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Home My WebLink About20099 Documents GER GAR LINGTON I LOHN I ROBINSON NIONTANA'S ATTORNEYS SINCE 1870 March 18, 2020 Mike Maas, City Clerk City of Bozeman 121 N. Rouse, Suite 201 Bozeman, MT 59715 RE: Appeal of Conditional Approval of Armory Hotel Modification Dear Mr. Maas: Our office represents HBP Residential Condominiums (an assumed business name of 5 West Residential, LLC) for purposes of appealing the City's Conditional Approval of the Armory Hotel Modification to Approved Plan, Application Number 19410, pursuant to Sec. 38.250.030 of the Bozeman Municipal Code. HBP's address is PO Box 7377, Bozeman, MT 59771. The project involved in this appeal is known as the Armory Hotel and is located at 24 West Mendenhall, Bozeman, MT 59715, with a legal description of Tracy's 1st Addition, S07, T02 S, R06 E, Block A, Lot 19A, Plat C-17-A, City of Bozeman, Gallatin County, MT. HBP Residential Condominiums is an aggrieved party pursuant to Sec. 38.250.030 (A) of the BMC because it represents the interests of its members who are owners of property directly adjacent to the Armory Hotel project. HBP and many of its individual members participated in the public process regarding the Amory Hotel's modification request. They were also excluded from the public process by the City's failure to ensure building permits issued to the Amory Hotel project complied with the Design Review Board's initial approval. HBP and its members have a specific, personal and legal interest in the final decision, as distinguished from a general interest such as is the concern of all members of the community, because they are located directly adjacent to the project and are directly affected by the view and operation of the Armory Hotel and stand to incur impacts including the value and quality of their ownership interests. We are aware that Section 38.250.030 (B) of the BMC purports to limit appeals to specific issues raised during the public comment period for the modification request. However, we disagree that this section should be read so narrowly as to limit any person who participated in the process to the exact issues raised in their individual comment letters. Several of HBP's members have received such communications from the City, but the language in this Section does not support such a reading. Further, issues of standing to pursue grievances have been broadly construed. See, e.g. Heffernan v. Missoula City Council, 2011 MT 91. 2957319 P.O.Box 7909 1 350 Ryman St. I Missoula,MT 59807-7909 1 PHN (406)523-2500 1 FAX:(406)523-2595 ® garlington.com Professional Limited Liability Partnership RE: Appeal of Conditional Approval of Armory Hotel Modification March 18, 2020 Page 2 Pursuant to the City's requirements, this letter explains the grounds for HBP's and its members' appeal. We address two issues in this appeal, but reserve the right to comment upon and address all issues appealed by any other party. 1. Rooftop Mechanical The Design Review Board approval for the Amory Hotel included a pool, terrace, and garden on the second and third floor rooftops of the historic Armory building. HBP and its members relied on these amenities when reviewing the project. These rooftops are highly visible from the HBP properties. Without undertaking the proper modification process, which would have allowed for public participation by HBP, its members, and others, the developers of the historic Amory Hotel unilaterally decided to eliminate the pool, terrace and garden from the second and third floor rooftops of the historic Armory building and replace them with mechanical equipment and did so in a manner that does not comply with the City's codes. Rather than require the project to comply with the original approval, the City's modification approval allows the mechanical equipment to remain, subject to certain screening requirements. That approval requires the developer to submit a new plan to screen the rooftop mechanical equipment to provide full screening of the sides of the rooftop mechanical equipment and a proposal to address the visual impacts of the top of the equipment to shield it from view of adjacent properties and the public way. We disagree with the City's decision to allow the mechanical equipment to remain on the second and third floors of the historic Armory building, conditioned upon acceptable screening. Even with screening, the mechanical equipment presents a major visual impact that is not acceptable to HBP and its members. They expected the project to be developed with a pool, terrace and garden amenities on these floors that would provide an acceptable viewscape compatible with adjacent properties. The Design Review Board also found this plan acceptable. Instead, they are treated to mechanical equipment that even if screened, presents a major and unacceptable departure from the original approval. Screening simply cannot mimic the look, feel and operation of a pool, terrace and garden. The associated impacts to the viewscape and expected noise are not acceptable. It is self-evident from an evidentiary standpoint that moving such equipment from the top of the Tower where it is not visible and where noise impacts are dispersed to the second and third floor in place of a pool, terrace and garden, has the potential to create significant impacts. Therefore, HBP and its members request the City reject the modification approval and require the project to move the mechanical equipment to the top floor of the Tower as originally designed and approved, and provide amenities on the 2nd and 3rd floor rooftops that would create a 2957319 RE: Appeal of Conditional Approval of Armory Hotel Modification March 18, 2020 Page 3 viewscape similar to the original proposal. 2. Lighting. The modification application included requests to the exterior lighting package to change certain fixtures, lighting types and intensities. The staff report contains significant findings of fact indicating that certain portions of the lighting as installed creates a hazard and significant adverse effects on adjacent properties, including the 5 West building. We agree with these findings of fact and incorporate them herein as evidence of our client's concerns with respect to appealing the conditional approval. The conditions of approval pertaining to the lighting included the following: • Proposed light fixtures L 18 and L 19 must not, during operation of the building, change or vary in color to comply with 38.23.150D.7.h. BMC (2013). • Proposed light fixtures L6, LI 9 10 degree accent light, and L21 must not, during operation of the building, illuminate the entire facade of the Armory to comply with 38.23.150.D.7.a BMC (2013) and 38.23.150.D.7.g BMC (2013). • Prior to receiving a Certificate of Occupancy, proposed light fixture L28 Canopy light must meet "full-cutoff criteria, which means the light source and associated lenses shall not protrude below the edge of the light fixture, and shall not be visible fiom adjacent streets or properties in compliance with 38.23.150.F BMC (2013). • Proposed light fixture L28 Canopy light must not, during operation of the building, emit horizontal light fiom a 90-degree plane, in compliance with 38.23.150.D.7.b BMC (2013). HBP and its members disagree with these conditions of approval to allow the project to retain light fixtures L 18, L 19, L6, L21 and L28, because there are no assurances or ongoing enforcement mechanisms to ensure the project complies with the very specific conditions set forth above. As confirmed in the staff report, these light fixtures are not code compliant. Rather than enact conditions of approval to attempt to bring them into some form of compliance, the project should be required to eliminate or replace these fixtures with code compliant lighting that ensures the lighting of the Armory Hotel is subtle, accented and code compliant, consistent with the original Design Review Board approval. Only then can HBP and its members be properly protected from the hazards and detrimental effects from the noncompliant lighting as identified in the staff report. While HBP and its members remain dismayed so many changes have been implemented without public notice and without proper approvals, our client can accept the addition of a ninth floor, the installation of inexpensive stimulated divided light windows on the historic Armory building, and the additional 19 hotel rooms. As noted herein, other modification approvals are not acceptable 2957319 RE: Appeal of Conditional Approval of Armory Hotel Modification March 18, 2020 Page 4 and should be rejected. Pursuant to the City's requirements, the names and addresses and accompanying envelopes of property owners within 200 feet of the property and the required appeal fee are included with this letter. Please contact me at your convenience if you have questions or need additional information. Sincerely, GARLINGTON, LOHN & ROBINSON, PLLP AIVV Al F. McCormick Direct Line: (406) 523-2518 Email: afinecol-inick@garhngton.com com 2957319 Etha Noticing Materials FirstName Property Address UNIT# Addressi CITY OF BOZEMAN W MENDENHALL ST BOZEMAN,MT 59715 PO BOX 1230 BOZEMAN MT 59771-1230 PLANALP J ROBER 27 N TRACY AVE BOZEMAN,MT 59715 PO BOX 1 BOZEMAN,MT 59771-0001 MBD/JCB III LLC 23 N TRACY AVE BOZEMAN,MT 59715 130 N VERMONT AVE APT A GLENDORA,CA 91741-5314 Fourth Crusade LLC 43 W MAIN ST,BOZEMAN MT 59715 43 W MAIN ST,BOZEMAN MT 59715 HATHHORN CONDO MASTER 29-39 W MAIN ST,BOZEMAN MT 59715 GENERAL DELIVERY BOZEMAN,MT 59718 FIVES THE MOST LLC 25 W MAIN ST,BOZEMAN MT 59715 PO BOX 6429 BOZEMAN,MT 59771-6429 MONTANA THEATREWORKS INC 17 W MAIN ST,BOZEMAN MT 59715 PO BOX 28 BOZEMAN,MT 59771-0028 SUMMIT PROPERTIES LLC 7 W MAIN ST,BOZEMAN MT 59715 GRUBS&EWS ATTN JESSE ASHER BOZEMAN,MT 59719-0250 ONE WEST MAIN LLC 1 W MAIN ST,BOZEMAN MT 59715 1 W MAIN ST,BOZEMAN MT 59715 TULLER BRIGITTE MARIA 1-5 E MAIN ST,BOZEMAN MT 59715 2245 DEER PARK CT,BOZEMAN MT 59715 STRAIGHTAWAY BOZEMAN INVESTORS LLC 5 E MENDENHALL ST,BOZEMAN MT 59715 20 N TRACY AVE BOZEMAN,MT 597153555 STRAIGHTAWAY BOZEMAN INVESTORS LLC 106 N TRACY AVE,BOZEMAN MT 59715 20 N TRACY AVE BOZEMAN,MT 597153555 STRAIGHTAWAY BOZEMAN INVESTORS LLC 112 N TRACY AVE,BOZEMAN MT 59715 20 N TRACY BOZEMAN,MT 597153555 508 MONTANA LLC 5 W MENDENHALL ST,BOZEMAN MT 59715 508 57 HITCHING POST RD BOZEMAN,MT 597159241 BAYR-NOBEL CLAUDIA 5 W MENDENHALLST,BOZEMAN MT 59715 308,322 PO BOX 449 WILSALL,MT 590860449 BLESSING BOZEMAN PROPERTY LLC 5 W MENDENHALLST,BOZEMAN MT 59715 417 2801 NEW MEXICO AVE NW APT 1005 WASHINGTON,DC 200073911 BLUEVIEW LLC 5 W MENDENHALL ST,BOZEMAN MT 59715 511 506 OXFORD DR BOZEMAN,MT 597151788 BOZEMAN RED LLC 5 W MENDENHALLST,BOZEMAN MT 59715 421 2995 TUMBLEWEED OR BOZEMAN,MT 597158721 CARMEL CHRISTOPHER F&LEE G 5 W MENDENHALLST,BOZEMAN MT 59715 517 39 BRAYS ISLAND DR SHELDON,SC 299413003 CB HOTEL I LLC 5 W MENDENHALLST,BOZEMAN MT 59715 512 11010 N DEER DR WOODWAY,WA 980206114 FROSTIC PETER F 5 W MENDENHALLST,BOZEMAN MT 59715 423 PO BOX 6009 BOZEMAN MT 597716009 CIMMIYOTTI CYD 5 W MENDENHALLST,BOZEMAN MT 59715 415 120 GAZELLE LN BELGRADE,MT597147135 COLE STEPHEN A&ADRIENNE 5 W MENDENHALLST,BOZEMAN MT 59715 407 105 N BEACHWOOD DR LOS ANGELES,CA 900043821 RAFFETY LARRYJ 5 W MENDENHALL ST,BOZEMAN MT 59715 516 2241/2 S YELLOWSTONE ST LIVINGSTON MT 5904730019 DAVISON RONA L 5 W MENDENHALL ST,BOZEMAN MT 59715 311 129 COOK CT BOZEMAN,MT 597158063 DOKKEN WADE&SUSI 5 W MENDENHALL ST,BOZEMAN MT 59715 521 5 W MENDENHALLST UNIT 521 BOZEMAN,MT 5971S3569 HOMANN PROPERTIES LLC 5 W MENDENHALLST,BOZEMAN MT 59715 309,313,314,317 708 DRY GULCH TOWNSEND,MT 596449782 FIAMO LLC 5 W MENDENHALL ST,BOZEMAN MT 59715 418 PO BOX 25 ENNIS MT 597290025 GARSKE DANIEL&SHANA 5 W MENDENHALL ST,BOZEMAN MT 59715 518 2423 E GOLDEN RD SPOKANE WA 992088501 GETZ BERTAJR 5 W MENDENHALL ST,BOZEMAN MT 59715 307 2255HADOWOOD LN NORTHFIELD,IL 600931015 GOLDBERG MELYNDAKTRUSTEE 5 W MENDENHALLST,BOZEMAN MT 59715 312 PO BOX 161734 GOLDBERG MELYNDA K REV TRT BIG SKY,MT 597161734 HOLLORAN ANDREW D&LAURA G 5 W MENDENHALLST,BOZEMAN MT 59715 410 5 W MENDENHALLST UNIT410 BOZEMAN,MT 597153568 PELLETT CYNTHIA&CLEM 5 W MENDENHALL ST,BOZEMAN MT 59715 422 15123 3RD DR SE MILL CREEK WA 980125397 5 W MENDENHALLST,BOZEMAN MT59715 310 5013 TOWNE LAKE HILLS N. BUCKHAVEN HOLDINGS LLC WOODSTOCK,GA 30189 BICKELJOHN D&MARY A 5 W MENDENHALL ST,BOZEMAN MT 59715 323 15716 CUSTER TRL FRISCOTX 750356610 KREMER WESLEY D&KERSTEN LTRUSTEE 5 W MENDENHALLST,BOZEMAN MT 59715 510 1 FRANKLIN ST UNIT 2403 KREMER WESLEY&KERSTEN FAM TRT BOSTON,MA021101180 BOULOKOS DEAN 5 W MENDENHALLST,BOZEMAN MT 59715 315 5 W MENDENHALLST UNIT315 BOZEMAN MT 597153567 MARTIN SAMUEL K&BONNIE STRUSTEE 5 W MENDENHALL ST,BOZEMAN MT 59715 318 5 W MENDENHALLST UNIT318 MARTIN SAMUEL K&BONNIE S REVTRT BOZEMAN,MT 597153567 MCGUANE LORAINE BUFFETT 5 W MENDENHALLST,BOZEMAN MT 59715. 316 234 W BOULDER RD MC LEOD,MT 590528612 MITRO THOMAS&MARY 5 W MENDENHALLST,BOZEMAN MT 59715 412 1714 ASHLAND ST HOUSTON TX 770083930 MODYANOVA NADEZHDA N&LUDMILA V& 5 W MENDENHALL ST,BOZEMAN MT 59715 321 PO BOX 5267 MODYANOV NIKOLAI N BOZEMAN,MT 597175267 WERNER ROBERTJOHN&PATRICE EGAN TRUSTEES 5 W MENDENHALL ST,BOZEMAN MT 59715 306 PO BOX 15 WERNER FAM TRT DTD 6/15/15 TETON VILLAGE WY 830250015 OSSORIO FREDERIC E&STACY M 5 W MENDENHALL ST,BOZEMAN MT 59715 411 PO BOX 160727 BIG SKY,MT 597160727 414 SW LLC 5 W MENDENHALL ST,BOZEMAN MT 59715 414 PO BOX 954 BOZEMAN,MT 597710954 SITYNE DANIELA&SUSAN A COTRUSTEES 5 W MENDENHALL ST,BOZEMAN MT 59715 406 PO BOX 1594 KALSOW MICHAELA SITYNE FAMILY TRUST BOZEMAN MT 5977115894 DIMIRELOS JENNIFER BOOS 5 W MENDENHALL ST,BOZEMAN MT 59715 413 140 VILLAGE CROSSING WAY UNIT 5 BOZEMAN,MT 59715 WEBSTERTRUST PROPERTIES LLC 5 W MENDENHALL ST,BOZEMAN MT 59715 506,507 1301 GERVAIS ST STE 805 COLUMBIA,SC 292013326 S WEST LLC S W MENDENHALL ST, BOZEMAN MT 59715 '1,101,102,103,10420 N TRACY AVE 105,201,202 BOZEMAN,MT 597153555 SOUTHSIDE PROPERTY LLC 27 N TRACY AVE,BOZEMAN MT 59715 PO BOX 1 BOZEMAN,MT 597710001 INTERMODAL COMMERCE CONDO MASTER 26 E MENDENHALLST,BOZEMAN MT 59715 PO BOX 1230 BOZEMAN,MT 597711613 WALSH BARNABY TRUSTEE& 5 W MENDENHALL ST,BOZEMAN MT 59715 514 75 ALEJANDRA AVE SEDLOCK TRACY L TRUSTEE ATHERTON CA 940274106 VS LIVING TRUST DTD 2/25/11 H&R FROST LLC 5 W MENDENHALLST,BOZEMAN MT 59715 408 713 NW 44TH ST VANCOUVER WA 986601660 COMBS VIRGINIA 5 W MENDENHALL ST,BOZEMAN MT 59715 416 PO BOX 1158 ENNIS MT 597291158 CHOW HOUND LLC 26 E MENDENHALLST,BOZEMAN MT 59715 R-1,R-2 24 N TRACY AVE BOZEMAN MT 597153555 MARTIN JAMES M III TRUSTEE 33 W MAIN STREET BOZEMAN 59715 3 104 BEN OAK DRIVE SHAVANO PARK,TX 78231-1503 NANCY RINNERT 29-39 W MAIN ST,BOZEMAN MT 59715 B PO BOX 523,LIVINGSTON MT 59047 NEXT CHAPTER PROPERTIES LLC 35 W MAIN STREET BOZEMAN MT 59715 2 315 N 23RD AVENUE BOZEMAN,MT 59718-3163 HOMANN PROPERTIES LLC 29-39 W MAIN ST,BOZEMAN MT 59715 309 321 W BROADWAY SUITE 300 MISSOULA MT 59802 FOURTH CRUSADE LLC 29-39 W MAIN ST,BOZEMAN MT 59715 1 3315 STUCKEY ROAD SOZEMANT MT 59715 CUROTTO KATHLEEN DTRUSTEE 29-39 W MAIN ST,BOZEMAN MT 59715 E 652 N.NEW BALLAS ROAD SAINT LOUIS MO 63141-6737 WOODCOCK CHARLENE M TRUSTEE 29-39 W MAIN ST,BOZEMAN MT 59715 D 9041 S.PECOS ROAD#3900 HENDERSON NV 89074 SENNETT ELIZABETH TRUSTEE 29-39 W MAIN ST,BOZEMAN MT 59715 G 2001 UNION STREET SUITE 330 SAN FRANCISCO CA 94123 JENNIFER&GREGG PERRY 29-39 W MAIN ST,BOZEMAN MT 59715 A PO BOX 6550 BOZEMAN MT 59715 ALLEN-FREIVALDS FAMILYTRUST 29-39 W MAIN ST,BOZEMAN MT59715 4 81-937 MAKAHIKI LANE CAPTAIN COOK HI 96704 KURUCZJONNA STILES 37 W MAIN STREET BOZEMAN,MT 59715 C 6253 DOUGHERTY ROAD APT 8201 DUBLIN,CA 94568-2622 Community Development N1 NOTICING MATERIALS Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS ❑ Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project ❑ site and not physically contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS. ❑ Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. Legible list of full names and addresses of all property owners physically contiguous (touching ❑ a boundary) including recorded purchasers under contract for deed to be sent certified mail attached to this-checklist. Clearly label list CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and ❑ addresses of the physically contiguous property owners including recorded purchasers under contract for deed. ❑ Two sets additional mailing labels with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed attached. _^ NOTICE Current property owners of record can be found at the Gallatin County Clerk and Recorder's Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana. CERTIFICATION I,_� �1'fXl_ �V14i1__________________,hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property o ners (including all condominium owners, within 200 feet of the property located at f_Jf_ .j 1.v1141_1_l"�--,A________________, is a true and accurate list from the last declared Gallatin County tax records. I further understand that an /inaccure list may delay review of the project. ------_ ---— - CONTACT US Alfred M.Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman,MT 59771 www.bozeman.net Noticing Materials Page 1 of 1 Revision Date 01-28-20 Required Forms: 1 N1 Recommended Forms: Required Forms: