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HomeMy WebLinkAbout07-06-17 Public Comment - T. Murphy - Bridger Creek AnnexationFrom:Chris Mehl To:Agenda Subject:FW: Annex 12acres, Urgent Date:Thursday, July 6, 2017 4:57:45 PM Attachments:Design review commitee april 10,2017.docx drc addendum april10 2017.docx drcFig. 1 - existing access april10 2017.pdf drcFig. 2 - improved accessapril10 2017.pdf Chris Mehl Bozeman City Commissioncmehl@bozeman.net406.581.4992________________________________________From: thomas murphy [montanawind@hotmail.com]Sent: Thursday, July 06, 2017 9:52 AMTo: Chris MehlSubject: Annex 12acres, Urgent Hi Chris, Good Morning. If you recall, I have twelve acres in the county next to the BridgerCreek neighborhood that I would like to annex into the city. At onetime, the City Commission was considering eminent domain to obtain aneasement to access to Bridger Drive. Currently, because the Linksdeveloper allowed their site plan to expire, the city was able to obtaina sewer and water access from the adjoining home owners association. However, current city code requires me to have at least an emergencyaccess to be able to develop my property. As you will see, in theattached letter and drawings, city code requires a developer to providenot only utility access to adjoining undeveloped property, but streetaccess as well. A final decision on the Links site plan is immanent,so a prompt response is critical. I would appreciate you taking a momentto review this situation. My hope is that the Commission steps in and abides by current code. Atthe moment, we have a relatively simple solution to resolve a problemthat has repeatedly confronted the city. If the city should decide not to abide by it's current code, I will beforced to appeal the decision in court. Hopefully, with the commissionweighing in on the matter, this lawsuit can be avoided. Thanks for your prompt review, Tom Murphy Bridger Center LLC 406-595-1495 --- This email has been checked for viruses by Avast antivirus software.https://www.avast.com/antivirus June 20, 2017 Brian Krueger, Associate Planner City of Bozeman Department of Community Development P.O. Box 1230 Bozeman, Mt 59771-1230 Re: The Links Condominium Site Plan Application Dear Brian, I am writing as the owner of the 12 acres of undeveloped Gallatin County property west of and directly adjacent to the proposed Links Project. While I appreciate D.R.C. requiring the developer (Golf Course Partners) to provide utility access to my land pursuant to Bozeman Municipal Code, I must reiterate my position that Bozeman Municipal Code requires the developer to provide street access to my property as well. My property is currently accessed through only one point via an easement off the east end of Commercial Drive in the southeast corner of my property. As is clear in Attachment A, Bozeman City Code specifically requires at least two entrances or one entrance and a fire and emergency entrance. Also, Bozeman City Design Standards allow cul-de-sacs only with the City’s explicit approval (variance), and restricts their length to 500 feet. In preliminary discussions with City Engineering, Community Development and Fire Departments, it was said that a cul-de-sac may be approvable, due mainly to lack of legal access to Boylan Road or the means to acquire this access (this has been attempted repeatedly over a long period of time). The existing cul-de-sac that we are Bridger Center LLC 1450 Cherry Drive Bozeman, Mt 59715 2 set to connect to begins at Bridger Drive, runs up Bridger Center Drive and then to the west end of Commercial Drive, a length of 1,006 feet. The nonconformance of Bridger Center’s existing cul-de-sac has unfortunately been grandfathered in. Extending this cul-de-sac, which appears at this point to be my only option, exacerbates this nonconforming situation by lengthening it to almost 2,000 feet. Obviously, not a desired result, and in either case cul-de–sac length far exceeds the desired maximum length of 500 feet. The two cul-de-sac lengths under this scenario are illustrated in the attached Figure 1. My understanding is that the driving force behind the code requiring multiple entrances and limiting the length of cul-de-sacs is one of fire and safety. Bridger Center Drive and Commercial Drive both service commercial properties. One could assume that because of the type of activities these businesses do, they already pose a fairly high risk for fire and other types of emergency situations. If for some reason, this dead end was to be blocked in some way, by an accident for example, emergency access and response would be severely compromised. By simply enforcing Bozeman Municipal Code and requiring the Links to provide access to this adjacent undeveloped property, the City could not only ensure reasonable future development of the property, making it far safer for current and future residents and visitors of the Links, Bridger Center Subdivision, and my currently undeveloped property. It would also bring the Bridger Center cul-de-sac into compliance with current regulations. The two cul-de-sac lengths under this scenario are illustrated in the attached Figure 2. The existing Bridger Center cul-de-sac would be reduced from 1,006 feet to 366 feet, and the future extension through my property would be reduced from 1,967 feet to 794 feet. The only other piece to complete the picture would be to require an emergency access through my property from the Links to Commercial Drive, at the time of annexation and development of my property. I urge you to reject the Golf Course Partners current plan for The Links, or at the very least require that they provide legal justification and obtain a variance for not abiding 3 by Bozeman Municipal Code and providing street access into my undeveloped property. In the interest of cooperation as a fellow developer, I would certainly be willing to discuss possible solutions, to arrive at one that is mutually beneficial and reduces the impact that this requirement could cause to Golf Course Partners. Sincerely, Tom Murphy Bridger Center LLC 406-595-1495 Addendum A Sec. 38.24.010. - Streets, general. A. All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The design standards contained in these regulations shall apply to all construction, reconstruction and paving of streets. Review authority for exceptions or modifications to this section is specified in article 38.34. 1. Relation to undeveloped areas. When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow the suitable development of the adjoining undeveloped land. Streets within the proposed development shall be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. If the development being reviewed is a subdivision, a request for an alteration of this standard shall be processed as a subdivision variance. If the development being reviewed is not a subdivision a request for an alteration of this standard shall be reviewed against the criteria of 38.35.070.B but shall not otherwise alter the review authority who would otherwise decide upon the application. Bozeman M.C. 38-24-10(A)(8). Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments shall be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right- of-way cannot be provided for reasons of topography or other physical conditions, the developer shall provide an emergency access, built to the standards detailed in these regulations. Bozeman Design Standards and Specifications Pg. 38 Table IV-2 Cul de sac lengths shall be less than 500 ft. © PROJECT NO. FIGURE NUMBER COPYRIGHT MORRISON-MAIERLE, INC.,2017 N:\5311\001\ACAD\Exhibits\CUL-DE-SAC FIG 1.dwg Plotted by dean squires on Apr/7/2017 DRAWN BY: DSGN. BY: APPR. BY: DATE:engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net 5311.001 FIG. 1 BRIDGER MEADOWS EXISTING ACCESS BOZEMAN MONTANA DS MGH MGH 04/2017 200 100 200 FEET COMMERCIAL DRIVE BRIDGER CENTER DRIVEBRIDGER CENTER SUBDIVISION THE LINKS CONDOMINIUMS BRIDGER CREEK SUBDIVISION BRIDGER MEADOWS BOYLAN ROAD BIRDIE DRIVE BRID G E R D RI V E ACCESS DRIVE CUL-DE-SAC LENGTHS BRIDGER DRIVE TO WEST END OF COMMERCIAL DRIVE (EXISTING) = 1,006 FT. BRIDGER DRIVE TO NORTH END OF PROPOSED BRIDGER MEADOWS ACCESS DRIVE (MAXIMUM ANTICIPATED) = 1,967 FT.PROPOSED ACCESS DR IVE (MAX . ANT IC IPATED LENGTH ) © PROJECT NO. FIGURE NUMBER COPYRIGHT MORRISON-MAIERLE, INC.,2017 N:\5311\001\ACAD\Exhibits\CUL-DE-SAC FIG 2.dwg Plotted by dean squires on Apr/7/2017 DRAWN BY: DSGN. BY: APPR. BY: DATE:engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net 5311.001 FIG. 2 BRIDGER MEADOWS IMPROVED ACCESS BOZEMAN MONTANA DS MGH MGH 04/2017 200 100 200 FEET CUL-DE-SAC LENGTHS BRIDGER CENTER DRIVE TO WEST END OF COMMERCIAL DRIVE (IMPROVED ACCESS) = 366 FT. COMMERCIAL DRIVE CONNECTOR TO NORTH END OF PROPOSED BRIDGER MEADOWS ACCESS DRIVE (MAXIMUM ANTICIPATED) = 794 FT. COMMERCIAL DRIVE BRIDGER CENTER DRIVEBRIDGER CENTER SUBDIVISION THE LINKS CONDOMINIUMS BRIDGER CREEK SUBDIVISION BRIDGER MEADOWS BOYLAN ROAD BIRDIE DRIVE BRID G E R D RI V E ACCESS DRIVEPROPOSED ACCESS DR IVE (MAX . ANT IC IPATED LENGTH ) COMMERCIAL DRIVE CONNECTOR