residents
in
the
area,
expected
to
bear
the
brunt
of
parking,
and
late
night
noise
associated
with
concert
parking?
Bozeman
does
have
a
noise
ordinance,
so
will
the
ordinance
be
a
protective
measure
for
residents
disturbed
by
incidents
of
late
night
revelry?
Are
residents
to
buy
permits
for
their
homes
as
they
do
in
and
around
Bozeman
High
School
and
Montana
State
University?
Again,
we
understand
approval
has
been
obtained,
however,
we
wonder
where
the
public
parking
accommodation
will
be
designated
since
private
parking
is
non-‐existent?
Ed
Meese,
Director
of
Parking,
indicated
a
feasibility
study
for
the
community
is
in
process.
We
look
forward
to
hearing
of
potential
Midtown
solutions.
(As
a
thought,
perhaps
parking
could
be
leased
at
the
Gallatin
County
Fairgrounds,
with
a
bus
system
employed,
shuttling
venue
goers
to
and
from.)
The
irony
of
the
“zero
parking”
required
for
Midtown,
of
course,
is
that
there
exists
a
long
established
business
in
Bozeman
that
would
like
to
add
a
very
modest
addition
to
their
building,
yet
have
to
increase
their
parking
space
requirement
per
code
in
order
to
do
so.
Their
entire
building
has
approximately
the
same
square
footage
as
one
floor
of
the
Ruh
Building.
This
seems
to
be
a
variance
issue,
in
opposition
to
the
zero
parking
for
any
Midtown
structure.
There
should
be
a
modicum
of
spaces
provided
by
the
developer
on
site
within
Midtown.
Conversely,
a
longstanding
50+
year
business
owner
should
not
be
disadvantaged
to
the
point
of
precluding
an
addition.
Logic
should
prevail.
Addressing
the
broad
scope,
articles
appearing
in
the
BDC
indicate
the
City
of
Bozeman
is
struggling
with
overall
parking
issues
in
other
areas
of
town.
Questions
have
arisen
over
parking
spaces
in
the
Bridger
Downtown
Parking
Garage
based
on
a
proposal
of
HomeBase
Partners
to
lease
107
spaces
for
25
years.
Pushback
from
downtown
business
and
property
owners
were
voiced
to
the
Parking
Commission,
concerned
about
access
for
their
customer
base.
Additionally,
it
is
our
understanding
that
MAP
Brewing
Company
was
approved
with
minimal,
but
within
code
on-‐site
parking.
Therefore,
customers
began
parking
on
Manley
Road,
creating
problems
as
far
back
as
2016,
as
reported
by
the
BDC.
Citizens
in
attendance
at
a
recent
City
Commission
meeting
felt
the
newly
created
Manley
Road
improvement
SID
had
more
to
do
with
parking
than
transportation.
We
have
now
learned
that
several
Bozeman
businesses
have
sued
the
City
regarding
the
SID
creation.
During
a
recent
conversation
with
Mr.
Fine,
he
referred
to
the
parking
issue
as
“tenant
agnostic,”
an
interesting
term
indeed.
This
implies
the
City
has
abrogated
its
responsibility
to
the
existing
citizenry
and
the
now
quiet
enjoyment
of
their
homes
in
the
evening
based
on
the
residential
/
ELM
commercial
parking
interface.
The
proposed
Ruh
Building,
based
on
close
proximity,
will
overlap
with
much
of
the
same
off
site
parking,
both
east
and
west
of
North
Seventh
and
within
existing
residential
areas.
Is
the
City
Commission
going
to
allow
this
increase
pressure
on
area
residents?
We
are
not
against
encouraging
development,
or
enhancing
the
North
Seventh
corridor.
We
do
believe,
however,
there
is
a
need
for
reasonable
provided
on-‐site
parking.
The
responsibility
should
not
solely
lie
on
the
shoulders
of
adjoining
property
owners,
or
residential
areas
for
commercial
parking
ventures.
Where
is
the
responsibility
of
a
developer
in
providing
the
majority,
or
even
half,
of
needed
on
site
parking
in
Midtown?
Furthermore,
although
there
may
currently
be
parking
agreements
in
place
with
other
businesses,
those
agreements
do
not
guarantee
an
infinite
time
frame.
What
will
be
the
approach
in
five
years,
or
ten,
when
the
lessor
business
decides
to
make
a
change,
or
another
development
desires
that
parking
slot?
And
as
referenced
with
the
MAP
Brewing
Company,
if
business
is
brisk,
and
the
designated
occupancy
load
is
exceeded,
what
then?
We
are
not
advocating
a
design
for
100%
occupancy
load,
however
a
happy
medium
should
be
struck.
Referring
to
the
Ruh
Building,
26
spaces
do
not
adequately
service
one
function
of
the
building,
let
alone
all.
(The
first
floor
brewery/commercial
space
was
estimated
at
an
occupancy
load
of
125,
the
rooftop
seating
another
45,
each
floor
of
the
apartment
quarters
28,
for
a
total
of
56
between
the
second
and
third
floors.)
Mr.
Fine’s
further
suppositions
are
that
1)
not
everyone
in
Bozeman
owns
a
vehicle,
ie.
MSU
students,
and
2)
public
transportation
will
accommodate
those
who
do
not.
There
is
no
doubt
that
not
all
MSU
students
bring
vehicles
to
Bozeman.
This
point
was
conceded
with
Mr.
Fine
based
on
experience.
Based
on
experience
however,
many
of
the
students
without
vehicles
in
all
likelihood
live
in
dorms
or
close
to
campus.
Furthermore,
with
regard
to
public
transportation,
Bozeman
is
not
Chicago,
or
NYC.
Bozeman
is
not
well
served
with
a
comprehensive
public
transportation
system,
routes,
and
schedules.
Residents
still
drive
in
Bozeman,
whether
they
use
their
own
vehicles
daily
within
the
confines
of
the
city
or
not;
therefore,
parking
remains
a
determining
factor.
Although
Mrs.
Ruh
believes
that
providing
one
parking
space
per
apartment
(16)
is
sufficient,
Fire
Marshall
Mueller
assumes
2
people
will
occupy
the
one
bedroom
units,
while
4
people
are
expected
to
occupy
the
two
bedroom
units.
What
about
parking
for
guests?
Between
the
brewery
and
apartments,
the
guests
will
always
walk
from
where?
Perhaps
we
should
not
be
concerned
about
their
business
plan.
We
submit
it
is
inevitable
that
illegal
parking
on
private
property
will
occur,
which
will
necessitate
towing.
Who
then
will
be
blamed?
The
non-‐cooperating
businesses
and
private
landowners
no
doubt,
and
just
maybe
the
business
that
was
visited
in
the
first
place,
in
this
case,
the
Ruh
Building.
Speaking
to
the
planner
of
record,
we
were
told
that
street
parking
on
West
Durston
Road,
West
Peach
and
North
Seventh
would
alleviate
parking
needs.
Contrary
to
what
we
were
told,
and
based
on
personal
knowledge,
West
Durston
Road
is
a
designated
bike
path,
which
precludes
parking
on
either
side
of
the
street.
The
west
side
of
North
Seventh
Avenue
north
of
West
Durston
Road
is
a
right
turn
lane
to
West
Durston
Road,
which
again
precludes
parking.
Based
on
curb
cuts
and
the
turn
lane,
there
are
several
parking
spots
well
north
of
the
proposed
Ruh
Building,
with
more
substantial
spaces
in
front
of
U-‐Haul.
West
Peach
street
parking
is
out
of
the
question
as
well.
Eastbound
West
Peach
currently
has
a
bike
path.
We
learned
after
speaking
to
a
State
of
Montana
MDT
Engineer,
that
westbound
West
Peach
is
slated
to
be
widened
for
a
right
turn
lane
onto
North
Seventh
Avenue.
So,
although
there
may
currently
be
minimal
parking
on
West
Peach,
re-‐engineering
will
change
that
number
to
zero.
Both
Mr.
Fine
and
Ms.
Jadin
referenced
their
wish
for
the
North
Seventh
corridor
to
function
much
the
same
as
downtown
Bozeman,
Main
Street.
The
reality
is
that
North
Seventh
Avenue
is
part
of
the
National
Highway
System,
officially
designated
as
N412,
commonly
referred
to
as
part
of
the
I-‐90
business
loop.
As
it
stands,
the
State
of
Montana
controls
the
road,
and
therefore
foots
the
bill.
If
North
Seventh
Avenue
is
to
be
transformed
into
a
pedestrian
area,
it
would
necessitate
traffic
lights
at
each
block,
a
change
in
speed
limits,
and
ultimately
giving
up
the
NHS
designation.
Of
course
we’ve
already
discussed
street
parking,
or
lack
thereof,
on
North
Seventh,
an
integral
part
of
the
Main
Street
feel.
Presently
any
proposed
changes
are
reviewed
extensively
by
the
State
based
on
need.
Proposals,
of
course,
need
to
be
warranted
and
justified,
and
approved
only
if
not
adversely
impacting
the
function
of
North
Seventh
Avenue.
The
proposed
Ruh
Building
adjoins
the
alley
to
the
west
behind
North
Seventh
Avenue.
Initially
it
was
our
understanding
the
Ruhs
were
to
improve
the
alley
from
West
Durston
Road
to
Aspen,
in
part
or
in
whole
using
TIF
funds.
Later
Colin
Ruh-‐Kirk
stated
that
the
City
Planner
had
changed
that
requirement
to
West
Durston
Road
north
to
the
north
end
of
the
Ruh
lots.
If
the
latter
is
accurate,
what
is
the
rationale
for
the
change,
and
who
then
will
be
held
responsible
for
the
balance
of
alley
improvements
from
the
Ruh
northern
property
line
to
Aspen
Street?
Have
these
questions
been
addressed,
and
if
so,
why
have
the
public
and
surrounding
property
owners
not
been
privy
to
that
information?
In
conclusion,
although
we
find
the
facade
of
the
Ruh
Building
aesthetically
pleasing,
our
parking
concerns
over-‐ride
this
project,
as
presented.
Additionally,
o ne
cannot
look
at
the
Ruh
Building
proposal
in
isolation,
but
in
concert
with
the
ELM.
Potential
overlap
parking
areas
are
inevitable,
pushing
“overflow”
vehicles
further
and
further
into
residential
areas
and
the
business
and
private
property
owners
who
do
not
wish
to
participate
in
parking
agreements
with
the
Ruh
Building.
Given
the
aforementioned
concerns
and
related
implications,
it
appears
that
Bozeman
City
planners
are
failing
to
act
responsibly
in
serving
the
interests
of
the
broader
community,
but
instead
are
intent
on
development
per
se.
Thoughtful
planning
now,
will
ensure
more
successful
development
of
the
area
for
the
future.
Respectfully
submitted,
The
Maxey
Limited
Partnership
CC:
Mayor
Cyndy
Andrus
Deputy
Mayor
Chris
Mehl
Commissioner
I-‐Ho
Pomeroy
Commissioner
Jeff
Krauss
Commissioner
Terry
Cunningham
Ruh
Bldg.,
2019.03.22