Loading...
HomeMy WebLinkAbout10-31-19 Public Comment - M. Sack - HRDC Warming Center SiteFrom:Matthew Sack To:Agenda; Sarah Rosenberg Subject:HRDC proposal - COMMENT AGAINST Date:Thursday, October 31, 2019 9:00:16 AM Attachments:Figgins Flier - Proposed Warming Shelter final.pdf AS A RESULT OF THE CITY ORDINANCE CHANGE THAT WAS PASSED IN 2018, ORGANIZATIONS HAVE THE ABILITY TO APPLY FOR A TRANSITIONAL/EMERGENCY HOUSING PERMIT IN ANY R-1 (RESIDENTIAL) ZONED AREA IN BOZEMAN, ALLOWING THEM TO BYPASS THE NORMAL OPEN AND PUBLIC PROCESS USUALLY REQUIRED FOR A ZONING CHANGE.   WE NEED THE CITY AND HRDC TO BE FAR MORE ACCOUNTABLE TO THE ENTIRE COMMUNITY, INCLUDING RESIDENTS AND HOMEOWNERS, IMPACTED BY THESE DECISIONS WHEN DETERMINING LOCATIONS FOR THESE SERVICES.     Matthew I. Sack 1700 W Koch, Ste 4Bozeman, MT 59715 P 406-587-3736F 406-582-4482www.sacklawpllc.com   URGENT: IMPORTANT INFORMATION REGARDING PROPOSED HRDC HOMELESS SHELTER AT 3025 WESTRIDGE DRIVE Dear Neighbor, The 15-day comment period for the proposed warming shelter located at 3025 Westridge Drive has begun. Many residents are very concerned about this shelter. These concerns are outlined below and are directly from HRDC’s proposed operating plan. If you share any of these concerns, please email the city planner handling the application: srosenberg@bozeman.net as well as agenda@bozeman.net. Your email will be delivered to all City Commissioners and Marten Matsen, the Director of Community Development. We have limited time to respond, so please email today. FINAL DAY TO COMMENT IS NOVEMBER 6TH! We need as many letters as possible to get the city’s attention and put this issue into quasi-judicial review. Please write today! We want to stress that this issue is not about lack of compassion. It's about location. We all understand the need for homeless shelters, but as a community, we must choose appropriate locations. The zoning and health and safety of residents must come first. Ignoring the impacts and risks with this location would be a disservice to our neighborhood, especially our children. Zoning Seasonal usage of this facility could process up to 5400 homeless (at full capacity). HRDC does not and will not provide screening of these individuals. No background checks, no prior history. This will be a low barrier entry home. If this Special Use Permit is approved for 36 individuals in an R-1 zoned neighborhood and single-family home, what type of precedent is set for other houses in our neighborhood and surrounding neighborhoods? We all bought homes in this neighborhood, in part, because of the R-1 designation. Many residents may remember how hard the neighborhood fought to ensure the R-1 designation in 2014. By sending a loud and united voice, we won that fight. Many neighbors hope to ensure the R-1 zoning/single family home designation now and in the future. If approved, this special permit is indefinite. It is not a short-term proposal as previously pitched by HRDC. The application is approved by one person, Martin Matsen, Bozeman director of Community Development, making the final call. No city commissioner vote. No public hearing. All of which feels very undemocratic to not give the community more input on such a major zoning change. Ordinance 1997 allows for a change in zoning to allow emergency housing without any public hearing or city commission vote, was passed in 2018. Thankfully, the ordinance does state that a review authority (a city planner under the direction of Marten Matsen) may apply additional criteria to weigh the merits of an application including, but not limited to: “the site where such use is proposed is within ¼ mile of a sheltered public transit stop.” The closest sheltered public transit location is MSU campus or next to the old Sola Café. Even from a logistics standpoint, this is a very poor location. HRDC residents would be required to walk a mile through Figgins neighborhood to these locations, crossing multiple school crosswalks. ***Proximity to Morning Star Elementary & Sacajawea Middle Schools*** The proposed HRDC shelter home is 287 Feet from the Morning Star School property. That measurement is taken from the HRDC proposed Shelter to the Morning Star playground, which is where morning walkers and bikers play before school. The HRDC shelter property also borders the crosswalk and sidewalk that children use to walk and bike to school. If there is a crisis situation at the HRDC shelter on a school day, how will police re-route children on their way to school? By approving this special permit, the city is creating safety risks for the area residents, especially school children. Think of any police interaction gone bad and by default it's 287 feet from school property where elementary children learn and play. It boarders the cross walk they use. There is a reason we have appropriate zoning restrictions in our city. Those restrictions are in place for many reasons and the most important is the health and safety of the community. A warming shelter for 36 random HRDC guests per night this close to two schools in a densely-populated R-1/single family home community is not a good location. It irresponsible of the City and HRDC. Crime & Safety Last season’s police reports for HRDC’s Durston location included an attempted break-in of a church employee's car, a welfare check where a man visited the shelter, stayed for a while and then left, and a warrant arrest of a woman staying at the shelter. At another HRDC shelter there were 10 calls for disorderly conduct, 6 welfare checks, 6 assaults, 5 warrants, 5 trespass complaints and 1 theft in a 6-month period. This is very concerning. Questions about crime and these police calls were addressed with HRDC. HRDC dismissed or downplayed these concerns. HRDC said they will transport all residents to and from the shelter. We confirmed with Bozeman police that HRDC can’t force anyone to use their transportation. They also can’t keep people from leaving the shelter at night or randomly showing up at the shelter after hours. Smoke Breaks for HRDC “Guests” Figgins residents with homes that border this property are very concerned with the amount of smoking and potential for noise disturbance. With a capacity of 36 people per night, dozens of people could be smoking at once during the designated breaks at 8pm, 9pm, 10pm and any time between 5am and 7am. Figgins residents bought houses in this neighborhood specifically for the R-1 designation. They did not make the largest investment of their lives to live next to a facility that would house 36 individuals, many of whom will be smoking on the property most of the evening and early hours of the morning. Again, if approved, this shelter will negatively impact the character of the Figgins neighborhood. Again, this is not about lack of compassion. We all care deeply about those in need. We are concerned about how the approval of this Special Use Permit for 36 individuals in a single- family home will the impact the health and safety of our neighbors, especially our children, and it would open the door to expedited changes in zoning for all neighborhoods. THE ORDINANCE CHANGE ADOPTED BY THE CITY IN FEBRUARY OF 2018 ALLOWS FOR HRDC TO APPLY FOR A SPECIAL USE PERMIT FOR TRANSITIONAL/EMERGENCY HOUSING IN ANY R-1 ZONED AREA IN THE CITY OF BOZEMAN.