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HomeMy WebLinkAbout11-15-18 Protest - S. Vongehr & G. Lindner - Rainbow Creek Annexation and Zone Map Amendment 0 November 15, 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,TOI S, R05 E,Acres 2.29,TR IN SW COR SW4SW4, Gallatin County,Montana. File 18-240 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 R4 — Residential High Density. My wife, Gretchen Lindner, and I own the property at 4600 Danube Ln, Baxter Meadows Subdivision — Ph 3 A, Lot 7 Blk 15, which is approximately 50 feet north of the Subject Property. The Baxter Meadows West Subdivision is in the northwest corner and on the edge 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, effectively R1, 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. This project first appeared before the Zoning Commission on August 21,2018 with the proposal to have it zoned as R5. The motion failed with George Thompson voting for it and Julien Morice, Chris Scott, and Erik Garber voting against it. During the discussion numerous points were made in opposition of the motion which carry true with the current proposal for R4—Residential High Density zoning. It was mentioned that when looking at the other R4 zoning shown on the Zoning Map, it should be noted that they were created as part of a Planned Unit Development(PM) or subdivision where it was previously planned allowing for tapering of zoning. This allowed for the predictability of neighborhood character for those intending on purchasing property in those areas. It was also stated that the adopted Growth Policy did not adequately prepare homeowners in the Baxter West Subdivision for higher density. Zoning should be done with predictability relating to the character of the district and to zone this small parcel R4—Residential High Density was never foreseen and is not fitting of the character of the district. There was also discussion about regarding Spot Zoning where a zoning commission member admitted they were on "shaky ground" regarding the vastly different zoning compared to the surrounding area. To zone the Subject Property R4 — Residential High Density would be in direct conflict with the Bozeman Community Plan and the Bozeman Unified Development Code. 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. Section 38.300.100 of 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, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services."when referring to R4—Residential High Density zoning. 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 also agree that to zone this small parcel of land as something so vastly different then the land surrounding it would be considered spot zoning. The follow except is taken directly from the Opinion written by the Montana Supreme Court in Little P. BOARD OF COUNTY COMMISSIONERS, ETC.,631 P.2d 1282(Mont. 1981). "Thereisno single, comprehensive definition ofspotzouing applicable to all fact situations. Generally, however, three factors enter into determining whether spot zoning exists in anygiven instance. First, in spot zoning, the requested use is significantly different from the prevailing use in the area. Second, the area in which the requested use is to apply is rather small. This test, however, is concerned more with the number of separate landowners benefited by the requested change than it is with the actual size of the area benefited. Third, the requested change is more in the nature of special legislation. In other words, it is designed to benefit only one or a few landowners at the expense of the surroundinglandowners or thegeneralpublic.See, Williams, IAmerrcan Land Planning Law; at 563;Hagman, Urban Planning and Land Development Control La w(1971), at 169; Rhyne, The Law of Local Government Operations (1980), at 760-761." To zone the subject property R4 — Residential High Density fails the first test as it is vastly different from the prevailing land use in the area. It fails the second and third tests as it would only benefit the land owner who is intending on developing the land. We chose to build a house and raise children 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. 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, adhere to the Bozeman Community Plan,and avoid illegal spot zoning. 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. I Scott Vongehr AGfAhenLi er