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