HomeMy WebLinkAbout09-05-18 Protest - S. Jares - Maple Terrace Zone Map Amendment BS
MCLUIVIft
TO: City of Bozeman
SUBJECT: PROTEST 18712: REGARDING REZONING MAPLE TERRACE LOTS 25
& 26
DATE: September 5, 2018
We, the Homeowners of Block A of the Maple Terrace Subdivision, oppose the
rezoning of lots 25 and 26, legally described as lots 25 and 26, Maple Terrace
Subdivision and the adjacent Montana Department of Transportation right-of-way
& right-of-way acquisition; and located in the SW % of Section 1, T1S, R5E, PMM,
Gallatin County, Montana for the following reasons:
1- As per Amendment to the Covenants for the Maple Terrace Subdivision
Recorded Document # 377690, Book 191, Page 1654 and recorded
11/10/1998, Paragraph (1):
"No lot or building plot in the Maple Terrace Subdivision shall be used
except for strictly residential purposes, and no business, trade or
manufacturer of any sort or nature shall be conducted thereon, except lots
15 through 23, Block A..."(Lots 15-23 all face onto 191h Avenue.)
2- Paragraph (2) states: "Lots shall be improved only by the erection of a
ONE-family dwelling house constructed of materials of good quality...
except on the exterior of all buildings constructed on lots 15 through 23,
Block A..." (Lots 15-23 all face onto 191h Avenue.)
3- The MAPLE TERRACE ZONE MAP ADM ENDMENT states in Letter A:
Consistency with City's growth Policy:
"This property is designated as "Residential" according to the Bozeman
2020 Community Plan Future Land Use Map."
These lots are actually currently designated and further restricted as R-1,
one family lots, not merely residential.
Page 1 of 5 Maple Terrace Residents regarding rezoning of 25 & 26
4- The MAPLE TERRACE ZONE MAP ADMENDMENT states in Letter F:
Lessening of congestion in the streets:
"This site would be serviced by Durston.Road." In fact,these sites WILL be
serviced by Durston Road.
In contradiction to the title of Letter F, it further states "Increased traffic
may occur with additional site development." Absolutely, increased_traffic
will occur by tenants and additionally by visitors.
5- Both Letter F: "Lessening of congestion in the streets" and Letter I:
"Reasonable consideration to the peculiar suitability of the property for
particular uses" states: "the increase in traffic will be considered and any
appropriate mitigation measures required will be addressed during site
plan review."
Increased traffic is an inevitable fact relating directly to any change in
zoning and will be addressed before any zoning decision is made and not at
site plan review.
6- Letter G has compares the average household in 1930 to 2000. The
applicable comparison would be the number of cars per household in 1930
versus 2000.
7- Letter H "Reasonable consideration to the character of the district:" states
that rezoning to R-O is a natural extension. Maple Terrace is an R-1
residential (one family per household) neighborhood. it is in no manner a
"natural extension" to rezone from one family household neighborhood to
R-O.
Page 2 of 5 Maple Terrace Residents regarding rezoning of 25 & 26
8- Letter J. Conserving the value of buildings states: "The property currently is
vacant. The R-0 zoning designation will not negatively affect the value of
any adjacent buildings and/or land uses." The rezoning will most certainly
adversely affect the value of the land and buildings in said neighborhood
now zoned R-1.
9- Letter K. Encouraging the most appropriate use of land throughout the
jurisdictional area states that the zoning designation would allow
appropriate_residential and /oroffice types of uses of land-without
negatively impacting existing land uses and development:
Without a doubt, building R-O directly beside, adjacent to, or in front of
current properties and residences will dramatically and adversely affect the
normal quiet enjoyment of said R-1 neighborhood.
10-There is already traffic congestion at Durston and 1!P, sometimes down to
15t" Street, making it difficult to turn into the lots 25 and 26 as it already is
for 171 street. Therefore, additional concern is warranted for the increase
in traffic and safety of children and pets.
11-Disruption of an R-1 neighborhood due to increased density created by RO
zoning will increase in automobile traffic and human traffic.
12-The elevation of Durston Road is higher than Blackmore Street. Lot 25 has
been filled approximately 4 feet. There is real concern that rainwater run-
off from the development of these two lots will create a drainage problem
adversely affecting the Maple Terrace Neighborhood.
13-Parking will have to be provided on any R-O site. There is no parking at all
on Durston or 19t". And the surrounding neighborhoods cannot handle the
additional parking.
14- Development of lots 25 and 26 will affect adequate light, air, and view for
Maple Terrace Neighborhood. As previously stated in section 12 above, lot
25 has been filled approximately 4 feet. The addition of a tall building on
either lot will block the sun and shade adjacent properties.
Page 3 of 4 Maple Terrace Residents regarding rezoning of 25 & 26
15- Property values would be detrimentally affected with the rezoning to R-O.
16-Entry and exit to lots 25 & 26 will have to be west bound right turn only as
the present traffic back-up at the stoplight at 19th will not allow east bound
traffic to cut through. Left turns from eastbound the lane into this property
will cause even more traffic issues.
Conclusion:
Changing the zoning of Lots 25 and 26 offers no benefits whatsoever to the
overwhelming majority of R-1 residents living in Maple Terrace Subdivision
-- -and needs to-be--rejected.-- Moreover, this.cha.nge-would only permanently
harm said residents through additional congestion, diminution of quality of
life, and reduced property values. Of the 23 R-1 property owners in this
subdivision only two (2) would benefit; the owners of vacant lots 25 and
26. The covenants as written and agreed to under which all property owners
in the Maple Terrace Subdivision purchased their property will be
honored. Therefore, this proposed zoning change and any other zoning
change cannot proceed and demands to be rejected.
Signature
Sean A.Jares
827 Blackmore Place
Bozeman, MT 59715-2713
(Any additional owner signatures)
Signature
Printed name
Address
Page 4 of 4 Maple Terrace Residents regarding rezoning of 25 & 26