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Home My WebLink About09-03-24 Public Comment - P. Lopez - Application 22389 Public CommentFrom:PEARL LOPEZ To:Bozeman Public Comment Subject:Re: [EXTERNAL]Application 22389 Public Comment Date:Tuesday, September 3, 2024 8:59:21 AM 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. Thank you for confirming. Hope you have a great day and a good week! All the best,Pearl On Sep 3, 2024, at 8:00 AM, Bozeman Public Comment <comments@bozeman.net> wrote: Good morning, Your comment has been received and will be distributed for review. Thank you, Mike Maas, MPA City of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715 406.582.2321 Pronouns: he/him/his Have Questions? Ask BZN <image001.jpg> From: Pearl Lopez <pearl.lopez@me.com> Sent: Saturday, August 31, 2024 6:11 PM To: Bozeman Public Comment <comments@BOZEMAN.NET> Subject: [EXTERNAL]Application 22389 Public Comment 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. Attached please find my written protest for application 22389 Gran Cielo Block 14 MSP Subdivision Phase 2. The revised public comment period closes on Sept 4, 2024. Please confirm receipt of this email and access to the attachment. Thank you. Regards, Pearl Lopez Email: pearl.lopez@me.com City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. CIty of Bozeman Community Development Board Re:Application 22389,Gran Cielo Block 14 Master Site Plan (including application 22391,Phase 1)Subdivision Phase 2 Dear Members of the Bozeman Community Development Board, I am writing in opposition to application 22389,Gran Cielo Block 14 Master Site Plan Subdivision Phase 2 (including application 22391,Phase 1 currently under review).We are owners and year-round residents in Gran Cielo at 3057 S 31st Avenue.We have significant concern over the plans provided in application 22389 and strongly urge the CD Board to not approve this application. The applicant,developer Bozeman Haus LLC,surreptitiously applied for zoning changes under many false pretenses,which I’ve detailed below.Further,the initial application was approved by the Board even though not all property owners within the 200-feet of the subject property received adequate notice nor were comments provided during the initial comment period included in the application review.This is not the first time that this applicant has failed to follow General Procedures for providing adequate notice.The public wasn’t given access to necessary application materials during the developer’s application 22090,Gran Cielo II Annexation resulting in a re-issuing of the public hearing notice and a re-scheduling of the public hearing. For the CD Board to simply rubber-stamp your approval despite the application not adequately meeting the various municipal codes and standards is disheartening and shows a lack of regard for the type of neighborhoods being developed.In your roles as public servants,it’s disappointing that the last thing you seem to consider is the actual public and the legacy you are leaving. Below are areas of concern with the application: Zoning requirement violation It is shocking that the CD Board approved the development plan set forth by this developer as meeting the R-5 zoning code (as indicated by the Staff Report of 4/5/2023).As a reminder,the R-5 zoning code designates a “Residential MIXED-USED High Density District”with “the purpose of this zoning code is to support a high-density residential development in a walkable area with a variety of housing types and commercial uses.”The intent is to have residentially supportive commercial businesses,in a compact and walkable area,to serve the varying needs of the community’s residents.(per current Bozeman Unified Development Development Code) All plans provided by the developer show high-density units but have no commercial or mixed-used options in their plans.Either the current application needs to be revised to a zoning code that matches the developer’s plans or the plans need to be revised to meet the R-5 zoning code. Housing Affordability The justification for new and higher density development is often based on alleviating a housing shortage.To the extent that there is a housing shortage,it is on a regional and even national basis.The addition of housing will likely draw more out-of-state residents into Bozeman rather than solve the needs of existing residents.Alleviating housing shortage,while seemingly virtuous,is often self-serving by the developer and can easily exacerbate problems as well as demand on local resources.The applicant has indicated “No”on their application regarding Affordable Housing.Furthermore,the developer has consistently listed and sold their homes well above the median sale price of a home in Bozeman.A big initiative in both the Bozeman 2020 Community Plan and the updated Community Housing Action Plan (CHAP)specifically focuses on a variety of housing in type,size and cost “at prices that residents can afford.”(4)The hope is that the developer plans to consider the residents of Bozeman and their income in their development plans,rather than creating more housing beyond affordability for the Bozeman resident.However,the Board should require that affordable housing is provided in the development plans. Precedent with surrounding community The developer has promoted the plans for this site as “stacked condominiums”to the current residents of Gran Cielo and during the last HOA meeting stated “there are some plans for stacked condominiums but there is nothing more than basic concepts.”(see meeting minutes drafted by Urban Nook,11/8/2023).Stacked condominiums is a misnomer and is a duplicitous term used deliberately by the developer to mislead the current residents of Gran Cielo.An example of stacked condominiums would be the Southbridge Condos,located on Southbridge Dr and 19th Ave,multi-unit residential buildings where units are vertically stacked,typically in a two or three-story structure (see image below).There isn’t a lobby or common area…instead they have their own front door.Further,the developer had site plan submittals drawn and issued by the architect on 10/25/23, uploaded their initial Development Review Application on 11/6/23,two days before the HOA meeting.All of which show a greater understanding of their development plan beyond “basic concepts.”This shows a deliberate intention to mislead current Gran Cielo residents in an effort to quietly and quickly get their application reviewed and approved. The plans provided,and the CD Board,recognizes the application to be for apartment buildings.When looking at the precedent set in the surrounding community by looking at neighborhood comparables,the plans set forth by the developer don’t align with existing community standards. All adjacent communities are zoned as R-3 or R-4 in varying sites of 20 -40+acres.This would be the only R-5 zoning on a site plan that’s only 6.69 acres.The current plan of 158-units in (4)high-density complexes,each standing 4 stories high,with only outdoor,off-street parking is still a stark contrast to the other nearby,similar high-density developments: ●Penrose Apartments,60-units,3 stories,garage parking,2.33 acres ●Nexus Point,240-units,3 stories,carport parking,20 acres Even the design of 19th &Graf Apartment Homes,which has 460-units and only outdoor,off-street parking lots, is capped at 3 stories and is built over 38.4 acres.You’d be hard-pressed to find a 4-story residential development,in such a limited building site,within the immediate vicinity of the planned development. The resident amenities planned meet the very minimum requirements,don’t provide weather protection for residents’cars,and are not comparable to nearby high-density similar developments,which only underscores the developer’s disinterest in considering the quality-of-life for future residents. Applicant’s Traffic Study and Coordination of Infrastructure The applicant’s traffic study done by Marvin &Associates is annualized based on 2023 findings and is misleading and designed to manipulate.The traffic study provided with the application was conducted in August 2023 and states the existing roads and intersections are sufficient and “auxiliary turn lanes are not currently warranted at the intersection of Stucky Road and S 27th Avenue.”They offer future recommendations within the next 10 years,but offer no immediate recommendations to manage the access for a high-density development. They provided this study in response to “The City of Bozeman staff has required that a westbound left-turn lane be constructed on Stucky Road at its intersection with S 27th Avenue to mitigate development traffic impacts associated with Gran Cielo Subdivision.” Stucky is a 2-lane road with lateral ditches along each side.The intersection of S 27th (aka Goldeneye Drive) and Stucky currently has no traffic signs or lights.At a minimum,adding some type of traffic sign or light should have been suggested.Ultimately,the planned development,and the existing Gran Cielo subdivision,will have extremely limited access into and out-of their development,leaving this neighborhood cut-off. There also exists USPS mailboxes on Stucky for adjacent residences along Stucky.No consideration has been expressed in the applicant’s traffic study or by the developer to provide access to those mailboxes since no changes to Stucky are recommended currently.Impeding access to US mail violates multiple federal laws,and the addition of residents in a high-density development will surely impact access to these mailboxes. The traffic study did not consider inclement weather,such as snow,which Bozeman experiences November to March,typically.The plowing of roads often reduces the clearance of lanes,in what is already a small,2-lane road.There was no recommendation to widen the road and no acknowledgement of the existing ditches. The CD Board should question the validity of this study when Bozeman staff at one point expressed that a westbound left-turn lane be required and this study was done to dispute that requirement.The Board should consider whether Stucky Road can handle the additional traffic that a high-density development will bring,as well as the quality-of-life being offered to the development’s residents.To continue to green-light development without considering the supporting infrastructure is myopic. Thank you for allowing me to provide public comment and for taking my concerns into consideration. Sincerely, Pearl Lopez 3057 S.31st Ave Bozeman,MT 59718