HomeMy WebLinkAbout12-11-18 Protest - J. Little - Mountain Vista Zone Map Amendment December 11, 2018
From: Joseph W. Little
Address: 222 Kathryn Ct, Bozeman, MT 59718
Legal Description: Babcock Meadows SUB PH 213, S 11, T02 S, R05E, Lot 49,Acres 0.25, Plat J-314
ATTN: Honorable City of Bozeman Mayor and City Commission, City of Bozeman Zoning
Commission Members, and City of Bozeman Planning Staff.
RE: Application#18-438 - Mountain Vista Zone Map Amendment, 2928 West Babcock Street
Dear Sirs and Madams:
It has come to my attention that an annexed property which is currently zoned R-2 and owned by Glen
Haven Properties, Inc., has proposed a higher density zoning district designation of R-4 through the
above-mentioned Zone Map Amendment application process.
I PROTEST the rezoning application#18-438, given the location of the site and the character of
established neighborhoods, my reason for protesting this rezoning are outlined as follows:
1) In the issue of whether a rezoning constitutes illegal "spot zoning" as discussed by the Montana
Supreme Court in Plains Grains, LP vs. Board of County Commissioners of Cascade County as well
as Little vs. Board of County Commissioners, the court determined that the presence of all three of
the following criteria will generally indicate that a given situation constitutes "spot zoning";
a) Is the proposed use significantly different from the prevailing land uses in the area? YES —
the prevailing land uses in the area are single-family homes on lots designed, sized, and intended
for single-family construction.
b) Is the area requested for the rezone rather small in terms of the number of landowners
benefited from the proposed change? YES —the proposed zoning designation has been
requested by a single landowner and apply to a single lot that is larger than those adjacent and in
the near vicinity of the parcel. Therefore, the amendment will benefit only the developer.
c) Would the change be in the nature of"special legislation"designed to benefit only one or a
few landowners at the expense of the surrounding landowners or the general public? YES —
the change in zoning would benefit only this landowner and would be a detriment at the expense
of the surrounding landowners regarding possible traffic congestion impacts on a designated
Collector Street which is intended to help alleviate Arterial Street traffic to achieve ultimate
destinations, possibly through residential neighborhoods (adopted City of Bozeman
Transportation Plan). The intersections of Virginia Way and Hunters Way with Babcock Street
are of primary concern as Babcock Street has not been updated since approximately 2006. A
traffic study should be required to be submitted and approved prior to site plan approval
as adequate health, safety and services may be less available per 76-2-304 and 76-2-302
M.C.A(for example—greater length of time for ambulatory or fire services to respond to
surrounding sites, pedestrians and proximity to the school). Property vFC0 __
as the property was originally zoned by the City at a lower density of R ��
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2) The adopted City of Bozeman Growth Policy encourages development of urban density housing but
is to be balanced against other community priorities and "NEW AND EXISTING DEVELOPMENT
MUST CO-EXIST AND REMAIN IN BALANCE" (see Appendix K for definition criteria).
3) Building, parking lot, and street lighting regarding glare on neighboring properties.
4) Access into and out of the site.
5) Parking concerns regarding required number of spaces versus the number of actual tenants and each
of their vehicles.
6) Hyalite Elementary school is nearby, and Babcock is used for continual pick up and drop off
children. Increased traffic on an already busy street would be a significant safety risk for the
children.
7) The proposed lot is adjacent to a perennial stream causing potential increase in contaminates to that
stream. With high density development a larger parking lot will be required. The higher
concentration of vehicles produces more oil and fuel leaks in such small acreage; those contaminates
have a high potential of reaching the adjacent perennial stream either through the surface or ground
water as ground water has come within 3 feet of the surface. I know that personally, as I have dug
post holes on the north side of my property (the south end of proposed property) and hit water at 2-3
feet. Contaminates included, but not limited to; oil, gasoline, and garbage could potentially be
deposited into the stream or leached through the soil. If contaminates should reach the perennial
stream it will be in direct contradiction to the intent of the Montana State Water Quality Initiative.
8) There is a pond just south of the proposed high density project. The required lighting and increased
noise in the neighborhood will greatly affect the migration pattern of the Water Foul that currently
use it for nesting and stop off on their migration pattern.
The nice feature about living in this neighborhood is there are no street lights providing for the open sky
concept that the City of Bozeman adopts. The neighborhood is a quiet neighborhood, all neighbors are
respectful of each other. The R-2 current classification would fit nicely in this already established
neighborhood.
In summary, I respectfully request that the application for the re-zoning classification that is currently R-
2 remain R-2 and I protest the R-4 high density designation and request it be denied.
Respectfully -
J
Joseph Little
Attachment:Appendix K Bozeman Community Plan
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Appendix K:Glossaiy of Terms
APPENDIX K
OM120
Glossary of Terms
Adequate Public Facilities. The circumstance of having the necessary roads, sewer,water, and other
public or private facilities which may be defined by ordinance, to enable the provision of services to
development which comply with locally established level of service standards. Also referred to as
concurrency.
Affordable Housing. Housing is considered affordable when a household pays no more than 30
percent of its adjusted monthly (after tax) income for housing and utilities. Usually used in reference to
housing for low and moderate income persons, defined as those who earn less than 50% or 80%
respectively, of the area's annual median income.
Bozeman Planning Area. See Figure 3-1.
Brownfields. Abandoned,idled, or underused industrial, commercial, or other facility where expansion
or redevelopment is complicated by real or perceived environmental contamination or other non-natural
physical circumstance.
Compatible Development. The use of land and the construction and use of structures which is in
harmony with adjoining development, existing neighborhoods, and the goals and objectives of this plan.
Elements of compatible development include,but are not limited to: variety of architectural design;
rhythm; scale;intensity;materials;building siting;lot and building size;hours of operation; and
integration with existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design.
Compatible Land Use. A land use which may by virtue of the characteristics of its discernible outward
effects, exist in harmony with an adjoining land use of differing character. Effects often measured to
determine compatibility include,but are not limited to, noise, odor,light, and the presence of physical
hazards such as combustible or explosive materials.
Connectivity. The degree to which roads and paths are connected and allow for direct travel between
destinations.
Critical Lands. Those areas typified by the natural characteristics and functions described in the Critical
Lands Study.
Density. The number of dwellings per net acre of land.
Bozeman Community Plan Page K-1
Appendix K:Glossary of Terms
Downtown. The area generally bounded by Broadway Avenue,Lamme Street, 5th Avenue, and Olive
Street. An area of mixed uses,Downtown is generally characterized by historic architecture and is
principally commercial in character. Downtown is an important component in making Bozeman a
unique and desirable place.
Facility Plan. A formal plan prepared for a specific physical resource of the City which examines the
resource's current state, future needs for the resource, and recommended means of meeting identified
future needs. Examples of facility plans the City has caused to be prepared are the 2005 Wastewater
Facility Plan and the Greater Bozeman Area Transportation Plan.
Form Based Zoning (Codes).A method of regulating development to achieve a specific urban form.
Form-based codes create a predictable public realm primarily by controlling physical form,with a lesser
focus on land use, through city regulations. Form-based codes address the relationship between building
facades and the public realm, the form and mass of buildings in relation to one another, and the scale
and types of streets and blocks. Not to be confused with design guidelines or general statements of
policy, form-based codes are regulatory,not advisory. Form-based codes are drafted to achieve a
community vision based on time-tested forms of urbanism.
Goal. A statement of general purpose or intent relating to a defined topic. A goal generally seeks an
improvement in the status of some specified thing.An example is: "Promote, encourage and enhance
the built environment to create an aesthetically pleasing community."
Growth. An increase in Bozeman's population and/or area. The increase may be the result of natural
population growth through births exceeding deaths,in-migration, or annexation.
Growth rate. A measure over time of the increase or decrease in City population compared to the City's
population at a specified date. Growth rates are usually expressed as a percentage and applied to time
increments of one, five, or ten years.
Health.A state of physical, mental, and social well-being, and not merely the absence of disease or
infirmity. Health is a resource for everyday life, not the objective of living. Health is a positive concept
emphasizing social and personal resources, as well as physical capacities.
Historic Core. The area contained within the Neighborhood Conservation Overlay District as shown
in Figure 5-1. The historic core is comprised of a variety of mutually supportive land uses including
commercial, residential,public, and industrial activities.
Historic Resources. Any district, site, building, structure, or object that is significant in American
history, architecture, archeology, or culture. Historic resources have economic, educational, scientific,
social,recreational, cultural, historic, and/or practical value to living persons. Said properties have
usually achieved significance prior to the last fifty years and possess integrity of location, design, setting,
materials,workmanship, feeling and association. Typically, significant heritage properties:
1) are associated with events that have made a significant contribution to the broad patterns of
Montana's or the nation's history (e.g. the agricultural development of the Gallatin Valley);
2) are associated with the lives of persons or groups of persons significant in our past (e.g. the
Nelson Story family or Bozeman's early Chinese residents);
3) embody the distinctive characteristics of a type,period, or method of construction (e. g. local
pattern book architecture), or that represent the work of a recognized master (e.g. architect Fred
Willson), or that possess high artistic values (e.g. the T. Byron Story Mansion) , or that represent a
Page K-2 Bozeman Conununity Plan
Appendix K:Glossary of Terms
significant and distinguishable entity whose components may lack individual distinction (e.g. existing
or potential local historic districts); or,
4) have yielded or are likely to yield information important in prehistory or history (e.g. tipi rings or a
buffalo kill site).
The most significant heritage properties in the Bozeman area are those districts, sites,buildings,
structures, or objects listed on the National Register of Historic Places or determined to be eligible for
listing on the National Register, the official list of the nation's heritage properties worthy of preservation
because of national, state, or local significance. However,properties not eligible for National Register
listing may also possess local value and should thus be considered worthy of preservation.
Human Scale. The proportional relationship of a particular building, structure, or streetscape element
to the human form and function. Human scale does not prohibit multistory structures.
Infill. The development or redevelopment of vacant, abandoned, or under utilized properties which are
within developed areas of the City, and where water, sewer, streets, and fire protection have already been
developed and are provided. Annexed areas located on the periphery of the City limits shall generally
not be considered infill sites.
Mitigate/Mitigation. Measures taken or required to avoid, minimize, compensate for, or offset the
definable impacts of development on the environment,public facilities and services, or other issues of
community concern defined by ordinance.
Neighborhood. An area of Bozeman with characteristics that distinguish it from other areas and that
may include distinct economic characteristics, housing types, schools, or boundaries defined by physical
barriers, such as major highways and railroads or natural features, such as watercourses or ridges. A
neighborhood is often characterized by residents sharing a common identity focused around a school,
park,business center, or other feature. As a distinct and identifiable area, often with its own name,
neighborhoods are recognized as fostering community spirit and a sense of place, factors recognized as
important in community planning.
Net acres. The area of land measured in acres, minus any dedications to the public, such as public or
private streets and parks.
Objective. A more specific statement than a goal which seeks to advance the intent of a goal.
Objectives bridge the distance between goals which are general in nature and policies which call for a
specified and distinct action to be accomplished. An example is: "Support and encourage creative site
development design."
Open Space. Land and water areas retained for use as active or passive recreation areas, agriculture, or
resource protection in an essentially undeveloped state.
Open Space, active. Open space that may be improved and set aside, dedicated, designated, or
reserved for recreational facilities such as swimming pools,play equipment for children,ball fields, court
games,picnic tables, etc.
Open Space,passive. Open space that is essentially unimproved and set aside, dedicated, designated,
or reserved for public or private use,including agriculture or resource protection.
Bozeman Coninituiity Plan Page K-3
Appendix K:Glossary of Terms
Pedestrian Oriented Design.Development designed with an emphasis on pedestrian safety,
convenience and accessibility that is equal to or greater than the emphasis given to automotive access
and convenience.
Policy. A definite course or method of action selected from among alternatives and in light of given
conditions to guide and determine present and future decisions.An example is: "Create a park and tree
maintenance district to preserve and enhance the aesthetic qualities of publicly owned lands. "
Sprawl.A pattern of development generally characterized by a combination of:
1) low population density,
2) forced reliance on individual automotive transportation,
3) distribution of land uses which require driving in order to satisfy basic needs,
4) development which leaves large undeveloped areas surrounded by development.
Strategic Plan. A formal plan prepared for a specific service of the City which examines the current
state of the service, future needs for the service, and recommended means of meeting identified future
needs.An example of a strategic plan the City may cause to be prepared is Urban Forestry.
Page K-4 Bozeman Community Plan