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HomeMy WebLinkAbout02-22-18 Public Comment - A. Sayer - Hoover Way Subdivision & Baxter Square Park Credit 1 i Baxter Square Partners LLC 1276 N. 151h Ave. Suite 103 Bozeman, MT 59715 E g 1 February 22, 2018 RE; HOOVER WAY SUBDIVISION & BAXTER SQUARE PARK CREDIT Dear Mayor Andrus and'City Commissioners, I am the original developer (Baxter Square Partners LLC) of Baxter Square Subdivision ("Baxter Square" or "Subdivision"). When we platted the first phases of the Subdivision, we were required to satisfy the park requirements up front. Because of the density of the original Baxter Square Planned Unit development ("PUD"), the park calculation was high. Land was dedicated, and additional monies for "cash in lieu of parkland" were paid, hereafter referred to as park credits. See attached memo. There remains a balance of park credits, and as one of the original developers and owners of Baxter Square, and one of the original contributors of those credits, I am exploring opportunities for use of those park credits through annexation and subdivision of land as part of the overall plan for Baxter Square. The downturn in 2008 stopped progress on the Subdivision. Both the PUD and the preliminary plat expired. Years passed, and in 2014 1 began exploring developing the next "phase". The City of Bozeman planning staff determined that any new development would be considered a new submittal, and none of the approvals that were previously in place carried any weight. This phase 3 of Baxter Square was now considered a new subdivision requiring a new submittal. And while Baxter Square itself had an abundance of park land/credit, I was advised that I would be required to fulfill new parkland requirements. It was explained that if I annexed the property formerly known as Phase 3 into Baxter Square, I would be under the "umbrella" of that subdivision as the original developer, and thereby could benefit from the park dedication that I made in 2008. The HOA approved of my doing this, and my new development is part of Baxter Square. It is subject to and follows the same Covenants, and participates in all financial aspects of the subdivision. In 2016, Heather Davis (formerly with Bozeman City Planning, and more recently with Intrinsic Architecture) reached out to me regarding Baxter Square's park credit, which she knew I had as she was the planner for the subdivision at one time. She wanted to see if somehow the Hoover Subdivision could acquire the park credit held by the developer of Baxter Square, but they did not want to annex into or otherwise be a part of the Subdivision, its overall plan, and participate in the Covenants and financial obligations. We discussed a land trade, a purchase, and a donation. HRDC was not interested in anything but a donation on my part. I explored this with my CPA, but unfortunately there is no vehicle nor tax credit for this type of donation Y g 'I i i V Y Page 2 Hoover Way Sub. Letter i I r: II I from an LLC. I expected talk would continue when the issue of Davis and Baxter Lane was is resolved (the application was stalled because of that). It was only by chance that I learned of this attempt to assume the park credit they had once asked about acquiring through proper I; channels. The Design Review Staff Report refers to Sec. 38.27.100.A.7 as allowing the waiver of required park dedication for the Hoover Subdivision. See as follows: I If a tract of land is being developed under single ownership as a part of an overall plan, and <j t part of the tract has previously been subdivided or developed, and sufficient park land 3`I 1 dedication or cash donation in-lieu of land dedication has been provided from the area that has been previously subdivided or developed to meet the requirements of this section for the entire tract being developed, the city commission shall issue an order waiving the land dedication and cash donation requirements for the subsequently developed area. While the Hoover Subdivision tract may have been previously described as "Phase 4 (Future)" on the 2005 plat of Baxter Square PUD for Phases 1 and 2, it was not developed as part of the overall plan for Baxter Square. That Baxter Square PUD and the preliminary plat expired, there it is no longer a Phase 4, and development of Phase 3 of Baxter Square was considered a new submittal by the City. The Hoover Subdivision should be treated the same. And despite references in the staff report to Baxter Square Phase 4, Hoover Way Subdivision is not Baxter i Square Phase 4. �l HRDC purchased the tract and is developing it separately and apart from Baxter Square, not as i Phase 4, but under a completely different name, preliminary plat, and PUD, thus Hoover Subdivision is not being developed under the same ownership nor as part of the overall plan of development of Baxter Square. It is not being annexed into Baxter Square, nor is it a part of that Subdivision. The new developer of that tract, HRDC, is not willing to subject Hoover Subdivision to the Baxter Square Covenants and governing documents, has not indicated a willingness to participate in the maintenance or development costs of the parkland and is not otherwise willing to be apart of Baxter Square. It is a completely unrelated development. Based on the foregoing, I fail to see how this developer should benefit from Baxter Square's park credits, nor how the waiver of required park dedication provided at Sec. 38.27.100.A.7 and use of Baxter Square park credits is applicable or available to the Hoover Subdivision. I, along with my husband, am the Owner of Baxter Square Partners, LLC, the original owner of Baxter Square, and participated in its overall plan and subdivision. I contributed the park dedication and cash-in-lieu, and I remain involved with the Subdivision. I have been exploring annexing neighboring properties into the Baxter Square Subdivision, which would be a part of r 5' f Page 3 Hoover Way Sub. Letter the overall plan and subject to the same Covenants, and, as the one of the original owners, intend to use that park credit at my disposal. I have been exploring annexing neighboring properties into the Baxter Square and should have and intend to use that park credit at my disposal. I am not asking the commission to deny the Hoover Way Subdivision, or to even require more in park land from them. I am simply asking that they do not usurp, without any compensation or consideration, a credit that Baxter Square Partners LLC owns. I appreciate your consideration on this matter. Sincerely, Ami Sayer Owner/Managing Member Baxter Square Partners LLC cc: J. Bremer Gallik, Bremer and Malloy P.C.