HomeMy WebLinkAbout07-13-20 Public Comment - J. Bremer - B-3 Zoning ChangeGALLIK, BREMER & MOLLOY, P.C.
Attorneys at Law
777 East Main Street, Suite 203
Post Office Box 70
Bozeman, Montana 59771-0070
( 406) 404-1728
Mayor Chris Mehl
Deputy Mayor Cyndy Andrus
Commissioner I-Ho Pomeroy
Commissioner Terry Cunningham
Commissioner Michael Wallner
City of Bozeman I
Attn: City Commission
Post Office Box 1230
Bozeman, Montana 59771
July 9, 2020
VIA EMAIL: CMehl@BOZEMAN.NET
VIA EMAIL: CAndrus@bozeman.net
VIA EMAIL: IPomeroy@bozeman.net
VIA EMAIL: TCunningham@bozeman.net
VIA EMAIL: MWallner@bozeman.net
VIA USPS
RE: B-3 Zoning Change -Expanding Allowable Uses in Downtown District as
Recommended by the Downtown Improvement Plan
Dear Mayor Mehl, Deputy Mayor Andrus, and Commissioners:
We responded to the City's proposed changes to the City's Unified Development Code ("Code")
to expand allowable uses in the Downtown District related to storefront block frontages by letter
dated June 11, 2020 with a suggested change. You were copied on that letter. Community
Development Manager Chris Saunders responded via email with an alternative Code
amendment. See July 7, 2020 email attached as Exhibit A and incorporated by reference. We
appreciate and are amenable to the alternative amendment, a revised footnote replacing the
current restriction as reflected in Exhibit A, and respectfully request that the revision as
presented in Exhibit A be adopted. If approved, this change is expected to accommodate existing
circumstances and buildings in Downtown Bozeman and allow flexibility that was not provided by
the current Code.
On behalf of my client, a Downtown building owner, we appreciate your consideration of this request
to vote in favor of changes to the Code to accommodate and provide flexibility for existing conditions
Downtown as reflected in Exhibit A.
MOLLOY, P.C.
Encl.
c: Marty Matsen, Director of Planning & Community Development
Chris Saunders, Community Development Manager
Jacob Miller, Assistant Planning, City Planning Division, jamiller@BOZEMAN.NET
Zoning Commission c/o Tom Rogers, Commission Liaison, TRogers@BOZEMAN.NET
Rob Lateiner, Virga Capital, rob@virgacapital.com
Nate Heller, AIA, Studio H Design Inc., nheller@studiohdesigninc.com
Dean Burgess, AIA, Studio H Design Inc.,dburgess@studiohdesigninc.com
2
From:
To:
Cc:
Subject:
Date:
Jecyn,
Chris Saunders
jbremer
Jacob Miller
text amendment
Tuesday, July 07, 2020 12:58:26 PM
We have looked over your letter. Your letter is addressed with the text highlighted in yellow. This
footnote would replace the current restriction. We consider it to be more open and part of a larger
set of cleanup in the overall text related to the footnotes. The existing text limits development based
on the interaction of physical design (storefront) of the building and the proposed use. The intent of
enabling the Block Frontage approach was to lessen the constraints on uses if the physical design
was acceptable. During the evolution of the text during the 2018 readoption the intent was not fully
executed.
We are not inclined to amend 1he intent statement which is a generalized abstract of the B-31 district.
The draft of the full ordinance, staff report, etc. should be po sted late Thursday or early Friday.
3 Use not allowed on the ground flo or of buildings in the downtown core (those properties along Main
Street from Grand Avenue to Rouse Avenue and from the alley one half block north of Main Street to the
alley one half block south of Main Street) unless visitor access is available from an alley and another use
not subject to this footnote is present to a minimum depth of 20 feet from the front building fac;;ade
adjacent to a street.
Chris Saunders, AICP I Community Development Manager
City of Bozeman I 20 East Olive St. I P.O. Box 1230 I Bozeman, MT 59771
P: 406.582.2260 I E: csaunders@bozeman net I W: www bozeman.net
The update to the Bozeman Community Plan is underway. Help shape the future
at www.bozeman.net/communityplan.
City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II,
Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code
Annotated. As such, this email, its sender and receiver, and the contents may be available for public
disclosure and will be retained pursuant to the City's record retention policies. Emails that contain
confidential information such as information related to individual privacy may be protected from
disclosure under law.
EXHIBIT
I A