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Home My WebLink About10-25-19 Public Comment - E. Mason-2 - HRDC Warming Center Site Brenda Sweeney From: Emily Mason <emilykmason@gmail.com> Sent: Friday, October 25, 2019 4:53 PM To: Sarah Rosenberg Cc: Okie Okie; Chris Mehl;Agenda; paige culvert Cyndy Andrus Subject: Re: 18011, Staff Report for the Transitional & Emergency Housing Zone Text Amendment Categories: Public Comment Hello Again, In case you missed the KBZK piece, HRDC is on the record admitting that this is a terrible location. Please add this to the public comments. https://www.kbzk.com/news/neighbors-respond-to-plans-to-open-a-temporary-overflow-warming-center-in- residential-nei borhood Thanks, Emily K.Mason "FAILURE IS FUEL.AND FUEL IS POWER." -Abby Wambach,American retired soccer player, coach, two-time Olympic gold medalist and FIFA Women's World Cup champion On Fri, Oct 25, 2019 at 12:53 PM Emily Mason<emilykmasonggmail.com> wrote: Hello, Can you please tell me when the house was built? Also, could you please inform us how the city currently enforces code violations?For example,I was just talking to a neighbor on my lunch break who expressed concern to me about how many of the houses around him that have sold recently(in Figgins)have been purchased by out-of-state parents of MSU students and they have been packing the houses full of students. It's my understanding that only 4 unrelated people can be in a house in a Rl neighborhood. Is that correct? We also have been hearing about people say that if this goes through,then they are free and clear to pack their houses and basements full of renters. I would hope you would take into consideration what type of precedent you will be setting by approving a house in an R-1 neighborhood for almost 40 people. Finally,this neighbor, whose wife died a few years ago of breast cancer, and is raising his two daughters, ages 10 and 12 by himself, one of whom walks to SMS every day by herself, is very concerned about the undeniable safety implications you would be creating by approving this application. We are real world hard working folks. I do hope you take that into consideration in this process. Thanks, Emily i On Fri, Oct 25, 2019 at 8:43 AM Sarah Rosenberg<SRosenberg@bozeman.net>wrote: The Commission would have to reclaim the application in order for it to get reviewed by them.There is no set level of public opposition that determines if an application is to be denied.Whether it's one comment or 50 comments, all comments are taken into account for the final determination. There is a minimum 15 day public notice period which this project is meeting. Sarah Rosenberg,AICP Associate Planner 406.582.2297 From: Okie Okie<montanaokie16@gmail.com> Sent:Thursday, October 24, 2019 2:34 PM To:Sarah Rosenberg<SRosenberg@BOZEMAN.NET> Cc: Chris Mehl<CMehl@BOZEMAN.NET>;Agenda <agenda@BOZEMAN.NET>; paige culver <mrsculver0798@gmail.com>; Cyndy Andrus<CAndrus@BOZEMAN.NET>; Emily Mason <emilykmason@gmail.com> Subject: Re: 18011, Staff Report for the Transitional & Emergency Housing Zone Text Amendment Thank you both for the quick response. What is the trigger for additional review by the commission? What would warrant an extension of the comment period? What level of public opposition will it take for the application to get declined? We are going door to door and their is overwhelming opposition. People are asking these questions and they feel very rushed by this process. On Thu, Oct 24, 2019 at 2:08 PM Sarah Rosenberg<SRosenberg_@bozeman.net>wrote: Hello, 2 This language only applies to Zone Text Amendments which is a complete separate application and process. A Special Use Permit does not apply to this language. Sarah Rosenberg, AICP Associate Planner 406.582.2297 From: Okie Okie <montanaokiel6@gmail.com> Sent:Thursday, October 24, 2019 2:02 PM To: Chris Mehl <CMehl@BOZEMAN.NET>; Agenda <agenda@BOZEMAN.NET>; paige culver <mrsculver0798@gmail.com>; Cyndy Andrus<CAndrus@BOZEMAN.NET>;Sarah Rosenberg <SRosenberg@BOZEMAN.NET>; Emily Mason <emilykmason@gmail.com> Subject: Re: 18011, Staff Report for the Transitional & Emergency Housing Zone Text Amendment Sarah or Chris, Please provide feedback on the 25% or more rule and how it would apply to the proposed warming shelter. thank you! PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE,THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. For this text amendment application the applicable calculation of protesting owners would include all owners of all properties in all districts of the City for issues affecting the entire city such as review processes and generally applicable standards. For issues affecting a defined subsection of the city such as an individual zoning district the calculation of protesting owners would include all owners within the affected area. This protest does not apply to provisions relating to subdivision review as there is no state authority for protest of subdivision regulations. As of the writing of this report,no written protest against the changes have been received. 3 On Wed, Oct 23, 2019 at 10:26 AM Okie Okie <montanaokie I 62gmail.com>wrote: Hi Chris and Sara, Looks like we have entered the 15 day comment period. Please provide feedback on the following paragraphs pulled from your 8011 Staff report and Ordinance number 1997 chapter 38. My questions are in Red. Also is link to a chronicle article that specifically mentions the 1/4 public transportation portion within the ordinance. 8011, Staff Report for the Transitional&Emergency Housing Zone Text Amendment H. Character of the district.Neutral. Expanding residential uses into industrial zones does not appear to be congruent with the character. For example,the M-1 (Light Industrial) district's intent is to, "provide for the community's needs for wholesale trade, storage and warehousing,trucking and transportation terminals, light manufacturing and similar activities..." Supporting services for Transitional and Emergency Housing, however,would support the character of this district. Many non-residential districts allow for some element of accessory residential use. For example,the M-1 (Light Industrial) district allows for residential uses on the second floor. These are usually created for live/work or staff housing but are not restricted to these purposes. Depending on the scope of the residential use allowed they might be consistent with the character of the district. Due to the very intensive nature of uses in the M-2 (Heavy Industrial) district and the small size and specific neighborhood support nature of the B-1 (Neighborhood Business) district the new use is not proposed to be included in those districts. Similar residential uses are generally permitted in residential zoning districts. In these cases, it is the supporting services that may, or may not,be in character of the district. Additional standards are proposed to minimize conflict and reduce unintended consequences. The Special Use Permit review process enables a detailed review that is adequate to examine the specific configuration of uses and the scope of those uses on a specific site. Due to the wide flexibility of different uses which might be combined under the general heading of Transitional and Emergency Housing it is appropriate for the City to take an objective and hard look at any proposal. The Special Use Permit process allows the establishment of site specific conditions to mitigate reasonably foreseeable impacts on adjacent properties. The combination of review process, special standards, and proper placement in specific zoning districts allows this proposal to meet this criterion. Culver: In this case HRDC's application does not mitigate foreseeable impacts to adjacent properties, children or the school. We have addressed this multiple times in our email to your office. Please reference my last email where I suminarized our concerns tied to sections straight from the HRDC applicatoin. Most importantly, proximity to school and HRDC residents leaving the shelter and roaming our neighborhood. As a secondary concern, home values will also be greatly impacted. Please provide comment.. 4 PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. For this text amendment application the applicable calculation of protesting owners would include all owners of all properties in all districts of the City for issues affecting the entire city such as review processes and generally applicable standards. For issues affecting a defined subsection of the city such as an individual zoning district the calculation of protesting owners would include all owners within the affected area. This protest does not apply to provisions relating to subdivision review as there is no state authority for protest of subdivision regulations. As of the writing of this report, no written protest against the changes have been received. Culver: Can residents of this neighborhood take action with the above protest notice? Please comment.. ORDINANCE NO. 1997 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND THE UNIFIED DEVELOPMENT CODE, CHAPTER 38 OF THE MUNICIPAL CODE TO ADD TRANSITIONAL AND EMERGENCY HOUSING AS AN AUTHORIZED USE. 6. A management plan from the applicant addressing the following factors: a. Provision for continuous on- site management from an employee or volunteer during all hours of operation. b. Staff training. c. Intake screening of clients to insure compatibility with services provided at the facility. d. Client code of conduct. e. Provision of on-site storage for clients' belongings. f. Security measures to be adopted. Culver: As discussed many times, HRDC residents will not be screened!!! This is low barrier entry. HRDC does not have the ability to perform background checks. They do not have the criminal history on , individuals staying at the shelter. In addition, there are no security measures in place. Other than checking weapons at the door, HRDC has no way of protecting area residents. Approving a special permit will mean the City is ignoring the risks associated risks with this shelter. Your office has the ability to decline this proposal. Please provide comment... D. Additional criteria. The review authority may, in its sole discretion, apply additional criteria the review authority deems necessary to mitigate impact(s) of the proposed use as a condition of approving a special use permit, including but not limited to: 1. The site where such use is proposed is within 1/4 mile of a sheltered public transit stop. 2. Limitation on the maximum occupancy and/or number of beds provided by the facility. 5 Culver: The proposed site is not within a 1/4 mile of a sheltered public transit stop! Again, HRDC can't force residents to get in their vans which means anyone walking would be forced to walk through residential neighborhoods and next to schools to the next available public transportation shelter. If you remember from my previous email, in all directions from the shelter, anyone walkling would be required to cross at a minimum, 2 school cross walks. This creates a huge liability for the city. Please provide comment... https:Hsecure-web.cisco.com/lhqobYhq XqkeH- y8StD7dUlKiFfB4swXl6lNkZBM7ZZM3vz8lmeO8e3S-GBfX-4nT iy G6QgiUp6KC8no4Z- HXDPnsRT89MasNudhvtcAmI4FSYGY8wkR9jmsdcdUg9wDxzrD 1- JsjXm3LYklCtgN Z4PE1N4yHxaRaThzHLe- HrLwjeR4ALypoHa5OpTe8OQ6fQPbusTgjLEcnDDEb5nnogASWIe-ZVDWHR xSKFeg122fLcDG- QXDDMjEvcOzbdf25xWAt5 X7S5Ys6XR7jOvOpZFxtRZNiV PaXgGggkKZr rb9cyA3 seWF- 1rFmlaWb MW37Ees4gE04QcvWw/https%3A%2F%2Fwww.bozemandailychronicle.com%2Fnews%2Fci ty%2Fbozeman-leaders-create-rules-for-emergency-and-transitional-housing%2Farticle 16df3a75-f08c- 5ed2-982d-f25cd53aa16d.html Graham Graham City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II,Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such,this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. Graham City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II, Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such,this email, its sender 6 and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. Y 1 •.,