HomeMy WebLinkAbout03-19-23 Public Comment - N. Naiser - Comment for 3_21_23 Meeting_ Shady Glen DevelopmentFrom:Nikki Naiser
To:Agenda
Subject:Comment for 3/21/23 Meeting: Shady Glen Development
Date:Sunday, March 19, 2023 10:14:40 PM
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Dear Commissioners,
I am writing in response to the proposal for the Shady Glen PUD, a minor update to the Bridger View
PUD proposal which was denied by the Commission on July 20, 2021 (then referenced as Bridger
Meadows). I was in attendance (Zoom) at that meeting, and I was impressed and encouraged by the
4+ hour deliberation by you, our Commissioners. You asked the right questions and you were able to
connect the dots, referencing potential scenarios that could transpire should the development be
approved with the relaxations outlined in the 2021 proposal. During this challenging period of rapid
development and affordable housing shortages in Bozeman, your intelligent discourse was a breath
of fresh air.
As a former member of the Bozeman City Planning Board, I am particularly concerned by the
precedent that would guide future development in Bozeman should the updated Shady Glen PUD
proposal be approved, given the six relaxations required. Once the horse is out of the barn on
allowing developments that compromise public safety and encroach on federally protected
wetlands, there may be no turning back. As the Commission has pointed out, the updated Shady
Glen proposal has changed little from the proposal denied in 2021. Although the developer has
attempted to lure the Commission by including deed-restricted affordable housing units (cost
determination TBD), the health and safety of the future occupants, neighboring occupants, and the
fragile environment are of grave concern. The following issues continue to be problematic:
Access: The developers continue to provide only ONE public access road. In lieu of the
mandated second public access road, the developers are proposing to build a pedestrian and
gated emergency vehicle access which will be adjacent to the public access road. The
emergency access road is expected to be kept clear of snow by the HOA, an issue that has
raised concerns by the Bozeman Fire Marshall, who acknowledges that many HOAs do not
keep the snow cleared from the access gates, raising a safety concern.
Road width: The narrowing of the road width from the required 60 feet to 42 feet to
accommodate fill material in the flood plain is also a safety concern in the event of
emergency.
Wetlands protection: Although the developers claim accommodating wetlands and
floodplains have guided their proposal, the proposal falls far short. The requested relaxation
will mean the setback will be reduced from the required 50 feet to 35 feet, not adequate for
supporting a fragile wetland. The HOA will be tasked with maintaining and enforcing
restrictions to be compliant with a federally protected wetland, maintaining fencing,
managing pet waste and agreeing to prohibit use of fertilizers and herbicides. There is no
provision for oversight or enforcement of these critical restrictions.
Flooding: The neighbors at 1050 Boylan Road run sump pumps every spring, and have
concerns that the proposed development—which claims to alleviate the flooding issue—will
increase the stress on the high water table in this area. Healthy wetlands help absorb the
spring flows, and disruption of the water flow that would result from building adjacent to a
100-year floodplain has not been thoroughly explored.
I understand the pressure you, the Commissioners, must feel to ease the housing crisis Bozeman has
been experiencing. And I am not anti-development. But if we are to retain the quality of life people
flock here to experience, we must protect the safety and well-being of our citizens, even as the
potential for weather and fire events continues to grow. We must protect environmentally sensitive
areas in our city limits, and the viewsheds from our beloved trails and parks. And we, who voted for
you, put our trust in your hands to do your best to protect the character of our community as we
grow. I am encouraged by the new UDCs being developed that will consider recommendations from
the Gallatin Valley Sensitive Lands Protection Plan. Because they are not yet in place, it would make
sense to take proactive measures that will support the protection of privately owned riparian,
wetland , water ways, and flood plains.
The Chronicle recently quoted Attorney Andy Willet, who said, “There’s a lot of history here and a lot
of years and expense and resources that this applicant has used and this to us is a great project.” I
realize those of your who have seen developers continue to submit, hone, invest (prior to approval),
and re-submit again may be inclined to reward developers for making any effort to address past
concerns and for including minor provisions to assuage our dire need for affordable housing. But
protecting developers’ investments should never, ever take precedence over protecting our
community’s safety, fragile ecosystems interspersed within our city limits, and the character of our
beloved Bozeman.
I greatly appreciate your service to our community, and I know satisfying conflicting and critical
demands is difficult. With respect, I hope you will consider these comments when you consider
approval of the Shady Glen Development.
Respectfully,
Nikki Naiser
1045 Boyland Rd, #1
Bozeman, MT 59715
(406) 580-7798