HomeMy WebLinkAbout11-13-18 Protest - M. & K. Bergevin - Rainbow Creek Annexation and Zone Map AmendmentFrom:Kathy Bergevin
To:Agenda
Subject:Rainbow Creek Annexation and Zone Map Amendment, File 18-240 Protest letter
Date:Tuesday, November 13, 2018 5:07:57 PM
November 13, 2018 Bozeman City Clerk121 N. Rouse Ave.P O Box 1230Bozeman, MT 59771-1230 RE: Rainbow Creek Rental Properties LLC Annexation and Zoning TO: Department of Community Development Attn: Planner Garber Bozeman Zoning Commission Bozeman City Commission Please accept this letter of PROTESTregarding the Rainbow Creek Annexation and ZoneMap Amendment, File 18-240, of R-4 for the 2.29-acre property located at 4555 BaxterLane, Bozeman, MT. The property is generally located east of the intersection of EastBaxter Lane and Harper Puckett Road, and is legally described as a tract of land locatedin SW ¼ of Section 34, Township1 South, Range 5 East, P.M.M., Gallatin County,Montana. File 18-240 Rainbow Creek Rentals annexation and zoning request. We purchased our home at 4559 Danube Lane, Baxter Meadows Sub. Ph3A, S34, T01 S,R05 E, Block 13, Lot 13, in 2013, and we are within a 200’ radius of the aforementionedproperty. We have no problem with the annexation of this property into the City of Bozeman. Infact, we are supportive of annexation. Our objection is to the proposed R-4 zoningrequest by Rainbow Creek Properties, LLC. We object to the spot zoningof this property, because:
It is significantly different from the prevailing use in the area.
The area in which the requested use is to apply is rather small from the perspective of
concern to the number of separate landowners benefiting from the proposed change.
Public Land Use (PLU)—specifically the sports fields, borders this property on the south,
the west by single-family residence zoned Agriculture by the County, and on the north
and east by R-1, single family lots. Therefore, the R-4 zoning is significantly different
from the surrounding zoning.
The property in question is small, only 2.29 acres, of which only 1.8 acres can be built
on, and there is only one landowner who benefits from this special legislation, Rainbow
Creek Properties, LLC. The greater Baxter Meadows Community does not benefit from
this zoning designation.
There are no “service functions” in or near Baxter Meadows, to include bus service and
necessary businesses, such as supermarkets or gas stations.
This request is not compatible or complementary to the furtherance of the Community
Growth Policy. Spot zoning an R-4 in the middle of an R-1 section of a planned
community moves away from the spirit and principles outlined in the plan.
Additionally:
The surrounding homeowners will see decreased property values driving down taxable
value.
A precedent for dropping vastly differing spot zoning designations on small lots into
other neighborhoods will be set for the city.
The open space directly north of the property will now be visually overshadowed by
apartment buildings and a parking lot.
Added traffic congestion and parking issues with the soccer complex directly across the
street.
Baxter Meadows covenants allow building up to 38’ high, and a majority of the houses are 2
story buildings, R-4 zoning allows for taller buildings that would overshadow the open space
trails that separate Baxter Meadows from the proposed apartment buildings. The Baxter
Meadows subdivision was intentionally designed to accommodate higher density (R-3 and R-4)
housing and commercial buildings on the east moving to lower density (R-1 and R-2) on the
west. The R-4 zoning request is incompatible with the surrounding zoning. We chose to buy
our house 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. There was no way that we could have known that
this type of zoning, within 200’ of our home, would be considered when we purchased this
property. 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.
In closing, we respectfully request that you deny the Rainbow Creek Zone Map amendment
for the property located at 4555 Baxter Lane, as R-4, Residential High Density and consider
zoning it as R-1 – Residential Single Household Low Density, which is in alignment with the
tenets of the Bozeman Community Plan, and community goals.
Sincerely,
Michael D, Bergevin Kathy R. Bergevin
4559 Danube Lane
Bozeman, MT 59718
Baxter Meadows Sub, PH3A, S34, T01 S, R05 E, Block 13, Lot 13