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HomeMy WebLinkAbout08-20-18 Protest - W. & G. Pritham - Rainbow Creek Annexation and Zone Map Amendment (REVISED) August 20, 2018 7 DLlLIEE Bozeman City Clerlc o 121 N. Rouse Ave PO Box 1230 DEPH1 7,10ENT OF -.�? F Bozeman, MT 59771-1230 1v1UNlTY�EVELO 'MENT 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: Tract 5 of Certificate of Survey No. 2202 , located in the SW 1/4SW 1/4 of section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. 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 —1Zcsidential Mixed I Ise 1-ligh 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. 19"' 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 Rl — 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 Pritham eregory Pritham