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.