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HomeMy WebLinkAbout07-19-21 Public Comment - T. Murphy - Bridger MeadowsFrom:Thomas Murphy To:Agenda Subject:Bridger Meadows Comments Date:Monday, July 19, 2021 4:26:42 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Agenda@bozeman.net Attn: Sarah Rosenberg Subject: Application 20350, 20351 Bridger Meadows Public Comment Dear Sarah and Commissioners, I request that you welcome Bridger Meadows as a new neighborhood into the city of Bozeman. In collaboration with the Engineering and Planning Departments of Bozeman, we have put in an extreme amount of work and effort in the design of our neighborhood. Many iterations of designs and redesigns has resulted in the current design which we feel provides the optimum balance between the goal of providing much needed infill housing, and of protecting our precious natural resources. We feel the nearly unanimous support that we have received from city Planning and Engineering Departments, the Design Review Board, and the Planning Board reflects this conclusion. The PUD (Planned Urban Development) process was fundamental in us being able to arrive to this point. My understanding of the PUD is that it is designed to allow the city some flexibility in complicated development situations. It provides a process of give and take in which the developer provides design amenities that the city desires, in exchange for PUD points. The points are used in the granting of relaxations of codes, that for one reason or another are impeding the development. To receive these relaxations a developer has first to reach the minimum threshold of 20 points. In our case, we far exceeded this twenty point minimum, as we have achieved a total of 69.71 points to counterbalance a total of six relaxations. This is fewer relaxations than what has been approved in other developments, often with less PUD points provided. The creation of this PUD was a collaborative effort by many in the Bozeman community including Bozeman Parks, Planning and Engineering staff, emergency service providers, local architects, and outside consultants. It was a complicated, time consuming, yet thorough process. Every detail of the project was scrutinized. Relaxations have been earned, not given. Because not all projects fit the same mold, the PUD is an essential tool in the Bozeman development process. Unfortunately, it appears from public comment and editorials from the Bozeman Chronical that there is a fundamental lack of understanding of the PUD process. Demands that the city should never allow relaxations runs completely contrary to the PUD process itself. To me, the Bozeman Chronical editorial board should have done some research on the process, before declaring that the city should never give relaxations! It is rather alarming, even if they are attempting to boost their readership by patronizing to the expected anti-growth crowd in times of rapid growth. Unfortunately, other damage has occurred due to falsehoods and accusations: One is that the Bridger Meadows neighborhood is closer to the East Gallatin River than allowed by code This is untrue. We are quite far from the river and at no point are we closer to the river than code allows. A second accusation was that the city was allowing a narrower street than allowed by code. This is another misinformed accusation. Shady Glen Lane in Bridger Meadows will be the same physical width curb to curb as any other city street, ie Birdie Drive. The relaxation request is for a reduction of right-of-way (ROW) width, very different than street width. Much of this misinformation has circulated among Bridger Creek HOA members and appears in slightly altered forms, throughout much of the public comment. I will try to respond to some of the other criticisms of our proposed relaxations: 1. Relaxation for Emergency Access: Sec. 38.400.010. - Streets, general. 8. Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments must be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannotbe provided for reasons of topography or other physical conditions, the developer must provide an emergency access, built to the standards detailed in these regulations. The development review committee (DRC) concluded that a second dedicated right-of-way could not be provided for reasons of topography or other physical conditions. So, an emergency access is warranted and one could argue, not actually a relaxation since the project meets the criteria per the code language. Before approval and during design of the Bridger Meadows emergency access, the DRC consulted with the Bozeman Fire Department regarding the safety. As a side note the Bridger Creek HOA was the primary entity that continually fought any easement from Bridger Meadows to Boylan Road, even after admonition of the then City Commission to work something out. As to the criticism regarding lowered safety due to the Bridger Meadows neighborhood for the residents of Village Greens. On the contrary, with the new neighborhood adjacent to the back of the Village Greens homes fire hydrants will be located on both the front side and the back side of their homes greatly increasing fire safety. The proposed emergency access also makes the Bridger Center Commercial Development safer by providing another, independent access where currently only a very long dead-end cul-de-sac exists. The emergency access route proposed with Bridger Meadows generally provides another looped access to many properties in the immediate area that currently have only dead-end access. One other point that should be noted regarding fire safety. Prior to the purchase of the property by Bridger Center LLC the Bridger Meadows parcel was in the county and was in a similar situation as the old county Cannery district. That is, it had no city fire protection. The closest fire department for this parcel was in Billings! I was once told by the Bozeman fire chief, that because of insurance reasons, the department could not enter my property to fight fires. They would have limit themselves to spraying water from adjoining city property. This is an unsafe condition that the Village Greens Townhomes faced for years. This was not just a hypothetical worry either because this Bridger Center parcel lies to the west of Village Greens (winds generally come from the west). The property was full of homeless camps and local youth’s tree houses. After purchasing this property, Bridger Center LLC removed 22 yards of debris from these camps. You really would not have believed the quantity of empty beer cans we found there! So, the fire risk was very, very real. Fortunately, when Bridger Center later annexed into the city it meant the city could now provide the site with fire protection. 2. Relaxation for Cul-de-sac: Sec. 38.400.010. - Streets, general. 9. Culs-de-sac. Culs-de-sac are generally prohibited. The review authority mayconsider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks must be installed at the end of culs-de-sac where deemed appropriate. The review authority determined that the approval of the cul-de-sac was appropriate due to all of the reasons listed above. Commentors have noted concern with the size of the ball of the cul-de-sac. The Bozeman Fire Department dictated the size of the cul-de-sac for safety purposes. Bridger Meadow’s cul-de-sac will likely be one of the largest cul- de-sacs ever built in Bozeman. No Parking on the ball of the cul-de-sac was also mentioned as a concern, however, since Bridger Meadows is basically a single loaded street (lots on only one side only), parking capacity per lot will be much greater than that on a typical city street, so parking will no be an issue. 3. Relaxation for Right of Way (ROW): 38.400.020 A.2. Private streets This is a reasonable request because: 1. The single loaded part of the street will only have a sidewalk on one side of the street. 2. The street is a dead-end cul-de-sac, so the street will never have to be expanded for increased traffic. 3. Reducing the ROW lessens the impact to the sensitive wetlands and floodplain. 4 Reduced ROW does not affect parking at all because the street is standard width. 5. The boulevard between Shady Glen Lane and Village Green’s will not be smaller because of reduced ROW. The boulevard between curb and property line will actually be 7 feet wide (2 foot wider than city standard), plus another 1 to 3 feet to the existing trail, so snow storage is not an issue either. 4. Relaxation for sidewalks on both sides of the street: Sec. 38.400.080. - Sidewalks. This is a common sense request because: 1. Houses are on only one side of the street 2. There is an existing trail on the non-home side of the street. A sidewalk would be a redundant impermeable surface area that would unnecessarily increase runoff. 3. The existing trail will be connected to the proposed development. 5. Relaxation for the reduction of Wetland Buffer: 38.410.100. - Watercourse setback. A.2.C.4. (d) The setback must include connected wetlands. The buffer width must be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands. Our request for relaxation for a reduction of this setback is on a lot-by-lot basis. The relaxation is reasonable because the intent of this setback is to protect wetlands. Unfortunately, strict adherence of this setback can have the unintended consequence of causing wetlands to be destroyed by fill and relocated outside the city. We chose to ask for the reduction of this setback, keeping the wetlands within the City of Bozeman, which we feel most residents would agree with. This new infill neighborhood is only affecting 0.91 acres of wetlands on the entire project. Although not required by regulation for the proposed level of impact, we plan to mitigate by stockpiling the wetland biomaterial that we remove, excavate about 0.20 acres of non-wetland areas within the existing floodplain down to existing wetland elevations near groundwater, and plant the wetland biomaterial in this area. This will increase floodplain carrying capacity, as well as viable wetland habitat, to better than existing conditions. 6. Relaxation for the Block length requirement 38.410.040 B – Block Length B. Block length. Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. Our request for a relaxation for a block length more than 400 feet is reasonable because block length is more applicable to grid pattern developments and not cul-de-sacs. It does not affect safety at all. Regarding concerns from Village Greens residents about having a street next to them as opposed to the backs of houses: Personally, if I lived in Village Greens, I would prefer to have the extra fifty feet between the houses and resulting in more open sightlines, and more privacy. Conclusion I happen to believe that this may be one of the most reviewed and rereviewed projects in the history of Bozeman. I would also venture to say, that there have been very few projects in the City of Bozeman that have proposed or provided a higher percentage of the total project acreage in open space and protected wildlife habitat. In conclusion, we have done everything in this preliminary plat submittal thatthe city has asked us to do. By using the Bozeman codified PUD process,we feel we have created a superior development than we could havewithout it. We hope that you as commissioners, will recognize, as has yourstaff and citizen review boards, that this new infill neighborhood deserves tomove forward. Sincerely, Tom Murphy Bridger Meadows LLC Virus-free. www.avg.com