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Home My WebLink About01-27-25 Public Comment - J. Kauffman - Notice of a Site Plan Application #24254- Salvation Army Site PlanFrom:John Kauffman To:Bozeman Public Comment Cc:Erin George Subject:[EXTERNAL]Notice of a Site Plan Application #24254- Salvation Army Site Plan Date:Tuesday, January 21, 2025 12:03:11 PM Attachments:Comment by Babcock Downtown on App #24254 (1-21-25).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. Please see attached comment letter regarding Site Plan Application # 24254 and add the same to the public record. Thank you. John Kauffman John M. Kauffman Kasting, Kauffman and Mersen, P.C. 716 South 20th Avenue, Suite 101 Bozeman, Montana 59718 (406) 586-4383 (406) 587-7871 facsimile jkauffman@kkmlaw.net This email message and any attachments may contain confidential information which is protected by attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance of the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by telephone at (406) 586-4383 or by e-mail as listed above and destroy all copies of this message and any attachments. Thank you January 21, 2025 VIA EMAIL AND US MAIL City of Bozeman comments@bozeman.net Department of Community Development ATT: Application 24254 P.O. Box 1230 Bozeman, MT 59771-1230 Re: Notice of a Site Plan Application #24254- Salvation Army Site Plan Dear City of Bozeman: Our office represents Babcock Downtown, LLC (“Babcock”), which owns Lots 19 and 20 Maple Terrace Subdivision on N 19th Ave, Bozeman, Montana (the “South Lots”). This letter is submitted as Babcock’s public comment to the Notice of a Site Plan Application #24254- Salvation Army Site Plan (the “SA Application”). The SA Application was submitted by the “Developer”, SK2/Miller Babcock, LLC (“S2K”). It involves a proposed new building site for the Salvation Army at 840 N. 19th Avenue and implicates the South Lots. More than a year ago, S2K sent a December 22, 2023 email to the City of Bozeman’s Director of Community Development, asking for a Director’s Interpretation of the proposed new Salvation Army building site. Exhibit 1 at 2-3 (email exchange between S2K and Director). The proposed site is currently zoned R-O and S2K wanted to know if constructing a community center on the proposed new site would fall within the permitted R-O Zoning uses. On January 3, 2024, the Director responded and provided the Director’s Interpretation to S2K’s inquiry, as it related to whether a community center could be considered “non-office” as that term is used in the R-O Zoning (the “Director’s Interpretation”). Exhibit 1 at 1. The Director first noted that “in the past, interpretation of the R-O district held that non-office meant residential. The ability to make a different interpretation now rests on two factors." Exhibit 1 at 1. January 21, 2025 Page 2 Factor One: In 2020, the Growth Policy and Future Land Use Map changed several use categories. The parcel proposed for the new Salvation Army building had an underlying designation of Residential Mixed Use. Residential Mixed Use is characterized as being substantially dominated by housing yet integrated with small-scale commercial and civic uses. Factor Two: Use of the South Lots for residential purposes. Specifically, the Director wrote: “Second, I understand that the second parcel in your project, a parcel located south of 840 19th will be residential [the South Lots]. This combined with a community center use will provide a mix of residentially- focused uses consistent with the underlying land use category and the R-O zoning." See Exhibit 1 at 1. Thus, in order to reach the decision that a community center was an appropriate use at the proposed site, under R-O Zoning, it appears S2K must ensure residential development of the South Lots. While S2K has an option on the South Lots to purchase the same from Babcock, it has not exercised that option, and the option expires at the end of January 2025. Should S2K timely exercise the option and purchase the South Lots, then it may proceed as it deems appropriate. However, if S2K does not purchase the South Lots, it does not have the authority to commit them to residential development. S2K makes a passing, though incomplete, reference to the foregoing situation in the Narrative portion of its development review application. Therein, S2K wrote: “On January 3, 2024 a Director’s interpretation of the R-O zoning allowable uses determined that the community center use is consistent with the zoning requirement for non-office uses at this location and is consistent with the 2020 Community Plan.” Missing from the Narrative are (i) the predicate assumptions made by the Director that there be residential development of the South Lots to reach that conclusion and (ii) the fact that S2K has not acquired the South Lots. Again, Babcock has no issue with S2K’s Application, provided it timely exercises its option to purchase the South Lots and closes on the same. If, however, it does not timely purchase and close on those lots, Babcock does not agree that the South Lots are designated for residential development. Rather, Babcock reserves the right to sell or develop (or not develop) the South Lots without any such restriction or any ties to S2K Application. In sum, Babcock does not consent to any restriction being placed on the South Lots related to the S2K Application. January 21, 2025 Page 3 By submitting this letter, Babcock wants it to be clear that use of the South Lots for residential purposes, as contemplated by the Director’s Interpretation, is entirely dependent on whether or not S2K timely purchases the South Lots. If S2K does not, then the S2K Application will need to proceed without reliance on the South Lots and S2K has not created a cloud on the title to the South Lots by virtue of its Application. Sincerely, John M. Kauffman Encl. c. Babcock Downtown, LLC (email only) Erin George, Director of Community Development egeorge@bozeman.net EXHIBIT 1 From: Anna Bentley Sent: Wednesday, January 3, 2024 11:45 AM To: Kerry Nickerson Cc: Erin George; Danielle Garber; Jonathan Fuller Subject: RE: [EXTERNAL]Request for Director's Interpreta2on - New Salva2on Army Community Center 840 N.19th Ave Follow Up Flag: Follow up Flag Status: Flagged Kerry, Thank you for your email. Based on the code, past administra2on of code provisions, and discussions with staff, I have determined that “non-office” as applied to this par2cular R-O parcel would include a community center use. Please note that in the past, interpreta2on of the R-O district held that non-office meant residen2al. The ability to make a different interpreta2on now rests on two factors. First, in 2020 the Growth Policy and Future Land Use Map changed several land use categories. 840 N 19th has an underlying designa2on of Residen2al Mixed Use. Residen2al Mixed Use is described as: “This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single- detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development.” Before 2020, the underlying designa2on was Business Park Mixed Use. Second, I understand that the second parcel in your project, a parcel located south of 840 19th will be residen2al. This combined with a community center use will provide a mix of residen2ally-focused uses consistent with the underlying land use category and the R-O zoning. Please note that you/your team, as the applicant, should an2cipate holding conversa2ons with the adjacent land users and owners. The addi2on of a large community center use, while consistent with the growth policy, may take some by surprise and generate public interest. Any neighbor engagement or outreach to gain input, share concepts, introduce ideas is your, the applicant’s, responsibility. Please know that I fully expect to hear from community members, and your efforts to engage early/oHen will be to your advantage. Thank you, Anna Bentley, AICP Director | Community Development | City of Bozeman P: 406.582.2940 | C: 406.595.5070 | E: abentley@bozeman.net CUSTOMER SERVICE HOURS (Front Counter @ 20 East Olive, 59715): Open: M, W, F: 9 AM – 4 PM; & T, TH: 9 AM – 1 PM Find online resources and check submitted application status through the Development Center webpage (www.bozeman.net/services/development-center). From: Anna Bentley Sent: Tuesday, December 26, 2023 3:18 PM To: Kerry Nickerson <kerry.nickerson@millerglobal.com> Cc: Erin George <egeorge@BOZEMAN.NET> Subject: RE: [EXTERNAL]Request for Director's Interpretation - New Salvation Army Community Center 840 N.19th Ave Kerry, Thank you for your email. I will consider this maTer and respond to you early next week. Thank you, Anna Bentley, AICP Director | Community Development | City of Bozeman P: 406.582.2940 | C: 406.595.5070 | E: abentley@bozeman.net CUSTOMER SERVICE HOURS (Front Counter @ 20 East Olive, 59715): Open: M, W, F: 9 AM – 4 PM; & T, TH: 9 AM – 1 PM Find online resources and check submitted application status through the Development Center webpage (www.bozeman.net/services/development-center). From: Kerry Nickerson <kerry.nickerson@millerglobal.com> Sent: Friday, December 22, 2023 3:11 PM To: Anna Bentley <abentley@BOZEMAN.NET>; Erin George <egeorge@BOZEMAN.NET> Subject: [EXTERNAL]Request for Director's Interpretation - New Salvation Army Community Center 840 N.19th Ave 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. Anna Bentley, Director City of Bozeman Community Development Anna - AHer further review of the UDC, we respecUully request a Director’s Interpreta$on related to the proposed New Salva2on Army Building located at 840 N. 19th Avenue that was reviewed during a pre-applica2on mee2ng. The following sec2ons of the UDC are set forth suppor2ng that the Community Center as defined in the UDC is an acceptable development on the property: 1. UDC Sec. 38.700.040 – defini$on of a Community Center is the building is used for nonprofit cultural, educa$onal, recrea$onal, religious or social ac$vi$es and owned by a non-profit group. 95% of the building floorplan area of the proposed Salva2on Army Building falls into this descrip2on with approximately 5% support office space for the indicated ac2vi2es. 2. UDC Sec. 38.700.150 – Principal Use is defined as “a use or structure which determines the predominant or major use of the lot on which it is located. The Principal use is that use which establishes the character of the property “. 3. UDC Sec. 38.310.030 Table 38.310.030.A - under R-O the uses column indicates a Community Center as a Principal Use. 4. UDC Sec. 38.310.030 Table 38.310.030.A – the applicable footnote for R-O states “Where a district lies over a residen$al growth policy the primary use shall be non- office uses”. Non-office uses according to the Table would be many uses including a Community Center. When all the above items are read as whole it is clear the proposed New Salva2on Army Building (Community Center) submiTed in the pre-applica2on mee2ng is an allowable use on the proposed property as the primary use is non-office and therefore request your approval. Thanks you for your 2me and Happy Holidays ! Kerry Copy to: Erin George, Deputy Director of Community Development D. Kerry Nickerson |EVP, Chief Development Officer Miller Proper2es Group, LLC 4643 South Ulster Street, Suite 1500 |Denver, Colorado 80237 303.224.7131 - direct | 720.854.8530 - mobile kerry.nickerson@millerglobal.com