HomeMy WebLinkAbout01-09-21 Public Comment - R. & W. Gavin - Buffalo Run DevelopmentFrom: Renee Gavin
To: Agenda
Subject: Comments / Proposed R-5 zoning change for Buffalo Run
Date: Saturday, January 9, 2021 4:43:51 PM
To: City of Bozeman / Zoning Commission
From: Renee & William Gavin, 4929 Fowler Lane, Bozeman 58718
To the members of the Zoning Commission,
After reviewing the documents submitted on behalf of this zoning change, we would like to
submit the following responses and objections:
1) The proposed R-5 zoning change for approximately 20 acres constitutes leapfrog zoning.
Only the Meadow Creek subdivision to the east has been annexed. All other surrounding
acreage has not been annexed. As you can see from the drone photograph submitted by the
developer, the 20 acres in question is a somewhat isolated tract with no development on the
north, south or west sides. Meadow Creek is to the east.
2) The Bozeman Community Plan (growth policy) designates the subject property as
Residential. Rezoning this tract for R-5 development is not in keeping with the current
land use and patterns as there are NO "commercial centers to facilitate providing
services and employment opportunities.” The city’s own R-5 regulations state that the
development must be within close proximity to amenities so that walking or biking is possible.
But there are NO amenities close to this proposed project. All of the property surrounding the
subject property on three sides and across Fowler Lane are open space, farms, or a
combination of the two. None of these properties is currently slated for high density
development. In short, the subject property is not in close proximity to anything.
3) The City of Bozeman encourages annexations to make City boundaries more regular.
Changing the designation of this subject property would leave gaps and islands of
unannexed land. In fact, this would create a peninsula of annexed land with three of its four
sides unannexed.
4) The City of Bozeman encourages annexations which will enhance the existing traffic
circulation system or provide for systems that do no exist at the present time. The creation
of nearly 300 residential units whose drivers will initially be routed on Kurk through
residential neighborhoods does nothing to “enhance” current traffic circulation. In
addition, claiming that Kurk will eventually be connected to Fowler Lane will not enhance
new traffic systems since Fowler dead ends into Stucky Road. As you may know, Fowler Lane
is an unimproved county gravel road. We voluntarily pay the cost of dust control each year
(approximately $500/household) and that is with current vehicular loads.
5) The developer’s proposal states that “it is anticipated that additional zone classifications
such as R-0 and R-5 will be located along the Fowler Lane corridor.” What evidence
supports this claim? Currently, all of the landowners along Fowler Lane from Blackwood
Road to Stucky Road (1 mile) are involved in either agricultural endeavors or the land is in
open space. There are currently no other proposed developments or zoning changes in the
works. The statement that Fowler Lane zoning will change is simply false.
6) The developer proposes that an “R-5 zone map amendment will encourage the most
appropriate use of the land.” Nothing could be further from the truth. High-density
residential housing that is surrounded on three sides by open space and located far from
central services, businesses, and places of employment will only encourage nearly
residents of this development to commute into Bozeman on narrow residential streets.
Further, the proposal states that eventually the residents would use Fowler Lane, which is
currently an unpaved road. Who will pay for improving nearly one mile of Fowler Lane to
accommodate the drivers living in these 300 new units?
7) In the applicant’s response to Zone Map Criteria (Part H - The Character of the District), he
states that the surrounding area is primarily residential or undeveloped and that the addition of
“offices, restaurants and/or retail” could be perceived as changing the character of the
district.” Absolutely. One cannot predict that high density residential development will
eventually fit in with the character of the district. One needs to look at current and
historic character as well. We doubt the landowners currently residing on Fowler Lane
would agree that its destiny is already determined to be urban. This should not be viewed as a
self-fulfilling prophecy.
8) Finally, and perhaps most importantly, in Zone Map Criteria (Part K - Spot Zoning
Criteria), the City asks, "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?
The answer is a resounding YES.
The applicant responds that “no substantial negative impacts to surrounding landowners have
been identified due to this proposed zoning.” We disagree. Potential significant impacts
are obvious: The city is correctly interested in promoting viable climate change goals and
protocols, yet this development will lead to an estimated 1,000 daily driving trips into
commercial areas by the residents of these nearly 300 additional proposed units. If the city
allows a zoning change to R-5, it also increases the pressure on surrounding landowners as
they see the destruction of valuable open space, wildlife habitat, increased noise, congestion,
and traffic. It becomes less likely that landowners will want to continue preserving
agricultural and open space when they are surrounded and squeezed.
In summary, the short-term financial objectives of this development are simply not in harmony
with the stated City of Bozeman growth policy, comprehensive climate change initiatives, or
in keeping with the character of this agricultural area. Historically the city has encouraged
maintaining “transition zones” that provide a buffer between urbanized areas and
agricultural/open space. Throughout the community, the alarm has been raised over the speed
and quality of development in our valley. We hope the City doesn’t believe that inappropriate
development is the inevitable pathway into the future.
Thank you for your time and for considering these objections to Buffalo Run’s request for a
zoning change to R-5 on this 20-acre tract.
Sincerely,
Renee & Will Gavin
4929 Fowler Lane
Bozeman, MT 59718