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Home My WebLink About03-16-23 Public Comment - J. Winnie - Public Comment City Commission March 21 2023 re_ Shady Glen 22-293, 22-294From:Janet Winnie To:Agenda Subject:Public Comment City Commission March 21 2023 re: Shady Glen 22-293, 22-294 Date:Thursday, March 16, 2023 2:10:16 PM Attachments:Commissioner letter March 16 2023.docx 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. Madam Mayor Andrus , Deputy Mayor Cunningham, Commissioners Coburn, Madgic and Pomeroy. Thank you for your time and consideration. Janet Winnie Attention : City of Bozeman Mayor, Cyndy Andrus Deputy Mayor Terry Cunningham City Commissioner Christopher Coburn City Commissioner Jennifer Madgic City Commissioner I-Ho Pomeroy Comments submitted: 3-16-2023 Janet Winnie 1045 Boylan Rd Apt 14 Bozeman MT 59715 406-600-6334 Regarding Proposed Development: Shady Glen 22-293, 22-294 On Agenda for City Commission Meeting on March 21, 2023 Greetings, Honorable Mayor Andrus, Deputy Mayor Cunningham, Commissioners, Coburn, Madgic and Pomeroy. Thank you for this opportunity to share this letter and for your attention to my concerns about the proposed development, Shady Glen. You are being asked to approve six relaxations immediately adjacent to wetland and riparian habitat along Bridger Creek in NE Bozeman. This Proposed Development has been voted down already by our esteemed Commission in 2021 and the current application is very similar. City UDCs wetland set back guidelines are currently at 50 feet. The proposed development is requesting a 35-foot setback. Development too close to wetland and stream bed put human health and safety at risk by increasing risks for destruction of vitally important habitat and by putting more people at risk for flooding at the site and downstream and putting residents living too close to streams and wet land at risk for flood damage. Most of the property is within in the 10-year flood plain. In addition to the six variances, I am also very concerned about the long list of tasks the HOA would be responsible for in this proposed development with no enforcement or oversite by the City. I propose that it is not reasonable for a small 16 home HOA to follow through with the tasks. Placing the responsibility of maintenance of the secondary locked gate egress for emergency vehicle access is concerning. When asked by a concerned neighbor about this 2 weeks ago, Bozeman Fire Marshall said he signed off on the project but stated he is very concerned about these emergency access points that rely on HOAs keeping locked gates clear of snow. He said he sees these emergency egress locked gates all over town with snow piled up to the gates throughout the winter making entry impossible in case of fire or another emergency. He said the HOAs simply do not keep the snow cleared away from the gates. The HOA is also tasked with maintaining a federally protected wetland. FWP letter Sept 28, 2020 assessment advised that homeowners need to avoid planting vegetation that would be palatable to deer and to avoid feeding birds, or bears by avoiding planting fruit bearing trees. The report by TerraQuatic March 8 2021 says the developer has prohibited the use of nitrogen and phosphorus fertilizers in the back yards. These restrictions are very important to prevent runoff and eutrophication of the wetland. HOA members however are tasked with watching each other for compliance and to prohibit use of fertilizers and make sure grass clippings and other yard debris is not tossed over the fence into the wetland. The back yards are concealed from the public making it difficult to identify potential infringements. The HOA is also tasked with posting signage, enforce dog cleanup and dogs on leashes, avoid encounters with wildlife and to maintain fencing to protect the wet land, all with no oversite by the City or other agencies to make sure they are in compliance to protect wildlife and this important Federally protected wetland and riparian habitat. The HOA is also tasked with building and maintaining a bird blind, picnic area, playground, trail and fencing. These are not minor costs. When the area experiences flooding, beaver activity, river channel changes, vandalism, damage to structures caused by fallen trees, the costs could easily overwhelm a 16- member HOA that could be unwilling or unable to pay for potentially high-cost repairs. If not the HOA, is seems that the City would be have to step in to mitigate overwhelming problems. It appears that this is exactly what is currently happening at the much larger Legends Subdivision. Faced with a huge and costly problem, City of Bozeman taxpayers will pay for what I understand is $200,000 to repair damage to their park. The park and structures in the park should not have been put there to begin with so close to Bridger Creek. It seems similar problems and costs might be in the future if Shady Glen were to move forward. On behalf of all of us tax payers, we might learn from past mistakes and don’t repeat. Waterways are dynamic and need room to shift and change. We also need to welcome and support the work that beavers do to capture and hold water. Instead, 14 beavers were killed last year as their efforts were impacted human development that was built too close to Bridger Creek. May I remind all of us that the work beavers do around water is vitally important and beneficial for us all. They build dams that help to keep water in an area longer. This is now a crucial part of how our watershed can mitigate extended drought, diminishing aquifer regeneration and rapid runoff and early loss of snowpack in the Spring. This new climate pattern associated with Global Climate Change is affecting the Gallatin Watershed. We already know there will not be enough water to sustain our community’s ever-increasing demand in this new climate. When I hear the argument that Bozeman is in vital need of housing and that we should use all available infill to create more, I would argue that is parcel is not the right place to add more homes. It is rather vitally important to conserve this property. I respectfully encourage the City Commissioner to stand by your past stated concerns for this development deny approval for the proposed development Shady Glen. Commission members have commented on this proposed development during the last vote, citing concerns for public safety by saying the following: “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 and in this case a 2nd point of access.”- Commissioner Jennifer Madgic “It’s not in the interest of public health from the perspective of not having another access point.” -Commissioner Chris Coburn And finally, “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.” - Madam Mayor, Cyndy Andrus This development is unresponsive to the needs of the community, and begs the question: Why is the city wasting its time again, bending over backwards to make one developer’s proforma work? Especially at the expense of the standards and precedent our elected officials have put forth to ensure the safety of our community members. I hope that the city commission will defend their own words of concern and vote this development down again. Many thanks to each of you for your time in considering the important questions before you. I appreciate that you are all trying to make the best decisions for the health and safety of our community and for the health and safety of the natural resources, habitats and waterways that are irreplaceable and diminishing before our eyes. The City has requested input about Sensitive Lands on private lands and that process is underway. We can project forward that a proposal such as this would not be approved in the very near future. We are at a critically important juncture of human development in the Gallatin Valley and you are in the position to positively affect change in the direction of growth as it impacts our natural resources without which we simply cannot survive. Respectfully submitted, Janet Winnie