HomeMy WebLinkAbout11-14-23 Public Comment - S. Mitchell - Comment against Left Lane Development's proposed Condos+Hotel MOU to BPL Board of Trustees for discussion at their meeting 11-15-23From:Sam M
To:Susan Gregory; Terry Cunningham; Agenda
Subject:[EXTERNAL]Comment against Left Lane Development"s proposed Condos+Hotel MOU to BPL Board of Trustees
for discussion at their meeting 11-15-23
Date:Tuesday, November 14, 2023 9:37:29 AM
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.
November 14, 2023
Dear:
BPL Director Susan GregoryBPL Board of Trustees: Stewart Mohr, Chair; Jennifer Pawlak, Vice Chair; Pam Henley; Mike
Redburn; Ken SpenceroardBozeman City Commission: Terry Cunningham, Commissioner, Mayor-Elect, Liaison to BPL
In the past week, it has become evident that Left Lane Development (LLD) a “…vertically
integrated private equity fund focused on acquiring and transforming luxury and lifestylehotels in high-growth secondary markets” has shown significant interest in expanding LLD’s
development activity from acquiring existing hotels to building a Condominium + Hoteldevelopment on land partially owned by BPL (and perhaps the City of Bozeman plus adjacent
private properties). LLD has requested your review and vote upon their proposal at your nextmeeting on Wed 11/15/23 at 4:00 p.m.. I am unable to attend in person due to my job
responsibilities, so I submit my public comment.
1) LLD is not creating 273 additional public parking spaces for BPL:Despite the text box on their first figure stating {NEW GROUND LEVEL PARKING: 273
SPACES}, the “NEW GROUND LEVEL PARKING” includes repaving/repainting thespace occupied by the existing 146 library spaces. When someone opens with a
disingenuous statement, carefully examining their subsequent statements seems prudent.From their figures, LLD adds 62 new spaces by: removing the turn-around-sculpture-circle
at the library entrance; extending the parking lot by ripping out the trees on the N, W, andS edges of the existing parking areas; and paving over much of the S sculpture garden area
adjacent to the current parking lot. 146+62 = 208 spaces. That still leaves 65 additionalparking spaces (273-208=65) to create in the available parking area, which requires
removing many pedestrian walkways and likely narrowing the spaces – problematic for atypical Montana vehicle. Good luck opening your door once you park in a cramped space,
or safely backing out of any of these parking spaces while people walk or ride their bikesbehind your vehicle.
2) LLD will frequently overuse BPL parking spaces to the detriment of BPLpatrons:LLD builds the minimum number of parking spaces for their guests and will inevitably use
many BPL parking spaces in the structure. They base their calculation on a proposedBozeman UDC Code from 8-14-23 which is now on hold following intense public
scrutiny. For LLD’s Condos they estimate 1 space x 48 condos=48 spaces, and for theirHotel they estimate 0.6 spaces/room for 176 keyed rooms=106 spaces. 48+106=154
spaces, which includes no spaces for their employees or for anyone using their restaurant,two Meeting Rooms, or Ballroom. In Montana, most people travel to a hotel with a car, not
0.6 of a car or a nearly non-existent Taxi/Uber/Lyft. If they use a more realistic ratio of 1car:1 hotel room, they can only be at 60% occupancy and fit all their guests into their 154
spaces; again, where do their employees park? I truly doubt LLD believes they will remainfinancially viable at 60% occupancy, so when they exceed that rate most days, LLD’s
parking needs will overtake those of library patrons.
3) LLD takes over public property and income for parking and greenspace:After re-reading the {Operating of Parking Structure} section several times, I believe it
can be summarized as:a. LLD-related users have the right to use all parking spaces in the structure,
including LLD-designated spaces and public spaces. The public does not have theright to use LLD-designated spaces.
b. If the LLD-related user parks (or has their car parked by an LLD valet) in apublic space, they will pay the public-use space fee and any applicable valet fee. It
is not entirely clear if both parking and valet fees go to LLD, but I believe LLDwill collect all the fees (i.e. an LLD Hotel guest who parks in a public spot due to
lack of LLD hotel spots will pay all fees to LLD and none to the city): Please seetheir language: {The Non-Reserved Spaces will not be required to be subject to the
PARCS, [Parking Access and Revenue Control System] and Left Lane willmaintain exclusive access control over and revenue generation from the Non-
Reserved Spaces. Left Lane will have the right to charge fees, in amountsdetermined by Left Lane, for use of such Non-Reserved Spaces, and all revenues
from such use will belong to Left Lane.}c. The publicly-owned space will now be under LLD’s control. Should a member
of the public who is not an LLD Condo owner or Hotel guest want to visit thelandscaped greenspace they propose atop the covered garage, the MOU states that
public citizens can only do so during BPL operating hours if a staff-member withappropriate BPL credentials chaperones them to the greenspace. I doubt BPL has
an operating budget to provide tour guides for LLD’s greenspace (or to staff“stargazing stations” since these will be outside BPLs typical operating hours).
4) LLD proposes severe restrictions to BPL and City property use for 75 years for$1/year:Under {Easement and Restrictive Covenant} the MOU states {…the City will grant an
easement and restrictive covenant benefiting the Hotel Property for a term of 75 years [thatwill] …. prohibit the City or any subsequent owner of the Library Property from …(ii)
increasing the height of any existing structures on the Library Property, in order to protectthe light, air, and views in favor of the Hotel Property.}
LLD appears quite comfortable with creating a seven-story N-S mass extending over 3 cityblocks which will delay direct sunrise for neighbors to the west for hours and sunset the
Bozeman Public Library by ~3 p.m. but in no way can BPL or the City interfere with theHotel’s views/lights/air. For this they are paying BPL the munificent sum of $1/year for 75
years. I found an interesting Bozeman Daily Chronicle article by Ron Tschida from 12-07-2000 describing the potential BPL site which opens with “…the 14-acre parcel that some
see as not only a future library site, but a potential centerpiece for downtown that wouldinclude a new City Hall and a performing arts center.” Building this hotel would lock out
any significant City development on the site for 75 years for $75. That seems unwise.
5) LLD insists taxpayers fund asbestos remediation to subsidize their hotel:After reviewing the MOU’s City Incentives/Community Housing Fund, some
observations: Jeff Krauss (long-term City Commissioner and Bozeman Mayor in 2006when the current BPL opened) has noted via several posts on Nextdoor.com that the
proposed LLD site has a substantial history of asbestos contamination, has been capped tocover underlying asbestos, and may be a significant environmental and financial liability
to residents of Bozeman if reopened. In City Commission Minutes from 07-16-01 andsubsequent Bozeman Daily Chronicle articles in 2009, it became clear that the City (i.e.
taxpayers) paid $2.4M in 2002-03 ($4.1M in 2023 dollars) for partial asbestos remediationof the BPL site and received $800k from the State DEQ in 2009 as a partial repayment.
LLD states {In exchange for Left Lane’s agreement to construct the Parking Structure and
provide the Bike and Pedestrian Access Easement, the City will provide the followingincentives to Left Lane:[___]Note: Parties to discuss incentives relating to asbestosremediation]. Left Lane will make one or a series of contributions to the City’s Community Housing
Fund, in an aggregate amount equal to the lesser of (i) the aggregate amount of credits orsubsidies received by Left Lane from the City for asbestos remediation at the Hotel
Property prior to opening of the hotel and (ii) $350,000 (the “CHF Contribution”).}
LLD’s offer to pay the lesser of [City subsidies for asbestos remediation] or [$350,000] isoffensive. LLD is asking taxpayers to subsidize the asbestos remediation for their project,
even if it runs into millions of dollars. They will then magnanimously funnel up to$350,000 of taxpayers’ money through LLD to the Community Housing Fund. How nice
for LLD to make an empty gesture towards the expensive challenge of community housingusing taxpayer's money. How insulting to all of us taxpayers. I do not believe BPL, the
City of Bozeman, or the tax-paying citizens who fund their budgets should pay a pennytowards asbestos remediation for a Private Equity group to build Condos and a Hotel.
If there is a compelling reason to develop this area for the good of the community (a new City
Hall, performing arts center, affordable housing, etc.), then we as citizens should consider,decide to approve and fund, and then move forward to make that space available for all of
Bozeman’s residents.
I urge the BPL Board of Trustees to reject LLD’s proposal.
Thank you for considering,Sam Mitchell
1020 S 3rd AveBozeman MT, 59715