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HomeMy WebLinkAbout02-13-16 Public Comment - H. Gard - Golden Gate 02/13/2016 City Clerk's Office Suite 201, City Hall P.O. Box 1230 121 N Rouse Avenue Bozeman, MT 59771 Re: Loyal Garden Subdivision Dear Commissioners: There are multiple issues affecting the Golden Gate project, and they are not issues of a developer "making money", nor of poorly contemplated city codes and zoning determinations. Mr. Jesse Chase is an upstanding member of this community and has significantly contributed to the economic well-being of many that live here, in addition to providing much needed housing. Furthermore, the Golden Gates Condominium project was and is in compliance with R4 zoning regulations as outlined in the UDO, including densities. The project aligns with the intent of R4 zoning, as well as being compatible with the adjacent residential land uses. It follows all codes established by The City of Bozeman and requires no variances. This project was well on its way to approval in the second week of planning and had support of all City Planning staff. Mr. Chase purchased this property in good faith with all of the above established and after thorough due diligence. When The City of Bozeman approved the Loyal Garden's subdivision plat including this particular R4 lot, they were inviting a developer to create alternative forms of housing harmonizing with the City's vision to reduce sprawl and create affordable housing. It is deeply unfortunate that those who purchased property in the Loyal Gardens subdivision and particularly along the border of the R4 property were uninformed or misinformed about all the possibilities of its' future development. Their fear of losing value in their homes (which for some is one of their largest investments) does not go without deep regard. Unfortunately, these factors have no bearing on the legal rights of Mr. Chase to develop this land, nor his moral character for doing so. When the project entered Design Review, perhaps 20 Loyal Garden residents used the meeting as a venue to collectively communicate their grievances about the mass and density of the units. At least two Commissioners were present during that meeting. The residents were heard. Upon recommendation of the Design Review Board, Mr. Chase voluntarily reduced the mass of the buildings, altered the design of the units that border the existing neighborhood, and reduced the density of total units by close to 20%. The density that remains merely makes the project viable. In addition, Mr. Jesse Chase and Mr. Jesse Sobrepena, the architect of record, reached out to homeowner association representatives to establish a collaborative working relationship. A meeting ensued with a positive outcome. The densities determined by R4 zoning, 8 to 33 units per acre, are legally determined by the individual willing to risk purchasing and developing the property. The only legal component in regard to R4 zoning densities is that you may not develop less than 8 units per acre or over 33. The particular tastes of those surrounding the development do not determine the density; however, this was taken into consideration with other impacts such as parking. The design and layout of the buildings presented for this project were thoughtful. It seems somewhat short sighted to conclude that they will destroy property values. It is prudent to conclude that individuals who willingly purchased lots bordering the R4 lot(at assumed lower cost), will potentially have their properties become less desirable when a larger structure is put in place. It is true that their views will be diminished and traffic will increase. This is no different than many situations all over Bozeman. There is currently a 937-unit apartment building, The Larkspur Commons, being constructed off of Oak (with a 20% parking reduction variance approved) backing up to single family homes. The Larkspur densities are at 31 units per acre while Golden Gate is now proposing a mere 19.6 units per acre, and has not requested any form of affordable housing subsidization, contrary to the $200,000 that The Larkspur development received. If residents of this new development wish to head south, they more than likely will access 15t" on streets that route them through single family homes. This approved project(among others) illustrates that The City sees R4 density as being compatible with single family homes. Mr. Chase and Mr. Sobrepena spent many hours at the Golden Gate Condominium site considering the project. They drove the streets and sat in the neighborhood. There is a very small portion to the North of Loyal Gardens that will be directly affected along Golden Gate Avenue and Advance Drive, approximately two to three city blocks. It seems more than likely most Golden Gate residents will access Huffine via Golden Gate Avenue. There are planned pathways from the interior of the project providing direct access to a planned bus stop on Huffine accessing the Streamline Bus System. It is their hope this will mitigate traffic. While they have respect for residents' fears about what may manifest, their professional experience with such projects in this region find their concerns to be elevated. The impact of the unit density upon traffic presumably has been determined viable or the R4 zoning would not have been approved. The placement of this R4 lot along Huffine (a well-developed high capacity road system)was conscious. It is clear the urbanization of this region was planned. It is hoped that everyone can keep an open mind, and that residents in Loyal Gardens can work with the new neighbors that may come their way. Perhaps, everyone can be surprised by the community that may evolve within their subdivision? Cliche or not, what stands before the commission is an issue of legal property rights and of trust in the planning and zoning established and approved by the municipal powers that be. It is an issue of an individual taking great financial risk based upon the established legal parameters surrounding this property. Also at issue is the trust in what some of the residents were allegedly told about the future of this property. Frankly, this appears to be the fundamental issue at hand. The legal grounds that prompted this project to be reclaimed by The City Commission are perplexing. If the"Not In My Backyard" argument is the measure by which these types of issues are determined, we should be troubled. Denying Mr. Chase's right develop his property as zoned due to Loyal Garden residents possibly being misinformed is not the way to remedy this situation. Two potential wrongs don't make a right. Respectfully, Heather Gard ***Disclaimer: I have a direct relationship to those involved in the development of this property. I humbly acknowledge my bias and empathy for those in Loyal Gardens. I was born and raised in Bozeman. My family has spent many years eking out a living in this amazing community. Personally, I understand the irony that the development that frightens many also enables many to call Bozeman home. It is my hope that with conscious and inclusive development Bozeman will continue to thrive economically while preserving what makes it so special.