HomeMy WebLinkAbout03-27-23 Public Comment - D. Carty - Opposition to Cloverleaf ZMA App. No. 22218From:Daniel Carty
To:Terry Cunningham; Christopher Coburn; I-Ho Pomeroy; Jennifer Madgic; Cyndy Andrus
Cc:Agenda
Subject:Opposition to Cloverleaf ZMA App. No. 22218
Date:Monday, March 27, 2023 7:36:24 AM
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Date: Mar 27, 2023
To: Bozeman City Commission for Tue, Mar 28, City Commission MeetingSubject: Opposition to proposed Cloverleaf ZMA Application No. 22218
I am writing to ask the Bozeman City Commission (Commission) to deny Cloverleaf
ZMA Application No. 22218, which proposes to rezone a 3.2-acre parcel of land
(approx. 2.1 buildable acres) in Bozeman's Northeast Neighborhood from its historical
NEHMU zoning (Northeast Historic Mixed Use) to B-2M zoning (Community Business
District Mixed Use).
My reasons for asking for the denial of the Cloverleaf ZMA are as follows:
(1) In Nov 2022, the Commission voted down the Cloverleaf ZMA, but this ZMA
proposal reemerged this winter based on suggestions from City staff. I am concerned
that Commission approval of the Cloverleaf ZMA (i.e., approval of B-2M zoning) will
ultimately result in the loss of much of the Northeast Neighborhood's historical
character. Although B-2M zoning is appropriate for parcels of land located along
arterial road corridors, integrated into commercial nodes, and served by public
transit, the parcel of land in question is not located along an arterial road corridor, not
part of a commercial node, and not served by public transit. Consequently, keeping
this parcel of land zoned as NEHMU seems to be the appropriate choice becauseNEHMU can better protect the Northeast Neighborhood's historical character and
"sense of place" while still allowing for needed residential and commercial growth.
(2) Bozeman Municipal Code Sec. 38.300.110 (G) states the intent and purpose of
NEHMU 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.” Also, in
Nov 2022, a majority of the Commission voted their support for retaining NEHMU as a
unique zone, and the Commission has since instructed Code Studio in the UDC
Update project to revise NEHMU such that it is responsive to the City's current growth
needs. A group of Northeast Neighborhood residents has been meeting regularly—in
collaboration with developers and designers—and the group has already made
substantial progress on identifying simple, impactful revisions to NEHMU that the
group will submit to the City as part of the UDC Update project.
(3) The prospective developer has presented a conceptual (i.e., not under review by
the City) development plan of 110 residential units to area residents for the parcel in
question; however, the prospective developer does not yet own the parcel in
question. The prospective developer has acknowledged that the purchase closing
date has been postponed until Apr or May, 2023; hence, there is no guarantee the
prospective developer will close on the purchase of the parcel. Should the purchasefall through, then a Mar 28, 2023, approval of the Cloverleaf ZMA would leave an
undeveloped B-2M parcel that later could be developed in a manner inconsistent with
the historical character of the Northeast Neighborhood.
(4) Existing NEHMU zoning does not allow for Type 3 short-term rentals (STRs), butB-2M zoning does. Thus, approval of the Cloverleaf ZMA would result in B-2M, Type
3 STR allowances inconsistent with the City's desire for developers to provide
missing-middle housing for the City as a whole. Even if the prospective developer
finalizes the purchase of the parcel, and even if the prospective developer'sconceptual plan for a 110-unit residential development were approved by the City,
Commission approval of B-2M zoning would allow Type 3 STRs in all but the 14
housing units identified by the prospective developer as "affordable" and tied to
potential TIF funding.
(5) It might appear that the "backdrop" of the Cloverleaf ZMA has changed because
of the prospective developer's willingness to self-impose a restriction on building
height and to offer 14 affordable-housing units under a potential TIF agreement.However, only a property owner can record restrictive covenants against real
property, and the prospective developer does not yet own the parcel in question.
Also, any restrictive covenants need to be durable, but the TIF-related development
agreement is not durable because it contains a walkaway clause which, if exercised,would allow removal of the related restrictive covenants, thus leaving an undeveloped
B-2M parcel that later could be developed in a manner inconsistent with the historical
character of the Northeast Neighborhood.
(6) Finally, the prospective developer does not need B-2M zoning to pursue their
conceptual plan for a residential development. As the prospective developer
acknowledged in a recent presentation to area residents, the prospective developer
can leave NEHMU in place and pursue a Planned Development Zone (PDZ) toaccomplish their development goals.
In conclusion, it seems that a reasonable and prudent course of action would be for
the Commission to (a) deny Cloverleaf ZMA Application No. 22218 and then (b)ensure that Northeast Neighborhood residents continue to work with designers,
planners, developers, Code Connect, and the City to update NEHMU for the UDC
Update project. Such a course of action would protect the historical character of the
Northeast Neighborhood while allowing for residential and commercial growth thatwould benefit the community of Bozeman as a whole.
Daniel Carty213 N. Third Ave.
Bozeman, MT 59715
ph: 406-548-2810
email: dgc12@hotmail.com