HomeMy WebLinkAbout03-14-23 Public Comment - A. Kelley Hoitsma - Cloverlearf ZMA, App 22218 Protest 2cC�fVc�
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ZMA PROTEST
DATE: March 3, 2023
TO: Bozeman City Commission
RE: Cloverleaf Zone Map Amendment (ZMA) —Application #22218
We, the undersigned, own property within 150' of the parcel(s) requesting a zoning change
(application #22218) described as: The Cloverleaf Zone Map Amendment, requesting
amendment of the City Zoning Map for a city block bounded by East Cottonwood
Street, Ida Avenue, East Peach Street, and Plum Avenue consisting of approximately
3.1995 acres and the accompanying adjacent right-of way from NEHMU (Northeast
Historic Mixed Use) to B-2M (Community Business District Mixed). [We note that the
acreage of the subject parcels is 2.10 acres. We believe that the acreage listed in the Staff
Report includes the adjacent rights-of-way.]
The application lists the subject property as 707 E. Peach St., Bozeman, MT 59715, with a
legal description of Lots 1-8 and Lots 11-28 of Block 100 of the Northern Pacific Addition to
the City of Bozeman. The application lists the Owner as Bronken Distributing and the
Applicant as Cloverleaf LLC. The application was signed by Peter Bronken.
We hereby protest the requested zoning change pursuant to 76-2-305, MCA.
Reasons for Protesting the Cloverleaf ZMA Request:
1. Bozeman Municipal Code Sec. 38.300.110 (G) states the intent and purpose of the
Northeast Historic Mixed-Use District as providing "recognition of an area that has developed
with a blend of uses not commonly seen under typical zoning requirements. The unique
qualities and nature of the area are not found elsewhere in the city and should be
preserved as a place offering additional opportunities for creative integration of land
uses." We agree with the Staff Report that"the property is a central component of the
NEHMU district," and we wish to keep the NEHMU district intact in order for it to be
"preserved as a place offering additional opportunities for creative integration of land uses."
2. Sec. 38.300.110 (C) defines the intent of the Community business district-mixed
(B-2M) as a district that "accommodates substantial growth and...provides for a range of
commercial uses that serve both the immediate area and the broader trade area and
encourages the integration of multi-household residential as a secondary use..." It
further declares that the use of the B-2M zone is "appropriate for arterial corridors,
commercial nodes and/or areas served by transit."The Cloverleaf parcel is neither
located in a commercial node, nor on an arterial corridor, nor is it served by transit.
3. At the time that the City Commission will be asked to vote on the requested zone map
amendment (ZMA) the Applicant (Cloverleaf LLC) will not yet own the parcel. The developer
(Outlaw Real Estate Partners) has informed us that the closing date has been postponed
until April or May of 2023. We, as neighbors, have no guarantee that the developer will
actually purchase the parcel—should unforeseen circumstances arise—leaving an
undeveloped B-2M parcel that could be developed in a manner not envisioned by the
Cloverleaf developer.
4. We realize that there is apparently a contention that the Development Agreement and
its accompanying Restrictive Covenants associated with the TIF Funding for the Cloverleaf
Project (Resolution 5478) change the backdrop of this application. HOWEVER, (1) as mentioned, the
Applicant is not yet the owner, and only the owner can record restrictive covenants against real
property, and (2) any such restrictive covenants need to be durable; however, the TIF-related
Development Agreement is not because it contains a walkaway clause which, if exercised,
would allow removal of the related restrictive covenants, thus leaving an undeveloped
B-2M parcel.
This is not a far-fetched scenario, as we have recently witnessed the Tinworks PUD and
related TIF agreement abandoned, leaving the undeveloped lot with no infrastructure
improvements. In that instance, a zone change was never requested, and so the NEHMU
remains intact.
Less recently, this neighborhood was presented with development plans regarding the
historic brewery building that was the basis of the formation of the Bozeman Brewery Historic
District. Those plans never materialized, and the neighborhood watched as the brewery
building became the brewery wall, then a pile of bricks, and now a vacant lot. Any restrictive
covenants need to be in place prior to re-zoning and must be durable.
5. The Cloverleaf developers understand they have the opportunity to apply for a
Planned Development Zone (PDZ) to achieve their goals while preserving the NEHMU
district. The developers made it known in a recent neighborhood meeting that they would
pursue the PDZ mechanism if necessary. We are not opposed to the affordable housing
goals presented by the developer; we are opposed to the Cloverleaf ZMA that would
change the zoning to B-2M.
6. 13-2M allows Type 3 short term rentals (those that are not owner-occupied) while
NEHMU does not. The covenant submitted by Cloverleaf, which describes the terms of the
14 affordable units, will prohibit STRs for those units. However, any (or all) of the remaining
units could legally function as Type 3 STRs. The B-2M STIR allowances potentially
contradict the goals of the affordable and missing middle concepts for this project
7. The Bozeman City Commission already voted against this ZMA in November 2022
after "having reviewed and considered the staff report, application materials, public comment,
and all information presented" and understanding the legal criteria by which the City
Commission is bound in making a zone map amendment. The actual, on-the-ground
situation has not changed since that vote was taken, except that an as-yet-unsigned
development agreement would award $2.2 million in TIF funding in exchange for completing
the project with 14 affordable housing units and self-imposed height restrictions for 30 years.
THEREFORE, we, the undersigned, as property owners within 150' of the subject parcel,
assert that B-2M remains an inappropriate zone designation for this site, as affirmed by the
City Commission in its November 2022 vote. We hereby file this protest pursuant to
76-2-305, MCA.
OWNER PRINTED NAME & OWNER SIGNATURE(s) PROPERTY W/I 150 FT
CURRENTADDRESS DATE SIGNED ADDRESS &ASSMT.CODE
Chandler Dayton �� '� 716 E Peach St
716 E. Peach St. a 3 RGH1388
Bozeman, MT 59715
Chandler Dayton `C� � Lot 10A as shown on Plat
716 E. Peach St. C-23-A44 in Block 52 of the
Bozeman, MT 59715 3/ a`j N. Pac.Add'n
Hope & Matthew Kapsner ��- 702 E Peach St
702 E. Peach St. RGH3605
Bozeman, MT 597153/(/Zo2_z
Catherine Ryan 724 E Peach St
124 Heritage Dr. RGH2864
Bozeman, MT 59715-9224
Julie Kleine &Aaron Mugass 3 712 E Peach St
2345 Arrowleaf Hills Dr. i RGH4872
Bozeman, MT 59715-9277
Amy Kelley & Todd Hoitsma ��� �/�f 706 E Peach St
706 E. Peach St. V `� .3/ 3 RGH4327
Bozeman, MT 59715 �Y
Laura P. & Vernon T. Smith III �2 - 30 E Peach St
1828 Old Yellowstone Trail S � j� RGH2187
Emigrant, MT 59027-6006 � x
Sky Sterry & Trisha Wookey // 626 E Peach St
4979 Durston Rd. �IZ3 RGH4007
Bozeman, MT 59718-9499
Media Station Inc. 627 E Peach St
by Erik "Ole" Nelson RGH4967
627 E. Peach St.
Bozeman, MT 59715-3033 3 23
Joshua Fairchilds &Angela 717 E Cottonwood Rd
Sandoval RGH5817
717 E. Cottonwood Rd.
Bozeman, MT 59715
Gregory Matthews, Trustee /7/ 707 E Cottonwood Rd
3261 Harrison St. RGH3083
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