HomeMy WebLinkAbout04-08-24 Public Comment - E. Talago - Guthrie ReviewFrom:Emily Talago
To:Bozeman Public Comment
Cc:Noah Ten Broek
Subject:[EXTERNAL]Guthrie Review
Date:Sunday, April 7, 2024 6:19:30 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.
On April 1st, 2024, I submitted an email citing examples of why I believe this project shouldnot have been considered "adequate" for moving into the public comment phase. Bozeman
code 38.220.010 states that The application must be accompanied by the appropriate fee and
development plans showing sufficient information for the approval authority to determine
whether the proposed development will meet the development requirements of the city. The previously identified inconsistencies in application materials equate to an insufficientprovision of information.
The traffic impact study and associated addendum provided by the applicant fails to meet therequirements of code 38.220.060. A. 11. Streets, Roads, and Alleys that This sectiondescribes the required components of the traffic study. The study failed to identify N 6th as anexisting street, failed to study all required intersections within a half mile of the development,and failed to identify Whittier school and its associated safety sensitivities.
This application requires a design review (38.230.010 C). As per 38.230.040, identifyingthresholds for review by the Design Review Board, having 45 or more dwelling units, thisproject must be reviewed by the DRB. The project location within the NCOD boundaries alsorequires this.
The commission dialog in Aug of 2022 surrounding adoption of the affordable housingordinance made clear that developments with both income restricted and market rate productsshould be indistinguishable in their material construction and in the lived experience of theresidents- ie. access to equivalent amenities. This was captured in 38.380.040 A.2.c.Development standards for affordable homes. Additional fee-based parking, of which thereis not equal supply assigned to all units; ground floor market rate units having private patiosand the bulk square footage of lounge amenities, preferential viewscape and unit layout,constitute a violation of these standards.
38.110.010 Identifies additional adopted plans, standards, and resolutions- notably A.Guidelines for historic preservation and neighborhood conservation
Finally, I wish to highlight the following code text that ensures reviewing authorities have theability to act in the protective interests of public safety and well-being:Article 1 of Chapter 38:38. 100. 050. Interpretation as minimum requirements.A.. In their interpretation application, the provisions of this chapter are minimumrequirements adopted for the promotion of the health safety in general welfare of thecommunity. In some instances, the public interest will be best served when such minimumsare exceeded. Wherever the requirements of this chapter are at variance with the requirementsof any other lawfully, adopted rules of regulations, or wherever there is an internal conflictwithin this chapter, the most restrictive requirements, or those imposing the higherstandards, will govern.
Article 2. of Chapter 38: Permits, legislative, actions, and procedures.J. The city commission, or its designated representatives may require the applicant to designthe proposed development to reasonably minimize potentially significant adverse impacts,identified through the review required by these regulations. The city commission or designatedrepresentatives, may not unreasonably restrict a landowners ability to develop land, but it isrecognized that in some instances, the unmitigated impacts of a proposed development maybe unacceptable, and will preclude approval of the development as submitted. Recognizingthat the standards of this chapter are minimum requirements, and the public health, safety andgeneral welfare may be best served by exceeding those minimums, the city commission, orcommunity development Director may require as a condition of approval, mitigationexceeding the minimums of this chapter.
Thank you for allowing the public to bring attention to these issues identified in the projectapplication file.-Emily Talago
Virus-free.www.avg.com