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HomeMy WebLinkAbout10-09-17 Public Comment - K. Bryan - Black Olive IIFrom:Kate Bryan To:Agenda Subject:Black Olive Public Ccmment (Please forward immediately to City Commissioners) Date:Monday, October 09, 2017 3:06:04 PM Dear City Commissioners. As you ponder the Black-Olive decision tonight, please have the courage to say "no" to this project based on citizen and neighborhood input and impacts. Mr. Krauss mentioned this case at the last commission meeting, so I thought it was important to clarify the results of the Supreme Court case brought by the developer and how the City of Bozeman prevailed in spite of a develop lawsuit. As in the past, the City Commission has legal grounds to say “no” to the proposed Black Olive development. For those of you who may not be aware... A 2005 Montana Supreme Court ruling upheld the City’s denial of a Willson/Kagy Town & Country grocery store “based on negative neighborhood feedback; historic preservation; parking problems; and, meeting the character of the B-1 zone and neighborhood.” The 2005 ruling provides clear precedent for the City to protect neighborhoods and deny developments based on negative impacts – despite an application meeting minimum zoning requirements. When denying the T&C, City Commissioners stated the developer was “shoehorning” a high-traffic building on a small lot and pointed to “traffic degradation” on South 3rd and Kagy Boulevard. Similarly, the large scale, multi-unit Black Olive will further increase traffic and degrade parking, already at its maximum. The City denied the proposed T&C building as it was “not in keeping with the character of the neighborhood or the intent of the B-1 Neighborhood Business zoning district.” Similarly, Black Olive is not in keeping with the neighborhood nor the South Black Historic District, and, if approved, will embolden development of commercial projects inconsistent with the intent of the Neighborhood Conservation Overlay District, which was designed to preserve neighborhoods with transition zones, block character compatibility and historic context requirements. The Supreme Court, upheld the City’s decision, stating that “The city commission addressed relevant criteria - vehicle and pedestrian traffic, parking, setbacks, and conformity with the neighborhood,” concluding that “the city commission complied with its Zoning Ordinance and gave reasons for its denial of T & C's site plan. The city commission did not abuse its discretion.” The City has the authority and discretion to, once again, to deny the proposed Black Olive at the City Commission Meeting tonight. Please exercise your review authority and discretion in denying the Black Olive Certificate of Approval. The community input and detrimental short-term and long-term cumulative impacts of this project are grounds for denial. ​ Kate 406-570-2839KateBryan2000@gmail.com