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HomeMy WebLinkAbout08-20-18 Protest - S. Vongehr & G. Lindner - Rainbow Creek Annexation and Zone Map Amendment (2) August 8,2018 Bozeman City Clerk 121 N. Rouse Ave PO Bog 1230 Bozeman, MT 59771-1230 RE: Rainbow Creek Annexation and Zone Map Amendment for the property located at 4555 Baxter Lane which is legally described as S34,T01 S, R05 E,Acres 2.29,TR IN SW COR SW4SW4, Gallatin County,Montana. To:The Bozeman Zoning Commission and the Bozeman City Commission Please accept this letter of protest to the Initial Zone Map Amendment to zone the property located at 4555 Baxter Lane, Bozeman, MT, 59718, hereinafter referred to as "Subject Property', to R5 — Residential Mixed Use High Density. My wife and I own the property at 4600 Danube Ln, BAXTER MEADOWS SUB PH 3A, S34,T01 S, R05 E,BLOCK 15, Lot 7,which is approximately 50 feet north of the Subject Property. Phase 3A of the Baxter Meadows Subdivision, commonly known as Baxter Meadows West,is in the northwest corner and on the edge of the city limits. The Subject Property is contiguous to the City of Bozeman on the north, east, and south side and there is a single family home on county property to the west. The property to the north and east is zoned R1—Residential Single-Household Low Density. The property to the south,which is separated by Baxter Lane, is the future Bozeman Sports Park and High School. Based upon the Future Land Use Map of the Bozeman Community Plan (Growth Policy), which designates the Subject Property as Residential, I believe the most fitting zoning for the Subject Property is R1- Residential Single- Household Low Density which is in conformance with the Growth Policy, current development pattern of the area,and the established sense of place of the area. To zone the Subject Property R5—Residential Mixed Use High Density would be to err in a number of ways. Section 3.4 of the Bozeman Community Plan states, "...High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. to utilized the Bozeman Sports Park and the future high school. To zone the Subject Property anything more dense than R1 —Residential Single-Household Low Density, and thus creating more daily vehicle traffic on Baxter Lane, would cause unnecessary risk to those utilizing the park or commuting to the high school during already busy vehicle commute times. The Baxter Meadows West Subdivision,which is contiguous to the Subject Property on the north and east sides,has been classified by the city to allow for Type-1 only Short Term Rentals (STR). Per the UDC a Type-1 STR is, "A short term rental of one or more bedrooms in an owner-occupied dwelling while the owner is occupying the same dwelling unit for the entire renta►period." The UDC states, "The purpose of this article is to provide for the regulation of short term rentals in certain zoning districts within the city in order to preserve neighborhood character while encouraging economic activity and diversity, and to promote public health, safety, and welfare." To zone the subject property anything other than R1 —Residential Single-Household Low Density and have it classified as anything other than a Type-1 only STR would effectively degrade the neighborhood character of the established Baxter Meadows West Subdivision. In reviewing the STR map for the City of Bozeman there does not appear to be any Type-1 only STR classifications where the zoning is R1—Residential Single-Household Low Density,and a small land section,like the Subject Property,has been allowed. Again,to zone the subject property anything other than R1 —Residential Single-Household Low Density and have it classified as anything other than a Type-1 only STR would be in conflict with the existing planning throughout the City of Bozeman. We chose to build a house and raise children in the Baxter Meadows West Subdivision because of the established R1 —Residential Single-Household Low Density zoning which directly lends itself to the quality and residential character of the neighborhood. The neighborhood is filled with families who care about the property they own and those around them. Zoning the Subject Property R-1 is the only way to respect the residential character and quality of the area in congruence with Bozeman's UDC. We respectfully request you deny the Rainbow Creek Annexation and Zone Map Amendment for the property located at 4555 Baxter Lane,as R 5 Residential Mixed Use High Density and consider zoning it as R1—Residential Single-Household Low Density. Scott Vongehr 4Green Lindner