HomeMy WebLinkAbout6-11-2020 - Public Comment - J. Bremmer - 2020_0611_LtrToPlanning GALLIK, BREMER & MOLLOY, P.C.
Attorneys at Law
777 East Main Street, Suite 203
Post Office Box 70
Bozeman, Montana 59771-0070
(406) 404-1728
June 11, 2020
Marty Matsen
Director of Planning & Community Development
Chris Saunders
Community Development Manager
Bozeman Planning Division
20 East Olive Street, ls'Floor
Post Office Box 1230
Bozeman, Montana 59715 VIA EMAIL AND USPS
RE: B-3 Zoning Change—Expanding Allowable Uses in Downtown District as Recommended by the
Downtown Improvement Plan
Dear Marty and Chris:
This letter is in response to proposed changes to the City's Unified Development Code ("Code")
and expansion of allowable uses in the Downtown District related to storefront block frontages. As noted
in the Planning Division's summary introducing the proposed Code changes, the changes are
recommended to ensure the accessibility and walkability of Downtown Bozeman as provided in the
Downtown Bozeman Improvement Plan, but also to correct conflicting language in the Code regarding
ground floor offices and to expand allowable uses in Downtown.' Support for the changes from the
Downtown Bozeman Improvement Plan includes the following:
-"Daytime workers are vital to healthy downtown areas.They bring consistent pedestrian life
to the area and frequent local businesses and restaurants."
-"...there is demand for approximately 250,000-350,000 square feet of office space,including
100,000 square feet for the professional,scientific and technical services industries in
Downtown by 2045."
-"It is important to maintain high-volume pedestrian uses on the ground level in the Core
Area...but allowing more use flexibility in the rest of the 133 zone including side streets and
alleys would benefit the district."z
While the proposed Code changes in the Draft Language on the UDC Community Platform are
appreciated,they do not accommodate existing Downtown buildings with retail storefronts fronting
1 htttpj www.bozemaninetj 1planning/udc-discussions/edits-to-implement-downtown-improvement-plan-2721
(accessed June 10, 2020).
1 Id.
Main Street and additional space to the rear of storefronts that do not have primary access from an
alley. The building at 9 East Main Street is one such example,and I understand there are a number of
other similarly situated buildings. Main Street Overeasy and a barber shop have operated for many
years behind the retail storefront at 9 East Main. However,there is no guarantee these uses will
continue indefinitely and flexibility is needed to allow professional office space to the rear of the 9 East
Main storefront,and for other buildings with similar layouts,to ensure the viability of these existing
buildings in the Downtown Historic"Core Area".
While Main Street Overeasy,a Bozeman institution,has recently renewed its lease for another ten
years,the barber shop has recently vacated its space. Without exposure to Main Street,neither space
is practically suited for retail. Of further concern,brick and mortar retail continues to face challenges
from online commerce and other factors3,coupled with the COVID-19 pandemic. If Main Street
Overeasy were to ever vacate,another restaurant or retail user may not occupy the space, rendering it
unmarketable and the building no longer economically viable. To allow flexibility with respect to the
use of these ground floor spaces,and similar spaces in other Downtown buildings,additional language
is needed in the Code to allow professional offices to be located to the rear of storefronts that do not
have primary access from an alley. The text in blue following the proposed Code change in red is a
suggestion.
Sec. 38.300.110. - Commercial and mixed-use zoning districts—intent and purpose.
D. Downtown district (downtown 8-3). The intent of the downtown B-3 business district is to
provide a central area for the community's business,government service and cultural activities with
urban residential development as an essential supporting use. The downtown B-3 district should
be the area of greatest density of development, intensity of use, and appropriate infill. Design
standards reinforcing the area's historical pedestrian-oriented context are very important.
This district encourages 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 downtown B-3 area outside the above
defined core or within the core when the business' primary access is from an alley or to the rear of
other commercial uses fronting Main Street.°
The intent is not that the commercial frontage be mere window dressing. The following modified
language for Tables 38.310.040.13 and 38.310.040.1)could be applied or similar language that allows
the needed flexibility to accommodate existing buildings Downtown,while maintaining uses and
storefronts that contribute to the vitality of Downtown.
N.,.,_.-e S:.,1entiG1 .5 9 (e:*-ept c. 19-h ie6 „ iGted With r sideentiai uses) General sales uses as
provided in Table 38.310.040.13,and permitted industrial and wholesale uses a provided in Table
38.310.040.D, and lobbies associated with office uses as otherwise allowed in the Code are
required on the ground floor to a minimum depth of 20 feet from front building fagade on properties
adjacent to designated storefront streets per section 38.500.010.
'Derek Thompson, "What in the World Is Causing the Retail Meltdown of 2017?In the middle of an economic recovery,
hundreds of shops and malls are shuttering.The reasons why go far beyond Amazon.", The Atlantic,April 10, 2017,accessed
June 11,2020, https://www.theatiantic.com/business/archive/2017/04/retail-meltdown-of-2017/522384/.
4 Additional language to accommodate professional offices located to the rear of storefronts that do not have primary access
from an alley,which is existing condition in the downtown core. See 9 E Main Street.
2
Addressing the foregoing and providing language that specifically contemplates professional offices to
the rear of existing commercial frontage in Sec.38.510.030.,the block frontage standards,would provide
much needed clarity in the Code and notice to building owners and the public with respect to what is
allowed.
Whether the above suggested language is used, or another approach, what is critical is that the Code
changes accommodate existing circumstances and buildings in Downtown Bozeman to allow flexibility
that is not currently included in the Draft Language to the Code on the City's UDC Community Platform.
On behalf of my client, a Downtown building owner, we appreciate your consideration of this request
for additional changes to the Code to accommodate and provide flexibility for existing conditions
Downtown. Please do not hesitate to contact me if you have any questions with respect to this request, or
if there is any additional information that we may provide in support of it.
Respectfully,
0GA ' K, BREMER,& MOLLOY, P.C.
. Bremer
y at Law
c: Mayor Chris Mehl, Commission Liaison,CMehl@BOZEMAN.NET
Deputy Mayor Cyndy Andrus, CAndrus@bozeman.net
Commissioner I-Ho Pomeroy, IPomeroy@bozeman.net
Commissioner Terry Cunningham, TCunningham@bozeman.net
Commissioner Michael Wallner, MWallner@bozeman.net
Zoning Commission c/o Tom Rogers, Staff Liaison,TRogers@BOZEMAN.NET
Rob Lateiner, Virga Capital, rob@virgacapital.com
Dean Burgess, AIA, Studio H Design Inc., dburgess@studiohdesieninc.com
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