HomeMy WebLinkAbout08-20-17 Protest - W. & G. Pritham - Rainbow Creek Annexation and Zone Map AmendmentFrom:Danielle Garber
To:Agenda
Subject:FW: letter of protest against Rainbow Ranch Annexation
Date:Monday, August 20, 2018 2:29:21 PM
See below.
Danielle Garber | Assistant Planner, Community Development
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771
P: 406.582.2272 | E: dgarber@bozeman.net | W: www.bozeman.net
On January 4, 2018 the City Commission finally approved changes to Chapter 38 of the Bozeman
Municipal Code. The changes were effective as of March 31, 2018.
From: Whitney Pritham <whitneypritham@gmail.com>
Sent: Monday, August 20, 2018 2:25 PM
To: Danielle Garber <DGarber@BOZEMAN.NET>
Subject: letter of protest against Rainbow Ranch Annexation
August 20, 2018
Bozeman City Clerk
121 N. Rouse Ave
PO Box 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 husband and I own the property at 4687 Baxter
Ln, which is adjacent to the Subject Property.
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. Implementation of this category by residential zoning should provide
for and coordinate intensive residential uses in proximity to commercial centers…” The
closest commercial centers to the Subject Property, which would align with the Bozeman
Community Plan, are located along N. 19th Ave and are over a mile and a half away. This distance
would not be conducive to facilitate the provision of services or employment opportunities to
persons without requiring the use of an automobile as outlined in the Bozeman Community Plan
. The closest option for public transportation is also over a mile from the Subject Property. The
Bozeman Unified Development Code (UDC), updated on March 31, 2018, states, “Use of this
zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to
accommodate a higher density of residents in close proximity to jobs and services” when
referring to R5 – Residential Mixed Use High Density zoning
The R5 – Residential Mixed Use High Density zoning is appropriate for areas of Bozeman like
along N. Seventh Ave where urban-style building projects are part of a revitalization effort. The
majority of R5 – Residential Mixed Use High Density zoning in Bozeman is contiguous to B-2M
– Community Business-Mixed and is more in conformance with the land use. In fact, there are no
R5 – Residential Mixed Use High Density zoning areas which are greater than a half mile from
major business areas and none that are contiguous to a R1 – Residential Single-Household Low
Density which are not separated by a major or arterial Bozeman roadway.
The traffic associated with the future Bozeman Sports Park, which has a 140 stall parking lot
directly across Baxter Lane from the Subject Property, and increased residential traffic coming
from the Subject Property is of great concern. The Baxter Meadows West Subdivision has a high
percentage of families with children ranging from newborns to young adults attending high
school. The Bozeman Sports Park Master Plan shows Baxter Lane as having arguably less traffic
control, allowing eastbound or westbound traffic while exiting the park, than the unconstructed
extensions of Cottonwood Road or Oak Street which appear to have a median to control traffic
more efficiently. Because of this lack of physical traffic control on Baxter Lane, increased
eastbound and westbound traffic from the subject property is expected. Directly east and
contiguous to the Subject Property is a walking path for Baxter Meadows West which would
expect to see a significant amount of pedestrian traffic crossing Baxter 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 rental
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 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.
Sincerely,
Whitney and Gregory Pritham