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HomeMy WebLinkAbout10-23-19 Public Comment - O. Okie - Transitional and Emergency Housing Zone Text AmendmentFrom:Okie Okie To:Chris Mehl; Agenda; paige culver; Cyndy Andrus; Sarah Rosenberg; Emily Mason Subject:18011, Staff Report for the Transitional & Emergency Housing Zone Text Amendment Date:Wednesday, October 23, 2019 10:26:32 AM 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 chapter38. 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 notappear 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 ofthis 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 secondfloor. 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 withthe 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, itis 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 SpecialUse 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 flexibilityof 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 anyproposal. The Special Use Permit process allows the establishment of site specific conditions to mitigate reasonably foreseeable impacts on adjacent properties. The combination of reviewprocess, 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 adjacentproperties, children or the school. We have addressed this multiple times in our email to your office. Please reference my last email where I summarized our concerns tied to sectionsstraight from the HRDC applicatoin. Most importantly, proximity to school and HRDC residents leaving the shelter and roaming our neighborhood. As a secondary concern, homevalues will also be greatly impacted. Please provide comment.. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MOREOF 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 MEMBERSOF THE CITY COMMISSION. For this text amendment application the applicable calculation of protesting owners would include all owners of all properties in all districts ofthe 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 zoningdistrict 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 stateauthority 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? Pleasecomment.. ORDINANCE NO. 1997 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND THE UNIFIED DEVELOPMENTCODE, 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 forcontinuous 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 atthe 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 barrierentry. 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 securitymeasures 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 associatedrisks 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 acondition of approving a special use permit, including but not limited to: 1. The site where such use is proposed is within ¼ mile of a sheltered public transit stop. 2. Limitation on themaximum occupancy and/or number of beds provided by the facility. 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 forcedto 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 theshelter, 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://www.bozemandailychronicle.com/news/city/bozeman-leaders-create-rules-for-emergency-and-transitional-housing/article_16df3a75-f08c-5ed2-982d-f25cd53aa16d.html -- Graham