HomeMy WebLinkAbout12-15-18 Protest - A. Chiuchiolo - Mountain Vista Zone Map AmendmentDate: 16 December 2018
AITN: Honorable City of Bozeman Mayor and City Commissign, 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:
Please accept this letter of PROTEST regarding the Application #18-438 - Mountain Vista Zone Map
Amendment,2928 West Babcock Street. The property in question is currently zoned R-2 and owned by
Glen Haven Properties, Inc., which has proposed a higher density zoning district designation of R-4
through the above mentioned ZoneMap Amendment application process.
I purchased my home at208 DonnaAve, Bozeman, MT 59718 BABCOCK MEADOWS SUB PH 28,
S 1 1, T02 S, R05 E, Lot 47 , Acres 0.2, PLAI J-314 and am within a 150' radius of the aforementioned
property.
There are several issues of concern, not only to those directly adjacent, but to those owning
surrounding properties in the vicinity within the R-3 zoning designation. Given the location of the site
and the character of established neighborhoods, those concerns have been 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 dffirent 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 requestedfor the rezone rather small in terms of the number
of landowners benefitedfrom the proposed change? YES - the proposed
zoning designation has been requested by a single landowner and
applies 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 afew landowners at the expense of the surounding
landowners or the general public? YES - the change in zoning would
benefit only the landowner and would be a detriment and expense to the
surrounding landowners with regard to possible traffic congestion impacts
on a designated Collector Street and 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 REQURED
TO BE SUBMITTED AND APPROVED PRIOR TO SITE PLAN
APPROVAL AS ADEQUATE HEALTH, SAFETY AND SERVICES
MAY BE LESS AVAILABLE per 76-2-304 and76-2-302 M.C.A (for
example - greater length of time fo,r ambulatory or fire services to
respond to surrounding sites, pedestrians and proximity to the school).
Property valuations are also at issue as the property was originally zoned
by the City at a lower density of R-2.
The adopted City of Bozeman Growth Policy encourages development of urban density
housing, but this is to be balanced against other community priorities and "NEWAND
EXISTING DEVELOPMENT MUST CO-EXISTAND REMAIN IN BALANCE'' (SEE
Appendix K for definition criteria).
Building, parking lot, and street lighting regarding glare on neighboring properties.
Access into and out of the site.
Parking concerns with regard to required number of spaces versus the number of actual
tenants and each oftheir vehicles.
Amy Chiuchiolo
CC: Planner Pope, City of Bozeman Community Development, P.O. Box 1230, Bozeman, MT 59771
(hard copy) 20F,. Olive Street, Bozeman, MT 59715
via email : mpope@bo zeman.net
via email: agenda@bozeman.net
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Sincerely,