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HomeMy WebLinkAbout03-15-23 Public Comment - M. Kaveney - BCAN Comments on #22-264 PP to be sent to CDB membersFrom:Marcia Kaveney To:Mike Maas; Agenda Subject:BCAN Comments on #22-264 PP to be sent to CDB members Date:Wednesday, March 15, 2023 12:59:41 PM Attachments:BCAN Canyon Gate Preliminary Plat_Final Comments (1).pdf 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 Mike-Since these compiled comments are being sent from one of the city's official neighborhood associations, will you please send them to the individual CDB members in addition to theassociated packet? They represent over 50 hours of volunteer effort and we want to make sure the board members have an opportunity to read them before the upcoming meeting onMonday, March 20. Recently, I have heard from other advisory board members as well as a city commissioner that they don't always have success getting to the comments in the provided laserfiche link. Thisway, we can ensure they receive the comments in a timely manner. Thank you, Marcia K. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 1 Date: March 15, 2023 To: City of Bozeman The proposed development (Canyon Gate Major Subdivision Preliminary Plat, Application 22265) (Applicant) is within the boundaries of the Bridger CreekLands Association of Neighbors (BCAN). BCAN is a City-approved association with chartered objectives to, among other things, enhance communication between Bozeman residents and the City of Bozeman (City), foster partnership, cooperation, and consensus among diverse interests, and offer opportunities for public participation in City processes.1 Future residents of Canyon Gate will automatically become BCAN members because the boundaries of the development are included as part of BCAN’s physical boundaries. These comments represent input from current residents who reside in the vicinity of the proposed development. Many of the comments, however, focus on how aspects of the proposed preliminary plat plan can be modified in support of future residents’ health and safety as well as enjoyment of their new homes. In addition, BCAN members are also sending individual comments to the City on the proposed development and, therefore, this comment letter should not be considered the only comments from BCAN residents. Please give these comments serious consideration. They are based on collective community concerns and lessons learned from development impacts associated with CreekLands’ and Legends’ developments. All are included to contribute to the City’s goal of making Bozeman a livable place. Please note that several comments pertain to impacts to existing HOAs, such as flood control and access to an existing HOA’s easement to help the City meet Vision Zero goals. We ask that you pay particular attention to comments requesting interaction with HOAs and BCAN. We also requests a formal response to the proposed conditions of approval recommended in this comment letter. Sincerely, Marcia Kaveney for the BCAN Steering Committee Marcia Kaveney, Chair Christine Roberts, Secretary Brad Bates, Inter-neighborhood Council Representative Arlene Tonon, Treasurer 1 (https://www.bozeman.net/departments/administration/neighborhoods) Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 2 GENERAL COMMENTS 1. Integrating Existing Policy with Community Needs. The City’s Community Plan is a blueprint for future development that recognizes the importance of community input to the review process by seeking to balance the needs of the community with published policy that is adaptable to community needs. The plan recognizes the importance of adhering to published guidance while also being adaptable to changing circumstances and community concerns, specifically that a growth policy must balance consistency with responsiveness to the needs of the community. BCAN’s comments are provided to improve the development of the Canyon Gate parcel. The length of these comments is reflective of the fact that the Applicant has chosen not to engage with the community to discuss questions about the proposal. The objective of such outreach is to help meet growth policy goals and objectives by providing meaningful opportunities for input. Such opportunities have been requested by the community but have not occurred. 2. Public Noticing and Mitigation of Impacts. The public notice for the proposed development cites the Bozeman Municipal Code criteria for documenting compliance with standards2 and City commission review and action3 as the basis for public comment. These sections of the municipal code are presented to affirm that the City can and should identify mitigations for adverse effects of development proposals. The municipal code4 provides other direction for the City commission related to ensuring that adverse impacts are identified and that mitigation measures are implemented. It directs the City commission “to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation.”5 Other parts of the code6 note that the standards for approval of a proposal are minimum requirements and that the City commission can require Applicant to design the subdivision to reasonably minimize potentially significant adverse impacts. 2 Sec. 38.220.060. Documentation of compliance with adopted standards 3 Sec 38.240.150 4 Division 38.200 Jurisdiction and scope of authority 5 Sec. 38.200.010. - Review authority 6 Sec. 38.100.050. (Interpretation as minimum requirements); Sec. 38.240.150.C. (City commission review and action) Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 3 Condition. 1) Based on the public notice requirements of the Bozeman City code, the public comment process should be revised to require Applicants to conduct open house sessions with affected neighborhoods prior to a commission hearing on the project. 2) In addition, based on the authority granted to the City commission by the municipal code, commissioners must exercise their authority to require Applicant-financed and constructed mitigation for identified direct and indirect adverse impacts of the development. The following section presents specific comments on the application in accordance with the Subdivision Preliminary Plat Checklist Response. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 4 APPLICATION-SPECIFIC COMMENTS The numbering below corresponds to numbering in 003 Subdivision Preliminary Plat Checklist Response, Documentation of Compliance (hence its non-sequential presentation). 2. Floodplains 2.1 Floodplain Mapping. It is common knowledge that FEMA floodplain maps are outdated. As analyzed in the New York Times, “Across much of the United States, the flood risk is far greater than government estimates show, new calculations suggest, exposing millions of people to a hidden threat — and one that will only grow as climate change worsens. That new calculation, which considers sea- level rise, rainfall and flooding along smaller creeks not mapped federally, estimates that 14.6 million properties are at risk from what experts call a 100-year flood, far more than the 8.7 million properties shown on federal government flood maps.” 7 It is insufficient for the Applicant to address this lack of updated data by proposing that a suitable mitigation is to add a note to the final plat map alerting future purchasers of homes in Canyon Gate that the area is subject to 100-yr flood hazards not reflected in the official 2021 FEMA Flood Insurance Study and Flood Insurance Rate Maps. This is insufficient as mitigation because the City would essentially be deciding not to determine flood impacts related to this development. Rather than identifying impacts and suggesting mitigation (such as alterations in the number and location of structures), the Applicant offers only a fine-print notification that flood impacts are at the risk of future homeowners. The City has an obligation to identify these impacts and to suggest development layout changes to minimize risk. In addition, the proposed development disallows basements, crawl spaces, and sump pump discharge, further putting future residents as well as existing residents at risk by denying adequate responses to flooding. (Also see comments in 14, Parks and Recreation, below for suggested alternative layouts to avoid flood impacts and increase open space.) 7 New York Times New Data Reveals Hidden Flood Risk Across America, June 29, 2020. https://www.nytimes.com/interactive/2020/06/29/climate/hidden-flood-risk-maps.html) Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 5 Condition. The City should assess the floodplain based on historical records and project existing mapped data to future conditions, thereby requiring project redesign based on actual flooding impact potential. 2.2 Flood Flows. At Legends II, existing flood flows are captured by drainage retention areas along Northview Street (identified as Open Space 15 as shown on Applicant drawing 016 C5. 0, Grading and Drainage Plan). The Flood Hazard evaluation report states that if the entrance to the existing culvert on Legends property becomes clogged and reduces culvert flow of flood waters, such flood waters would remain within the Bridger Creek corridor. The report further states that the non-diverted flood discharge “would not have significant effect on the inundation area or water surface elevations downstream from the culvert.” This is an unsupported conclusion and requires discussion to verify its unsubstantiated claim. Further, the report states that plugging two upstream culverts under Northview Street would “reduce potential flood hazards within the Legends subdivision if the downstream culverts were to become obstructed.” This logic implies that two additional culverts that drain water under Northview Street would be purposely plugged to avoid flood flow overflows in the Open Space 15 retention basin. The report is silent on where that diverted water from two culverts and a receiving retention basin would go. As written, the report implies that flood flows could be diverted from Legends II by diverting it somewhere else, so that avoidance of flood flows along historical pathways in the Canyon Gate development would not need to be mitigated, and likely have to convey flood flows that flow through the Legends open space. The Applicant does not have the authority or foresight to discuss what would or would not occur to the existing Legends flood conveyance structures so as to avoid flood flow impacts to the proposed development. More importantly, if existing culverts were plugged, flood flow would be directed to other areas in Legends, such as along Boylan Road, Northview, Maiden Spirit, and other roads in the Creekwood and Legends I and II subdivisions. The Flood Hazard report does not address the original intent of the retention basin at the eastern property boundary of Canyon Gate. The Legends II retention pond was graded so as to spill onto the proposed development area and Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 6 follow the natural watercourse. The idea of plugging culverts will create direct adverse impacts to existing areas of the Legend II development. Condition. The City should require that as a condition of approval the Applicant revise the Flood Hazard evaluation to demonstrate where that redirected flow would go and what impacts to offsite users would occur as a result of the proposed “alternative mitigation.” In addition, and also as a condition of approval, the Applicant’s Flood Hazard Plan and proposed mitigation should be reviewed by the Legends II engineer of record to ensure that operation of the Legends II system will not be altered by the proposed development. 3. Vegetation. Tree Count and Vegetative Cover and Protective Measures. According to the Applicant, the subject property is occupied by “pasture grass and some trees.” This narrative greatly understates the existing groves. More than 100 (actual 111) healthy mature trees with a DBH (Diameter at Breast Height) of over 8 inches exist at the north half of the development site. The “existing trees” shown on plan 006. CO.3 Existing Conditions Plan, illustrate only 33 of the 111 existing trees in the two main east and west groves. In addition, two historically significant cottonwood trees with diameters of 4 and 5 feet and a large juniper are part of the existing property. These trees, which are evident on photo-documentation from the 1970s, are present primarily in a western and eastern grove. Elsewhere on the subject property smaller groves of aspens and other trees are scattered, further contributing to sources of natural flood control. As shown on the Applicant’s plan, these groves and nearby trees lie in the naturally low- lying areas of the historic flood path. Measures need to be taken to protect these groves because they serve as natural flood control mitigation areas, retain ground moisture, lessen the drying impacts of wind, moderate temperatures in the hot summer months, and provide wildlife corridors and nesting habitat for many bird and small mammal species. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 7 Condition. As a condition of approval, the City should require the Applicant to preserve 75 percent or more of the two main groves to maintain their natural function for underlying flood control, ground moisture, and wildlife habitat. The City should also require retaining greater area of the natural historic flood path (shown on 006.CO.3 Existing Conditions Plan) from Legends II through the Canyon Gate property to its northeast corner. 4. Wildlife Wildlife Migration. The Canyon Gate Investors, LLC, sent a letter to Montana Fish, Wildlife, and Parks (August 1, 2022) stating that the “green corridor of parkland will successfully connect the community to the surrounding parks and may continue to serve as a path for animal migration.” The existing condition currently provides a 24-acre green corridor that already supports wildlife mitigation. The proposed “parkland” of 3.07 acres (Parkland and Public Open Space) is a drainage swale surrounded by residential and commercial development. As a result, only 3.07 acres of the 24-acre development would be undeveloped and retained for possible wildlife movement. The Applicant describes the proposed drainage swale as a benefit when in fact, the entire site currently is used as wildlife habitat and for migration. Given that the proposed development is removing approximately 20 acres of existing wildlife habitat and the proposal calculates a shortage of 2.57 acres of required parkland and open space, the claim that the project provides a green corridor for wildlife migration is misleading. Wildlife movement frequently occurs already in a north-sound trajectory based on wildlife seeking water and vegetative cover along Bridger Creek. The only north-south accesses for species movement in the proposed development will be a paved street bordered by residential structures, a paved path between commercial buildings, and a short section between two parking lots. Although endangered species or species of concern have not been documented onsite and the Community Plan does not favor large species, we cannot ignore the fact that the subject property lies midway between and at most a distance of one-quarter mile from each of two major wildlife habitats of Bridger Creek and the Story Hills. Deer, moose, and bears frequently pass Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 8 through the site and adjoining existing areas. Without better provision for wildlife corridors, we can expect more frequent conflicts to arise between humans and wildlife. Condition. The City should require that as a condition of approval the Applicant expand the proposed acreage of open space and require a north-south unpaved greenway that supports public parklands as well as species movement in accordance with existing migration patterns. 10. Stormwater Management Stormwater Retention. The preliminary plat (Map 016.C.50 Grading and Drainage Plan) shows onsite underground stormwater retention basins (approximately 19) that are intended to funnel drainage from the existing Legends II drainage swale on Northview through the Canyon Gate development. Maintenance access manholes were not provided in Legends I and II during their development, and the HOAs had to fund installation of manholes to address cleanout and maintenance of the underground detention systems. The plat map shows overflow water being drained via public parks B and C that bisect the residential development from east to west. These areas appear to convey overflow stormwater from the existing Legends II detention basin. The Applicant does not discuss how the stormwater plan approved for Legends I and II would not be adversely affected by the proposed Canyon Gate design. For example, the existing report is silent on how much flow is anticipated through this channel and the type of ground profile required to accommodate this flow. If the City takes over maintenance of these underground facilities at some future date, is the number of 19 individual locations sufficient for City maintenance? We request fewer and larger stormwater facilities for ease of maintenance and to ensure that the overflow from the Legends II drainage is accommodated and maintained appropriately and not at the expense of existing or future homeowners. It is also inaccurate to call this area a public park, when it is essentially a drainage area that follows historical flood flow patterns and will serve as a swale for transport of flood flows. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 9 Condition. The City should require the Applicant as a condition of approval to install fewer and larger stormwater facilities for ease of maintenance and to ensure adequate installation of manholes to address future stormwater maintenance so that new residents in the Canyon Gate HOA will not be liable for installation at a later date and so that ongoing maintenance of the stormwater system can proceed safely and effectively and operate as engineered. We request written assurances from the City that the stormwater plans approved for Legends I and II are not adversely affected by the proposed Canyon Gate design. 11. Streets, Roads, and Alleys 11.1 Needed Bridger Canyon Drive Ingress/Egress to Commercial Lots. On August 3, 2022, the Applicant requested a permit from the Department of Transportation to approve a new approach onto Bridger Canyon Road (MT Highway 86, C000086) from the north side of the street. (The permit application is included as “030 MDT Approach Permit Application” in the Applicant’s preliminary plat submittal package.) The Applicant has stated the site will be a regional commercial center and, therefore, access from Bridger Canyon Road will provide more direct access for regional users. This new site access is an assumed site feature in the transportation plan (020 Traffic Impact Study) prepared for the development and, therefore, it must be included in depictions of all project maps in all reports. The preliminary plat map (009.C1.1 Concept Development Site Plan) shows a proposed egress/ingress off Bridger Canyon Drive east of Story Mill Road into the retail areas of the development. It should be a condition of the City’s approval that this access be developed to support access via Bridger Canyon Drive and help reduce bottlenecks along Story Mill Road. Ensuring this access is required will support traffic calming measures of both MDT and the City’s Vison Zero goals. The retail area is 139,000 square feet (3.2 acres) and advertised as a regional destination (“Main and Main” per the Applicant). A retail area of this size demands ingress from Bridger Canyon Drive to help calm traffic along Story Mill Road, and nearby local streets. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 10 Condition. The City should require the receipt of the MDT permit for this access point and inclusion of it in the final plat plan and all development figures as a required condition of approval of the Canyon Gate Subdivision. The City should require the Applicant to coordinate with MDT and ensure this access is granted prior to approval of a final plat plan and pay impact fees to MDT for additional traffic loads on Bridger Canyon Drive. 11.2 Connectivity of Canyon Gate Boulevard to Northview Street. The Applicant sent Legends II HOA a letter inquiring about obtaining an easement to connect Canyon Gate Boulevard to Northview Street. Despite multiple requests from the Legends II HOA Board to set up a meeting, the Applicant refused to meet to discuss this issue. On March 8 and 9, 2023, the BCAN steering committee members requested the City to require the Applicant to meet with the HOA and discuss using the easement to allow access of the Canyon Gate development to Northview Street. Legends II HOA submitted a request to the City to require the Applicant to meet with Board members on this issue. The HOA had previously attempted several times to set up a meeting with the Applicant and been rebuffed. Several advantages are associated with connecting the proposed dead-end Canyon Boulevard proposed by the Applicant to the existing Northview Street: (1) Extending Canyon Gate Boulevard to Northview Street would significantly reduce traffic flows along Maiden Spirit Street, which currently is the only eastern entry and exit to the Canyon Gate development and (2) this throughway would link the existing alley off Northview Street to Canyon Gate Boulevard. This alley, which is currently maintained by Legends II, is anticipated to become a City road in the future given the ongoing and anticipated annexation of parcels currently in County property along Bridger Canyon Drive to City jurisdiction. Based on this future traffic pattern, it makes no sense to stop Canyon Gate Boulevard short of Northview Street. The Applicant should negotiate in good faith with the Legends II HOA to accomplish this connection. Condition. The City should require the Applicant to meet with Legends II HOA Board and BCAN Steering Committee to address this vital link to effect major traffic calming of the proposed project. It is a critical component to achieve traffic calming measures supported by the City. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 11 11.3. Vehicular Traffic Generation Impacts. This is one of the most important issues, along with safety issues about delayed emergency response at railroad crossings, identified by BCAN. 11.3.A. Provide Rationale for Conclusions made in Study. One of the more challenging aspects of this public comment process is the tendency of the Traffic Impact Study and other reports to make conclusions in the body of a report and then refer the reader to detailed appendices with topic-specific calculations that only an area-specialist can interpret. This results in conclusions made in reports that the public has no means to understand or verify. Because traffic is one of the major concerns of BCAN members, this traffic impact study must be revised to do more than make conclusions and refer the reader to detailed traffic analysis appendices—the Applicant should provide the rationale for the study’s conclusions in the body of the report so it is understandable to the general public. This is also the case for level-of-service (LOS) conclusions. The study states that all Year 2027 projected intersection capacity results showed that all study area intersections would continue to operate at LOS C or better during both the AM and PM peak hours. The report makes this statement and refers the reader to detailed appendices that contain calculations intended to be read solely by traffic engineers. Because traffic impacts are the number one concern expressed by BCAN members, the study intended to help the public understand how levels of service are developed is indecipherable to all but traffic engineers. Condition. The City should require the Applicant as a condition of approval to revise the study to make clear linkages between trip generation using all factors that affect traffic volumes, including external trips generated to reach a regional commercial destination, including a comprehensible rationale for the conclusions underpinning level-of-service conclusions attributable to the project. 11.3.B. Trips included in Trip Generation. The study is deficient in calculating the true increase in traffic volumes attributable to the project. The traffic study estimates that at full build- out the Canyon Gate development will “generate 4,606 gross average weekday trips.” The report adjusted this estimate to account for internal capture trips (those that do not have origins or Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 12 destinations external to a project site) and pass-by trips (intermediate stops on the way from a point of origin to a primary trip destination). With the adjustment for these factors, the report estimates the project will result in an additional 3,174 net new external vehicular trips on a typical weekday. The trip count was conducted on two days when school was not in session due to a PIR (Pupil-Instruction-Related) day and spring break. Based on a review of the study, it is unclear whether the report considers the extensive construction truck traffic that would occur during the multi-year consecutive construction envisioned by the Applicant. Table 3 of the study includes only limited sources of trips. As we know, long-term construction impacts of major truck traffic results in extensive impacts to existing roads and creates adverse temporary (albeit multi-year) adverse impacts of dust, noise, etc. The report is silent on these traffic impacts by appearing to calculate only those commercial and residential vehicle trips that occur after build-out. The Applicant advertises the project as “Main on Main,” with an emphasis on the commercial and retail as a destination location, thereby resulting in trips from outside the area. It is not clear that the analysis considered these additional trips. (see Table 3 of Traffic Impact Study), which presents estimates only for average weekdays, not weekends, when most out-of-area destination trips would be generated. The study estimates that more than 1,000 trips will be generated on an average weekday for “Fine Dining” alone, which indicates trips originating from out of neighborhood. This estimate would likely increase traffic trip generation counts if weekend estimates had been provided. Condition. The study must also clearly describe what detailed assumptions were made in calculating trip generation of the proposed development and how level-of-service was estimated relative to existing traffic counts. Also see below for requested traffic calming measures (E. Traffic Calming and Pedestrian Crossings.) 11.3.C. Maintenance. The municipal code requires the report to describe “any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance.” It also requires detailed drawings of any proposed traffic calming installations, Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 13 including locations and turning radius templates. The study discusses neither maintenance nor limiting access to Bridger Drive and Story Mill during construction. It also does not provide required drawings of proposed traffic calming installations. Condition. Include as a condition of approval that the Applicant discuss maintenance and include and provide detailed drawings of traffic calming measures covered as BCAN-proposed conditions under Traffic Calming and Pedestrian Crossing, item “11.3.E” below. 11.3.D. Access Spacing. The study states that Bridger Drive is an arterial and Story Mill Road is a collector and that based on City of Bozeman spacing requirements for full movement accesses, “none of the proposed Canyon Gate access intersections are spaced adequately.” Rather than address the insufficient spacing, the study asks the City to grant such modifications. (“An access deviation is therefore requested per the UDC, Section 38.400.090.H. “) (Traffic Study, page 13) Per the municipal code (38.400.090.H.1) the City code “may be relaxed” if it is shown “during the development review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's growth policy.” The traffic study presents no such rationale for this modification request. Information supporting such a request for exemption from established code is essential documentation needed by the advisory board, the commission, and the public to make informed review and decisions. Condition. The City should direct as conditions of approval that the Applicant (1) prepare a complete and accurate traffic impact study that fully discusses the relationship between existing conditions and anticipated impacts that account for trips generated externally to the site as a shopping and regional destination location. The revisions should include comparative tables in the body of the study for existing and proposed trips generated; (2) the rationale for any request for modification to City code of street access on Story Mill Road to commercial areas; and (3) a new traffic impact count conducted on at least one day when school is in session, one weekend day during the ski season, and one day in the summer because the subject property is located at the entrance to a major recreation area. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 14 11.3.E. Traffic Calming and Pedestrian Crossings. The municipal code requires applicants to provide in the impact study detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. The traffic study recommends three mid-block pedestrian crossing locations within the Canyon Gate site. BCAN has been meeting with the City to address assistance in encouraging the Applicant and other entities with authority over speed limits (NDOT) and transit (HRDC) to address impacts under their review authority. In addition to the measures recommended in the traffic study, the City should require the Applicant to address direct impacts to pedestrian safety from increased project-related traffic: Condition. Because project-generated traffic will result in direct and locationally immediate impacts for pedestrian crossings, the City should require the Applicant to fund installation of pedestrian crossings and other measures that ensure public safety, traffic calming, and multi- mobility in a high-volume traffic zone and meet City goals and objectives of Vision Zero. These measures include the following:  Speed hump on Maiden Spirit. Require traffic calming measures of 12-foot wide speed hump on Maiden Spirit connection to be installed on Canyon Gate property and maintained by CG HOA.  In R5, reconfigure building placement to have parking driveways access Canyon Blvd near Story Mill and eliminate the exits towards Spirit Crossing.  Pedestrian crossing light and 4-way crosswalk at Boylan and Story Mill  Streamline bus stop availability within the commercial areas of development.  A park and ride lot for skiers heading to Bridger Bowl and Cross Cut Mountain Sports Center  Street connection of commercial and retail areas to residences (connect Lot 1 to Canyon Gate Blvd)  Provide designated parking for cars and bikes at the proposed dog park at the corner of Story Mill and Boylan Road.  Install pedestrian crossing with flashing lights at Birdie Drive and Bridger Road Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 15  Install pedestrian crossing with flashing lights where Story Mill Park entrance aligns with Bridger Center Drive, the access for Ghost town coffee, Zeke’s Little Store, and other neighborhood amenities. These light/activated crossings all ensure public safety, calm traffic, and facilitate trail connectivity.  Existing Gravel Story Mill Spur Pathway. The existing trail dead ends at Story Mill Road. As a condition of approval, the Applicant should align one of its trails or sidewalks with the Story Mill Spur Pathway and add a pedestrian/bike crossing with flashing light at this location to ensure public safety. 11.3.F. Emergency Response Times: Traffic Delays and Public Safety Impacts from Train Delays The study concludes that 85 percent of all train crossings at Rouse Avenue would exceed the maximum flex time, as supported by information substantiated by Montana Rail Link. Traffic delays and public safety was a key public comment made during the public meetings on the annexation and zoning change for the development site. These concerns remain valid for BCAN residents. During public comment to the City commission, the commission dismissed public concerns about emergency response time and stated that emergency vehicles could use Spring Hill Road and not add appreciable time for emergency response. This conclusion was made without factual basis, and the lack of logic continues with this traffic study. The Traffic Impact Study, Appendix E, reveals extensive existing delay in response times that exceed the four-minute response times recommended by the National Fire Protection Association. Montana Rail Link documents that the top one percent of delays for the Rouse Avenue at-grade railroad crossing is greater than 14 minutes, with a maximum recorded delay of almost 52 minutes. For the crossing at Wallace and L Streets, the top one percent of delays at that crossing are 3 minutes and 16 seconds, with a maximum documented closure of over 55 minutes. The report dismisses the maximum delays referring to them as “outliers,” but no data were presented in the evaluation to document that conclusion. In addition, the report makes unsupported assumptions that delays at the Wallace/L street crossing will not affect delays at Rouse Avenue’s crossing because the longer delays at Wallace/L are due to car switches at the yard. This Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 16 assumption is not supported by fact or by local experience at all three crossings, including Griffin’s crossing being blocked. Appendix E graphics in the traffic study also do not accurately depict the existing condition by not showing the at-grade crossing at Griffin. The report applies tortured logic to a very real concern for public safety. These unsupported assumptions lead the traffic study engineer to conclude that the 4-minute target rate response time would be met barring: mid-trip rerouting, train crossings that block both crossings, and crossings that exceed more than 1.69 minutes. This conclusion ignores the previous TIS conclusion that 85 percent of all train crossings at Rouse would slow emergency vehicles to the BCAN neighborhood beyond the NFPA target emergency response time. The Traffic Impact Study does not contemplate the impact of train crossings with the proposed (and under projected) additional vehicle trips/day from the development. Furthermore, the traffic study was conducted on two days when the local schools were not in session (above). If these kinds of delays are experienced now, they will only increase with the additional traffic generated by Canyon Gate. Section J of the municipal code codifies the City commission’s authority to require mitigation for identified impacts. The code further states that the standards for approval are “minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the City commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter.” Condition. The City should exercise its authority under Section 38.200.010 to prevent adverse impacts of subdivision developments. Specifically, the City should require revision of the number of proposed residences and commercial space proposed in the plat plan. The development will double the number of residents in the area and also seeks to attract shoppers to a regional location already constrained by train delays at three crossings. The City should also require as a condition of approval that the Applicant contribute funds for future emergency response services, including a fire department annex in the project vicinity north of the existing railroad tracks and three crossing locations. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 17 14. Parks and Recreation Cash in-lieu, Design Layout to Create Neighborhood-centric Design. The Parks Master Plan (December 2022) states that dedicated parkland and open space will comprise 3.07 acres of the 24 plus acre Canyon Gate subdivision. The Applicant is proposing that Cash-In-Lieu required based on residential density will be proposed as Improvements-in-Lieu to the parks, totaling 2.57 acres or $258,076 worth of improvements. This cash amount as dictated by the state legislature is currently well under the market value at $2.30 per square foot. In effect, the City is selling the equivalent of at least 10 building lots of one-quarter acre each that would, in today’s market, fetch something closer to $2.5 million dollars. Existing parks in Legends II and Story Mill Park will provide amenities for residents of Canyon Gate. However, family-oriented amenities, such as basketball courts or children’s play areas, should be included in the development to avoid residents having to cross Bridger Canyon drive with small children and strollers to use the amenities at Story Mill Park. A soccer field and small sledding hill should be included at Canyon Gate because those amenities in Legends II are at capacity during the relevant seasons. Condition. The City should require as conditions of approval:  Current market value analysis of the owed acreage by an independent party. The City should not accept the cash-in-lieu offer until such time the cash-in-lieu corresponds to market value.  The full amount of required parkland and open space to expand the “neighborhood center” replete with missing amenities of playing field, sledding hill, and ball court, increase the existing trail space including the area between the Canyon Gate and Legends I and II properties, and increase the open space adjacent to Legends II retention pond on Canyon Gate’s east boundary. In that added parkland and open space, the City should require the above missing amenities, or alternatively use that open space acreage to protect and maintain the existing historic flood path and Cottonwood groves.  Separate the residential lots in the R3 zone from Legends I and Legends II by a 25-foot wide open space with bike/ped paths to connect to neighboring sidewalks. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 18  Remove the proposed narrow sidewalk from Canyon Gates eastern boundary and change the orientation of any remaining houses in that lot, so as not to face them directly onto the private open space of Legends II retention pond thereby reducing use-of-space conflicts with Legends II property owners.  In the R5 zone, place parking on the ground floor beneath the apartments to create covered parking, lessening the need for snow removal and storage and increasing the land available for park and open space. 15. Neighborhood Center Plan By its very nature of design, a linear park cannot also act as a focal point for a neighborhood center. Without a larger space for gathering, the Neighborhood Center Plan does not yet exist in the Applicant’s proposal. By contrast, each of the smaller HOAs within BCAN provide a centrally located, non-linear gathering area for their homeowners, whereas the proposed development does not incorporate a non-linear gathering area for its own HOA members nor for the greater neighborhood of BCAN. When reviewing the 023 Park Master Plan, two locations could be transformed into a Neighborhood Center—(1) by expansion of the park next to Block 4, Lot 4, or (2) putting parking under the apartment buildings on the ground level and expanding the center park between the two apartment buildings in the R5 zone. The Applicant states that a “linear park running east-west” through the development, picnic tables, and an “extensive trail system” will result in a neighborhood-centric plan. The Applicant also states that this pathway along the green space provides connectivity to other local parks. However, the linear park is just a drainage swale to capture flood overflows. The trail on the swale connects to retail centers, and neighboring private space, not other trail networks. For example, to add connectivity Public Park C should extend northward on the east side of Block 3, Lot 1, until it meets the open space sidewalk of Legends II at Maiden Spirit Street. A major park (Story Mill) lies across State Highway 86 that will have a signal crossing installed by the City at Story Mill Road and Bridger Canyon Drive, but other existing spur trails will be dead-ended at traffic-heavy access locations for commercial buildings. A dog park and community garden are proposed at the corner of Story Mill and Boylan Road because of the drainage patterns that will likely result in inundation of this location. No parking is provided for these features, which adds to the parking burden on neighborhood streets. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 19 Condition. The City should require as a condition of development that the Applicant meet with BCAN, HOAs Board members, and interested members of the community to define what defines neighborhood-centric design and how to redesign structure orientation, pathways to connect with existing pathways, and non-linear park space to meet the definition of neighborhood-centric parks. 16. Lighting Plan. The Canyon Gate preliminary plat plan report states only that “All subdivision street lighting is proposed within the street right-of-way in accordance with the City’s lighting design standards.” This is based on Canyon Gate’s proposal to install lighting only in streets. The area is currently valued by BCAN members as a dark-sky portion of the City. This neighborhood feature was identified by BCAN members based on City direction during BCAN ‘s formation, so it remains an important concern. Condition. The City should require the Applicant to meet municipal code requirements to submit a visual study that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the City's character, especially in consideration of the extensive proposed commercial development. 17. Miscellaneous 17.A. Public lands. The Applicant describes only the increase of public access to public lands for Canyon Gate residents. It does nothing to increase the general public’s access to public lands. Canyon Gate residents will substantially increase the use of the nearby public trails, and their subdivision will more than double the neighborhood population. 17.C. Wildlands-urban interface. The applicant states, “The site is within the Wildlands- Urban Interface (WUI) and lists the site and nearby areas as having low-priority hazards.” In reality, the bear interface is active, bear proof trash and compost areas should be required. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 20 18. Affordable housing Affordable versus Attainable. The Applicant is required to describe how the subdivision will integrate with Division 38.380. The description must be of adequate detail to clearly identify those lots complying with Division 38.380 requirements and to make the obligations placed on the affected lots readily understandable. The Applicant has not, however, labeled their income-restricted housing as “affordable” because it falls into the “attainable“ category of 120 percent AMI. As per the checklist response, the Applicant has left the obligations and management of the workforce housing up to the City to decide how to manage. The remaining 410 units are not being advertised by the Applicant as affordable or attainable. The Applicant has not taken any known measures to prevent these 410 units from becoming second homes or short-term rentals. Condition. As a condition of approval, the applicant must provide additional funding for City staff to work out the details with the City-approved community or housing entity for the work force housing. This funding should be supported by research of expected number of hours, etc. The cost for administering the workforce housing should not fall on the City. Additionally, as a condition of approval, the covenants should include a line item greatly restricting the number of short-term rentals and second homes in the remaining 410 units in order to truly have the subdivision contribute to the much-needed housing demands in Bozeman. 19. Comments on Applicant’s Description of How the Proposed Subdivision Advances the Adopted Growth Policy As noted in the General comments of this letter, the City’s Community Plan is a blueprint for future development. The plan clearly recognizes the importance of community input to the review process by stating, “A growth policy must balance consistency with responsiveness to the needs of the community. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 21 If the policy is not consistent, it will have little value as a planning tool, nor provide an adequate basis for implementation actions, nor have the confidence of the community. If the policy is not responsive, policies and actions are continued that no longer address community needs, and less than optimal guidance for future actions is provided.” In general, it is disingenuous for the Applicant to comment on how the proposal meets neighborhood needs when he has not provided opportunity for input on his proposal and has declined requests by a neighboring HOA to meet. Legends II HOA recently submitted another request, this time to the City, to require the developer to meet with the Legends II HOA to discuss the use of the HOA’s easement for connectivity and traffic calming along North\view Street. A response from the developer is anticipated. The Applicant offers ways in which the development meets the City’s growth policies. These summations are deficient in the following ways: Goal N-1, Support well planned walkable neighborhoods. Applicant Claim. The Applicant states that the subdivision will connect neighborhoods, schools, services, jobs, parks, and trails that will promote a walkable and bikeable community. In Actuality. Although the project will connect an existing roadway with outlet to Boylan Road, overall, it truncates and isolates the area for walkability and bike trail access. In addition (as discussed above) the dead-end Canyon Boulevard creates a road to nowhere and does not connect to Northview Street. A connection would greatly reduce traffic impacts in the existing Legends I and II and Creekwood developments. Since the Applicant has refused to meet with the Legends II HOA about the use of the existing easement to connect Canyon Boulevard to Northview, BCAN has asked the City to require the Applicant to meet with Legends II HOA to discuss this vital connection point. Condition. The City should require the Applicant to implement the safe streets traffic calming measures outlined above in Section A.11.(3.E). of this comment letter, including pedestrian crossings and signage. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 22 Goal N-2. Pursue simultaneous emergence of commercial nodes and residential development. Applicant Claim. The Applicant states that the subdivision’s commercial nodes along Story Mill Road and Bridger Drive will be a focal point to serve neighboring communities. In Actuality. The project is being developed as a regional commercial destination and has not been defined as providing retail or commercial services that meet community needs. No commitment is made to include services a community would find desirable, such as schools, grocery stores, or a fire department annex, (to address the isolation of the three at-grade railroad crossing). The development is designed to attract out of area shoppers and no community-based features are offered or designed. Condition. The City should require the Applicant to meet with the existing adjacent residents of Legends, Creekwood, and Headlands to define what is most desired as community services that would meet the city’s goal of integrating commercial and residential development. Goal N-3. Promote a diverse supply of quality housing units. (Also see Comment on 18, Affordable Housing, Above) Applicant Claim. The Applicant states that 60 work force “Missing Middle” housing will be constructed. In Actuality. The Applicant committed to provide these units as affordable offerings only at the end of a December 2022 City commission meeting attended by dozens of neighborhood residents and only based on the extensive comments (over 400) submitted by the public on the proposed annexation. It is important to remember that these units would not have been included at all if not for the diligent analysis of impacts and comments provided by the public. The Applicant would Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 23 not have made this “concession” otherwise. In addition, there is no guarantee that those units will not be used as short-term rentals or as second homes for part-time residents—the claim that these units guarantee to alleviate the housing crisis are not supported. Goal N-4. Continue to encourage Bozeman as a sense of place. Applicant Claim. The Applicant states that the project will serve the surrounding community. In Actuality. Although BCAN recognizes that the parcel was identified for development as part of the adopted growth policy, the Applicant has never engaged the community for input into planning for what amenities the community needs or desires. To claim this project supports defining Bozeman’s sense of place, the Applicant has ignored community requests for input during the preparation of the preliminary plat plan. As noted above, this part of town could benefit from grocery stores, childcare amenities, and public transit options, none of which is offered or suggested by the Applicant. Goal DCD-3: Ensure multimodal connectivity within the City. Applicant Claim. The Applicant states that “The increased development in this area is currently spurring the expansion of public transportation services.” We assume this means eventual expansion of HRDC’s Streamline bus service to the currently un-served areas of the proposed development. In Actuality. The plat plan, however, contains no plans to support or accommodate such service, such as pullouts in the commercial areas for bus stops. The only discussion on this issue is that the project will connect “truncated streets and sidewalks to create a continuous network of biking and walking trails and form a community that fosters walkability.” No mention is made to respond directly to how multi-modal connectivity is achieved. This is a minimal effort for ensuring multimodal activity especially in light of trails left unconnected and in no way offsets the negative impacts of high density residential and commercial lots. The plan should also include bike paths and a discussion of managing micro-mobility vehicle use (scooters, etc.) and how these will be managed to avoid nuisance to residents, both existing and future. Bridger CreekLands Association of Neighbors Comments on Canyon Gate Major Subdivision Preliminary Plat, Application 22265 24 Conditions. The City should require the Applicant to incorporate bus stops and additional transition locations to existing trails and parks, including pedestrian safety measures as conditions of approval (See comment A.11. 3.E.) above). A discussion of micro-mobility vehicles and how they will be managed to avoid impacts to residents should be included.