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HomeMy WebLinkAbout05-20-25 Public Comment - C. Lawrence - Public comment related to Application 23185From:Cory Lawrence To:Bozeman Public Comment Subject:[EXTERNAL]Public comment related to Application 23185... Date:Monday, May 19, 2025 9:07:26 PM Attachments:image001.png image004.png image005.png image006.png Public Comment_Application 23185_The Bozeman Hotel_vF.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. To whom it may concern: Please accept the attached and apply to the responses received related to Application #23185. As adjacent property owners, we appreciate the opportunity to engage in this process and implore the Director of Community Planning and Development to deny the application until such time as the items noted in the attached are corrected and a better project is allowed to be developed in our downtown. Respectfully, Cory T. Lawrence President & CEO Office: 800-445-2995 or 406-586-1311 Direct: 406-414-8930 7 EAST BEALL STREET, BOZEMAN, MT 59715 WHERE THE HEART OF THE TRAVELER MEETS THE SOUL OF THE PLACE. Voted among the Top 15 Tour Operators in the World! Click to follow and request your Journeys Travel Book today! 1 SENT VIA EMAIL WITH ATTACHMENTS TO COMMENTS@BOZEMAN.NET, MAY 19, 2025 City of Bozeman Department of Community Development Attn: Application 23185 PO Box 1230 Bozeman, MT 59771 To whom it may concern: This letter is being written in response to the Notice of Site Plan Application related to application #23185. Being a downtown business owner and operator, we have several concerns about the application referenced above. First, the Master Plan does not coordinate with the site plan details. This is the case for both the drawings and information submitted with the application. There are significant discrepancies with square footages used in calculations versus what is determined per the drawings. The application summary includes information related to hotel rooms and condo units and a rooftop restaurant, while elsewhere in the plans and submissions there is reference to only hotel rooms, two restaurants, and a spa. In short, the application and related submissions are poorly organized and incongruent on topics of particular interest to adjacent property owners such as us. Second, the online Laserfiche application failed to load several of the plans (examples detailed below), leaving any public review impossible. This is a restriction of our ability to fully and completely and transparently review the documents we were noticed to inspect. As a result, we withhold all rights extended to us as an adjacent property owner until such time as a full and complete review can be made. The public process is supposed to support the public’s right to know and these technical problems impaired this right. Lastly, the following items have been identified as deficiencies in the project that, in our view, should promote the denial of this application until such time as these issues are addressed and modifications made that bring the project into compliance. 1. Objectionable Issues: a. Development Review Application indicates there is to be one building with 34 condo units and 121 hotel rooms and a rooftop restaurant and yet, in the parking calculations summary, there are two buildings, no condo units, two restaurants, an outdoor dining area, and a spa. 2 b. Project Narrative indicates a total of 198 guest rooms, whereas elsewhere in the document, 200 guest rooms are identified. c. The project assumes primary entry to the hotel from Lamme Street. Lamme Street is currently a hazardous throughway on the block between Tracy and Willson (the block on which the project sits). Not only will several on-street parking spaces be lost, but the street itself is not sufficient in width, curb and gutter, or management to accommodate the increase in traffic that will result from the project. This is a serious public safety issue and exists most extremely on Lamme Street, although Tracy and Beall streets also present serious hazards to the public as a walkway and driving street. All of these streets in current form do not support the minimum level of safety for the public. d. Request for Departure of Sec 38.510.030 B Weather Protection – Applicant has requested a departure from the requirements for weather protection as per the above-referenced section. This should not be allowed as this requirement has been required for similar buildings in the area. Further, with the significant vertical face of the building, wind tunneling effects will result, as they have at other similarly sized buildings. Having weather protection that meets this standard is necessary, in our view, to abide by the same rules applied to other buildings in the area. From experience, this weather protection offers a significant benefit to pedestrians as they navigate inclement weather that is frequent throughout much of the year. Especially given the other safety issues associated with reduced parking and traffic congestion, the loss of weather protection for pedestrians would further exacerbate public safety. e. Sec 38.540.050 – Number of parking spaces required i. Parking sufficiency – The project currently calculates a need for 106 parking spaces, all of which are to be accounted for by “116 SID parking stalls”. As I understand it, SID parking stalls are not stalls at all but rather, credit for SID parking that no longer exists. The substance of this is that the neighborhoods surrounding the project will be inundated with cars associated with hotel guests and patrons of the project. In turn, this will contribute to disputes with neighbors trying to maintain their own off-street parking, neighbors trying to adapt to the loss of public spaces in the neighborhood due to the presence of additional parked cars, and many derivatives of this nature. In addition to creating a hostile environment for everyone who lives, patronizes, or works in the area, this will unquestionably put public 3 health and safety in peril. There are already significant car-pedestrian and vehicle conflicts directly in this area courtesy of the poor planning associated with guest check-in at the AC Hotel. The project, as currently planned, will materially exacerbate parking problems, traffic congestion, and public safety. ii. Reconciling parking for project with the overall master plan – The applicant has modified the master plan and adjusted individual building plans several times. As a neighbor principally concerned about public health and safety related to traffic patterns and parking, it is an affront to the development process to be restricted from any ability to reconcile parking calculations, use of SID parking stalls, and the sharing of parking between the current site plan application and the master plan. From a comparative to what I cannot verify as the current master plan document, the parking calculations are woefully different and fail to reconcile to what is included in application 23185. The failure of the applicant and city planning department to provide a clear reconciliation and verification of the information of the master plan and current site plan, restricts our ability to address topics of greatest concern. As such, we withhold all rights to include parking sufficiency and related calculations and the same for traffic related planning associated with the site plan. In short, the current application should be declined until such time as this information is provided accurately and completely to the public. 1. Sec 38.540.010 states, “The provisions of this division are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal transportation options and enhanced pedestrian safety;” The application in current form and the absence of any reference or reconciliation to the master plan makes it impossible to reasonably review and evaluate the sufficiency of parking associated with this building. Fundamentally, the fact that zero parking is being required for this structure creates enormous questions of the commitment of the city staff to address issues of public health and safety and the maintenance of the character and nature of the neighborhood in which the project exists. iii. 38.540.010.2 Change of use or occupancy of buildings requires that to the extent that parking requirements have changed by more than 10 4 percent, an occupancy permit cannot be issued until such additional parking spaces, in the amounts required, are provided for. In spite of this, there is not provision of prior parking calculations to current application calculations. Here again, as a concerned neighbor, I cannot even access information to confirm that UDC requirements apply and/or have been met. iv. Parking calculations – Parking calculations were found to be incorrect or unclear as to calculation due to unsupported assumptions by the applicant. To follow are all of the errors, irregularities, or inaccuracies in our review: 1. Land Use – Hotels a. Applicant indicates 16 employees on maximum shift and yet, provides no backup support for this figure. With 200 guest rooms over nearly 200,000 square feet of building, requiring a significant front desk, housekeeping, engineering, and management staff, this figure does not appear to be accurate. Further, the hotel has, as stated in one of the many varying narratives about the programming of the property, three restaurant/bars (one restaurant/bar at ground level totaling over 3500 sf of indoor and outdoor seating, one hotel lobby bar of 750 sf, and one restaurant on the 6th floor totaling over 1800 sf), a spa with over 4700 sf of space, a “mercantile”, and an event space of an undisclosed square footage but estimated to be roughly 3,000. To this, all of the kitchen, food preparation, and back-of-house support areas equate to the need for significantly more than 16 employees on maximum shift. b. Taking estimates from a sampling of comparable hotel properties with similar F&B and meeting spaces but without spa or mercantile spaces, the average number of employees required for maximum shift could easily be greater than 60 employees. In addition, the applicant has stated in a public presentation about the property that it is to be “Bozeman’s first and only full-service luxury hotel”. This further supports that maximum shift 5 employee count will be significantly higher than 16 employees, as stated in the application. c. Taking the above into account results in a minimum parking requirement of at least 136 spaces or an increase to overall project parking minimum requirements of 20 spaces. Given the current application provides for “SID stalls” (see below) of only 116, the applicant fails to provide for the minimum required parking spaces. 2. Land Use – Retail a. Applicant made another calculation error in the parking calculation in relation to the “Retail (Spa)” land use. The applicant used the B-3 Reduction of 50% related to “Restaurants” but identified this land use as “Retail”. The correct B-3 allowable reduction for “Retail” is 40%. This results in the addition of one parking space, from three to four. 3. Allowable reductions – There is reference to the “SID stalls” associated with the premises. From our recollection of the master plan, the applicant has thus far been allowed to “trade” these SID stalls between and among the various buildings as a means of “meeting” parking requirements. We have never seen any certification that these SID stalls actually exist and would request that certification be required as part of the application in order to confirm the existence and number of such SID stalls. Further, based on our research of the UDC, there is no right provided for SID stalls to be used between and among various properties. This, too, is a point of concern for us as it appears the SID stalls of the applicant are being freely moved between and among other properties. f. Sec 38.520.070 – Mechanical Equipment Screening i. Sec 38.520.070 E requires that “All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment must be fully screened from public view both at grade and from higher buildings with the exception of solar panels and roof-mounted wind turbines.” The applicant has failed to meet this standard on numerous other buildings in the B-3 district. On several occasions in the past, we have implored the Director of Community Planning and 6 Development to enforce this UDC requirement at other buildings developed by applicant. Unfortunately, to date we have received no follow-through, although a prior Director of Community Planning and Development confirmed that this requirement did apply to the building. As a result of this history and the failure of the city to enforce this requirement, we are respectfully ask that it be required that the applicant account for and construct screening for all roof mounted mechanical equipment in accordance with the referenced code section. g. Lack of public access to application drawings – The following documents were not available via the Laserfiche system and therefore, could not be reviewed as a part of our consideration of the application. As such, we reserve the right to contest the application due to restrictions on our right to know in the public forum. 1. 006 – C1.1 Civil Site Plan a. 7 b. c. We respectfully ask the Director of Community Planning and Development to deny the application based on the above information. As an overall statement, the most significant concern we have as neighbors to the project that is subject to the application is the utter 8 absence of any parking requirements for the project and the inevitable traffic congestion and public safety hazards that will precipitate from both increased traffic and the absence of new parking spaces around and related to the project. It is beyond our comprehension that the city planning department will allow the addition of nearly 200,000 square feet of hotel, restaurant, bar, spa, mercantile, and meeting space without any parking requirements and with assumed traffic loading of adjacent streets and intersections that are already failing. Should the city decide to approve this project without mitigating these serious public safety and health issues, we feel compelled to seek relief of some kind for the good of the public and the property values of properties in the area. Losing the character and nature of this city’s beloved downtown due to increased parking and traffic issues is a terrible shame. It is an embarrassment that our public servants would allow this without a specific plan to mitigate the obvious detriments that will ensue. We are actively engaged in this process to implore a heightened sense of responsibility for the public good and the historic integrity of our downtown. We appreciate the opportunity to provide our comment and appreciate your kind consideration of it. Respectfully submitted, Cory and Carrie Lawrence Owners, Off the Beaten Path LLC 7 E Beall St – Suite 200 Bozeman, MT 59715