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HomeMy WebLinkAbout12-13-21 Public Comment - T. Niemann - Canyon GateFrom:Thomas Niemann To:Agenda Subject:Canyon Gate Project (#21337) Original and Additional Objections and Concerns Date:Monday, December 13, 2021 6:05:52 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. Dear City Commissioners, Below is the email letter I originally sent to the Zoning Commission on November 8, 2021. In addition to what I already expressed below, I wish to add the following: Regarding the zoning meeting, the overwhelming majority, in fact nearly all, of those who spokeduring the meeting were against the development as it was proposed. In addition, over 290 pieces of correspondence were received by the Zoning Commission objecting to the development. Clearly, the people and neighborhoods most affected by the proposed Canyon Gate development have made it abundantly clear they oppose the proposed development. As elected officials, I do not believe your course of action on this matter could not be any plainer. The entire commission needs to vote against it. If the peoples’ preferences were not enough of a reason to deny the annexation and rezoning request, please seriously consider the following: We believe that the proposed zoning application does not meet the criteria in the Community Plan, and therefore fails. When the Commission considers #4 below, please keep in mind that the current Canyon Gate application is proposing that 15.88 acres could have buildings with 5+ stories on it. This zoning is quite different and intense compared to the surrounding zoning, which we see as a conflict per the criteria. Zoning criteria When adopting zoning regulations, there are five zoning criteria that the Commission shall consider. 1. Reasonable provision of adequate light and air2. The effect on motorized and non-motorized transportation systems (as addressed in first email and will be again in a following section)3. Promotion of compatible urban growth4. The character of the district and its peculiar suitability for particular uses5. Conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area #4 Criteria: Peculiar suitability for particular uses The Commission should consider differences in allowed intensity between the districts such as differences in height, setbacks, or lot coverage. The greater the difference the more likely conflict is possible, or as we believe, likely in this case. Staff fails to consider the unique attributes of this particular location – in the mouth of a canyon, between habitat in the Story Hills (designated “No City Services”) and the foothills of the Bridger Range (Gallatin National Forest), near Bridger Creek which serves as a vital water source. This is an active and dynamic wildlife corridor, with moose, deer, black bear, wild turkeys and numerous other species. Area subdivisions, including mine (Legends I), have been carefully planned to allow for this fact, preserving habitat and wildlife corridors. Injecting massive, high density development into the area would decimate the character of the district. Staff fails to consider the unique location of this district – separated from town by the railroad tracks, isolated, and in a canyon at the outer edge of City limits. The subject parcel is less than ½ mile from land designated “No City Services” on the Future Land Use Map. Being isolated, it is unsuitable for the B2M zoning requested, which the UDC specifically states is intended to serve a “broader trade area.” The UDC specifically states that R5 “is appropriate for areas adjacent to mixed-use districts and/or served by transit.” This is primarily an R1 neighborhood and has no current transit service. The code and Community Plan require development in harmony with nature Section 38.100.040 of the UDC states that it is the purpose of these regulations to promote the public health, safety and general welfare by, in part, “requiring development in harmony with the natural environment”. The Bozeman 2020 Community Plan sets the following goals, objectives and actions: “Goal EPO-2: Work to ensure that development is responsive to natural features.” “EPO-2.3: Identify, prioritize and preserve key wildlife habitat and corridors.” Injecting high density commercial development into this habitat fails to meet these requirements and goals. Any development in the area should be low density, for the safety of the residents and the animals, as well as upholding our community goals. It must provide adequate open space for wildlife corridors, as all the other area developments have provided. Source: Bozeman Community Plan (p73, et al.)https://www.bozeman.net/home/showpublisheddocument/9641/637569495373030000 Future Land Use Map https://bozeman.maps.arcgis.com/apps/webappviewer/index.html? id=40ad3c204c7c443da1a33b2c00592eae Then there is the matter of access to this side of the railroad tracks. During the Zoning Commission meeting, the safety concerns of the railroad crossings was dismissed as a problem existing with or without the Canyon Gate development. While at its simplest level, this is true, when you consider compounding the problem by adding to population densities within the problem area, it clearly is not. Exacerbating an existing and known problem is irresponsible, bordering on governmental oversight negligence. So I ask the City Commissioners to consider the following. It is well known that emergency services supporting the Bridger/Story Mill district – fire, police, and hospital – are all located on the opposite side (south) of the train tracks and are inaccessible when a train is blocking all three road crossings; as regular happens. When increased density is added to this situation, the inevitable result is an increase in calls / trips to public services and an increased risk to the district's population. The health and safety of new and existing residents is undoubtedly put at increased risk, especially when high density is the goal. Per the Bozeman Community Plan - “...the presence of common risks, such as inadequate public services, may prevent approval of a development until the hazard has been removed or corrected. The developer of a subdivision may not accept hazards to public health and safety on behalf of future residents or owners of a subdivision by declaring that necessary infrastructure improvements or other actions are unnecessary.” What is the solution for the train? In short, there is none at present. In 2016, MDOT evaluated a possible grade separation at the railroad tracks across Rouse, and determined that an overpass would be impossible. 2016 Montana Rail Grade Separation Study, Montana Dept. of Transportation The Bozeman Public Works Dept thinks an underpass would be “tricky” due to groundwater and soil issues; and are no doubt correct given the location of Bozeman Creek. The City staff report on the Canyon Gate application references the 2017 Fire & EMS Master Plan in citing the City’s ability to serve this area. City staff inexplicably concluded that the criteria for being secure from fire and other dangers is met, despite acknowledging that Bozeman Fire Dept stated that it would take them 20 minutes to get to us if a train was blocking the road. This is a BFD acknowledged clear and present danger to everyone living in this corner of town. NFPA Standard 1710 calls for a 4-minute travel time per the 2017 Fire Master Plan. Risks would be compounded by adding what is proposed for Canyon Gate, a high density development. So in summary, I ask the full City Commission to deny the Canyon Gate development as it is currently proposed. I further suggest the Commissioners have something approaching a mandate to disapprove the annexation and rezoning request given their responsibility of serving the people they were elected to represent, those most affected by the proposal, given the concerns expressed in this email letter and others. Respectfully, Thomas A. Niemann Legends I Resident Begin forwarded message: From: Thomas Niemann <wolverine7986@yahoo.com>Subject: Canyon Gate Project (#21337) Concerns Date: November 8, 2021 at 5:09:47 PM MST To: jamiller@bozeman.net To Zoning Commission, My name is Thomas Niemann. I am the Chair of the Legends Townhome Owners Association (THOA), and a resident of Legends 1. We are in the process of collecting signatures against this development as currently proposed. In the meantime, I share the following concerns. Quite simply, our community (as defined by the existing neighborhoods along the Boylan street corridor) does not support the annexation and proposed zoning of this property. That said, we believe a R-1, R-2 and/or R-3 with a section of B-1 along Story Mill Road and Bridger Drive is more in line with the goals outlined in the 2020 Community Plan. The zoning designations requested by the developer of R-4/R- 5/B2-M are not consistent with those goals. The reasons for our concerns are as follows: This is a “core” type project which is far from the city core, and not at all suited for the area proposed. Unlike any other developments in the city, there is no buffer between current R-1 neighborhoods and what is proposed by the developer. This would be an unwarranted precedent and create undue burdens on the existing adjacent neighborhoods. Increased traffic in the area as a result of the proposed development will likely route through the Boylan neighborhoods, presenting safety risks to current residences and reducing the walkability of the area. The proposed project does not blend into the current neighborhoods, and is a poor fit for an area of R-1 and R-3 residences. We would dearly hope the zoning commission, and city, is asking itself, is this the type of development we want as the gateway to the Bridger Canyon area? We find it difficult to believe this is representative of Bozeman’s goals to retain the character and image of the city. According to our conversation with the state, there are no near-term expansion plans for the roads (the state roads of Bridger Drive and Rouse) around this site and traffic is already an issue on Bridger Drive. Given the density of traffic already occurring on these thoroughfares, particularly when Bridger Bowl is open with new snow, this proposed development would create an untenable situation. Train traffic causes multiple closures on a daily basis, with no reasonable way to get around the crossings. This limits access by emergency services, slows response time, and causes additional traffic congestion. We just recently had an experience of this situation as police were delayed by a train when responding to a home invasion situation within the Legends townhomes (o/a the evening of 15 October). We understand there are multiple existing and planned business districts in near proximity to this site. Additional retail/commercial space in this area would create an undue burden on the existing neighborhoods. At a minimum, the Boylan-area community would like the following if this area is developed: - Buffer area between the development and the existing Boylan-area community. - No through traffic into the existing neighborhoods. - Lower density, and no greater than two-story structures consistent with the surrounding neighborhoods. With these concerns in mind, we therefore respectfully, but ardently, request you consider the potential, and likely, adverse impacts this zoning decision will have both on the surrounding neighborhoods and overall character of Bozeman. R-1/R-2/R-3 and B-1 zoning furthers the goals of the 2020 Community Plan, while limiting thenegative impacts to the surrounding community. Respectfully Thomas A. Niemann