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Home My WebLink About01-21-16 Public Comment - J. Dowell - Golden Gate January 18, 2016 City Clerk's Office D Attn: Mayor and City Commission n JAN 20 2016 PO Box 1230 DEPARTMENT OF COMMUNITY DEVELOPMENT 121 North Rouse Avenue Bozeman, MT 59771 RE: Golden Gate Condominiums Site Plan—File number 15531 Mayor and City Commissioners: We are Loyal Garden homeowners and want to express our opposition to the proposed Golden Gate Condo project. The 3.75 acre, R-4 zoned land in Loyal Garden subdivision,when advertized for sale, indicated by the listing agent, Mike Basile,that the 3.75 acres may be able to support 40-60 units based on size and configuration. However,the R-4 zoning within a single family subdivision with a significant number of young children should only be allowed a maximum of 8 units per acre. HEALTH AND SAFETY More than 8 units per acre would put all the young children who live in the neighborhood at great risk. The proposed 84 units would likely bring approximately 168 additional cars to an already congested neighborhood creating very unsafe conditions,especially for the children. It would also create substantial wear and tear on our streets and significant congestion. It's our understanding that NO CURRENT traffic studies were conducted to determine the impact of all these cars on our internal or external streets. To us,this seems unconscionable that our Bozeman governing body would rubber stamp this project!!!! DESIGN According to Article 1, page 3,of The Development Manual, (see attachment#1), the long term goal of Loyal Garden is to create a neighborhood that compliments and enhances the community and the rules and restrictions are intended for the protection and enjoyment of ALL residents of Loyal Garden. The proposed 3-story,84 rental unit condominium project does anything BUT protect and enhance the community. We want to recommend a maximum of 25 units for Golden Gate Condominiums with only 2 stories so that it is consistent with the neighborhood appearance. A design for 25 units would allow garages and guest parking within the complex and would eliminate the on-street parking currently planned. It would cut down on congestion and would decrease the danger risk to the children significantly. Furthermore,according to The Development Manual,Article 3, page 4, (see attachment#2), "In the event there is a conflict between the Covenants or Development Manual and any land use restrictions.the most restrictive provision shall control." There is considerable conflict between The Development Manual,Article 1 and the proposed 84 rental unit condo project!! Article 1 states"each project is to contribute to the long-term goal of creating a neighborhood that compliments and enhances the community and protects the enjoyment of ALL residents of Loyal Garden." We are urging the Mayor and Commissioners to restrict the R-4 Residential High Density zoning to the minimum density of 8 units per acre for the Golden Gate Condominium Project as stated in the city's Uniform Development Code Regards, 1* f ?RTICLE 1 : PURPOSE IN ORDER TO CREATE NEIGHBORHOODS THAT REFLECT, BUT NOT COP`:", CHARACTER AND SCALE OF BOZEMAN'S HISTORIC CORE, THIS DEVELOPM=f" MANUAL ALLOWS FOR A BROAD RANGE OF DESIGN. RATHER THAN DICTATE a—r'ECIFIC DESIGN STYLES, THESE REGULATIONS ARE PROVIDED TO ASSIST sAriC.HITECTS AND OWNERS IN DESIGNING CONTEMPORARY BUILDINGS THAT ARE COMPATIBLE AND HAVE CLEAR ORDER AND COMPREHENSIVE COMPOSITION. THE PURPOSE OF THIS DOCUMENT IS TO PROVIDE A FRAMEWORK FOR DESIGN AND CONSTRUCTION THAT WILL ALLOW EACH PROJECT TO CONTRIBUTE TO THE LONG TERM GOAL OF CREATING A NEIGHBORHOOD THAT COMPLIMENTS AND ENHANCES THE COMMUNITY. THE ARCHITECTURAL AND LANDSCAPE ELEMENTS OF THE SITE DESIGN ARE CONSIDERED TO BE INTEGRAL TO THE OVERALL 13ESIRED NEIGHBORHOOD PATTERNS. THE RULES AND RESTRICTIONS CONTAINED WITHIN THIS DOCUMENT ARE INTENDED FOR THE PROTECTION AND ENJOYMENT OF ALL RESIDENTS OF LOYAL GARDEIV. I DIVERSITY OF ARCHITECTURAL DESIGN IS ENCOURAGED WITHIN THE LOYAL GARDEN NEIGHBORHOOD. EACH PROJECT SHOULD PROMOTE INDIVIDUALITY AND NOT SIMPLY BE A COPY OF ANOTHER BUILDING. THE FACT THAT A PARTICULAR STYLE OF BUILDING ALREADY EXISTS IN LOYAL GARDEN DOES NOT GUARANTEE THAT IT WILL NECESSARILY BE APPROVED FOR CONSTRUCTION AGAIN. THE FORM, ORDER AND MATERIALS COMMON WITH CLASSIC RESIDENTIAL STYLES SUCH AS CRAFTSMAN, PRAIRIE, AND BUNGALOW ALLOW FOR cLEXIBILITY AND MAKE THEM IDEAL MODELS FOR UNIQUE AND COMPATIBLE DESIGN SOLUTIONS. THE STYLES MENTIONED HERE ARE NOT INTENDED TO BE THE SOLE ACCEPTABLE DESIGN STANDARDS; THEY ARE REFERENCED AS POINTS OF DEPARTURE FOR CREATIVE CONTEMPORARY DESIGN AND AS EXAMPLES OF COMPREHENSIVE FORM. ORDER, SCALE, AND DETAIL THAT WITHSTAND TIME AND PASSING TRENDS. EXCEPTIONS TO THIS DEVELOPMENT MANUAL MAY BE GRANTED ONLY ON THE BASIS OF ARCHITECTURAL MERIT AS DETERMINED BY THE LOYAL GARDEN DESIGN REVIEW BOARD (LGDRB) AND OUTLINED IN SECTION 6.4. THE LGDRB IS NOT AUTHORIZED TO GRANT ANY EXCEPTIONS TO THE UNIFIED DEVELOPMENT ORDINANCE. IT IS THE RESPONSIBILITY OF THE PROPERTY OWNER TO ENSURE THAT ALL PROPOSED CONSTRUCTION SHALL COMPLY WITH ALL LAWS, RULES, AND REGULATIONS INCLUDING, BUT NOT LIMITED TO THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE AND THE INTERNATIONAL BUILDING CODE AS WELL AS OTHER APPLICABLE PLUMBING, ELECTRIC, OR BUILDING CODES. THE LOYAL GARDEN COVENANTS (ON FILE AT THE CLERK & RECORDER'S OFFICE) ALSO APPLY TO ALL PROPERTIES WITHIN LOYAL GARDEN. i _*4 ARTICLE 2: PROPERTIES AND PROJECTS SUBJECT TO DEVELOPMEN" MANUA_ -HIS DEVELOPMENT MANUAL SHALL APPLY TO THE ENTIRE SUBDIVISION (AS DESCRIBED IN EXHIBIT A), AND ALL DEVELOPMENT PLACED OR ERECTED THEREON, UNLESS OTHERWISE SPECIFICALLY ACCEPTED HEREIN. THE DEVELOPMENT MANUAL SHALL INURE TO AND PASS WITH EACH AND EVEP. PARCEL. TRACT. LOT OR DIVISION' NO RESIDENCE, FENCE, WALL, GARAGE, OUTBUILDING OR OTHER STRUCTURE SHALL BE MADE. ERECTED, ALTERED OR PERMITTED TO REMAIN UPON THE PROPERTIES UNTIL WRITTEN PLANS AND SPECIFICATIONS SHOWING THE DESIGN, NATURE, KIND, COLOR, DIMENSIONS, SHAPE, ELEVATIONS, MATERIAL., USE AND LOCATION HAVE BEEN SUBMITTED AND APPROVED, IN WRITING, BY THE LGDRB, AS WELL AS APPROPRIATE CITY OF BOZEMAN REVIEW, - PERMITTING AND FEE PAYMENT. ALL PLANS SUBMITTED TO THE CITY OF BOZEMAN PLANNING DEPARTMENT OR BUILDING DIVISION MUST HAVE THE LOYAL GARDEN DESIGN REVIEW BOARD FORM B STAMP OF APPROVAL. ARTICLE 3: RELATIONSHIP TO OTHER DOCUMENTS 3. 1 LOCAL LAND USE REGULATIONS ALL ZONING, LAND USE REGULATIONS AND ALL OTHER LAWS, RULES 8ND REGULATIONS OF ANY GOVERNMENT OR AGENCY UNDER WHOSE JURISDICTION THE LAND LIES ARE CONSIDERED TO BE PART OF THIS DEVELOPMENT MANUAL AND ENFORCEABLE HEREUNDER; AND ALL OF THE OWNERS OF SAID LANDS SHALL BE BOUND BY SUCH LAWS. RULES AND REGULATIONS. THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE (UDO) CAN BE FOUND ONLINE AT WWW.BOZEMAN.NET. IN THE EVENT THERE IS A CONFLICT BETWEEN THE COVENANTS OR DEVELOPMENT MANUAL AND ANY LAND USE REGULATIONS, THE MOST RESTRICTIVE PROVISION SHALL CONTROL, 3.2 COVENANTS ALL PROPERTIES IN THE LOYAL GARDEN SUBDIVISION ARE ALSO SUBJECT TO THE LOYAL GARDEN COVENANTS WHICH ARE ON FILE AT THE CLERK & RECORDER'S OFFICE AND IS ALSO AVAILABLE FOR REFERENCE ONLINE AT WWW.LOYALGARDEN.COM. ARTICLE 4: LOYAL GARDEN DESIGN REVIEW BOARD AN ASSOCIATION IS HEREBY ESTABLISHED KNOWN AS THE "LOYAL GARDEN DESIGN REVIEW BOARD" (LGDRB). 4. 1 FUNCTION THE FUNCTION AND PURPOSE OF THE LGDRB IS TO REVIEW APPLICATIONS. PLANS, SPECIFICATIONS, MATERIALS, AND SAMPLES IN ORDER TO DETERMINE IF A PROPOSED PROJECT CONFORMS TO THE LOYAL GARDEN DEVELOPMENT MANUAL. TO THAT END. NO STRUCTURE SHALL BE ERECTED OR ALTERED UNTIL MUNICIPAL, LGDRB AND ANY OTHER REQUIRED APPROVALS HAVE BEEN OBTAINED AND PROCESSES COMPLETED. d