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HomeMy WebLinkAbout08-30-24 Public Comment - B. Skwarchuk - public comments Application 22389 Gran Cielo Ph2From:Mark S. To:Bozeman Public Comment Subject:[EXTERNAL]public comments Application 22389 Gran Cielo Ph2 Date:Thursday, August 29, 2024 12:40:35 PM Attachments:Comments 22389 Gran Cielo.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. Hello, we are Gran Cielo Ph1 neighbors located just next to the 200 ft notification zone, but we respectfully submit the attached comments for consideration regarding Gran Cielo Ph2. Best wishes, Mark and Patricia Skwarchuk 2818 S 29th Avenue Bozeman, MT 59718 1 Mark and Patricia Skwarchuk 2818 S. 29th Ave. Bozeman, MT 59718 August 29, 2024 To the City of Bozeman Department of Community Development, We have the following comments and concerns regarding development application 22389 (Gran Cielo, Phase 2): a. Application Document 014-Parking Calculations Calculation of the total minimum number of required parking spaces by the Developers is 245 with 215 included to-be-built on site as standard stalls, and 46 included as existing street parking on current residential streets (parking not allowed on S 27th Avenue). This calculation is based on the mix of one- to three-bedroom units as part of the development plan and using a formula that I assume conforms to the City guidelines for the type of zoning, but I ask that the City please confirm that the correct formula was used in the calculation. It is also our understanding that each bedroom in the development could house up to two adults, each with a vehicle, although this represents a possible extreme. The total number of apartments in the development is 158 containing a total of 268 bedrooms with the possibility of up to 536 vehicles, much higher than the calculation. This would require up to 321 off-site parking spots, in addition to the 215 on-site stalls, when only 46 off-site spots are available. The extra 275 off-site parking spots would presumably exist on surrounding streets in front of existing single and multi- family homes on S 28th and S 29th Avenues. Bozeman is in a housing crisis, and it is not uncommon for apartments to be maximally occupied to reduce costs per resident. This may represent an extreme situation, but it is a potential one. This would negatively impact the existing surrounding neighborhood especially since no parking will be allowed on South 27th Avenue requiring that all off-site parking will occur on residential streets. Gran Cielo Covenants (First Amendment recorded 12/12/2020 and Second Amendment dated 6/29/2022) do not allow for on street parking: 8.22 Parking. Members, Licensees, Invitees, and members of the general public shall not park vehicles on the Roadway or along any road within the Property, except in an area specifically designated for parking… The proposed development should be modified to provide at least all 245 parking stalls, per formula, on site and to have a plan presented to residents and the City for parking up to 536 vehicles. Alternatively, the development should be reduced in the number of apartment units to allow it to conform to the planned number of 215 on-site parking stalls. This could be accomplished by reducing all buildings from four to three levels. 2 The Developer (Bozeman Haus, LLC/CP Manage, LLC/Cadius Partners, Ltd., ie the “Declarant”) may unilaterally and arbitrarily amend the covenants to conform to their goals since they are the sole controlling entity during the Declarant Control Period (see Second Amended Declaration of Covenants). The Declarant Control Period will not terminate until at least 75% of residential units have been conveyed or sold. They could simply change the covenants to their favor to allow for on-street parking, and would then be subject to current City of Bozeman parking restrictions. Or they could create a separate HOA and set of bylaws and covenants for Phase 2 of the development. The Developer, and current sole Controlling interest of the Gran Cielo Home Owners Association, has been asked on more than one occasion by myself regarding the timeframe for meeting the 75% conveyance and how many units and phases of development will be considered in this determination. They have not responded definitively to my requests for clarification but Phase 1 has not reached the 75% threshold. The Developer is proposing several future phases to the Gran Cielo neighborhood, including Phase 2 under consideration, but also future phases south of Graf and west of S 27th Avenue. These more recently proposed and approved phases will add several hundred new units to the Gran Cielo project and could push the Declarant Control Period indefinitely many years into the future. The home owners of Phase 1, Gran Cielo, deserve to be an independent HOA and self-determine and enforce their covenants. This should be declared prior to commencement of Phase 2 under current consideration and I ask the City to require this of the declarant. b. Storm water runoff detention ponds What is the plan for completion and landscaping of existing and future detention ponds? The existing detention pond located at Bennett and S 29th Avenue has had recent work performed, but work has ceased and is not complete. This should be immediately completed before further phase development begins. Currently the construction storage field that will be developed during Phase 2 provides much stormwater absorption that will no longer exist after development but presumably will be mitigated by existing city storm sewer infrastructure and a new detention pond at Apex and S 29th Avenue. It is our request that a plan and timeframe for landscaping this second detention pond be presented and enforced since it took the Developer two years to do meaningful work on the existing detention pond at Bennett and S 29th during the time that all units on that block were sold and occupied, rather than prior. c. Lt hand turn lane onto S 27th Avenue/Goldeneye Dr from Stucky - needs to be completed prior to further development at north end of Gran Cielo: We have strong concerns for the safety of vehicle passengers turning South onto S 27th Ave/Goldeneye Dr from westbound Stucky. We have occupied our home for almost two years and rely on Stucky as a main arterial route to access the community. We are not alone. Traffic in both east- and west-bound directions is brisk as it serves as an 3 alternative arterial route to Huffine to the north for travel to the community, schools, work and university. Increasing development west of Bozeman has increased traffic along Stucky and this is most notable at the morning and afternoon commute periods but is steady throughout the day. Stucky is a rural two lane road with no shoulders, deep ditches, and is entirely inadequate for current and future growth. It represents a safety hazard at all times of year. A traffic study was commissioned by the Developers and performed 8/15/2023 regarding the adequacy and safety of that intersection and the possible need of a westbound left turn lane onto S 27th Ave/Goldeneye Dr. The report concluded that a left turn lane was not warranted at this time but should be considered before 2033, ten years from the date of the study. The study is limited in that it was performed on a date of lower traffic volumes prior to the return to regular work, school and university schedules during the summer vacation period. Anecdotally, traffic is noticeably much higher and parking lots more occupied, at dates even a week or two later than the study date when there is greater use of all roadways. Additionally, many more units at Gran Cielo have been completed and sold, and further development continues in the immediate region west of the intersection along Fowler, as well as locations further west that rely on Stucky as an east/west arterial route. The city should address the need of a left turn lane, in addition to the widening of Stucky, in a timeframe much sooner than 10 years. The need for the left turn lane is immediate and we should not be waiting for a possible but inevitable minor or catastrophic accident to predictably occur. The additional 158 units/268 bedrooms is in addition to the current and planned 174 number of home units in Phase 1 of Gran Cielo and will close to double the traffic once complete. As well, the recently approved phases of Gran Cielo to the southwest of Graf and 27th Avenue will likely further double the traffic using that intersection. d. Character of Ph2 structures/cohesion with surrounding community All other condominiums in Gran Cielo are two or three levels. The same is true of apartments and condos in the surrounding neighborhoods along and behind Enterprise. The four level proposed apartments with piqued roofs are essentially a five story high structure in a neighborhood of two to three story structures. Surrounding neighborhoods along Graf and Enterprise are only two to three levels and the Developer should reduce the design to conform to the surrounding neighborhood. e. Storage of construction materials currently on city streets The Developer is currently storing construction materials on city streets within the Gran Cielo development. The materials include dozens of palleted components for siding, flooring and lumber. As well, there is a large placement of rocks on the city street at the intersection of Bennett and S 28th Ave with traffic cones. This practice should cease and the City should demand the Developer remove all construction materials from city streets and relocate to off-street property. I ask the City to examine its own bylaws to determine if this is indeed legal or acceptable practice within the Bozeman City limits. There are also many container storage units scattered throughout the development at 4 several locations. These are not attractive for a developing community and the Developer should consolidate these into one location furthest from occupied housing and not on City streets. Storage of materials on city streets is not observed in other neighboring developments, for example apartments along Graf. The Developers need to remove all materials from roadways. As well, many trailers, trucks and equipment have been parking on City streets for many weeks or months along Bennett west of S 29th Ave and along S 31st Ave. Many of these have not moved in several months. Could the City please enforce its street parking bylaws and notify owners to remove. The Developer should be reminded by the City to not continue this practice by itself or its subcontractors. Thank you for your serious consideration of our concerns, Mark and Patricia Skwarchuk Gran Cielo Homeowners