HomeMy WebLinkAbout10-05-15, Wictor, Legends Public CommentDate: Monday, October 5, 2015 6:00pm City Commission Meeting ~ Public Comment
H. Public Comment, and/or J. Action Item 3
Re: Remove as unnecessary or Revise/Replace Condition of Approval 24 – Legends II Phase III
Dear Honorable Mayor and Bozeman City Commission: Briefly, Legends II Phase III Subdivision was approved in August 2014. Condition of Approval
No. 24 to “install adequate restroom facilities… within Public Park 1” was added by the City Commission after Public Comment was closed, without any opportunity for rebuttal or comment.
The dedication of parkland requirements for Legends II was met for all Phases 1, 2 and 3 in 2007 providing a 5.304 AC park while only 3.72 AC was required—exceeding it by 143%! The
Commission agreed there was also, “substantial open space” and the Parks and Rec. Board
Advisory Committee gave endorsement/approval saying, “the trail…as an excellent amenity.”
Park improvements were made by the developer including everything necessary to level, amend
soil, seed, provide formal underground irrigation, develop the trail, plus install the playground!
Legends II Park is dedicated to public use, but maintained by the Legends II HOA via residents. [If Legends II Phase III had been a wholly separate and independent development, 1.53 acres
would be required for the 51 dwellings planned on the lots platted. Phase1 Lot #1 is 1.219 AC, so Code would allow a developer to meet that requirement using a combination of parkland plus cash-in-lieu (currently being valued at 80 cents per square foot) for the 0.311 acre difference.
Thus Lot #1 with combo of cash-in-lieu for 0.311ac * 43,560 sf/ac * 0.80/sf = $10,873.73. So, if the City permits the revision/replacement of Condition of Approval 24, then they will be deeded Lot #1 plus $50,000 not just the $10,834 as might be required for just Phase III alone. In
that case, Legends II Phase 1 & 2 will have provided 5.304 instead of only 2.19ac being 242%!]
This situation is not a good precedent. The City should not be able to place additional
requirements at the end of a process, nor suggest a development go through full re-review for something that is deemed unnecessary, out of the developer’s control, and without public input.
The restroom requirement was unnecessary and should not have been allowed to be added. If the City does not remove the requirement, then—despite public comment and
HOA concerns—the required bathroom will be built and the City should be the one to maintain it.
A revision/replacement is available offering better benefits. If permitted, the City will be deeded Lot #1 as even more parkland and $50,000 for improvements/amenities. This will provide grant money to be used with public input for Legends II residents, the wider
area, Bozeman citizens, and the public in general. Because of this, the City should also agree to maintain the amenities and contiguous land area with Legends II Public Park 1.
The Trail through Legends II gave a key piece of “Main Street to the Mountains” 8 years ago. Extra parkland and ample open space offer recreation plus additional amenities for the public. And,
the City should maintain what they get; $1 more cost makes Bozeman housing $1 less affordable.
Sincerely,
Mary Rugheimer Wictor & Johan Wictor, Legends II Phase 1 Owners Lot #8 who pay HOA fees