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Home My WebLink About04-01-25 Public Comment - S. Boyd - Public comment for 25033, Appeal of the GuthrieFrom:Scott and Frances Boyd To:Terry Cunningham; Joey Morrison; Jennifer Madgic; Douglas Fischer; Emma Bode Cc:Bozeman Public Comment Subject:[EXTERNAL]Public comment for 25033, Appeal of the Guthrie Date:Tuesday, April 1, 2025 11:00:16 AM Attachments:STATEMENT OF FACTS.docx.pdfHolloran 1st outreach email.pdfHolloran and city walkthrough.pdfHolloran Bentley Fine 1BR meeting.pdfBentley aside email.pdfApproval of 24493 posted to repository website.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. Attached please find a statement of facts outlining the timeline of events related to the Guthrie, application #24493. This is intended to supplement the timeline submitted in the staff report for the appeal of the Guthrie, appeal #25033. Regards, Scott Boyd STATEMENT OF FACTS To understand the appellant’s basis for appeal, the appellant submits the following background pre-dating the City’s January 15, 2025, approval of the demolition of the Bridger Health and Rehabilitation Center building at 321 N 5th Street, and construction of the four-story, ninety-one-unit Guthrie Building (the Guthrie). The site is within the Neighborhood Conservation Overlay District, within the boundaries of the Midtown Neighborhood Association, and outside of the Midtown Urban Renewal District. This expanded timeline is intended to give the Commission greater context and a more complete understanding of the relevant events than the timeline submitted in the staff report for Appeal number 25033. 1. The Florence Convalescent Home was constructed circa 1959 as an assisted healthcare facility by Floyd Spady. The site continued operation as an assisted living facility (most recently the Bridger Rehabilitation and Care Center) until its closure in September 2022. 2. The Bozeman Neighborhood Conservation Overlay District (NCOD) was created in 1991. 3. On January 17, 2006, the Bozeman City Commission passed Resolution 3885, adopting by reference Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District into the development code. 4. In December 2006, the city passed Ordinance 1685, creating the North Seventh Avenue Urban Renewal District. 5. In November 2015, the city passed Ordinance 1925, amending the North Seventh Avenue Urban Renewal District and establishing the Midtown Urban Renewal District (MURD). 6. In 2015, the city engaged KLJ and ARCHitecture trio, Inc. consultants to conduct an NCOD audit. Page 47 of the report discusses the consultants' recommendation to move the eastern NCOD boundary along North 7th Avenue and to exempt properties fronting North 7th Avenue to ease redevelopment of this arterial. “The new boundary should be along North 6th Avenue from Peach Street to Mendenhall Street with two exceptions moving the boundary to 5th Avenue: 1. 5th Avenue from Mendenhall Street to Main Street 2. 5th Avenue from Peach Street to Short Street” On December 14, 2015, the NCOD audit and its recommendations were presented to the City Commission. 7. In April 2016, the city staff proposed Ordinance 1943, creating new R-5 and B-2M zoning districts. 8. In 2018, the city engaged consultants BendonAdams and Orion Planning + Design, tasked with “conducting extensive public engagement to best understand the community’s needs and preferences regarding historic preservation, the NCOD, historic district boundaries, and future development.” Page 18 of the April 2019 report recommends adjusting the boundary of the NCOD along N. 7th Avenue to remove that portion of the MURD within the NCOD. 9. On July 12, 2022, Andy Holloran arranged a meeting with former city manager Jeff Mihelich and former Community Development Director Anna Bentley to discuss HomeBase’s potential acquisition of 321 N 5th Avenue.1 10. On August 10, 2022, Andy Holloran, Anna Bentley, and city staff toured the subject property together.2 11. On August 23, 2022, the Bozeman City Commission approved Ordinance 2105, the updated Affordable Housing Ordinance. 12. On September 19, 2022, title to the subject property was acquired by HomeBase Partners through its affiliated entity, Fifth and Villard Apartments, LLC. 13. On September 21, 2022, a Historic Property Record survey and report by Metcalf Archaeological Consultants was presented to the HPAB. 14. On August 16, 2023, the Historic Preservation Advisory Board held its regularly scheduled Wednesday monthly meeting. The referenced document Key Dates List - Historic Preservation Advisory Board shows a discussion and recommendation tentatively scheduled for September 21. 15. On September 6, 2023, Andy Holloran, Anna Bentley, and David Fine meet to discuss HomeBase’s idea to classify the studio apartments as one-bedroom apartments.3 16. On Tuesday, September 12, 2023, a Special Meeting of the Historic Preservation Advisory Board was held to consider and approve draft text recommending, amongst other changes, modification of the NCOD boundary to provide input to the Community Development Board for the UDC update. The discussion was guided by a memo written by three staff members of the Community Development Department, including the Decision Authority for Application 24493. The proposed draft text recommendation to move the boundary of the NCOD was unanimously denied by the HPAB. 17. On September 13, 2023, Application 23294, “The Standard,” a predecessor to The Guthrie, was filed for review with the planning department as PLNAPP-4088. 18. On September 18, 2023, the Community Design Board held its first public hearing regarding the UDC rewrite, without HPAB input. 3 Holloran Bentley Fine 1BR meeting 2 Holloran and city walkthrough 1 Holloran 1st outreach email 19. On September 27, 2023, the HPAB memo to the Community Design Board regarding the UDC update based on the September 12 special meeting was prepared and submitted to appropriate staff. 20. On October 19, 2023, Application 23294, “The Standard,” reached adequacy and began the review process with the planning department. 21. On November 27, 2023, Application 23354, “The Guthrie,” was filed for review with the planning department as PLNAPP-4581. 22. On December 7, 2023, Application 23354, “The Guthrie,” reached adequacy and began the review process with the planning department. 23. On December 21, 2023, Application 23378, “The Guthrie SE”, to aggregate three underlying lots at 321 N 5th Avenue into one lot was filed for review with the planning department as PLNAPP-4787. 24. On January 2, 2024, the Montana Department of Environmental Quality issued Asbestos Project Permit MTP23-0186-00 for the removal of “22,000 square feet of Misc Black Mastic and 8,000 feet of Surfacing Popcorn Ceiling/Surfacing” 25. On March 13, 2024, Application 23354, including a proposed Site Plan (SP), Commercial Certificate of Appropriateness (CCOA), and an application to demolish (DEM) a contributing historic structure in the NCOD, gained adequacy and was publicly noticed. 26. From March 13, 2024, to April 8, 2024, public comments were received on application 23354. 27. On April 9, 2024, Anna Bentley emailed Andy Holloran with issues raised in public comments.4 28. On April 11, 2024, Application 23354, “The Guthrie,” completed review by the city’s planning department. 29. On April 16, 2024, the city commission reclaimed its review authority over application 23354. 30. On July 9, 2024, he city commission reviewed and denied Application 23354, triggering a two-year demolition stay (BMC 38.340.120.D.3). 31. On August 8, 2024, HomeBase filed a lawsuit in Gallatin County District Court against the City of Bozeman for the denial of Application 23354. 32. On September 9, 2024, the applicant submitted a revised SP, CCOA, and DEM application, #24493, to the City. 4 Bentley aside email 33.On December 4, 2024, the City determined Application 24493 was adequate. 34.From December 6, 2024, to December 31, 2024, application 24493 was open for public comment. 35.On January 15, 2025, the Decision Authority, the City’s Director of Community Development, approved Application 24493. 36.On January 16, 2025, public notice was given of the approval, giving the appellant only nine days to prepare an appeal.5 37.On January 30, 2025, the aggrieved parties filed Application 25033 APA, an appeal of the approval of Application 24493. 5 Approval of 24493 posted to repository website.pdf From:Andy Holloran To:Julie Hunter Subject:Re: 321 N 5th Ave Date:Tuesday, July 19, 2022 11:50:46 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. Great, thanks! Andy Holloran HomeBase Partners20 North Tracy Avenue Bozeman, Montana 59715406.404.1788 HBPartners.com From: Julie Hunter <JHunter@BOZEMAN.NET> Sent: Tuesday, July 19, 2022 10:50:08 AM To: Andy Holloran <andy@hbpartners.com> Subject: RE: 321 N 5th Ave How about 9am on Friday the 29th? From: Andy Holloran <andy@hbpartners.com> Sent: Tuesday, July 19, 2022 11:09 AMTo: Julie Hunter <JHunter@BOZEMAN.NET>Subject: Re: 321 N 5th 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. Hi Julie! I had my dates mixed up next week. Any chance we can meet after 3pm on the 27th, anytimethe 28th and morning of the 29th? Thank you!! Andy Andy Holloran HomeBase Partners20 North Tracy Avenue Bozeman, Montana 59715406.404.1788 HBPartners.com From: Andy Holloran <andy@hbpartners.com>Sent: Tuesday, July 12, 2022 8:10:06 AMTo: Julie Hunter <JHunter@BOZEMAN.NET>Subject: Re: 321 N 5th Ave Perfect! Andy Holloran HomeBase Partners20 North Tracy Avenue Bozeman, Montana 59715406.404.1788 HBPartners.com From: Julie Hunter <JHunter@BOZEMAN.NET>Sent: Tuesday, July 12, 2022 4:01:17 PMTo: Andy Holloran <andy@hbpartners.com>Subject: RE: 321 N 5th Ave Hi Andy, Jeff and Anna could meet at 8:00am on the 27th. Will that work for you? Thanks-Julie From: Andy Holloran <andy@hbpartners.com> Sent: Tuesday, July 12, 2022 2:41 AMTo: Julie Hunter <JHunter@BOZEMAN.NET>Subject: 321 N 5th 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. Hi Julie, Jeff and I spoke briefly about our acquisition of this property with the idea of converting it towork force housing. He said once we had it under contract we should meet with he and AnnaBentley. Any chance we can meet on July 26th? I can also meet morning of the 27th. Thank you! Andy Andy Holloran HomeBase Partners20 North Tracy AvenueBozeman, Montana 59715406.404.1788HBPartners.com From:Andy Holloran To:Anna Bentley Subject:Re: 321 N 5th Ave Date:Wednesday, August 10, 2022 3:04:54 PM 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. Hi there, Part in the 1950’s and the other in the 1970’s. Andy Holloran HomeBase Partners111 W. Lamme St Suite 101Bozeman, Montana 59715406.404.1788HBPartners.com From: Anna Bentley <abentley@BOZEMAN.NET>Date: Wednesday, August 10, 2022 at 1:59 PMTo: Andy Holloran <andy@hbpartners.com>Subject: RE: 321 N 5th Ave Sorry for the delay earlier. Thanks for the walkthrough. Do you happen to know when the building was constructed? Anna Bentley, AICP Interim Director & Deputy Director, Community Development | City of Bozeman P: 406.582.2940 | C: 406.595.5070 | E: abentley@bozeman.net Revised Customer Service HoursPlease note that we have revised our public hours for Community Development (Front Counter @ 20East Olive, 59715). Now Open: Monday, Wednesday, and Friday 9 AM – 1 PM. Find online resources and check submitted application status through the Development Centerwebpage (www.bozeman.net/services/development-center). We appreciate your patience andunderstanding during these times. From: Andy Holloran <andy@hbpartners.com> Sent: Wednesday, August 10, 2022 1:36 PMTo: Anna Bentley <abentley@BOZEMAN.NET>Subject: Re: 321 N 5th 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. Hi there! We are here. Andy Andy Holloran HomeBase Partners 20 North Tracy AvenueBozeman, Montana 59715 406.404.1788HBPartners.com From: Anna Bentley <abentley@BOZEMAN.NET>Sent: Tuesday, August 2, 2022 10:43:00 AMTo: Andy Holloran <andy@hbpartners.com>Subject: RE: 321 N 5th Ave Great. See you then/there. Thanks Anna Bentley, AICP Interim Director & Deputy Director, Community Development | City of Bozeman P: 406.582.2940 | C: 406.595.5070 | E: abentley@bozeman.net Revised Customer Service Hours Please note that we have revised our public hours for Community Development (Front Counter @ 20East Olive, 59715). Now Open: Monday, Wednesday, and Friday 9 AM – 1 PM. Find online resources and check submitted application status through the Development Center webpage (www.bozeman.net/services/development-center). We appreciate your patience andunderstanding during these times. From: Andy Holloran <andy@hbpartners.com> Sent: Tuesday, August 2, 2022 9:22 AMTo: Anna Bentley <abentley@BOZEMAN.NET>Subject: Re: 321 N 5th 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. Let’s plan on 1:30. Thanks Anna! Andy Holloran HomeBase Partners111 W. Lamme St Suite 101Bozeman, Montana 59715 406.404.1788HBPartners.com From: Anna Bentley <abentley@BOZEMAN.NET>Date: Monday, August 1, 2022 at 5:39 PMTo: Andy Holloran <andy@hbpartners.com>Subject: RE: 321 N 5th Ave Hi Andy, Thanks for following up. Ben and I could make between 9-11 or 1-3 on Aug 10 work. If any time in those windows works for you, please let me know. Thanks, Anna Bentley, AICP Interim Director & Deputy Director, Community Development | City of BozemanP: 406.582.2940 | C: 406.595.5070 | E: abentley@bozeman.net Revised Customer Service HoursPlease note that we have revised our public hours for Community Development (Front Counter @ 20 East Olive, 59715). Now Open: Monday, Wednesday, and Friday 9 AM – 1 PM. Find online resources and check submitted application status through the Development Centerwebpage (www.bozeman.net/services/development-center). We appreciate your patience and understanding during these times. From: Andy Holloran <andy@hbpartners.com> Sent: Saturday, July 30, 2022 12:54 PMTo: Anna Bentley <abentley@BOZEMAN.NET>Subject: 321 N 5th 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. Hi Anna, Thanks again for your time yesterday! Would August 10th work to walk the property with your team? I can be flexible on time. Thank you, enjoy your weekend! Andy Andy Holloran HomeBase Partners20 North Tracy Avenue Bozeman, Montana 59715406.404.1788 HBPartners.com From:Andy Holloran To:David Fine; Anna Bentley Subject:Re: [EXTERNAL]The Standard - 1 bed unit with sliding doors Date:Tuesday, September 5, 2023 1:23:21 PM 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. How about 9am MST? Andy Holloran HomeBase Partners20 North Tracy Avenue Bozeman, Montana 59715406.404.1788 HBPartners.com From: David Fine <DFine@BOZEMAN.NET> Sent: Tuesday, September 5, 2023 12:19:51 PM To: Andy Holloran <andy@hbpartners.com>; Anna Bentley <abentley@BOZEMAN.NET> Subject: RE: [EXTERNAL]The Standard - 1 bed unit with sliding doors This afternoon is full, but tomorrow morning is wide open for me. Does anytime tomorrow morning work for you? David Fine | City of Bozeman Economic Development C: 406.551.0209 |dfine@bozeman.net | www.bozeman.net | he / him / his From: Andy Holloran <andy@hbpartners.com> Sent: Tuesday, September 5, 2023 1:18 PM To: Anna Bentley <abentley@BOZEMAN.NET>; David Fine <DFine@BOZEMAN.NET> Subject: Re: [EXTERNAL]The Standard - 1 bed unit with sliding doors 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. Do you all have a couple minutes to discuss this afternoon? Thank you! Andy Holloran HomeBase Partners 20 North Tracy Avenue Bozeman, Montana 59715 406.404.1788 HBPartners.com From: Andy Holloran <andy@hbpartners.com> Sent: Friday, September 1, 2023 2:32:11 PM To: Anna Bentley <abentley@BOZEMAN.NET>; David Fine <DFine@BOZEMAN.NET> Subject: Re: [EXTERNAL]The Standard - 1 bed unit with sliding doors Thanks Anna! Andy Holloran HomeBase Partners 20 North Tracy Avenue Bozeman, Montana 59715 406.404.1788 HBPartners.com From: Anna Bentley <abentley@BOZEMAN.NET> Sent: Friday, September 1, 2023 2:25:28 PM To: Andy Holloran <andy@hbpartners.com>; David Fine <DFine@BOZEMAN.NET> Subject: RE: [EXTERNAL]The Standard - 1 bed unit with sliding doors Yes, received! Thanks for sending. Will confer w David Tuesday (he’s out of the office) and circle back. Thank you for pulling this together! And, have a great weekend 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: Andy Holloran <andy@hbpartners.com> Sent: Friday, September 1, 2023 3:04 PM To: David Fine <DFine@BOZEMAN.NET>; Anna Bentley <abentley@BOZEMAN.NET> Subject: [EXTERNAL]The Standard - 1 bed unit with sliding doors 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. Hi there! From:Andy Holloran To:David Fine; Anna Bentley Subject:[EXTERNAL]The Standard - 1 bed unit with sliding doors Date:Friday, September 1, 2023 8:42:07 AM Attachments:safe print Unit plan w sliding doors.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. Good morning! Attached is an idea to create a true one bedroom unit. I look forward to your feedback! Thank you, Andy Andy HolloranHomeBase Partners 111 W. Lamme St Suite 101 Bozeman, Montana 59715406.404.1788 HBPartners.com From:Anna Bentley To:"Andy Holloran" Cc:Sarah Rosenberg; Erin George; Audrey Chorak Subject:Guthrie (23354): Clarification requests Date:Tuesday, April 9, 2024 5:48:21 PM Andy, Based on staff analysis to date and public comment received (note public comment period closed 4/8), staff is asking for additional information on the topics identified below. Additional clarification/information will allow us to complete our assessment and review of the CCOA/site plan application. These comments/asks will also be entered into PDox, which will allow your team to respond/upload. Staff will then complete review of the application. Supplemental information for the historic inventory form. Already in progress, thank you. Update project narrative to ensure it reflects revisions made to the application (e.g., average unit size). Also please review all plan sheets to ensure they are consistent with each other and the updated narrative (e.g., floor plans, open space, bicycle numbers). Traffic calming. Details forthcoming, I’ll forward text (and it will also go in PDox) as soon as it’s in hand. Cost quantification of renovation vs new build. Sec.38.340.090 addresses demolition or movement of a historic structure or site. Sub-item C.2 states that the review authority must consider costs of repair/rehab and how that compares to costs of demolition/redevelopment with a building of same type/scale. Two requests around the cost comparison information already provided in the application package: 1.A separate bit of code talks about the need for the cost analysis to include estimates from more than one general contractor. (Sec.38.220.090.A.1.j) Please clarify or add information around using more than one source for your analysis. 2.Several specific questions arose in public comment about inputs to the comparisons. Please review and update your comparison/narrative if/as appropriate. Here’s an example of questions, pg 2-3, https://weblink.bozeman.net/WebLink/DocView.aspx? id=289265&dbid=0&repo=BOZEMAN&cr=1 As an aside, Sec.38.340.090.C. follows the review criteria (which includes cost comparison) with the statement, “Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to section 38.230.070, the review authority may determine the proposed subsequent site development is more appropriate for the site based on the criteria in section 38.230.100.” Therefore, as part of review consistent with 38.230.100 (Plan review criteria), it is possible and code allows that demolition and subsequent development may be deemed appropriate, regardless of criteria indications. If you have any questions, please let us know. 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 https://www.bozeman.net/departments/community-development Our agenda@bozeman.net email address is going away! - For public comments, our new address will be comments@bozeman.net - For records requests or the status of a submitted request, our new address will be information@bozeman.net - For RFP/RFQ submissions, questions, or status requests of a procurement, our new address will be procurement@bozeman.net Laserfiche • Q. Advanced [ [ [ [" [ [ BOZEMAN >Planning >Planning Projects >2020-2024 >2024 >24493 6 Entries Name Page cou Is indexe�ate created J Date modified Volume name L]24493 Application Documents true 12/6/2024 10:52:06 AM 12/6/2024 10:52:51 AM DEFAULT L)24493 Application Drawings true 12/6/2024 10:52:51 AM 12/6/2024 10:53:41 AM DEFAULT fl 24493 Application Summary 2 true 9/20/2024 12:50:06 PM 9/20/2024 12:50:06 PM DEFAULT fl 24493 Notice 2 true 12/6/2024 10:53:41 AM 12/6/2024 10:53:41 AM DEFAULT fl 24493 staff report final 38 fl 24493 The Guthrie 5th and Villard CCO... 2 true true 1/16/2025 9:33:55 AM 1/16/2025 9:3,:01 AM DEFAULT 12/6/2024 10:53:41 AM 12/6/2024 10:53:41 AM DEFAULT