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HomeMy WebLinkAbout17- Protest - J. & P. Tyler - Peterson Zone Map Amendment (3221 Baxter Lane), Application 17433 • October 10th, 2017 Zoning Commission, City of Bozeman Bozeman City Commission c% City Clerk 121 North Rouse Ave Bozeman, MT 59771-1230 Commission Members: We are writing to support a continuance of any formal action by the Zoning Commission regarding the parcel known as the Peterson Annexation/ZMA and to protest the rezoning of the 5 acre parcel as B-2. We ask that you consider the following: 1. Timing of this proposed action: As stated in the City notice, the City does have the option of NOT acting on the rezoning of this property at this time. Even the casual observer can see that virtually ALL of the closest residents who will be impacted by the zoning of this parcel can not have their opinions considered because they do not yet meet the property owner qualification required by the City for an acceptable protest. Moreover, the City's limited notification process (the 150' Rule) is often overcome because neighbors can keep one another informed. Yet this neighborhood has only begun to be formed. Almost without exception, all the adjacent residential lots in West Winds 7&8 are owned by investors and builders at this time. Many homes are under construction, undeveloped lots are being sold, and completed homes are being marketed by realtors. For example, we hold a sales agreement with a local builder for a property two houses away from the parcel (1875 Spring View Ct.; sales agreement attached) but can not close on the home until it is completed in early December. This neighborhood will soon take shape, but many future residents of this community are not yet identified or as far along in the occupancy process as we are. Especially in light of the many claims by Community Development that they seek broader public input on their actions, it's tone deaf timing to think this is the appropriate time to seek public comment given the property ownership requirements imposed by Community Development and the emerging presence of the community across the street from this parcel. 2. 13-2 Zoning: One of the lagging aspects of the City's zoning strategy is the failure of commercial interests to occupy and create a low-impact and compatible business presence within and near by residential neighborhoods of our city. The City's intent - to encourage walking access to neighborhood merchants by nearby residents - is a desirable goal. But what already exists adjacent to the `Peterson parcel'? First, there exists a very large and still relatively dormant B-2 zoned area, immediately adjacent to the Peterson parcel that already offers this kind of low-impact development. It is by far the largest B-2 zoned area in the northwest part of the City. And of course there is a second, much larger B-2 development to the east, along 19th St. both north and south of Baxter Lane. So areas that can offer the kind of mixed, residential-commercial neighborhoods sought by the City already exist in this area. By contrast, consider the number of residential lots currently available for development within the City. Reviewing the City's routinely generated list of available residential lots demonstrates the limited supply of affordable residential lots. If affordable housing is one of the city's critical issues and the West Winds/Crossings area can be developed at competitive cost - as is the case today - isn't the Peterson parcel more appropriately used for R-3 zoned residential use? Tacking on a small B-2 parcel, across the street from a large, available B-2 land area can't be the best use of city land. R pec Ily submi e 9 Jack & Patricia Tyler 1875 Spring View Ct. (as of 12/8/2017) 1006 Twin Lakes Ave. (currently) Bozeman, MT 59718 727 772 3002 jack Patricia@yahoo.com Authentisign to:g9F3ED39-374E-4E69-8E3E-D-n6399A4455 BUY - SELL AGREEMENT (Residential) 1.�( (Including Earnest Money Receipt) REhLTOR'- C.itannalY The use of this form is for REALTORO members only(members of the Montana Association of REALTORS@))and cannot be used by any other party for any purpose. Use of these forms by other parties may result in legal action by the Montana Association of REALTORS& 1 This Agreement stipulates the terms of sale of this property.Read carefully before signing. 2 This is a legally binding contract. If not understood,seek competent advice. 3 Date: 02/20/2017 4 Jack Stephen Tyler And Patricia Lynne Tyler 5 as ®joint tenants with rights of a survivorship, ❑tenants in common, ❑single in his/her own right, 6 ❑Other (hereinafter called "Buyer")agrees to purchase, and the 7 Seller agrees to sell the following described real property (hereinafter referred to as "Property") commonly known 8 aS TBD TBD by Title Company once Final Plat is recorded 9 10 in the City of Bozeman County of Gallatin 11 Montana, legally described as: 12 Residence located at lot 2 block 1 phase 8 of West Winds subdivision 13 14 15 TOGETHER with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other 16 appurtenances thereto, and all improvements thereon. All existing permanently installed fixtures and fittings that are 17 attached to the Property are included in the purchase price and transfer to the Buyer. Certain fixtures and fittings are 18 included in the purchase price and transfer to the Buyer regardless of whether they are in fact permanently installed and 19 attached to the Property. These fixtures and fittings are electrical, plumbing and heating fixtures, wood, pellet, or gas 20 stoves, built-in appliances, screens, storm doors, storm windows, curtain rods and hardware, attached floor 21 coverings, television antennas, satellite dish, hot tub, air cooler or conditioner, garage door openers and controls, 22 fireplace inserts, mailbox, storage sheds, trees and shrubs and perennials attached to the Property, attached buildings or 23 structures, unless otherwise excluded below: 24 -- 25 26 27 28 PERSONAL PROPERTY: The following items of personal property, free of liens and without warranty of condition, 29 are included and shall be transferred by bill of sale: 30 Range, Refrigerator, Dishwasher, Microwave ](food, Disposal 31 32 33 34 LEASED/RENTED PERSONAL PROPERTY: The following personal property is leased/rented: ❑water softener 35❑water conditioner ❑propane tank ❑satellite dish ❑satellite control ❑alarm system ❑other -- 36 -- 37 Buyer is responsible for making arrangements concerning Buyer's right to lease/rent said items and Seller makes no 38 representations or warranties concerning the transferability of said items or the assignment of any agreements relating 39 to the lease/rental of said items. 40 41 PURCHASE PRICE AND TERMS: 42 Total purchase price is Three Hundred Fifty Thousand U.S. Dollars 43 (S 350,000.00 )payable as follows: g 1,000.00 earnest money to be applied at closing. 45 S as additional cash payment, payable on or before closing. 46 S 349,000.00 balance of the purchase price will be financed as follows: 47 ❑Conventional ❑MBOH ❑Seller Financing 48 ❑ FHA ❑USDA-RD ❑Assumption of Existing Loans 49 ❑VA ❑Other Institutional Financing 50 Cash + Financing (consumer loan) 51 ©2016 Montana Association of REALTORS@ Buy-Sell Agreement Residential,February 2016 Page 1 of 10 Buyers Initials Seller's Initials l� b l� This form presented by Meredith Kresge I Keller Yill Montana Realty I (406) 579-9909 maredithkresge@gmail.com 424 EteA�6 SHIP CO i ATi �: ",,a Parties to this Agreement confirm that the real estate licensees identified 425 hereafter have beep r ' :r cacacties indicated below and the parties have previously received the required 426 statutory disclosures J re^sees duties and the limits of their obligations to each party: 427 feller Of -_ 423 (name of licensee': (name of Brokerage company) 429 _ 430 - -- -- - -- 431 (licensee's Mc (brokerage company address) 432 _- 433 (licensee ern= a -v - (brokerage company phone number) 434 435 (licensee 436 is acting as _ w _ W _Sa`esrprerson ED Dual Agent/Salesperson 0 Statutory Broker. 437 438 elves_ of 439 (nas - (name of Brokerage company) 440 441 _ -- -- -- 442 r s _ - u -a -. (brokerage company address) 44.E -- 44 _uv _ W (brokerage company phone number) 445 - 46, _ 447 S V a - Sv; r. rson ❑Dual Agent/Salesperson ❑Statutory Broker - r, t,Sa,esre n (includes Seller's Sub-Agent or Salesperson). - B' `E S �C O DG E T= . -er acknowledges that prior verbal representations by the Seller or Seller's u,.r aFevt this Agreement. Buyer acknowledges that by signing this Agreement _e e -e rt real ardd personal Property; has entered into this Agreement in full reliance upon -> s za:7-- and udgrnents: and has read and understood this entire Agreement. nn BUY � �:. T; "'e a -ee to purchase the above-described Property on the terms and conditions set I - _ v d Salesperson until (date) 02/10/2017 at S:Oo Elam ® pm acceptance, whether or not that deadline falls on a Saturday, Sunday or , -a-,;t-';s o5er at are/time prior to Buyer being notified of Seller's written acceptance. If Seiler -_ � �. ed this offer is automatically withdrawn. -- a „ . . rsac.ion contemplated by this document may be conducted by electronic - , - 'ulr?orm Electronic Transaction Act. _ - X= ,BEY ACKNOUWLEDGE . _ .t of a copy of this Agreement bearing my/our signature(s). a akes Ave city Bozeman Zip C de 59718 Ja See hez� Eyler And Patricia Lynne Tyler - at ❑am ❑ pm (Mountain Time). - y (Buyer's Signature) 2 c -cn;ana Association of REALTORS@ Page 9 of 10 ,ent Residential,February 2016 z`� = y�resi.th Kresge ( Keller wiiiiams Yontana Realty 1 (406) 574-4309 1