HomeMy WebLinkAbout01-11-21 Public Comment - J. Brandt - Buffalo Run DevelopmentFrom: Joe Brandt
To: Agenda
Subject: Buffalo Run Annexation and Initial Zoning
Date: Monday, January 11, 2021 2:44:38 PM
Hello,
I am very strongly against this. One developer makes a bunch of money at my neighbors and self
expense.
Reasons why I do not believe Buffalo Run zoning R5 is prudent:
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.
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.
Meadow Creek (~20 acres)
NET RESIDENTIAL DENSITY:
3.58 Dwelling Units/Acre
Buffalo Run (~20 acres)
NET RESIDENTIAL DENSITY:
37.35 Dwelling Units/Acre
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
multifamily
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.
ADDITIONAL TALKING POINTS DISCUSSED AT NEIGHBORHOOD MEETING ON JAN. 5:
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
highdensity
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.
Sincerely,
Joe Brandt