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HomeMy WebLinkAbout01-11-21 Public Comment - S. Walgren - Buffalo Run DevelopmentFrom: Scott Walgren To: Agenda Cc: Scott Walgren Subject: LTR TO BOZEMAN CITY/ZONING COMMISSION_BUFFALO RUN DEVELOPMENT Date: Monday, January 11, 2021 7:38:55 AM Attachments: WALGREN LTR to Bozeman City Commission_Buffalo Run Development.pdf This letter is submitted in advance of the Zoning Commission meeting on January 11, 2021. My sincerest appreciation for its consideration. With gratitude, Scott Walgren Sent Via Email to: agenda@bozeman.net And by Regular Mail to: Attn: City Commission PO Box 1230 Bozeman, MT 59718 Dear Bozeman City Commissioners and Staff; Re: Public Comment on R-5 Zoning Permit and Annexation Application for (proposed) Buffalo Run development and Negative Impacts on adjacent Meadow Creek Subdivision I am a resident of the Meadow Creek Subdivision writing in opposition to the Annexation and R-5 Zoning request for the proposed Buffalo Run development adjacent to my neighborhood. In an effort to provide constructive and informed feedback, a significant and deliberate effort has been made to research and understand the proposal, the Bozeman Community Plan, city planning standards, zoning, municipal code, and public safety. As a career public servant who served for twenty years in the United States Navy, I place considerable faith in local leadership in its messaging that, while Bozeman experiences unprecedented pressure to grow, it can do so in a thoughtful way that serves the community and its citizens, creating a modern city which we can enjoy and of which we can be proud. The Buffalo Run proposal runs in stark contrast to that premise by taking advantage of the tremendous pressures under which the city currently exists to offer a solution that appears, on its surface, to serve the community. In reality, it will harm an existing neighborhood, reduce park space, and deteriorate the character that Bozeman intends to foster, and does nothing create to affordable housing. The Buffalo Run development contradicts the Bozeman Community Plan in two very basic ways: 1. The proposed zoning request does not meet the most fundamental zoning intent and does not align with the published Future Land Use map supporting the community plan. 2. The impact on the existing, low density neighborhood of Meadow Creek, through which the high density development of Buffalo Run would exist the single means of ingress and egress, includes layers of safety concerns, infrastructure concerns, compatibility misalignment, and fundamentally compromises the character and usage of a highly used public park. Zoning While Meadow Creek is zoned as R-3, in actuality, the community predominantly consists of single-family homes. As built, it meets the definition of R-1. The annexation and zoning request for the development of Buffalo Run is intended as R-5, defined in municipal code as "residential mixed-use high-density district is 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."According to Municipal Code Sec 38.300.100, "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 any applicable conditions of approval have been satisfied. The presumption of compatibility may be overcome by a showing of specific evidence through the development review process that proves a development to be non-compliant with applicable standards." Approving R-5 development adjacent to, with the single means of access directly through R-1 neighborhood, does not meet the zoning standards the city has developed. The recently adopted Community Plan Future Land Use Map does not include any mixed-use districts adjacent to the property nor commercial districts near the property. The district would be directly adjacent to our already established neighborhood that has been developed as R-1. This means that the highest density residential zoning district allowed by the city would be placed directly next to our already established low-density single-family development, drastically changing the character of our neighborhood. And the icing on the cake is that it doesn’t create affordable housing. Since condominiums are exempt from the affordable housing rules set for by the city, it serves to benefit only the developer and high-net-worth individuals who could afford to buy into Buffalo Run Impact There is only one access point constructed to city standard for the high-density, R-5 development, and that is Kurk Drive. Access to Kurk Drive still requires vehicles to navigate through several other roads that are in the heart of an existing neighborhood. The volume of traffic 288 Buffalo Run condominiums would introduce significant safety hazards for neighborhood pedestrians and children, and impose tremendously negative influences for the quality of life of existing residents. The mitigating recommendation proposed by the developer is to construct a road through Ainsworth Park, a highly-used public space serving the Meadow Creek Community. The existing right-of-way referred to by the Traffic Impact Study identifies an agricultural easement that was never intended as a public right of way. In fact, the easement runs directly through my home. While I have no fears of the city annexing my home, the fact that the development would leverage an agricultural easement to reduce the size of a highly-used public park, relocate a playground, and build a road directly adjacent to it, all support the premise that this project is not compatible with the existing infrastructure and families who reside here. I humbly request that the city deny the annexation of this land and the R-5 zoning request. The thoughtfulness of the Bozeman Community Plan and the spirit of city leadership have all acknowledged the challenges of rapid growth and advocated for healthy, considered development opportunities to support it. The Buffalo Run development runs counter to city priorities, at the expense of the community currently in place. /s/ Scott Walgren Catherine Walgren 3090 Meah Lane Bozeman, MT 59718 Enclosure Buffalo Run Annexation and Initial Zoning Purpose: To provide the Meadow Creek community and supporting neighbors talking points with which to engage the City of Bozeman on the proposed Buffalo Run development. Buffalo Run would be located directly west of Ainsworth Park, accessed exclusively by Kurk Dr. Existing Infrastructure cannot support the intensive R-5 district: ● Access/Transportation. The only access to the proposed Buffalo Run development constructed to City Standards is Kurk Drive, a local street located within a low-density, single-family household development. The property has access to Fowler Lane which is currently a two-lane County gravel road but has a future minor arterial street classification under the City’s Master Transportation Plan. Historically, the City has not allowed new developments to utilize public streets that are not constructed to City standards which leaves this development with one means of ingress/egress at Kurk Drive. As discussed below, connecting to 31st Avenue through a dedicated public park is not an option. It appears that the Buffalo Run project must connect to Fowler Lane in order to support the intensive use proposed with the R-5 zoning as the existing local infrastructure simply can’t support such an intensive use. The applicant’s project narrative and traffic impact study indicate that the developer plans to construct a road through the existing, dedicated Ainsworth Public Park located within Meadow Creek Subdivision, Phase 1 to provide a second means of access to the property. The applicant indicates that there is an “existing S 31st Ave 60’ right-of-way” along the west side of the existing Public Park that they can use to connect to for this new road. This existing “right-of-way” inside of the park does not exist. It is an obsolete agricultural only easement from an agricultural agreement signed in 1972 (film 141, page 2767) – it is not a public right-of-way. The easement runs through two existing homes on Lots 7 and Lots 8, Block 12, Meadow Creek Subdivision, Phase 1. The Ainsworth Public Park was designed to be expanded upon as development proceeded west – standard urban planning design would support this to create a large, square, functional parkland that would serve as a geographically-centered community hub for all surrounding communities. The Park is currently narrow at 175-ft wide. The installation of this road in an existing park would further narrow the park to 115-ft wide creating a block width well below the City’s minimum block width standard of 200-ft (BMC 38.410.040.C). This road would needlessly create two parallel streets only 115-ft apart, effectively creating a useless strip of park space between two roads. The new road would also be installed directly adjacent to (if not through) an existing playground. The existing park’s character is passive and is widely utilized by residents. The Meadow Creek community vehemently opposes the installation of this road through an existing park. Removing existing public parkland from an established community for the sole benefit of one developer is unacceptable. Aside from installing a road through a public park, the existing infrastructure surrounding these proposed connections are not built to City standards. The City does not allow connections to streets that are not built to City standards or half-constructed streets. The existing 31st Avenue section is not built to City standards – it is only 23 feet wide and does not have curb/gutter or stormwater facilities on the west side for its entire section. Only the north half of Blackwood Road is constructed and is only 24 feet wide (TBC-TBC) which does not leave enough space for parking to access the front of the homes along Blackwood. Blackwood does not connect to 19th Avenue, there is a gap between Meadow Creek Subdivision and Southbridge Subdivision. Only the east half of 27th Avenue has been constructed between Kurk Drive and Graf Street. Kurk Drive dead ends directly east of Parkway Avenue and does not provide a connection to South 23rd Avenue. ● The traffic impact study for Buffalo Run indicates that 2,140 vehicle trips per average weekday is anticipated along Kurk Drive (local street). Appendix J of the Bozeman Master Transportation plan examines different capacity limits for comparable municipalities. Table 2.2 (San Diego County) in Appendix J states that the level of service capacity of a Residential Road is <1,500 vehicle trips per day. The traffic generated from Buffalo Jump will measurably exceed the standard level of service capacity for Kurk Drive. ● Water. Available water pressures within Meadow Creek Subdivision are low and several residents have had to install booster pumps within single-family homes to achieve adequate water pressure within their homes. The addition of residential units and over 4,000 ft of new water main in the far southwest corner of the City may negatively impact the existing water systems of residents in this pressure zone. Zoning Compatibility: Bozeman Municipal Code ● Bozeman Municipal Code 38.300.100.F “Residential mixed-use high density district (R-5). The intent of the R-5 residential mixed-use high density district is 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 to servce the varying needs of the community’s residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community’s residents. 2. Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. Use of this zone 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 proposed project is not adjacent to any mixed-use district, is not served by transit, and is not in close proximity to jobs and services. The Bozeman Community Plan Future Land Use Map designates the “Urban Neighborhood” land use wholly surrounding this project site – no adjacent mixed-use districts are included in the Community Plan Future Land Use Map. The Community Plan Future Land Use Map does not designate any Mixed Use or Commercial land uses along Fowler Lane until a node of Community Commercial Mixed Use at the intersection of Fowler and Patterson, over one mile south of the development on Fowler Lane. The closest existing area supporting jobs is the office complex on Discovery Drive, located in the County, over a mile walk from the proposed development. The closest grocery/restaurant services to this project is over 2 miles walking. The existing R-5 zoning districts in Bozeman are adjacent to existing, established mixed-use areas that provide existing jobs and services, such as the R-5 zoning lining 7th Avenue and the R-5 zone directly south of the commercial node/strip on Huffine Lane and South Cottonwood Road. Bozeman Community Plan – “Review Criteria for Zoning Amendments and their Application” ● Montana Code Annotated 76-2-304.2.c “Promotion of compatible urban growth”. The existing development pattern in Meadow Creek Subdivision adjacent to the proposed project is large, single-family residential households that developed at a net residential density of 3.58 dwelling units per acre. The proposed Buffalo Run project intends to build at a net residential density of 37.35 dwelling units per acre. The abrupt increase (+1,000% increase) in net residential density does not appear to promote compatible urban growth. An appropriate transition between lower-density residential uses to higher-density residential uses is necessary to preserve neighborhood character. This transition is often achieved by placing medium density (or missing middle) housing between the incompatible densities to create an incremental shift between the contrasting density types. The Bozeman Community Plan discusses compatible urban growth stating that when considering zoning map amendments, the Commission examines “reasonable incremental development at the City edge.” This project is on the far edge of the City, over 3 miles from downtown as the crow flies. Sharply increasing the residential density by a factor of 10+ does not appear to be a reasonable incremental development at the City’s edge. ● Montana Code Annotated 76-2-304.2.d “The character of the district and its peculiar suitability for particular uses.” The Bozeman Community Plan states that the “Commission should consider differences in allowed intensity between the districts such as differences in height, setbacks, or lot coverage. The greater the difference the more likely conflict is possible.” The existing development pattern in Meadow Creek is one- or 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. This would allow for the construction of large buildings, covering 100% of their lot (within setbacks), at double or triple the height of the existing, adjacent residential homes creating a clear conflict. The proposed project is not in close proximity to residentially-supportive commercial uses, jobs, and services and does not appear to be suitable for this particular use. The extreme differences between residential densities on existing neighboring properties makes the project unsuitable for this high of density. ● Montana Code Annotated 76-2-304.2.e “Conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.” The existing neighborhood is low density residential in a rural setting. The immediate increase to such a high density of residential will not conserve the value of buildings and does not encourage the most appropriate use of the land. Parkland: ● The City of Bozeman caps required parkland dedication at 8 dwelling units per acre (net residential density), Buffalo Run proposes approximately 37 dwelling units per acre (net residential density). This means that 226 dwelling units of the proposed 288 dwelling units will be exempt from providing actual parkland dedication which is typically 0.03 acres of parkland per dwelling unit. Cash-in-lieu of actual parkland improvements is required between 8 DU/acre – 12 DU/acre, all parkland requirements are exempt for all units over 12 DU/acre. This equates to approximately 6.78 acres (226 DU x 0.03 acres) of actual parkland dedication that is not required due to the intensive use proposed on this property. This development even proposes to remove existing/established parkland to install a road through a public park. This development will put a heavy burden on the existing Parks within the Meadow Creek Subdivision where the parkland provided is already well below City standards as discussed below. Meadow Creek Subdivision lost a significant area of parkland that was to be dedicated in a future phase of the development but was lost due to the bankruptcy of the developer (see Miller Park – preliminary plat of Meadow Creek Subdivision). Because of this, Meadow Creek is critically low on actual parkland provided for its residents – especially considering that the multi-family lots in Meadow Creek exceeded the originally planned dwelling unit counts used to determine parkland requirements. Affordable Housing: ● The Buffalo Run project proposes 288 residential condominium units. Rentals and condominium units are exempt from the Affordable Housing Ordinance so this project will likely not provide any affordable units to fulfil the City’s critical affordable needs. Less intensive zoning districts such as R-2 would create an acceptable transition from the adjacent/existing low density developments within Meadow Creek and would create individual lots that would be subject to the Affordable Housing Ordinance and would provide affordable homes in this community. Zoning compatibility ● Meadow Creek is zoned as R-3, and in actuality, was developed as R-1. The neighborhood is primarily single-family houses. ● Buffalo Run is intended as R-5, "residential mixed-use high-density district is 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." ● According to Municipal Code Sec 38.300.100, "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 any applicable conditions of approval have been satisfied. The presumption of compatibility may be overcome by a showing of specific evidence through the development review process that proves a development to be non-compliant with applicable standards." ● The proposed area is currently outside of the city limits and is in neither a geographically compact nor walkable area. The code goes on to say that an 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 proposed location is not adjacent to mixed-use districts, not served by any transit, nor is it in close proximity to jobs and services. ● The proposed location for Buffalo Run as R-5 is incompatible with the surrounding area. Adjoining properties are single-family homes or farms, making high-density development unsuitable in both character and usage. ● The recently adopted Community Plan Future Land Use Map does not include any mixed-use districts adjacent to the property nor commercial districts near the property. The district would be directly adjacent to our already established neighborhood that has been developed as R-1. This means that the highest density residential zoning district allowed by the city would be placed directly next to our already established low-density single-family development, drastically changing the character of our neighborhood. ● Acknowledging the city's need for affordable housing, Buffalo Run proposes 288 condominuims, which would be exempt from the affordable housing requirements set forth by the city. Traffic Impact ● The Buffalo Run proposal is for 288 condominiums on the 20 acre parcel. The traffic impact study submitted by the developer estimates an additional 200 vehicles during peak morning and evening hours. The developer's opinion is that this would have no significant impact beyond the proposed site accesses and key intersections within proximity to the proposed project. ● An additional 200 vehicles with a single ingress and egress access will create a massive impact on the existing community. ● Kurk Dr is the only city road that accesses the proposed R-5 zoned area, meaning all traffic to and from this area would be routed this way. While the property does also border Fowler Ln, this road is dirt and not built to city standards, nor does it connect with any existing city road. The only remaining access would be via an existing easement which has the possibility of being developed if this proposal is approved. ● The welfare and safety of a single-family community with a high volume of traffic would have a significantly adverse impact on this residential area. ● The development proposal and traffic impact study attempt to suggest an additional access point along S 31st Avenue. In reality, the easement referenced was never designated nor intended as a public right of way easement. It was established as an agricultural easement in 1972 for landowners to access the rear borders of their property. Park Impact ● The proposal of an additional access point along S 31st Avenue would compromise the character and safety of Ainsworth Park, the single city park serving the community of Meadow Creek. ● Developing this existing easement into a road to access the proposed R-5 zoned area would nearly halve our park’s size, which is already small. ● The park and its playground are very popular with families in the neighborhood. An access point for a high-density development introduces a significant risk for the safety of those enjoying the park. Additional considerations ● The Buffalo Run proposal is not consistent with the newly published Bozeman Community Plan. The Future Land Use map identified the areas surrounding Fowler Lane as an urban neighborhood. ● The water table in Meadow Creek is extremely high. Several properties purge groundwater from crawl spaces throughout the spring, which drain into a retaining pond on the north side of Ainsworth Park. It is unknown how the development of the adjoining 20 acres would impact runoff and water table mitigation currently in place. ● Meadow Creek experiences significant water pressure problems already. Additional high-density development would have an adverse effect on existing property owners' water pressure and supply.