HomeMy WebLinkAbout01-11-21 Public Comment - L. Jay - Buffalo Run DevelopmentFrom: Lorre Jay
To: Agenda
Subject: Application 20112 Buffalo Run Comments
Date: Monday, January 11, 2021 11:19:41 AM
Attachments: Comments on Application 20112 Buffalo Run.pdf
Dear Chris Saunders,
This is my comment letter as a landowner by the affected area (Meadow Creek) for the proposed application 20112
rezoning and condo complex development (Buffalo Run) in advance of the Zoning Commission meeting tonight to
discuss this project.
Please let me know if you have any questions.
Thank you,
Lorre Jay
Lorre Jay
2964 Meah Lane
Bozeman, MT 59718
lorrejay@gmail.com
Jan. 10, 2021
City of Bozeman Department of Community Development
Attention: Chris Saunders
P.O. Box 1230
Bozeman, MT 59771-1230
agenda@bozeman.net
Comments on Proposed Buffalo Run Development, Application 20112
Dear City of Bozeman Department of Community Development:
As a property owner in Meadow Creek, I am extremely concerned with the proposed Buffalo Run
Development, application 20112 annexation and rezoning request (the “Proposal”) due to its
non-compliance with the Bozeman Municipal Code and nonconformance with the Current
Bozeman Growth Policy. Annexing farm land and zoning it R-5 next to farms and an R-1 housing
development has no precedent in Bozeman. Furthermore, pushing all of the traffic created by
this high-density project through a rather small egress: Kurk Drive, will increase bottlenecks
throughout Meadow Creek and surrounding neighborhoods. This proposed project will decrease
safety, availability of parks, possibly eliminate 100-year old trees in Ainsworth Park and will
negatively change the character and usability of the existing Meadow Creek and Southbridge
neighborhoods.
Zoning Incompatibility
The proposed project is non-compliant with Municipal Code Sec. 38.300.100. It is incompatible
with the surrounding area and is not in compliance with applicable standards. R-5 is defined as
“residential mixed-use high-density district …to provide for high-density residential development
through a variety of compatible housing types and residentially supportive commercial uses in a
geographically compact, walkable area”. The Proposal is outside city limits and is in not a
geographically compact or walkable area.
Per the Municipal Code, R-5 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 Proposal is not adjacent to mixed-use districts and is not served by
transit or in close proximity to jobs and services. Oracle which is approximately 1.5 miles away is
not served by public transportation. In addition, Oracle’s campus is currently for sale so unclear
if its location will be a future job center. Other employers like MSU and 19th street businesses
are further away and not served by public transportation.
City of Bozeman Department of Community Development
January 10, 2021
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The recently adopted Community Plan Future Land Use Map does not include any mixed-use
districts adjacent to the property or commercial districts near the property. The Proposal counts
on future plans to develop properties that are not available to annex by the City of Bozeman.
The Bozeman Community Plan discusses compatible urban growth and states that when
considering zoning map amendments, the Commission examine “reasonable incremental
development at the City edge”. This project is far from the edge of the City and the sharp density
increase by a factor of 10 times1 is not aligned with the Bozeman Community Plan.
The Bozeman Community Plan states that the “Commission should consider differences in
allowed intensity between the districts such as differences in heights, setbacks, or lot coverage.
The greater the difference the more likely conflict is possible.” Meadow Creek is one and two-
story single-family residential homes with less than 40% lot coverage. The proposed R-5 zoning
allows for up to four-story buildings with no maximum lot coverage constraints. In fact, the plan
is to build 7 buildings almost covering the entire lot. This creates conflict between the R-1 and
proposed R-5 zoning.
The proposed annexation and rezoning R-5 district would place the highest density residential
zoning district allowed by the City of Bozeman directly next to our already established low-
density single-family development, drastically changing the character and safety of our
neighborhood. There is no precedent for this incompatibility. There are 2 other R-5 zoning
districts, none of which is placed next to R-1.
Traffic Impact
The Proposal is for 288 condominiums on 20 acres. The traffic impact study submitted by the
developer grossly underestimates at 200 the additional vehicles during peak hours. A recent civil
engineering study indicates that 7 trips/day per condominium is an appropriate peak estimate
which would mean about 2,016 trips/day added to Kurk Drive and other neighborhood roads.
This does not include landscapers, UPS, FedEx, USPS and other delivery trucks, garbage, recycling
and composting vehicles, snow plow equipment, street cleaning, maintenance, school buses or
the volume of heavy equipment and construction vehicles that will use as an access point what
is now a lightly-used, dead-end street (Kurk Drive)2.
Currently each street in Meadow Creek services about 10-20 homes or 100-200 trips/day
(exclusive of service providers)3. The Proposal would increase traffic by an estimated 900% to
1900%. Additionally, Meadow Creek homeowners would be responsible for paying for the
1 Meadow Creek has net residential density of 3.58 dwelling units/acre. The Proposed Buffalo Run has 37.35
dwelling units/acre.
2 The other entry/exit point in the Proposal is Fowler Lane which is currently a gravel road, not built to city
standards and not connected with any existing city road.
3 Source: Mike Spack, Traffic Engineering Standards. http://www.mikeontraffic.com/numbers-every-traffic-
engineer-should-know/.
City of Bozeman Department of Community Development
January 10, 2021
3
dramatically increased usage through City special assessments. As well, this would drive traffic
through a quiet, dead-end portion of the Meadow Creek subdivision increasing the risk of
dangerous accidents to families, their children and pets and dramatically changing the character
of the neighborhood.
Proposal Reduces Ainsworth Public Park and Does Not Meet Bozeman Municipal Code Block
Size
The Buffalo Run Proposal indicates that the developer plans to construct a road through the west
side of the existing dedicated Ainsworth Public Park located within the Meadow Creek
Subdivision. The applicant indicates that there is an “existing S31st Ave. 60-foot right-of-way”
along the west side of the public park that they will place a second means of access connecting
Meah Lane and Blackwood Road to Buffalo Run.
The 60-foot right-of-way along the west side of the public park does not exist. The “right-of-way”
inside Ainsworth Public Park is an agricultural-only easement which dates back to 1972 and is not
a public right-of-way. The easement also runs through 2 existing homes on Lots 7 and 8, Block
12, Meadow Creek Subdivision, Phase 1.
The Ainsworth Public Park was designed to be expanded upon as development proceeded west
creating a geographically-centered community hub for all surrounding communities4. This
expansion never occurred due to the bankruptcy of the developer during the Great Recession.
The park is currently narrow at 175-feet wide. The Proposal would install a road in the existing
park reducing the park size by half its current size and narrowing the block to 115-feet wide which
is well below the City’s minimum block width of 200 feet. In addition, it would reduce the
functionality of the park and make it more dangerous to access. The park would be a strip
between two - now very busy - roads.
The Proposal places the new road on an existing playground which would be moved to a location
closer to South 30th Avenue and may require taking down a stand of 100-year old cottonwoods,
which are an incredible focal-point to the surrounding neighborhoods, let alone a magnet for
birds and small animals and an enjoyable play area for kids and adults.
Buffalo Run Does Not Advance Bozeman’s Affordable Housing Goals
Buffalo Run proposes 288 residential condominium units, many of which will be rented. Rentals
and condominiums are exempt from the Affordable Housing Ordinance (AHO) so this project is
not required to provide and likely will not include any affordable units to fulfill the City’s
objectives of having more people that work in Bozeman, live in Bozeman. Less intensive zoning
such as R-2 would better meet the City’s affordable housing objectives because of the AHO
requirements.
4 See Miller Park – preliminary plat of Meadow Creek Subdivision.
City of Bozeman Department of Community Development
January 10, 2021
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Lack of Existing Infrastructure on Proposed Secondary Access Roads: Meah Lane and
Blackwood Road
The Proposal’s new road through Ainsworth Park opens up secondary access points using Meah
Lane and Blackwood Road (via a portion of 31st Avenue). The City does not allow connections to
streets that are not built to City standards or are half-constructed. The existing 31st Avenue
section is not built to City standards and is only 23 feet wide. It has no curb, gutter or storm water
facilities. The North half of Blackwood is only 24 feet wide which is not enough space for parking
in front of homes. Furthermore, Blackwood Road does not connect to 19th which would a lot of
additional traffic snaking through Meadow Creek. Meah is similarly not supportive of the high
level of traffic. In general, these roads were not built to code and are unsuitable as additional
access points to Buffalo Run.
Proposal Reduces Parkland Dedication by 6.8 acres
The city of Bozeman caps required parkland dedication at 8 dwelling units per acre (net of
residential density). Buffalo Run proposes 37 dwelling units/acre. Therefore 226 dwelling units
of the proposed 288 will be exempt from providing parkland dedication. This equates to
approximately 6.7 acres of parkland dedication that is not required due to the intensive use. This
is in addition to halving the size of the existing Ainsworth Public Park. This will create a heavy
burden on the existing parks within Meadow Creek where the parkland provided is already well-
below City standards.
I hope that you will seriously consider these major problems with the proposed Buffalo Run
condominiums. I would be pleased to speak to you further.
Kind regards,
Meadow Creek Homeowner
Lorre F. Jay
2964 Meah Lane
Bozeman MT 59718