HomeMy WebLinkAbout03-06-23 Public Comment - K. Dolen - Opposition for Shady Glen PUDFrom:Katie Dolen
To:Agenda
Subject:Opposition for Shady Glen PUD
Date:Monday, March 6, 2023 10:58:19 AM
Attachments:subpump2.pdf
subpump.pdf
subpump3.pdf
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Dear Community Development Board Members and City Commissioners,
I am writing to you in the hopes that you will consider my concerns and
ultimately my opposition for the Shady Glen PUD.
I’d like to begin with my concern for the future of Bozeman,and how it relates
in particular to our city’s commitment to protecting sensitive lands.
I am aware that the City of Bozeman is currently in the process of revising the
Unified Development Code and at the same time has initiated the vitally
important Sensitive Lands Protection Project, which recently conducted a
survey asking 600 members of the community to share their concerns and
hopes for the future of the Gallatin Valley.
I understand that both of these efforts by the City have been initiated partly to
set more stringent protections for development and to protect sensitive lands
under private ownership in the Gallatin Valley that we are rapidly losing.
Sensitive lands like wetlands, wildlife corridors, streams, habitat for wildlife, are
all a part of this proposed development. If approved, this seems terribly
inconsistent with the City's future trajectory toward more stringent
requirements for the protection of sensitive lands.
During the July 20, 2021 City Commission Meeting, Bozeman City Manager,
Jeff Mehelich said, “(The City of Bozeman) UDC discourages fill of wetlands in
any way.” I ask that he defend his comment.
If this proposal were to be reviewed under the revised UDC’s, the Shady Glen
Development likely would not come close to meeting the guidelines for
development of Sensitive Lands.
The City Commissioners have the authority and power to set the course for the
future beginning with this project.
Second, I want to voice my concern that the applicant has still failed to
provide a viable 2nd point of public access in his new proposal. I’d like to
share some of the commission member’s own comments before the vote from
the July 20, 2021 City Commission Meeting. I ask that you, our elected city
commission members: PLEASE DEFEND YOUR COMMENTS AND CONCERNS
from the last vote which are as follows:
City Commissioner, Jennifer Madgic: “I think our requirement for a 2nd point of
access when a subdivision goes past a certain threshold is a good one and I
worry about the precedence that this would set if we approve this relaxation.”
“For good reason our community has decided that cul de sacs are not a way
to promote traffic circulation and public health and safety. I don’t think a
pattern of the past should be made again. The standard of today, of a 2nd
point of access, is a good one.”
“I do not feel that we, the city, should be responsible for approving something
that has public health and safety implications because an applicant cannot
attain something that is needed, in this case a 2nd point of access.”
“I am concerned with the viability of the emergency access and particularly
its proximity to the primary access.”
Ms. Madgic voted no for this development
City Commissioner, Christopher Coburn: “The hard part for me about this
application is that we don’t have another point of public access. This design
really is making assumptions about the past. About what we know about
floods, what we know about fires, what we know about what kind of
emergencies that can happen and what this year has taught us is that we
don’t know, We can’t rely on making assumptions about the past. We are
seeing record fires and floods… and so for us to just approve something based
on our hope that it probably won’t flood or in an emergency, people will
probably be okay, I don’t feel comfortable making that assumption, so I won’t
be able to support this motion because I don’t believe this is a responsive
design.”
“It’s not in the interest of public health from the perspective of not having
another access point. When I’m thinking about PUD’s and what is a superior
outcome and what is innovation and for me, a cul de sac with 1 access point
with lots that are going to be unaffordable or unattainable to most of
Bozeman, it’s not an innovative approach to development. I don’t think it
represents the true intent of a PUD which is to be innovative and responsive to
the needs of our community.”
Mr. Coburn voted no for this development.
City Commissioner, I-Ho Pomeroy: “For public safety and environment like cul
de sac and snow and fire trucks and also no second public access and it’s
wetlands… I cannot support this development.”
Ms. Pomery voted no for this development.
Mayor, Cyndy Andrus: “I do not believe that what we are seeing is something
that is a superior design and I think there are definite questions about health
and safety as it relates to the public and public access to this property.”
“I don’t believe we are getting an innovative product. These relaxations,
primarily due to safety concerns specifically as it relates to 2nd means for a
public access, watercourse setback, and block lengths and a are particularly
concerning as it relates to public health and safety. For those reasons, I will not
be supporting this motion.”
Madam Mayor voted no for this development.
Again, the concern for the public’s health and safety because of the lack of a
2nd point of access is referenced time and time again. This has not changed
in the new application.
Thirdly, I have attached photos and short clips of my neighbor’s houses on our
street (1050 Boylan Rd, which backs up to the proposed PUD) when the sub
pumps run constantly for a month or more in the spring. The amount of water
that floods our yards and streets will only increase with added stress from the
proposed development. Any time you increase weight on the land, you
increase stress. The stress that this will put on the high water table is unsettling. I
do not want to go on someone’s word that more flooding due to the new
development won’t happen. There has not been a FEMA analysis of this land,
there has not been a high water table test because it is my understanding
that those things happen during PLAT analysis. In regards to the applicant
asking for a relaxation on the watercourse setback, wetlands are there for a
reason: to absorb overflow from the actual watercourse. It’s a function of
water placement, water displacement, water storage and water FLooding
and Observation Warning (FLOW). This is going to create downstream
problems because you’re reducing the impervious surface which acts to
absorb rainfall and runoff! Anyone living downstream from the river in the 100
year flood plain.
To our esteemed City Commission members, I voted for all of you because of
your integrity and your commitment to community, innovation, and most of
all, to the safety and health of all Bozeman residents. For the better part of two
years, I have educated myself on why this development is controversial
because you have encouraged me to use my voice in my community and
you have empowered me to do so. On more than one occasion I have
spoken to members of our community who are directly involved in or who are
well educated about this project from Brian Heaston to Sarah Rosenburg to
Chris Coburn to Jeff Mehilich to Lynn Hyde, to members of GVLT, the Audubon
Society, Trout Unlimited, Ducks Unlimited; I have even met with the developer,
Tom Murphy himself and spoken with his engineer, Mike Hickman, because I
am motivated to understand this application…Countless phone calls and visits
to the community development office so that I can understand instead of
complain. Having done my due diligence, I feel that I can safely request, with
all due respect to your roles, for the big picture and for the future of our great
town, I ask that you PLEASE STAND BY YOUR WORDS AND YOUR CONCERNS.
PLEASE OPPOSE THIS DEVELOPMENT. PLEASE DO NOT BRING SHADY GLEN PUD
TO PLAT!
Thank you for your time and consideration of my concerns. I take the safety of
my family and my neighbors (my community family) very seriously, as I know
you all do.
Warmly,
Katie Dolen
susbpump4.pdf