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Home My WebLink About10-21-19 Public Comment - M. Eckman (with The Element Hotel) - AC Hotel by MarriottFrom:Mollie Eckman To:Danielle Garber; Agenda Subject:Application 19078 - Comment Date:Monday, October 21, 2019 4:57:30 PM Attachments:PARKING INTENT & EXHIBITS 10-03-2019.pdf 19078 Public Notice - Revisions.pdf To whom it may concern: As the operator of The Element Hotel located at 25 East Mendenhall St, I have concern with the lack of identified parking spaces for this project. As the property manager at Blackmore Apartments at 120 S Black Ave, I have concern with the lack of identified parking spaces for this project. As a home owner at 307 S Bozeman, I have concern with the lack of identified parking spaces for this project. The public notice states ZERO parking spaces and the previous letter of intent for 80 leased spaces at Bridger Park garage has yet to be rescinded from the record after being denied by the Bozeman Parking Commission. The Bridger Park garage cannot sustain an increased commercial load -The Element has 60 leased spaces, we are not currently using all of our spaces and if we did need them, they would not be available 100% of the time. -Current guests that choose to park in the parking garage complain of overcrowding in the parking garage -Current employees of Element that park in the parking garage complain of overcrowding and not being able to find a space to park in the garage Please note: Hotel guests want to check into the hotel anywhere from 10am – on and check out is anywhere from 12pm – 4pm. This is almost 24 hour parking needs for a 1 night stay in a hotel. The Blackmore Apartment building, 120 S Black Ave, only has 17 parking spaces for 33 apartments. As the manager of the Blackmore building, when I called the city to see if the Blackmore residents could rent a space in the parking garage, we were turned down due to the garage being at capacity. The tenants who are not able to rent a parking space at the Blackmore have nowhere to park, pushing them into the neighborhoods to park. We own a house at 307 S Bozeman and Blackmore tenants are parking in front of our house. The Black Olive Apartment Building, 202 S Black Ave will soon open without enough parking for it’s 47 apartments and retail space on the first floor. The Armory Hotel will soon open without enough parking for it’s 122 rooms and 100 employees. The lack of parking is already a major problem in the downtown area. I plead you to put a stop to the madness and require the AC Hotel project to provide a realistic parking solution for the project. -Taking parking spaces from the already full Medical Arts Building parking lot is not a solution -Taking spaces from the already full Bridger Park parking garage is not a solution -80 parking spaces for a 143 room hotel with retail shops, bars and restaurants is not a realistic solution Please not the examples above are only a few instances of the lack of parking and parking issues in downtown Bozeman. The Bozeman Parking Commission denied extending any more long term leases in the parking garage. The Parking Commission denied this request because they listened to the concerned citizens and business owners who spoke out and agreed this item could not be approved. I hope that you will take heed to your fellow Parking Commissioners, concerned citizens and again deny this request. Thank you for your thoughtful and considerate support of this community. I appreciate your good work. Sincerely, Mollie Eckman General Manager, Element Hotel, 25 East Mendenhall St, Bozeman MT, 59715 Property Manager, Blackmore Apartments, 120 S Black Ave, Bozeman MT, 59715 Home Owner, 307 S Bozeman Ave, 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)