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Home My WebLink About03-17-23 Public Comment - A. Kelley Hoitsma - Neighborhood Protest of Application 22218_ Cloverleaf ZMAFrom:Amy Kelley Hoitsma To:Agenda; Cyndy Andrus; Terry Cunningham; I-Ho Pomeroy; Christopher Coburn; Jennifer Madgic Cc:Jeff Mihelich; Greg Sullivan; David Fine Subject:Neighborhood Protest of Application 22218: Cloverleaf ZMA Date:Friday, March 17, 2023 1:49:54 PM Attachments:CLOVERLEAF_ZMA_PROTEST_14MARCH2023.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Honorable Mayor Andrus, Deputy Mayor Cunningham, Commissioner Coburn, Commissioner Madgic, and Commissioner Pomeroy: On behalf of several neighbors who are owners of property within 150’ of the applicationparcel, on Tuesday I respectfully filed with the City Clerk the attached Neighborhood Protest and supporting documents relating to the Bronken property, a prominent component of theNEHMU zone district, for which application (#22218) has been filed to change the zoning to B-2M. I believe our reasons for protesting the zone map amendment (ZMA) are clearly stated in theprotest letter. I would like to reiterate that we are not opposed to the concept of residential development being proposed for this parcel, and we applaud the addition of affordable housingunits. What we oppose is losing this key piece of the NEHMU district by changing it to B- 2M. The Cloverleaf developers can pursue their vision and preserve the NEHMU by applying for aPDZ, which they said they would pursue should the B-2M ZMA be rejected again by the City Commission. Especially given the recent upset in the financial market (bank failures), the neighbors areextremely concerned that—should unforeseen circumstances arise—we could be left with an undeveloped B-2M parcel that could then be developed in a manner not envisioned by theCloverleaf developer. A majority of the City Commission has voiced support for retaining NEHMU as a unique zone and has given instruction to Code Studio in the UDC Update project to revise the NEHMUprovisions to make it responsive to current needs. A group of engaged residents of the Northeast Neigbhohood have been meeting regularly—in collaboration with developers anddesigners—and have already made substantial progress on identifying simple, impactful changes to the UDC, which we will submit as part of the UDC Update project. We respectfully ask that you consider our reasons and again reject the Cloverleaf ZMA at yourMarch 28, 2023, City Commission meeting. With my best, Amy Kelley Hoitsma 706 E. Peach St.Bozeman, MT 59715 406-581-1513aok@mcn.net Z M A P R O T E S T 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. B-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 STR 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. ZONE MAP CHANGE PROTEST PROPERTIES w/in 150 FEET OF BRONKEN PARCEL re: Cloverleaf Zone Map Amendment - Application 22218 Applicant: Cloverleaf, LLC Owner: Bronken. P.O. Box 188, Bozeman MT 59771-0188 Property Address: 707 E. Peach St., Bozeman, MT 59715 Parcel RGH1729 SIGNED PROPERTY LEGAL MAILING PROTEST ADDRESS OWNER DESCRIPTION PARCEL ADDRESS 1 E. Cottonwood St. (NW corner of Ida) Bangtail Partners LLC (Manager managed) (R.A. = R Mark Josephson, 205 HOOPER ST, Big Timber 59011)N. PAC. ADD'N, Block 105, Lot C (Plat C-23-A41)pending PO BOX 2652 DEPT 35, Menlo Park, CA 94026-2652 2 E. Cottonwood St. (mid-block)Bangtail Partners LLC N. PAC. ADD'N, Block 105, Lot B (Plat C-23-A41)pending PO BOX 2652 DEPT 35, Menlo Park, CA 94026-2653 3 705 E COTTONWOOD RD BIG DOG REAL ESTATE LLC (R.A. = Amy Hanson, 517 S. 22nd Ave., Bozeman)N. PAC. ADD'N, BLOCK 101, Lot 20 - 22 RGH3636 1970 STADIUM DR STE 1, BOZEMAN, MT 59715-0623 4 707 E COTTONWOOD 2018 GREGORY MATTHEWS REV TRT N. PAC. ADD'N, BLOCK 101, Lot 17 - 19 RGH3083 3261 HARRISON ST, SAN FRANCISCO, CA 94110-5212 5 713 E COTTONWOOD MAGUIRE JOSEPH G N. PAC. ADD'N, Block 101, Lot 15-16 RGH3191 PO BOX 6626, BOZEMAN, MT 59771-6626 6 717 E COTTONWOOD AVE FAIRCHILDS JOSHUA R & SANDOVAL ANGELA R N. PAC. ADD'N, BLOCK 101, Lot 14 RGH5817 717 E COTTONWOOD AVE, BOZEMAN MT 59715 7 street (Front?)CITY OF BOZEMAN N. PAC. ADD'N, BLOCK 101, Lot 12 - 13 RGH33771 PO Box 1230, BOZEMAN, MT 59771-1230 8 None listed EAST COTTONWOOD AND FRONT LLC (R.A. = David Loseff, 105 W. Main St.)N. PAC. ADD'N, BLOCK 101, TRACT 1 PLAT C-23-A27 RGH3208 PO Box 850, BOZEMAN, MT 59771-0850 9 725 E COTTONWOOD ST EAST COTTONWOOD AND FRONT LLC N. PAC. ADD'N, BLOCK 101, Lot 9 - 11, TRACT 5 OF LOTS RGH3151 PO Box 850, BOZEMAN, MT 59771-0851 10 N/A (lumber yard along Avocado) WESTLAND ENTERPRISES INC (R.A. = Thomas R. Simkins, 326 N. Broadway )N. PAC. ADD'N, BLOCK 53, Lot 1 - 10 & 34 RGH6425 PO BOX 938, BOZEMAN, MT 59771-0938 11 N/A (lumber yard along Plum)WESTLAND ENTERPRISES INC N. PAC. ADD'N, BLOCK 53, Lot 11 - 46, PLUS POR VAC ALLEY . . . RGH27898 PO BOX 938, BOZEMAN, MT 59771-0939 12 422 N PLUM AVE THE CYPRESS TREE LLC N. PAC. ADD'N,Lot 21A, PLAT C-23-A33 (IN BLK 50 & 53)RGH6191 C/O MOUNTAINS WALKING, 422 N PLUM AVE, BOZEMAN, MT 59715-3038 13 724 E PEACH ST RYAN CATHERINE BREINER N. PAC. ADD'N, BLOCK 52, ALL LESS W 71' OF LOTS 7-10 RGH2864 124 HERITAGE DR, BOZEMAN, MT 59715-9224 14 VACANT LOT DAYTON CHANDLER RAE N. PAC. ADD'N, BLOCK 52, Lot 10A (Plat C-23-A44)taxed with #15 716 E PEACH ST, BOZEMAN MT 59715 15 716 E PEACH ST DAYTON CHANDLER RAE N. PAC. ADD'N, BLOCK 52, Lot 7A (Plat C-23-A44)RGH1388 716 E PEACH ST, BOZEMAN MT 59715 16 712 E PEACH ST KLEINE JULIE & MUGAAS AARON N. PAC. ADD'N, BLOCK 52, Lot 5 - 6, (PLAT C-23)RGH4872 2345 ARROWLEAF HILLS DR, BOZEMAN, MT 59715-9277 17 706 E PEACH ST HOITSMA TODD R & AMY KELLEY N. PAC. ADD'N, BLOCK 52, Lot 3 - 4, (PLAT C-23)RGH4327 706 E PEACH ST, BOZEMAN, MT 59715-3036 18 702 E PEACH ST KAPSNER HOPE & MATTHEW N. PAC. ADD'N, BLOCK 52, Lot 1 - 2 (PLAT C-23)RGH3605 702 E PEACH ST, BOZEMAN MT 59715 19 630 E PEACH ST SMITH VERNON T III & LAURA P BABCOCK & DAVIS ADD'N, BLOCK 7, Lot 7A, (PLAT C-19-X)RGH2187 1828 OLD YELLOWSTONE TRL S, EMIGRANT, MT 59027-6006 20 626 E PEACH ST STERRY SKY & WOOKEY TRISHA BABCOCK & DAVIS ADD'N, BLOCK 7, portions of LOTS 4 & 7 RGH4007 4979 DURSTON RD, BOZEMAN, MT 59718-9499 21 627 E PEACH ST MEDIA STATION INC (R.A. = Ole Nelson, 627 E. Peach St.)N. PAC. ADD'N, BLOCK 106, Lot 17 - 21 RGH4967 627 E PEACH ST, BOZEMAN, MT 59715-3033 22 630 E COTTONWOOD ST RCAR LLC (R.A. = Bryan Law Firm, 11 E. Main St., Ste. D)N. PAC. ADD'N, BLOCK 106, Lot 15 - 16 RGH1692 PO BOX 161297, BIG SKY, MT 59716-1297 23 626 E COTTONWOOD ST MILL STREET LOFT CONDO MSTR N. PAC. ADD'N, BLOCK 106, LOT B (Plat C-23-A17)06079906403237000