HomeMy WebLinkAbout10-23-19 Public Comment - N. Fischer - HRDC's Warming Center ProposalFrom:Nic Fischer
To:Sarah Rosenberg; Agenda
Subject:public comment on Application 19438
Date:Wednesday, October 23, 2019 9:31:10 PM
Sarah,
Thank you for your time answering my questions last week while my daughter made a muffin mess in your lobby.
After sifting through everything pertinent in municipal code chapter 38, the recent 1997 ordinance and HRDC's
SUP files, I have a few follow up questions regarding application 19438.
How does HRDC's proposal meet the basic intent of our zoning?
"[P]rovid[e] a basic level of predictability”
"The intent of the R-1 residential low density district is to provide for primarily single-household residential
development and related uses[.] Providing for such community facilities and services as will serve the area's
residents while respecting the residential character and quality of the area."(Sec. 38.300.100)
How does HRDC address Sec. 38.360.130, or the minimum area required per resident?(1250sqft/person in
R1) The Westridge lot is around 14,000sqft therefore limiting it to 11-12 residents.
38.360.130 B. 1. clearly states "The density of residents in a group living use is limited to generally approximate
and correspond with the density limits that apply to other types of housing in residential zoning districts. Limiting
density addresses areas of legitimate public concern and the purposes of zoning as established by the
state legislature and adopted locally"
HRDC's SUP Required Narrative Response is incomplete. Specifically Required Narrative Response 1. a-c
a. HRDC does not fully address the requirement of adequate lot size.
b. HRDC does not address adverse effects upon abutting property. How do 2 volunteers govern 36 people that are
free to leave as they please? HRDC's management plan is incomplete and ineffective in ensuring the safety of it's
neighbors.
c. HRDC does not answer this question. Many additional conditions necessary to protect public health, safety and
general welfare have been identified, both in the meeting of October 15, 2019 and from years of service to the
community it serves. Most importantly, the safety of the children which walk our neighborhood every day. The
Warming Center's proposed hours are 7pm-7am, children are still walking this neighborhood on any given day
during it's operation. Families live in these neighborhoods. The Warming Center's location is at the apex of traffic
between two major schools (Sacajawea Middle School and Morning Star Elementary). Traffic does not stop at
7pm and begin at 7am.If HRDC does not screen guests in need, there is no way of knowing one's past. HRDC
could unknowingly shuttle a sex offender to 3025 Westridge, which then decides to leave. Granted this is a worst
case scenario, however, considering the density of families and extreme proximity to two schools, as well as a
popular public ice rink, a response to this concern must be required.
Ordinance 1997 and Sec. 38.360.140 gives the reviewing authority the ability to limit the maximum occupancy
and/or the number of beds provided.
A lower limit must be set that coincides with R-1 zoning norms.
HRDC's proposal does not conform to Sec. 38.230.100 as required per Sec. 38.230.120 B. and C.
Specifically, a Warming Center with 36 homeless people that are allowed to leave whenever they wish does not
satisfy Sec. 38.230.100 3, 5a-d and 7. a. Compatibility with, and sensitivity to, the immediate environment of the
site and the adjacent neighborhoods
There are other regulations regarding using above average utilities, specifically 40.03.1580, which calls for a
surcharge for users with excess waste discharge. This is not addressed, 36 people in one home will use far more
utilities than 4 people in the average home on Westridge.
Beyond the obvious infringements on our municipal code, HRDC promised, many times, during a meeting on
October 15, 2019 a police escort will be required for any persons leaving the Westridge facility at night. HRDC's
handbook outlines it is their policy only to inform individuals leaving that they will not be allowed to return until the
following evening. Essentially the three representatives of HRDC lied to the 25 or so concerned home owners in
the room.
Allowing transitory individuals to leave at any hour in the night to walk through an unlit neighborhood will result in
dangerous confrontations between mentally ill individuals and the children of our neighborhood. The block of
Westridge the Warming Center is proposing to use is 100% owner occupied. There is a public skating rink
accessed from Teslow Dr which is very popular. Many visitors walk around HRDC's proposed Center. My
backyard views the rink, and I see children there many nights after 7pm. This is not a safe location for a Warming
Center.
I appreciate your consideration on these matters,
Nic Fischer
3001 Westridge Dr
Bozeman