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HomeMy WebLinkAbout03-18-19 Public Comment - E. Herlant - Cottonwood & Ida Preliminary PUD Ellen Herlant 517 East Cottonwood Street Bozeman MT, 59715 March 12, 2019 City of Bozeman Department of Community Development Attn. Brian Krueger PUD Application 18516 Hello, I am a resident of the 500 East block Cottonwood Street in Bozeman, living in the same home for over 17 years. Our area has seen a lot of change and growth over the last two decades. Many houses have been renovated, some old structures torn down and a new building built in place. The neighborhood has mostly retained its character, mixed use with individual buildings with their own unique character. Many homes in this area are small compared to contemporary standards, building styles and materials are varied, and the overall character of the neighborhood is quaint and slightly funky or artistic. The PUD application #18516 is looking to place a large development on a small parcel on the edge of the current residential area in the Northeast neighborhood. The developers of the Cottonwood and Ida PUD are proposing a mixed use development. This does mirror the current character of the neighborhood. I presume that the proposed very many apartment units (over 100) are in line with the City of Bozeman's desire to increase population density within the city limits. I do not agree with the density of the proposed development and I do not think that this development should be granted the "RELAXATIONS" to the current standard that the City of Bozeman has decided is appropriate for this district. As a lay person not working in development, construction, or architectural fields it is overwhelming deciphering the building codes but I think I clearly understand The City of Bozeman Unified Development Code stated intent and purpose for the existing codes. (The following italic print is directly from the City of Bozeman website). Article 1; Sec.38.100,040-Intent and purpose of chapter.(38.01.040) A. The intent of this unified development chapter is to protect the public health,safety and general welfare;to recognize and balance the various rights and responsibilities relating to land ownership, use,and development identified in the United States and State of Montana constitutions,and statutory and common law;to implement the city's adopted growth policy;and to meet the requirements of state law. B.It is the purpose of these regulations to promote the public health,safety and general welfare by:preventing the creation of private or public nuisances caused by noncompliance with the standards and procedures of this chapter;regulating the subdivision, development and use of land;preventing the overcrowding of land;lessening congestion in the streets and highways;being in accord with the growth policy;providing adequate light,air, water supply,sewage disposal,parks and recreation areas,ingress and egress,and other public improvements;requiring development in harmony with the natural environment;promoting preservation of open space,promoting development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; securing safety from fire,panic,and other dangers;protecting the rights of property owners;requiring uniform monurnentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey(MCA 76-3-102).It is further the purpose of these regulations to:, consider the character of the district and its peculiar suitability for particular uses,conserving the value of buildings,and encouraging the most appropriate use of land throughout the jurisdictional area(MCA 76-2-304). The proposed Cottonwood and Ida PUD 18516 is asking for "RELAXATIONS" or NEGATIONS of the current City of Bozeman Standards. I address some of these in the following paragraphs. BMC 38.310.040.0 Table of Uses. Why should they be allowed to put an apartment building in an area that is zoned to NOT ALLOW apartment buildings. The above section from the Unified Development Code clearly states that the purpose of its regulations is to "prevent overcrowding of land". Building over 100 units of apartments on a 2 acre parcel is completely out of character for this neighborhood and probably for Bozeman in general, and it will be incredibly overcrowded both for the future residents and current residents of the area. BMC 38.540.050.A.1 and BMC 38,540.050.A.2 Why should this PUD proposal be allowed to reduce BOTH the Residential Parking Standards and the Non-Residential Parking Standards in a neighborhood that already has major parking issues because of its com- mercial mixed use character. Adding 100 apartment units plus additional commercial space while requesting a reduction of the City of Bozeman's Standard Parking Requirements is going to increase the chaos of the already chaotic parking situation on the Wallace Avenue corridor. I am concerned about the proposed parking garage. I know that there is an underground stream bed below some houses on Broadway Avenue. This underground water has created challenges with some construction proj- ects in the neighborhood when the maps were not properly examined before a proposal was approved. I am wondering about the feasibility of building a parking garage in this proposed PUD, located just down the street from the existing stream bed. I feel it is important to call attention to this matter so that the developers and the City throughly examine existing mapping and do whatever necessary to be 100% confident that such a garage is possible to build in this location. If it hasn't been investigated and water is found to be located below this property after the plan has been ap- proved, how does this affect the amount of parking in the area or the proposed height of the buildings? BMC 38.320.050 Form and Intensity Standards The request to increase the maximum lot coverage to 45% from the current City Code of 40% also should be questioned. Bozeman City Code explicitly says that the purpose of the current standard is to prevent overcrowd- ing of land and provide adequate light, parks and recreation, etc. Where are all these new residents of this apart- ment complex going to be able to enjoy a slice of Montana sunshine? And of course they want to increase the allowable height by 9 feet, Again the obvious question is WHY should the City of Bozeman grant these RELAXATIONS to the following standards. Is this a way to preserve the char- acter of the neighborhood? Is this development honoring the character of the neighborhood? Is this relaxation honoring the rights of other nearby property owners? BMC 38,320,050 Form and Intensity Standards This PUD requests zero lot line conditions? How does this affect the neighborhood character, driving conditions (can you see around the edge of buildings built right on the corner?), the neighbors property values and aes- thetics of the community? If I lived next door, are my rights as a landowner being honored by allowing a RE- LAXATION of current code to allow a 9 foot increase of currently deemed appropriate building height to be built even closer to my property than the City of Bozeman currently recommends, This PUD also proposes to decrease the front setback from 20 feet to 8 feet. This is a reduction of more than 50 percent in open space around the front of the buildings. Again, the standards exist with the intention to "prevent overcrowding, provide adequate light.....and recreation areas...". Who does this benefit? How is this PUD working within the standards deemed appropriate by the City of Boze- man? Let me clearly repeat, these STANDARDS have been adopted by the City of Bozeman with the intended pur- pose; "to promote public health....general welfare; preventing overcrowding of land, ...lessening congestion in the streets...., requiring development in harmony with the natural environment; promoting preservation of open space......". The proposed PUD 18516 asks for many "RELAXATIONS" of the City Code. Requesting to build an apartment building is a request for a permission to do what is not currently a standard that the City of Bozeman approves of for this neighborhood. The City of Bozeman CANNOT in good conscience approve this currently proposed development. I respect the land owners right to build and develop and make a profit from their investment but I propose and request that the City of Bozeman guide them and require them to build in ACCORDANCE with the STANDARDS that the City of Bozeman, itself, has created in order to protect the integrity and beauty of our community. Thank you for reading and considering my comments. Sincerely, Ellen Herlant