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Home My WebLink About11-19-18 Protest - G. & K. Drake - Rainbow Creek Annexation and Zone Map AmendmentNovember 19, 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 Book 148, Page 207, S34, T01 S, R05 E, P.M.M., City of Bozeman, 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, legally described as Book 148, Page 207, S34, T01 S, R05 E, P.M.M., City of Bozeman, Gallatin County, Montana, and hereinafter referred to as “Subject Property”, to R-4 “Residential High Density District”. My wife and I (Kaitlin & Garrett Drake) own the property at 4582 Danube Ln, Bozeman, MT 59718, legally described as Baxter Meadows Sub Ph 3A, S34, T01 S, R05 E, Block 15, Lot 8, Acres 0.345, PLAT J-448 Plus Open Space. Our property is located approximately 50 feet north of the Subject Property as shown in Figure 1 below. The Baxter Meadows West Subdivision is located in the northwest corner of Bozeman and defines the northwest portion 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 R-1 “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) as shown in Figure 2 below, which designates the Subject Property as Residential, we believe the most fitting zoning for the Subject Property is R-1 “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 R-4 “Residential High Density” would be to error 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, as shown in Figure 3 below. The Bozeman Unified Development Code (UDC Sec. 38.300.100.E) states, “Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” when referring to R-4 “Residential High Density District” zoning. The location of the Subject Property does not meet either of these criteria and should not be considered a suitable zoning designation for this property. 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 R-1 "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 R-1 "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 R-1 and a small land section, like the Subject Property, has been allowed. Again, to zone the subject property anything other than R-1 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. Furthermore, when the Baxter Meadows subdivision was initially planned and approved, it was done so with the stragic development that encorporates multiple zoning types as is encouraged by the Bozeman Community Plan. The subdivision was designed around the concept that there would be a business “Core” surrounded by residential housing that transitions from High-to-Low Density has you expand outward from the Community Business Core area, as can be see in Figure 4 below. The nature of the Subject Property, being only 2.29 acres and adjacent to the Baxter Meadows West neighborhood and open space, must be required to fit into the overall spirit of the neighborhood. In order preserve the character of the neighborhood and limit things such as allowable land uses, building height, and land densities, an R-1 designation is the only acceptable zoning for the Subject Property. We chose to build a house and raise children in the Baxter Meadows West Subdivision because of the established R-1 "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. Based on this application for Annexation and Initial zoning, it would appear that the driving force behind a request for R-4 zoning is not to own own a premier piece of land within the City of Bozeman, but rather to capitalize on developing revenue generating real estate. That mentality is in direct opposition to the majority of residents in Baxter Meadows who have chosen to live in the suburbs with like minded neighbors. We personally believe that annexation into the City should be reserved for large parcels of land and not be done on a lot by lot basis, thus allowing a proper development plan and appropriate zoning to be instituted. However, if and when small parcels of land are annexed into the City they should be required to comply with the zoning of the adjoining properties. We respectfully request that the Zoning Commission and the Bozeman City Commission deny the Rainbow Creek Annexation and 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" if it is to be annexed into the City of Bozeman. We strongly feel that this is the only way to respect the residential character and quality of the Baxter Meadows subdivision and ensure the area is in congruence with Bozeman’s Unified Development Code. Sincerely, __________________________________________ Garrett Drake Kaitlin Drake Owner - 4582 Danube Ln Owner - 4582 Danube Ln