HomeMy WebLinkAbout11-21-18 Protest - T. & J. Poole - Rainbow Creek Annexation and Zone Map Amendment1
Robin Crough
From:Theresa Poole <tmpoole2014@gmail.com>
Sent:Wednesday, November 21, 2018 7:46 AM
To:Agenda
Subject:RE: File 18-240 Rainbow Creek Rentals annexation and zoning request
Categories:Protest Forms
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, 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 R4 –Residential High Density
District. While we are property owners within Baxter Meadows that are not in direct proximity of the proposed
zoning, we have concerns about the precedence the proposed ‘spot’ zoning sets for Bozeman as a whole and
about the impact R4 zoning would have on Baxter Lane traffic flows.
We believe the proposed zoning could be considered ‘spot’ zoning based on the following definition. The
proposed use 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 with the number of separate landowners benefited from the
proposed change. The change is special legislation designed to benefit only one or a few landowners at the expense of the
surrounding landowners or the general public.
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, We 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.
2
To zone the Subject Property R4 – Residential High 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. 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.
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 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 denser 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.
3
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. 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.
We respectfully request you deny the Rainbow Creek Annexation and Zone Map Amendment for the property
located at 4555 Baxter Lane, as R-4 Residential High Density District.
Thank you for your time and attention in this matter.
Theresa and Joseph Poole
2375 Lasso Ave
Bozeman, MT 59718
Legal Address: BAXTER MEADOWS SUB PH 2C & 2D, S34, T01 S, R05 E, BLOCK 9, Lot 7, ACRES 0.164,
PLAT J-410