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HomeMy WebLinkAbout10-14-16 BryanConcerns and Issues Regarding the Proposed Development at Black and Olive in South Bozeman Page 1 of 8 Randy Peters and Kate Bryan; Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Email: rpeters@bresnan.net & KateBryan2000@gmail.com October 14, 2016 From: Randy Peters and Kate Bryan Partners/Owners of 210 South Black Property, Bozeman (2 Story Historic Building bordering the south property line of proposed development) To:  Chris Kukulski, Bozeman City Manager  Bozeman Community Development & Planning Department o Chris Saunders, Interim Director o Brian Krueger, Development Review Manager  Jessica Johnson (Neighborhood Coordinator)  Design Review Committee & Design Review Board  Bozeman City Commissioners o Carson Taylor, Mayor o Cynthia Andrus, Deputy Mayor o Jeff Krauss, Commissioner o Chris Mehl, Commissioner o I-Ho Pomeroy, Commissioner  Neighbors RE: Proposed Development Project at Black and Olive We received an email notification on Oct 10 from the neighborhood coordinator and read the Bozeman Chronicle article on Oct 12 documenting the filing of a formal application and site plan for the proposed development at the corner of Black Avenue and Olive Street in south Bozeman. We also attended previous presentations by Mr. Andy Holloran of HomeBase Montana on August 2nd and 18th regarding preliminary plans to build a mixed-use several story high-rise building at the same location. This letter and associated issues/concerns are based on the most recent site plan submission as well as previous preliminary plans. We own the property at 210 South Black, directly adjacent and south of the proposed development. It is a contributing property and the first home on the block within the Black and Tracy historical district. It is a two story house built in 1930 on a small 40ft wide lot and zoned B3. We have owned/managed the rental property for about 15 years. In order to preserve and enhance the building’s standing in the beautiful and historic south Bozeman neighborhood, we have made positive improvements to the structure and property (e.g., new roof, new paint and landscaping, etc.). Also residents of south Bozeman for nearly 2 decades, we take pride in providing well-managed, affordable rental housing. Precedent-setting Development: The proposed high rise apartment project will set a precedent for future development in the Neighborhood Conservation Overlay District (NCOD) impacting the delicate balance between a vibrant downtown and the character of historic neighborhoods, which make Bozeman a special place where people live, work and play (rather than visit for a few days, weeks or months without community attachment). Concerns and Issues Regarding the Proposed Development at Black and Olive in South Bozeman Page 2 of 8 Randy Peters and Kate Bryan; Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Email: rpeters@bresnan.net & KateBryan2000@gmail.com Adjacent Property Owner and Neighborhood Concerns: Along with many in the community and among neighbors of south Bozeman, we have numerous concerns, as adjacent property owners, about the proposed development and its impact on our property and the neighborhood. We are opposed to the project plans as initially presented by HomeBase Montana and currently in the site plan application for a number of reasons, which are described in the following pages. Issues & Concerns Per UDC Code and NCOD Design Guidelines: Upon researching Bozeman’s Unified Development Code, Sec 38.19; Plan Review Criteria and Article 16; the NCOD design guidelines regarding appropriateness and compatibility with surrounding properties, structures and adjacent neighborhoods; we believe the large mass and scale of the proposed development (5 story-15,238 sq. ft. footprint) is the major issue and concern. As planned, it is not appropriate or compatible with the surrounding neighborhood. Economic Impact on Our Property: The proposed building height, design and infrastructure impact, if not mitigated through the design review process, could have a negative financial impact on us. This proposed development could diminish our rental property’s appeal, restrict our ability to attract and retain tenants and potentially limit rents we charge. The purpose of this letter is to go on record with our concerns to ensure that the design and scope of this project will be appropriate and that these concerns, as well as those of the neighborhood, will be addressed during the design review process. We will monitor the process to confirm that these concerns are documented and thoroughly addressed by the City of Bozeman (Planning Department, Design Review Committee, Design Review Board and City Commission) and HomeBase Montana or potential future developers of the Olive/Black property. Based on the recent site plan application and previous August presentations by HomeBase Montana, the following pages outline our issues and concerns. We are not opposed to some development of the Olive/Black property as long as our concerns, and the concerns of the neighborhood, are taken into consideration and mitigated as much as possible. Additional issues or concerns may arise as more details about the development are formally presented for review. Please read through these concerns and contact us if you need further information or clarification. We will follow-up to ensure that all decision-makers and enforcement entities have a clear understanding of the facts necessary to address these concerns and take action regarding the scope and design of the proposed development. Thank you. Sincerely, Randy Peters & Kate Bryan Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Emails: rpeters@bresnan.net and KateBryan2000@gmail.com (Please direct all subsequent correspondence to both these email addresses – Thank you) Concerns and Issues Regarding the Proposed Development at Black and Olive in South Bozeman Page 3 of 8 Randy Peters and Kate Bryan; Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Email: rpeters@bresnan.net & KateBryan2000@gmail.com ISSUES DESIGN CONCERNS Historic Bozeman Neighborhood and Adjacent Property (210 South Black) Design High-Rise Design & Historic Neighborhood Concerns:  The proposed high rise mixed use building design lacks compatibility and sensitivity to the adjacent historic properties and neighborhood in terms of mass, scale and character.  Recent multiple story developments one block off Main Street such as the Element Hotel (completed), East Mendenhall “Nebo” project (under construction) or 5 West (under construction), are limited in their aesthetic or visual consideration for maintaining harmony in transition from Bozeman’s historic downtown to adjacent historic neighborhoods (“big box” design with lack of visual curb appeal, lack of congruity with adjacent properties, limited landscaping and lack of green space).  The proposed building two blocks off Main at Olive/Black with similar style is at odds with City standards for certificates of appropriateness, plan review criteria, and design guidelines for the NCOD at the edge of a south Bozeman historic district neighborhood. Design Building Height and Footprint Concerns:  This 5 story multi-use building will have a huge footprint of over 15,000 sq. ft. and will include retail, potential office space and 55 apartments. This scale and height is not compatible with adjacent structures in this historic neighborhood where most of the homes on south Black, Tracy and Bozeman streets are 1 or 2 story homes.  Such a high rise building is out of character for a neighborhood of historic homes and churches. Even the historic 3 ½ story Blackmore apartments on the north side of Olive will be dwarfed by this building. The City’s own 2 story Stiff Office building across the street on Black is compatible and the 5 story Federal Building, on Babcock, a block away is less intrusive.  Views of the mountains and even the sky from many neighborhood windows and back yards will be obstructed and disappear in many cases by this massive apartment building. Design Setbacks and Step-backs to Mitigate Mass and Scale (Also see issues of views, natural light and airflow below) Concerns:  B3 zoning currently doesn’t require setbacks from the property line. However, the site plan shows a 10 ft. setback from the south property line primarily for utility easement.  Article 16 (NCOD) of the UDC (in section 38.16.050) identifies numerous ways to minimize scale and mass in relation to adjacent properties, structures and historic neighborhoods (e.g., building height, relationship to building masses and spaces, scale, step backs/graduated height transitions to surrounding properties and historic neighborhoods and directional expression).  In spite of this setback and according to UDC/NCOD guidelines, the mass and scale (5 story, 15,238 sq. ft.) of this building and its design (with no height step down or transition to the neighborhood) is not compatible with surrounding residential homes and rental buildings nor in compliance with guidelines for historic preservation. The proposed development has not utilized these guidelines in their design and plans.  Sec. 38.16.1050 also states that when applying standards to determine COA (Certificate of Appropriateness) designs shall be “guided by the design guidelines for the NCOD to determine whether the proposal is compatible with any existing or surrounding structures.” Design Views, Visual Harmony & Landscaping Impact Concerns:  Visual blight of multiple stories running the length of our property and beyond along the northern shared boundary with the development.  Loss of North facing views and sky from our apartments and rear yard.  The site plan’s removal of a mature spruce tree and lilac shrubs straddling the south property line will eliminate a green visual boundary between our property and the development. The majority of lilac shrubs are located on our side of the property line shall not be disturbed. Concerns and Issues Regarding the Proposed Development at Black and Olive in South Bozeman Page 4 of 8 Randy Peters and Kate Bryan; Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Email: rpeters@bresnan.net & KateBryan2000@gmail.com ISSUES DESIGN CONCERNS Historic Bozeman Neighborhood and Adjacent Property (210 South Black) Design Privacy Concerns:  Proposed 5 story apartment building will impact privacy of our tenants and neighbors due to development’s south facing windows, balconies or roof top areas which allow development residents to look “down” into neighboring yards and homes.  As a result, our tenants will be forced to keep their blinds or curtains shut to create privacy (reducing natural lighting)  Impacts our ability to rent our apartments (limited privacy and natural light) will diminish our rental property’s appeal, restrict our ability to attract and retain tenants and potentially limit rents we charge.  The value of our rental property will be negatively impacted, due to lack of privacy. Design Limited Natural Light Concerns:  Adjacent south facing high rise will dramatically reduce natural light flowing into our rental property.  Lack of natural light will diminish our rental property’s appeal, restricting our ability to attract and retain tenants and potentially impact the rents we charge. Design Light Pollution Concerns:  South facing high rise windows and balconies emanating light into our tenant’s apartments who will be forced to keep their blinds shut to eliminate light pollution.  The necessity of keeping shades and blinds shut to eliminate light pollution will also impact the flow of air in the apartments through screened windows. Our building does not have air-conditioning.  Light pollution will diminish our rental property’s appeal, restrict our ability to attract and retain tenants and potentially limit rents we charge. Design Solar Radiation, Air Flow, Heat Concerns:  Summer reflective solar radiation and lack of air movement from adjacent high rise building to the north has the potential to heat up our building making it less habitable to our tenants. Our building does not have air-conditioning.  Close proximity of this building would greatly reduce the potential for air flow in and out of our tenant’s units, which will result in stuffy, hot apartments  The heat & light impact of solar radiation/reflection and limited air flow will diminish our rental property’s appeal, restrict our ability to attract and retain tenants and potentially limit rents we charge.  Heat and light generated from solar reflection off a high rise building (depending on building materials, and design) has the potential over an extended time frame to damage our property and structures through premature aging.  The value of our rental property will be negatively impacted, due to this issue. Design Noise Pollution and Economic Impact Concerns:  Air conditioning units in each apartment or building air conditioning roof top units noise could create significant neighborhood noise pollution.  Significant additional traffic generated on South Black will create day and night traffic noise which (currently) subsides in the evenings.  Development unit balconies or roof top verandas create the potential for noise and party noise coming from the development units.  Noise pollution will diminish our rental property’s appeal, restrict our ability to attract and retain tenants and potentially limit rents we charge. Concerns and Issues Regarding the Proposed Development at Black and Olive in South Bozeman Page 5 of 8 Randy Peters and Kate Bryan; Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Email: rpeters@bresnan.net & KateBryan2000@gmail.com ISSUES INFRA- STRUCTURE CONCERNS Historic Bozeman Neighborhood and Adjacent Property (210 South Black) Infrastructure Water Run-0ff (Rain & Snow) and Economic Impact Concerns:  Potential flooding on our property including basement  Need sufficient and thorough plan for routing storm water, snow and melt run-off  Water run-off from building needs to be routed away from our property.  Potential cost of water damage repairs and lost rent. Infrastructure Snow Storage and/or Removal Concerns:  Need thorough plan for disposing of snow from development property. How and where?  Adequate space must be provided for snow removal and melting snow to flow into the ground or street (avoiding run off down the driveway or into our basement). Infrastructure City Water Low Pressure & Capacity Concerns:  Low water pressure or capacity could become an issue and needs monitoring.  The proposed development property (with all its units and tenants) may have a significant impact on the water flow and pressure in the neighborhood.  The impact of this project on available water supply could hinder neighborhood fire fighting efforts. As stated by the Design Review Committee letter to the developer, the project can only move forward if “available flows for fire protection are acceptable.” (per the Design Review Committee response by Brian Krueger on May 11, 2016).  Any impact fees paid by the developer must completely cover the cost of infrastructure improvements or enhancements necessary to mitigate the water issue.  If water pressure and capacity issues are not addressed, this problem could negatively impact our ability to retain tenants and create high tenant turnover. Infrastructure Sewage Concerns:  A development of this size will generate large sewage discharge. There is a risk of the sewer backing up into our existing basement drains.  Sewage will be tied into an already compromised sewage main line “The current 6 inch main is “undersized for the proposed project” and which will require a “capacity upgrade to accommodate the flows of the proposed project.” (per the Design Review Committee response by Brian Krueger on May 11, 2016)  If sewage discharge issues are not adequately addressed, this problem could negatively impact our ability to retain tenants and create high tenant turnover. Infrastructure Trash/Garbage Mgmt. & Removal Concerns:  Concerns about how and where trash and garbage will be disposed of and how to avoid related smell and noxious odors from the proposed development.  If trash/garbage disposal and related odors are not adequately addressed, this problem could negatively impact our ability to retain tenants, increasing operating expenses due to high tenant turnover. Concerns and Issues Regarding the Proposed Development at Black and Olive in South Bozeman Page 6 of 8 Randy Peters and Kate Bryan; Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Email: rpeters@bresnan.net & KateBryan2000@gmail.com ISSUES CONGESTION CONCERNS Historic Bozeman Neighborhood and Adjacent Property (210 South Black) Congestion Parking Concerns  Parking on Black Avenue is already severely limited all hours of the day. This is becoming more of an issue with our tenants and residents living on Black and surrounding streets who are already experiencing limited parking in front of their homes.  As affordable housing becomes scarcer in Bozeman, we are experiencing multiple tenants, renting smaller units (e.g., studio with 2 occupants) and sometimes multiple vehicles.  In spite of the development’s proposed parking garage (with 1 vehicle spot per unit), it is likely that some of the development’s tenants will have multiple vehicles and be parking on the streets; not to mention other things like trailers or visiting vehicles.  The formal site plan has 35 first floor parking spaces and 3 car share spaces. The development has 55 units. This plan requires that 20 units participate in sharing the 3 cars provided. In spite of this proposed parking solution, we content that the 20 units with an unassigned parking spot will most likely have at least one vehicle (day to day or recreational) parked on the street, further aggravating and already-serious parking issue on Black Avenue.  Lack of parking may seriously limit our ability to attract and retain tenants. Congestion Traffic And Flow Concerns:  Black Avenue with parking on one side only, is still very narrow (especially in winter) for cars passing one another. The proposed development and existing saturated street parking would make open parking spots along Black nearly impossible to find and increase the risk of car accidents and/or personal injury.  Increased frustration by residents living in the neighborhood who are unable to park in front of their properties (big issue for those without driveways and who are elderly) Concerns: Black/Olive and Nearby Intersection Congestion.  Traffic (East & West) on Olive has increased significantly since we bought our property. This East/West corridor on Olive is becoming an alternate route to Babcock.  More traffic at this intersection (resulting from this development) will result in traffic back-ups on Black and Olive and other intersections nearby.  Exiting our property driveway is already hindered by traffic along Black and the Olive/Black intersection, resulting in relatively long waits at some times of day.  This congestion will impact neighborhood property access with regard to off-street parking as well as on-street parking in front of their homes.  A traffic impact study must be completed (per the Design Review Committee response by Brian Krueger on May 11, 2016). Congestion Safety Concerns:  Increased traffic on Black and how this will impact the ability of adults and especially children to safely walk and ride bikes in the neighborhood.  Potential for more accidents and personal injury.  The safety of our tenants as well as all residents or commuters in the neighborhood and their vehicles parked on the street as a result of the increased traffic,.  Visual sight lines at the intersection will need to be considered in order to ensure the safety of this intersection (for pedestrians and drivers) in conjunction with the proposed development (per the Design Review Committee response by Brian Krueger on May 11, 2016) Concerns and Issues Regarding the Proposed Development at Black and Olive in South Bozeman Page 7 of 8 Randy Peters and Kate Bryan; Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Email: rpeters@bresnan.net & KateBryan2000@gmail.com ISSUES CONSTRUCTION CONCERNS Historic Bozeman Neighborhood and Adjacent Property (210 South Black) Construction Approved Design Follow Through And Enforcement Concerns:  Need assurances that the city’s community development manager , planning department entities and forthcoming historic preservation office will closely monitor the construction process to ensure that the developer builds a building which accurately reflects the City’s review process, COA and approved design plan with input from the neighborhood and community.  Need assurances that the city’s community development manager and planning department entities will hold the developer accountable to follow through and build what is approved. Construction Building Process (Noise, danger, approach, etc.) Concerns:  Access or encroachment to our property for construction purposes will not be granted.  Restricted access to our driveway and parking access during construction  Noise from construction and impact on our renter’s comfort. A number of our renters work down town (evening service jobs) and sleep during the day.  Space needed on south side of development for building the new structure (Our property is “not” available for construction equipment, materials or other)  Danger to our tenants, our property and our tenant’s property during the construction (e.g., construction debris and errant equipment or objects on our property or our tenants; cars, building + roof, yard, shrubs, etc.).  Potential for lost rents or diminished ability to attract and retain tenants during the building process (estimated to be 1 year or possibly longer). Construction Historic Building Integrity Impact Concerns:  Major construction project will involve significant disruption of ground in close proximity to our 210 S. black property.  Risk of impacting our foundation on our historic building (e.g., cracks in foundation, diminishing the structural integrity of the foundation or building structure in other ways)  Need pre-construction baseline assessment and post-construction assessment of our foundation and building’s structural integrity. ISSUES DECISION PROCESS CONCERNS Historic Bozeman Neighborhood and Adjacent Property (210 South Black) Missing Key City Decision Makers & Planning/Historic Advocates. Concerns:  The City has recently hired a Community Planning Director but will require some time to get up to speed on many projects up for review. However a permanent position of Historical Preservation Officer has not been filled. In light of these situations; and adequately assess the impact of this project on the community and this historic neighborhood, there should be a moratorium on reviewing or approving projects such as this until these positions are adequately brought up to speed up or filled. Concerns and Issues Regarding the Proposed Development at Black and Olive in South Bozeman Page 8 of 8 Randy Peters and Kate Bryan; Big Sky Places, LLP PO Box 456 Bozeman, MT 59771 Phone: 406-585-1320 Email: rpeters@bresnan.net & KateBryan2000@gmail.com ISSUES PROPERTY MANAGEMENT CONCERNS Historic Bozeman Neighborhood and Adjacent Property (210 South Black) Property Management Affordability and locals versus transients Concerns:  The Downtown Improvement Plan states that projects should provide “housing – for all income levels” (in other words, some affordable housing for people with lower incomes).  During a public meeting on August 2nd, when asked about rent in the proposed development, Mr. Halloran indicated: a 600 sq. ft. studio rent for $1,200 to $1,400 per month, and an 800 sq. ft. one bedroom rent for $1.500 to $1,600 per month.  These rents seem more targeted to higher income professionals who wish to live/office downtown or perhaps wealthy, part time, out of state residents.  These rental price points could have negative effects on the community as in other cities like Vancouver which is contemplating enacting a vacancy tax: o “Fly in-fly out/non-resident” wealthy tenants with no connection to the neighborhood or real ongoing presence in Bozeman. o Vacation rentals with no connection to the neighborhood or ongoing presence in Bozeman. o Potential business office rentals which will create more parking and traffic issues due to the coming and going of clients/customers. o Tenants sharing their unit with multiple people (in order to afford the rent), which leads to more cars, parking issues, more traffic, potentially more “partying” problems (noise pollution, etc.)