Loading...
HomeMy WebLinkAbout01-09-21 Public Comment - T. Kubit - Buffalo Run DevelopmentFrom: Tom Kubit To: Agenda Subject: Proposed zoning and annexation of Buffalo Run subdivision Date: Saturday, January 9, 2021 11:25:10 AM To: Bozeman City Commission PO Box 1230 Bozeman, MT 59771 From: Tom Kubit & Stacey Deck 6089 Blackwood Rd. Bozeman, MT 59718 Subject: Proposed zoning and annexation of Buffalo Run subdivision Discussion: Zoning concerns for the subdivision as R5 Enforce primary access into subdivision through Fowler Road with developer responsibility for improving the road to city standards, and providing for the required 2 access paths not satisfied in the proposal Ensure existing Meadow Creek parkland, specifically Ainsworth Public Park, is not affected or reduced. Existing infrastructure for water supply pressure, water run-off and water table mitigation, sewer capacity, and snow plowing capacity are upgraded to handle the additional load. Ensure compatibility with surrounding properties, especially in regards to building height limits Zoning The proposed Buffalo Run subdivision is surrounded by large single-family 10+ acre parcels to the north, south, and west, and a low-density established R1 (zoned as R3, but built to R1 standards) Meadow Creek subdivision to the east. The proposal to allocate high-density R5 zoning to the Buffalo Run development is completely out of bounds with the surrounding area. According to Bozeman’s own Municipal Code, an R5 zoning district is “appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” The mostly rural setting of the Buffalo Run parcel meets none of these criteria. The closest grocery store and restaurant (one each) are over 3 miles away and there is no contiguous sidewalk access between this location and those services. The next closest services are another 2 miles beyond that. The nearest business park with a few office buildings on Enterprise Dr. is over a mile from the closest point of the subdivision. These are hardly considered "in close proximity of" the proposed R5 development. Another provision of the Municipal Code (Sec. 38.300.100) states “There is a presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and applicable conditions for approval have been met.” Inserting a high-density development in the middle of a mostly rural setting is the complete antithesis of that section. The R5 designation is obviously a mismatch to the surrounding community and residents. Finally, The Bozeman Community Plan specifically mentions compatible urban growth and states “…when considering zoning map amendments, the Commission examines reasonable incremental development at the city edge”. The land is not even in the City and must be annexed, which, by definition, puts it on the very fringe. Going from annexed rural land to R5 is not only counter to that discussion, but a reckless proposal that will do nothing but create an eyesore in the middle of carefully maintained open space. We understand that some growth in this area of the city is inevitable, but it should be carefully and appropriately developed in a manner that matches and enhances the surroundings. This R5 designation does neither and is completely inappropriate. Transportation Infrastructure/Access The Buffalo Run proposal for access to the subdivision is exclusively through the Meadow Creek subdivision on designated residential roadways not intended for arterial use. The only road built to City standards is Kurk Drive, making that the sole access point for the new development. There are a number of problems utilizing Kurk Drive as the main access to the subdivision beyond just the road standards: Kurk Drive is adjacent to Ainsworth Public Park, which is heavily utilized by children of all ages. The substantial increase in traffic makes this a much more dangerous location. The traffic impact study indicates an average weekday would see approximately 2140 vehicle trips. The residential streets and traffic flow patterns in the neighborhood are not meant to handle that much load. Studies suggest that the maximum daily trip capacity for a residential street is less than 1500. By their own study, they will significantly exceed that count. The traffic impact study also severely underestimates the number of additional cars allocated to the proposed 288 units. They estimate only about 200 additional cars. Due to the location where no local services exist, and just simple common-sense comparisons to other condos and townhomes in the area we already know that a conservative estimate would be 1.5 to 2 cars per unit. That puts the actual numbers closer to 500 additional vehicles. Using the correct vehicle count would also proportionally increase the estimated vehicle daily trips and severely exceed the capacity of the existing residential streets. The only way that 200 car estimate could be true is if the development were actually near the necessary services as intended, where many residents could walk to multiple destinations. These conditions do not exist here. The study also assumes only 1-2 bedroom units. Should larger units be built than what is specified in the impact study, additional traffic load will have even more detrimental impact on the roads. A second access point via 31st Street is also discussed in their proposal. This road is also not built to City standards and does not even have curbs or drainage on its west side. The proposed access from 31st St. specifies utilizing an existing 60 ft. “right-of-way”. However, the easement was, and still is, designated as an agricultural use easement for simple access to farmland signed in 1972 (film 141, page 2767). This is not a public roadway easement and perverting its intended use is a violation of the law and must be denied as an access point. This leaves only a single proposed access point to the subdivision via Kurk Dr. in the proposal, which is in violation of code requiring at least 2 points of entry/exit. The Buffalo Run property also abuts Fowler Road. This road has been designated a future minor arterial street under the City’s Master Transportation Plan. This would be a far more conducive main access point for the subdivision. However, the City has rightfully disallowed developments to utilize public roads that are not constructed to City standards. Therefore, the most appropriate course of action would be to ensure the developer must improve Fowler Rd. to city standards before approval is given to add any housing units. Ainsworth Public Park Impact Ainsworth Park is the only park allocated to the Meadow Creek subdivision. It is already undersized based on City standards for park allocation per dwelling unit due to the bankruptcy of the original developer (see Miller Park preliminary plat of Meadow Creek). Adding in a high-density subdivision where most of the units don’t contribute to the requirement of parkland allocation due to the cap of 8 dwelling units (DUs) per acre (the Buffalo Run density is projected to be upwards of 37 DUs per acre) only exacerbates the limited park land available. The park would quickly become over-crowded and overutilized necessitating additional maintenance and cost to the City. A further desecration of this limited space also comes into play with the 31st St. “right-of- way” implementation of a road right through the park. This would reduce an undersized area even further. That access is directly next to the existing playground area, which again increases the likelihood of a tragic child accident. The addition of that road also would reduce the block size and the corresponding width of the park between 30th and 31st Streets to only 115 ft. This is well below the City standard of 200 ft. (BMC 38.410.040.C) and puts 2 parallel roads in such close proximity as to make the park almost useless. The final point is that the easement does not exist through the park. Its actual location is through 2 existing house lots that abut 31st Street. That the developer is attempting to use this non-applicable use and actually change its location, goes a long way in showing just what kind of untrustworthy operation they are running. It is unacceptable to reduce an already limited area even further just to satisfy the desire of one developer to (mis)use another subdivision’s infrastructure for their own personal gain. Additional Infrastructure There already exist numerous City infrastructure inadequacies in the Meadow Creek subdivision, with will only be made worse by the already approved Gran Cielo development undergoing construction. Before the Commission allows any additional subdivisions to be put in place, the City needs substantial upgrades are needed for all of the services mentioned in this section to ensure existing tax-paying residents maintain at least no impact. The water pressure from the Cite water supply in this area is already extremely low. Residents across Meadow Creek have had sprinkler system failure due to low water pressure and many have installed booster pumps just to cope with the water needs of a small family. It is already unacceptable, and adding additional, high-density no less, units to an already strained system is just asking for disaster. It would be irresponsible for the commission to approve any additional housing in this area unless the water needs can be met. The water tables in this area are very high. The developer for Meadow Creek did a very poor job of water table mitigation and many households have had to install sump pumps after the fact which then becomes surface water running down the streets for months into sewers, straining that system. If proper water table mitigation is not part of the Buffalo Run plan, with substantial penalties for not following through, the entire development should be denied. Finally, this area sees some of the least timely snow plow service in the city where it is common that a week or more passes, after even a moderate snowfall, before the streets are plowed. Adding even more streets out here will only make it worse unless the City can upgrade their fleet to service the area in a more timely manner. All of this leads to requiring the City itself to perform more due diligence in being able to support additional development projects on the outskirts of town before proceeding with allowing developers to recklessly strain an already under-capacity infrastructure. Quality of Life While this topic is certainly subjective, there is no doubt that the quality of life of the Meadow Creek subdivision will be dramatically affected should the proposed R5 Buffalo Run development be approved. We’ve already discussed the increased danger to children at the park. The properties on the west end of Meadow Creek (we are not one of them, but can certainly empathize) have unobstructed views to the west and southwest of open spaces and mountains. The Meadow Creek housing consists of exclusively 1 and 2 story dwellings. Allowing an R5 zoned development to obstruct that space with up to 4 story buildings is an affront to the rural surroundings of the area and simply poor judgment next to the existing houses. The added traffic and consequent noise pollution that goes along with it, again from a high- density zoning district, has no place in a residential R1 setting. The community is a quiet refuge from the ever-increasing population of our city and is one of the primary reasons we decided to move out in this direction in the first place. Any further development in this area should aspire to be true to these same principles instead of destroying what others have so carefully created. The Meadow Creek subdivision is a “dark sky” compliant community. A high-density subdivision goes against those desires to see the stars at night and eliminate the light pollution that makes this area, again, a little more serene and beautiful. The City is in need of “affordable” housing and this proposed Buffalo Run development does nothing to address those needs. The apartments and condos that will proliferate in an R5 zone are exempt from the affordable housing ordinances. And comparisons to recent condos and apartments that have been constructed near the area, the prices for similar units will be upwards of $350,000. Finally, because the R5 zoning is so counter to the esthetics of the existing area, the impact to existing property values in Meadow Creek and the large parcels around the Buffalo Run property will be substantially negative. Again, if the development were in line with the existing properties and enhanced the area instead of becoming a square peg in a round hole, none of these issues would be evident. Summary We are obviously against the Buffalo Run subdivision getting any approval, and especially against any R5 zoning decision in this region of the city. The numerous points addressed in this letter should indicate just how inappropriate the proposed development is for this section of town. We all know and expect some growth into this area over the years, but the Commission needs to also stick up for the principles they preach and establish intelligent and compatible growth for the city. This proposal fails on many fronts to uphold even a minimum level of those principles: The R5 zoning designation is meant for proximity to substantial residential services and job availability. The Buffalo Run property is in a mostly rural setting with only one adjacent R1 subdivision. This zoning request should be denied out of hand. The quality of life impact to existing residents would be severe The developer is trying to utilize an already strained system and substantially inadequate infrastructure (roads, water, sewer, etc.) to support the new high-density subdivision. The most appropriate main access to any subdivision on the Buffalo Run property would be from Fowler Road since it is designated as a future minor arterial street, but that requires substantial road upgrades to conform to City standards. If the developer is unwilling to perform the necessary upgrades, the entire project should be denied. The proposal would reduce the already undersized parkland and render it virtually unusable as even more residents move into a high-density development. The developer is using unseemly practices of manipulating legal easements for unintended use, introducing entirely incompatible building units, and going against the City Municipal Codes and City Planning tenets. If the Bozeman City Commission and other public proponents of this wonderful area really mean what they say about intelligent, managed, and harmonious growth, the decision here is entirely obvious. We request that the Commission deny the R5 zoning of the Buffalo Run subdivision and designate that for a much more appropriate area, require any access to whatever project may come to that parcel to have its main access from Fowler Road (with responsibility for upgrading it assessed to the developer), and insist upon following the guidelines and principles set forth in the Municipal Code, Master Plans, and Bozeman Community Planning guides.