HomeMy WebLinkAbout10-21-19 Public Comment - D. Loseff - AC Hotel by Marriott-1From:David Loseff
To:Danielle Garber; Agenda
Cc:John Kauffman; Brian Gallik
Subject:Public Comment on Site permit application #19078 re: AC Marriott Hotel
Date:Monday, October 21, 2019 12:38:23 PM
Attachments:19078 Public Notice - Revisions.pdfPARKING INTENT & EXHIBITS 10-03-2019.pdf
To the appropriate Bozeman City officials,
I am submitting my objections the revised pending Site Plan, Commercial COA and
Demolition Permit application submitted by HomeBase Partners for the Straightaway Motorssite. My comments are being made by me individually as well as on behalf of my various
businesses at the Baxter.
While I appreciate Mr. Holloran's statement of intention to use the Medical Arts Buildingparking lot to address the hotel parking, his statement of intentions remains very "squishy" at
best and vulnerable to a "bait-and-switch" in its current form which results in the concernsover the adverse parking impacts created by his project remaining largely unaddressed in
substance from his prior application. My concerns include the following:
1. The current amended site plan, commercial COA and demolition application continues tolist the number of parking spaces for his project at 0 (ZERO). This is completely unacceptable
for the installation of a 143 hotel plus two bars, etc. An application for a hotel plus bars withZERO parking simply cannot be approved.
2. The Lehrkinds Brewery site plan/demolition was approved based upon a developer's hopes
and intentions which unfortunately never materialized and, as Commissioner Mehl stated insubsequently granting the demolition permit for the remaining wall in 2014, he will never
allow the City grant a site plan/demolition permit approval on such tenuous grounds (ie.squishy statements of intent only). At this point, the pending amended application appears to
consist of an application seeking ZERO parking spaces, an unsupported general statement ofintention by the developer along with an unsigned lease. The CIty has left itself totally open
towards another "bait-and-switch" if it approves the pending application
3. As outlined in my prior objection letter (which is incorporated by reference into this currentobjection letter), I remain concerned that the developer is continuing to seek to obtain UDC
parking spaces at the Downtown Garage to address the hotel parking needs. It is a publicparking garage that the downtown property owners and businesses financed and we need those
parking spaces for our downtown customers and not have them allocated to a single privatedeveloper for his project. In that regard, it is my understanding that there is still a pending
draft Letter of Intent for 80 Long Term Leases at the Bridger Downtown Garage which hasn'tbeen rescinded. If it hasn't been rescinded, it should be------and that only provides another red
flag over the "squishiness" of the developer's amended statement of intent to use the MedicalArts Building lot to address the hotel parking needs.
4. Does the Medical Arts Building Lot have sufficient parking spaces to address the proposed
AC Marriott Hotel parking needs of at least 80 spaces? While I saw that math in thedeveloper's amended submittal, it appears that this lot is frequently fully utilized during the
week and at a recent City Commission meeting there was discussion about the fact that therewere longer term leases on a number of the parking spaces in this lot. What are the facts? The
developer/applicant hasn't fully disclosed those facts to demonstrate that he has capacitywithin the Medical Arts Building Lot to address the AC Marriott parking needs.
5. The application states that the developer plans on using the Bridger Downtown Garage
leases to address the hotel employee parking needs. It further states that these short termparking permits "are owned by HomeBase Partners." I seriously question that assertion due to
apparent violations of non-transferability rules as applied to Downtown Garage parkingpermits. It appears that the developer is trying to utilize a parking permit "hoarding" strategy
which is in direct violation of the parking garage lease permit regulations.
Based upon my concerns cited above (and stated in my prior objection letter which isincorporated by reference herein), I don't believe that the AC Marriott Hotel developer has
adequately addressed the serious concerns over adverse parking impacts in realsubstance............instead, he has raised more red flags over his real intentions and continues to
have a pending application for site approval/COA/demolition for a 143 room hotel with ZEROparking spaces. Please deny this amended application.
David Loseff
105 W. Main St.Bozeman, MT 59715
NOTICE OF A SITE PLAN & COMMERCIAL
CERTIFICATE OF APPROPRIATENESS WITH
DEMOLITION APPLICATION
This application is evaluated against the certificate of appropriateness and site plan criteria of
section 38.230.080 and 38.230.100 of the municipal code and associated standards. Per
38.230.100.B, BMC, approval is granted if all criteria are met.
The public may comment in writing regarding compliance of this application with the required
criteria. Comments should identify the specific criteria of concern along with facts in support of the
comment. Per 38.250.070.B, BMC, issues not raised during public comment period may not be
raised on appeal. During the notice period the City will continue review for compliance with
applicable regulations. Correspondence
Comments may be directed via email to Danielle Garber at dgarber@bozeman.net or
agenda@bozeman.net. Written comments may be directed to: City of Bozeman Department of
Community Development, ATTN: Planner Garber, PO Box 1230, Bozeman, MT 59771-1230.
Summary data on this application are available at www.bozeman.net/government/planning/using-
the-planning-map. Select ‘Project Documents’ and navigate to application 19078. The full application
may be reviewed in the City of Bozeman Department of Community Development, Alfred M. Stiff
Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for
Project Name: AC Hotel Site Plan & CCOA + DEM Application: 19078
Summary: A site plan and certificate of appropriateness application to allow the demolition of an
existing auto repair shop and adjacent residences, including two contributing structures within a
potential historic district, and the construction of a 6 story, 88,000 SF, 143 guestroom hotel with two
bars, including one with a rooftop deck, meeting rooms, and associated site improvements on the
corner of East Mendenhall and North Tracy Avenue. NEW NOTICE PERIOD: REVISIONS TO
PARKING LOCATION AND ASSOCIATED DOCUMENTATION RECEIVED OCTOBER 4, 2019
Parcel size: 19,977 square feet Location: 5 E. Mendenhall Street
Legal Description: Bozeman Original Plat, S07, T02 S, R06 E, Block I, S2 Lots 35-38, and N2 Lot 35,
36, 37, 38., Gallatin County, Montana.
Noticing:NEW Public Comment
Period
October 7, 2019 to
October 22, 2019
Newspaper
Legal Ad
NA
NEW Site Post
October 7, 2019
NEW Adjacent
Owners Mailed
October 7, 2019
Advisory Boards:Board
Design Review Board (DRB)
Meeting Date(s)
July 24, 2019
Decision:Authority
Director of Community Development
Decision
Within 10 days of close of public
notice period
disabilities, please contact the ADA Coordinator Mike Gray, at 582-3232 (voice), 582-2301 (TDD).
Please reference Application 19078 in any correspondence.
SPR SUBMITTAL
AC HOTEL | 5 E MENDENHALL ST
!"#$%!&’
(
)
DRAWING INDEX |AC HOTEL
(
)
PARKING INTENT & EXHIBITS
After much deliberation and discussion, the Applicant has decided to pursue an off site parking lease witha neighboring property owner. While the Applicant’s intention has been to pursue a UDC Lease in theBridger Park Garage, the amount of public opposition to this solution has led them to seek anotheralternative. The Applicant remains concerned that the Bridger Park Garage is underutilized, especiallyduring evening hours, however for the sake of working with and listening to the neighbors they arepursuing an alternative option.
The AC Hotel ownership team intends to enter into a long term lease agreement with the owner of theparking lot located on the west side of Willson Ave. between Bealle and Villard. This parking lot has actedas overflow parking for the office building on the east side of Willson Ave. The AC Hotel project will lease80 of these parking spaces to satisfy the application requirement to provide 80 off site parking spaces. It isstill the intention of the AC Hotel to park its employees in the Bridger Park Garage through the use ofexisting parking permits owned by Homebase Partners. While this arrangement is not part of the UDCcalculation, it will limit daytime use of the 300 N Willson parking lot.
Attached are various documents needed to evaluate this request, including:
1. Supplement to the traffic study - included in package before prior TIS, see TOC 2. Map indicating the location of the off site parking lot as well as the location of the Bridger Park Garage and Streamline Downtown Transfer Station 3. Parking calculation for the existing office building 4. Off-site parking license agreement
The update to the traffic study addresses one of the staff report comments and provides more informationon the relocated off site parking. A breakdown of the parking calculations has been provided to assess howmany spaces are required according to the standards in UDC Section 38.540.050 to serve the existingoffice building as a mixed use office building and as medical offices. The map exhibit included in thispackage indicates where that parking is located on the site and how it qualifies for the reductions that aretaken at the parking calculations. Lastly, a draft of the off site parking license agreement has been includedfor review.
The office property at 300 N. Willson includes 189 parking spaces, 85 spaces in the west Willson lot, 70 onthe office parcel, and 34 on-street. As an office use, the property requires 92 spaces leaving 97 spacesavailable for the AC Hotel. If calculated as a medical office use instead, the property requires 103 spaces,leaving 86 spaces available for the AC Hotel. In summary the parcels have excess parking to meet theneeds of an off-site parking requirement of 80 spaces.
As mentioned, we still believe the most logical parking solution for the AC Hotel is to enter into a UDCLease with the City for spaces in the Bridger Park Garage. However, our proposed alternative solution willaddress all opposition concerns that have been expressed both verbally and in writing.
Suite Square Feet Term
# FTE
Doctors* # FTE Employees*
3005-9 156 M-M 1
2001 2,556 9/30/1925 6
3010 125 12/31/1920 1
602F-1 154 6/30/1920 1
3007 460 12/31/1919 2
101A 1,215 3/31/1925 1
3005-9 120 M-M 1
300C 6,770 9/30/2020 10
3001 220 4/30/1920 2
2005 2,923 Vacant 12
304C 120 M-M 1
805H 618 10/31/1919 1
300C 2,280 11/30/1920 1 2
303C 250 6/30/1919 1
801H 1,194 12/31/1919 8
3008 810 12/31/1920 3
803H 226 M-M 2
3006 221 7/31/1922 1
602-F #4 238 6/30/1919 1
2003 1,812 6/30/1921 4
3005-2 130 M-M 1
605F 376 9/30/1922 1
404D 1,048 1/31/1921 1 2
602F-7 104 6/30/1920 1
3009 446 5/31/1921 1
201B 988 1/31/1920 4
1003 8,121 5/31/1924 3 28
3005-4 479 9/30/1919 1
402D 364 M-M 3
3004 588 M-M 1
3005-8 167 M-M 1
3005-E 255 M-M 1
600F 5,499 11/20/1921 1 18
602F-5 180 6/30/1920 1
3002 620 10/31/1921 1
3005-3 150 M-M 1
MEDICAL ARTS PARKING CALCULATIONS
Suite Square Feet Term
# FTE
Doctors* # FTE Employees*
103A 2,329 11/30/1921 9
203B 783 2/28/1920 1 1
3005-10 512 Vacant 2
602F- 2,3,6 285 Vacant 1
602F- 8 96 Vacant 1
3005-7 168 Vacant 1
Suite F 360 M-M 1
Suite POS 135 M-M 1
Suite #A 584 M-M 1
Suite G 258 M-M 1
Suite E8 137 M-M 1
Suite B 735 Vacant 1
Suite D 575 Vacant 1
Suite C 216 Vacant 1
Suite E 190 M-M 1
Total Square Foot 49346 10 148
49346 sf
41944.1 sf
Use Type: Offices
1 space/250 sf 41944 sf of required floor area 167.78
167 spaces
92.28
92 spaces required
189 spaces
97 spaces available
4 x 10 = 40, 148 x 1 = 148 188 spaces
103.4
103 spaces required
189 spaces
86 spaces available
Total Parking Spaces Available
*The numbers presented above reflect the full time (FT) doctors and employees of existing tenants, tenant names have
been excluded from exhibit for privacy.
45% Reductions (Transit availability, Structured Parking, Office Use)
UDC Section 38.540.050 Number of parking spaces required
Calculated as Mixed Use Office Space, Table 38.540.050-5
Calculated as Mixed Use Office Space, Table 38.540.050-5
Use Type: Medical Offices
4 spaces/ FT doctor, 1 space / FT employee
(see calcs above)
300 N. Willson Ave Office Building
Floor area is calculated as 85% of gross area
45% Reductions (Transit availability, Structured Parking, Office Use)
Total Parking Spaces Available
Page 1 of 4
After recording return to:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
OFF-SITE PARKING SPACE LICENSE AGREEMENT
This License Agreement is made this ___ day of ________________, 20__, by and
between Medical Arts Building Partners LLC located at 300 N. Willson Avenue,
Bozeman, MT 59715 hereby referred to as “Owner” or “Grantor,” and Straightaway
Bozeman Investors, LLC located at 20 N. Tracy Avenue, Bozeman, MT 59715 hereby
referred to as “SBI” or “Grantee” and with consent of the City of Bozeman, PO Box
1230, Bozeman MT 59771 to meet parking requirements of the City of Bozeman.
For valuable consideration, the receipt of which is hereby acknowledged, the Owner and
SBI, agree as follows:
1. Medical Arts Building, LLC is the owner of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 in
Block 4 of Beall’s Third Addition to Bozeman, Montana together with a strip of
land 8 ½ feet in width lying East of and adjoining said Lots 1-10 inclusive,
vacated for street purposes by Ordinance No. 699 of the City of Bozeman, which
ordinance was recorded May 11, 1946 in Book 13 of Miscellaneous, page 123
records of Gallatin County, Montana, all according to the official plat thereof, on
file and of record in the office of the County Clerk and Recorder, Gallatin County,
Montana, hereby referred to as “Owner’s Property”
and whereas, Straightaway Bozeman Investors, LLC is the owner of said property
whose legal description is described on Exhibit A attached, hereby referred to as 5
E. Mendenhall Street, Bozeman, MT 59715 according to the plat thereof, on file
and of record in the office of the Clerk and Recorder, Gallatin County, Montana;
and it is SBI’s desire to use Owner’s Property to meet the parking requirements of
the City of Bozeman for application 19078 (the “Project”).
Page 2 of 4
2. Owner grants to SBI for its benefit and that of its successors and assigns an
irrevocable easement, right and license for the exclusive use of 80 parking spaces
on Owner’s Property for the purpose of meeting the parking requirements of the
Project (“License”). The City consents to the License granted herein provided the
80 parking spaces so licensed meet all applicable requirements of the Bozeman
Municipal Code, Chapter 38 for the Project during the term of the License.
3. All parties recognize the significant legal implications of this License Agreement
and have consulted legal counsel prior to signing. This License Agreement shall
be perpetual, shall run with the land, and shall be binding upon the heirs,
successors and assigns of the Owner and SBI hereto. This License Agreement
may be terminated or modified and the License granted herein revoked only by
written consent of SBI and the City of Bozeman’s Director of Community
Development (“Director”) by a document filed in the records of the Gallatin
County Clerk and Recorder.
4. Each person signing this License Agreement represents and warrants that he is
fully authorized to execute this License Agreement on behalf of the entity on
whose behalf such individual has signed this License Agreement, and that by
signing this License Agreement such entity will be bound by the terms contained
herein.
END OF DOCUMENT EXCEPT FOR SIGNATURES
Page 3 of 4
OWNER/GRANTOR
Medical Arts Building Partners LLC
By: Medical Arts Building Manager Corp
_____________________________
by Bert A. Getz, Jr.
Its President
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ____ day of ___________________, 20___, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared ___________________, and
the person who name is subscribed to the within instrument, and acknowledged to me
that they executed the same for and on behalf of Medical Arts Building Partners LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
___________________________________
Notary Public for the State of Montana
Printed Name: _______________________
Residing in __________________________
My Commission expires _______________
Page 4 of 4
LICENSEE /GRANTEE
Straightaway Bozeman Investors, LLC
_____________________________
by Andy Holloran
Its Manager/Member
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ____ day of ___________________, 20___, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared ___________________, and
the person who name is subscribed to the within instrument, and acknowledged to me
that they executed the same for and on behalf of Straightaway Bozeman Investors, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
___________________________________
Notary Public for the State of Montana
Printed Name: _______________________
Residing in _________________________
My Commission expires _______________
Exhibit"A"
PARCEL 1:
THE SOUTH FIFTY (50)FEET OF FRACTIONAL LOT ONE (1)AND OF LOTS TWO (2)
AND THREE (3)AND THE WEST TWENTY-ONE (21)FEET OF LOT FOUR (4),ALL IN
BLOCK "G"OF ORIGINAL TOWNSITE OF BOZEMAN,GALLATIN COUNTY,
MONTANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING
AT THE SOUTHWEST CORNER OF LOT (1),IN BLOCK "G";AND RUNNING THENCE
NORTH ALONG THE WEST LINE OF FRACTIONAL LOT ONE (1),THE SAME BEING
THE EAST LINE OF TRACY AVENUE NORTH,A DISTANCE OF FIFTY (50)FEET;
THENCE EAST ON A LINE PARALLEL WITH THE SOUTH LINE OF BLOCK "G",A
DISTANCE OF EIGHTY-EIGHT (88)FEET;THENCE SOUTH PARALLEL TO THE EAST
LINE OF TRACY AVENUE NORTH A DISTANCE OF FIFTY (50)FEET;THENCE WEST
ALONG WEST MENDENHALL STREET A DISTANCE OF EIGHTY-EIGHT (88)FEET TO
THE POINT OF BEGINNING;ALL ACCORDING TO THE OFFICIAL PLAT ON FILE AND
OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF
GALLATIN COUNTY,MONTANA.Reserving and Excepting a Certain EASEMENT
now in existence across said property for sewer connections to Mendenhall
ANg Street in said City of Bozeman,as the said sewer is now laid out.
ALSO
THE FOLLOWING DESCRIBED REAL ESTATE,SITUATE IN THE CITY OF BOZEMAN,
GALLATIN COUNTY,MONTANA,TO-WIT:BEGINNING AT THE SOUTHWEST
CORNER OF BLOCK "G"OF THE ORIGINAL TOWNSITE OF BOZEMAN;THENCE EAST
ALONG THE SOUTH LINE OF BLOCK "G"88 FEET;THENCE SOUTH 8.17FEET;
THENCE SOUTHWESTERLY 73.4FEET,MORE OR LESS TO THE BEGINNING OF A
CURVE TO THE RIGHT,SUCH A CURVE HAVING A RADIUS OF 15FEET,THENCE
NORTHWESTERLY ALONG THE CURVE TO THE RIGHT A DISTANCE OF 18 FEET,
MORE OR LESS,TO A POINT IN THE EAST LINE OF TRACY AVENUE,NORTH,WHICH
IS 7.55FEET,MORE OR LESS,SOUTH OF THE SOUTHWEST CORNER OF BLOCK "G";
THENCE NORTH ALONG THE EAST LINE OF TRACY AVENUE,NORTH 7.55FEET,
MORE OR LESS TO THE POINT OF BEGINNING.
ALL THAT PART OF LOTS 4 AND 5 IN BLOCK "G"OF THE ORIGINAL TOWNSITE OF
BOZEMAN,MONTANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:
BEGINNING AT THE NORTHEAST CORNER OF LOT 5,THENCE WEST ALONG THE
NORTH LINE OF LOTS 5 AND 4,35 FEET,THENCE SOUTH 50 FEET,THENCE EAST 35
FEET,THENCE NORTH 50 FEET,TO THE POINT OF BEGINNING,THE ABOVE
DESCRIBED PROPERTY BEING THE NORTH 50 FEET OF LOT 5 AND THE EAST 7 FEET
OF NORTH 50 FEET OF LOT 4,ALL IN BLOCK "G"OF THE ORIGINAL TOWNSITE OF
BOZEMAN,MONTANA.AND THE SOUTH 100FEET OFF OF LOT 5 AND SOUTH 100
FEET OFF THE EAST 7 FEET OF LOT 4,IN BLOCK "G"OF THE ORIGINAL TOWNSITE
OF BOZEMAN,MONTANA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 IN BLOCK "G"THENCE EAST
ALONG THE NORTH LINE OF EAST MENDENHALL STREET A DISTANCE OF 88 FEET
TO THE POINT OF BEGINNING,THENCE NORTH PARALLEL WITH THE WEST LINE
OF LOT 1,THE SAME BEING THE EAST LINE OF TRACY AVENUE NORTH,A
DISTANCE OF 100FEET,THENCE EAST PARALLEL WITH THE SOUTH LINE OF
BLOCK "G",A DISTANCE OF 35 FEET,THENCE SOUTH PARALLEL WITH THE WEST
LINE OF BLOCK "G",100 FEET TO THE SOUTH LINE OF BLOCK "G",WHICH POINT IS
35 FEET EAST OF THE POINT OF BEGINNING,THENCE WEST ALONG THE SOUTH
LINE OF BLOCK "G",35 FEET TO THE POINT OF BEGINNING.(DEED REFERENCE:
FILM 22,PAGE 711)
PARCEL II:
THE NORTH 50 FEET OF LOTS 1,2,AND 3,AND THE NORTH 50FEET OF THE WEST
21 FEET OF LOT 4 IN BLOCK G OF THE ORIGINAL TOWNSITE OF BOZEMAN,
GALLATIN COUNTY,MONTANA,ACCORDING TO THE OFFICIAL PLAT THEREOF ON
FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF
GALLATIN COUNTY,MONTANA.(DEED REFERENCE:FILM 89,PAGE 4068)
PARCEL III:
THE NORTH 50 FEET OF THE SOUTH 100 FEET OFF OF LOTS 1,2,AND 3,AND THE
NORTH 50 FEET OF THE SOUTH 100FEET OF THE WEST 21 FEET OF LOT 4,IN
BLOCK G OF THE ORIGINAL TOWNSITE OF BOZEMAN,MONTANA,ACCORDING TO
THE OFFICIAL PLAT THEREOF AND ON FILE AND OF RECORD IN THE OFFICE OF
THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY,MONTANA.(DEED
REFERENCE:FILM 89,PAGE 4068)