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Home My WebLink About04-18-25 Public Comment - L. Ziemer - Public Comment on Application 24174, Boutique Hotel proposed for 240 E. MendenhallFrom:Laura Ziemer To:Bozeman Public Comment Cc:Connor Parrish Subject:[EXTERNAL]Public Comment on Application 24174, Boutique Hotel proposed for 240 E. Mendenhall Date:Tuesday, April 15, 2025 3:29:56 PM Attachments:Outlook-Logo, compPublic Comment_Boutique Hotel Mendenhall_Application for Deviation.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City of Bozeman Staff and Commissioners, Thank you for the opportunity to comment on Application 24174, the application for a boutique hotel proposed for 240 East Mendenhall. I incorporate by reference the attached, thoughtful comments of Trout Unlimited's Connor Parrish, cc'ed here, regarding the negative impacts of the proposal on Bozeman Creek and the increase in flood risk to downtown Bozeman posed by the proposed development in Application 24174. 1. Adequate mitigation for encroachment into watercourse setback not provided. I also occupy office space for my firm on the 4th floor of the Bozeman Hotel, 321 East Main Street, along with Trout Unlimited, located across Bozeman Creek from the proposed development. I request that the City Commission CONDITION APPROVAL OF THE APPLICATION ON A SHOWING OF MITIGATION FOR THE HYDROLOGIC IMPACTS OF THE 30- FOOT ENCROACHMENT INTO THE 35-FOOT WATERCOURSE SETBACK THAT IS DEEMED ADEQUATE BY AFFECTED STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO TROUT UNLIMITED AND SEE BOZEMAN CREEK. Please see attached comments incorporated by reference providing detail on what would need to be addressed to constitute adequate mitigation of the hydrologic impacts of the proposed encroachment into the watercourse setback. 2. Parking proposal violates Zoning Code Section 38.540.070(6). I have one more request in addition to the above-articulated request the City Commission condition approval on a showing of adequate mitigation of the hydrologic impacts that is supported by representative stakeholders, including Trout Unlimited and See Bozeman Creek. The proposed hotel will displace the current parking lot for the Bozeman Hotel. This elimination of current parking for a thriving building housing offices and businesses will cause harm to the vitality of downtown Bozeman. Many of us have been tenants in the Bozeman Hotel, myself included, for over 20 years, paying rent, buying lunch, shopping at nearby stores, and bringing in others to frequent downtown Bozeman businesses as a result of being located in the Bozeman Hotel. Eliminating parking for the Bozeman Hotel harms the very vitality that is the reason that the proposed boutique hotel guests would pay to stay in the proposed hotel. The City has a responsibility to give meaning to Zoning Code Section 38.540.070(6) and find that a new lease on the existing Pederson Parking Lot does not constitute new parking when it displaces existing parking to a thriving corner of downtown Bozeman. Zoning Code Section 38.540.070(6) requires that "Any use which depends upon off-site parking to meet the requirements of this chapter must maintain ownership or provide evidence of a long-term lease agreement, revocable with review authority approval, running with the term of the designated use, for parking utilization of the off-site location." Compliance with this section must include a review of the long-term lease agreement preceding the proposed, new lease agreement, and consider the adverse impact on existing, thriving businesses of the termination of the existing lease agreement. Thank you for your consideration of these comments on Application 24174. Yours truly, Laura Ziemer Laura S. Ziemer, PartnerCulp & Kelly, LLP | M: 406-599-2606 Dear Bozeman City Commissioners, My name is Connor Parrish, I am a Project Manager for the non-profit Trout Unlimited, my office is 321 E. Main Street, Suite 406. I am submitting a comment on the proposed Boutique Hotel Mendenhall, App 24147: Application for Deviation. As a tenant in the old Bozeman Hotel, I currently park in the lot that is the footprint of the proposed structure. Every workday, I park and walk along the very section of Bozeman Creek included in this application. The proposed hotel is requesting a 30 ft encroachment into the 35 ft watercourse setback along Bozeman Creek for open space hard scaping and patio space, a 4 ft awning, and supporting utility infrastructure. The following paragraphs outline the reasons that the application for deviation should be denied. In my role working with Trout Unlimited I assess streams, develop plans, and implement restoration projects to restore ecological function to streams for the benefit of fish, wildlife, and local communities. Prior to working for Trout Unlimited, my master’s research focused on the movement and habitat use of trout in an urban stream. My professional background provides me with an understanding not only of how streams should function in the natural environment but also how they should function in the urban environment. Through this experience, it is my professional opinion that the current condition and alignment of Bozeman Creek needs to be addressed for the safety of city residents and the health of the community. Furthermore, the proposed hotel and outdoor space do not align with these health and safety concerns. Urban streams like Bozeman Creek suffer from several common issues which are often referred to as the “Urban Stream Syndrome”. Besides degraded habitat, excess nutrients, elevated stream temperatures, and abundant fine sediment, one of the common issues with urban streams is their elevated risk of catastrophic floods. Natural streams have floodplains; areas adjacent to the stream where flood waters can spread out, slow down, and decrease their power during a high flow event. This isn’t the case with streams like Bozeman Creek where the stream has been confined to a narrow channel, buried under buildings, and forced through undersized culverts. This means when a flood does occur, the stream is confined to a narrow channel, it becomes very powerful, and it can easily cause damage to downstream infrastructure and neighboring buildings. Another symptom of urban streams is their abundance of impervious surfaces (roofs, roads, sidewalks, etc.) that prevent rain and snow melt from being absorbed into the ground. Instead, this water quickly flows across these impervious surfaces into the stream. This means that urban streams flood more rapidly and more frequently than natural streams. Bozeman Creek is no different, and as the city grows and more impervious surfaces are constructed this will increase flood risk to the surrounding community. For this reason, I strongly oppose the proposed construction of the hotel and its associated application of stream encroachment. While I apricate the applicant’s desire to feature Bozeman Creek as an amenity, the encroachment of the outdoor space into the setback runs counter to the intent of a stream setback. These setbacks are meant to provide space to accommodate flood water and reduce potential impacts on the city. The proposed patio, awning, and utility infrastructure would occupy that space and reduce the capacity of the stream channel to convey floodwater. If the hotel wants to have an outdoor space next to Bozeman Creek, it should occur outside of the setback. My final point is that the setback of 35 ft along Bozeman Creek is likely inadequate. In a natural setting, a stream the size of Bozeman Creek would likely call for a setback of 200 ft to adequately convey flood flows and accommodate natural channel migration. I fully realize that a setback of this size is not realistic in the city, however a flood study needs to be completed for Bozeman Creek through the city to determine the appropriate setback. It is in the best interest of the community, the proposed hotel, and all future development along Bozeman Creek that such a study is completed. As a resident of Livingston who helped place sandbags and watched the community struggle through the 2022 Yellowstone flood, I think about what will happen when a real flood comes to Bozeman Creek. In summary, I park next to and walk by this section of Bozeman Creek every workday and think about what the stream should look like. I envision a future where a flood study informs development along the Bozeman Creek corridor. Where existing infrastructure is updated to adequately accommodate the stream. A public path follows the stream, connecting it to businesses that treat the stream as an amenity. I believe this hotel can coexist with this vision, however not as it is currently proposed. I urge you to deny App 24147: Application for Deviation. Sincerely, Connor Parrish, Trout Unlimited