HomeMy WebLinkAbout01-06-21 Public Comment - M. & M. Koscinski - Buffalo Run Amd. Protest Mark and Martha Koscinski
3431 S. 29d Avenue
Bozeman,MT 59718
January 6,2021
To: City of Bozenwi Department of Conununity Development
Attn: Chris Saunders
P. O.Box 1230
Bozeman,MT 59771
RE: Application number,20112. Buffalo Run. 5400 Fowler Lane
AMENDED PROTEST
We are Mark and Martha Koscinski,3431 S. 29''Ave.,Bozeman,Montana. We have been residents
of Bozeman for 15 years and have lived in our home in Meadow Creek for over seven years.
We are writing to rp otest the above captioned application because it will negatively impact our
neighborhood and the City of Bozeman. We understand the City's eagerness to approve multi-family
applications and we understand the need for more housing,but this one does not make sense. This
is a 20.79-acre parcel in the middle of an agricultural area of Gallatin County,not easily accessed from
any major road. It borders county road,Fowler Lane. It is not Affordable Housing. The application
for R-5 Zoning and the building of 13 condominiums in this area does not make sense for the
following reasons:
1. Ingress and Egress via S. 31'.
For Buffalo Run to have a second ingress and egress, it requires them to install a street
extension of S. 31`h utilizing City parkland and/or what they are calling"an existing 60'Right
of Way Easement per Plat J-453". The existing"easement"is an AGRICULTURAL easement
as per the attached "Agreement to Exchange Land for Right of Way Purposes" by and
between E. Mae Miller and Lester J.Kurk,Film 141 Page 2767,dated 18 April 1972.
Taking City parkland to build a road is setting an extremely dangerous precedent and should
not be approved.
. According to the City; i�-5 zoning is appropriate fbr areas adjacent to mi 3e use districts
and/or served by transit to accommodate a higher density of residents in close
proximity to jobs and services. This parcel of land is a peninsula of the county--it
is adjacent to R-3 zoned, but defacto R-1 housing.
a. There are NO services in this area. No schools. No churches. No shopping. No
businesses. No offices. No health facilities.
Page 1 of 3
b. There is NO public transportation available in this area.
c. There are NO bicycle lanes in this area.
d. There are NO contiguous sidewalks from the corner of S. 19' to Main Street.There
are no contiguous sidewalks from Hope Lutheran Church to S. 19`''. (There is no sidewalk
on the City-owned property on the corner of S. 191 and Graf. No sidewalk. No snow
removal.)
e. If Buffalo Run is going to construct 13 buildings with either two or three stories,why is
R-5 being requested?
£ Building 13 condo buildings in an area surrounded by pastures and single- family homes
is not compatible with the area.As stated above,this proposed subdivision abuts Meadow
Creek on one side. The houses in Meadow Creek are single-family homes that one would
find in R-1 zoning. It is a quiet,agricultural area with homes no higher than 34. High rise
condominiums or apartments would be totally out of place compared to the surrounding
homes and pastures.
g. The water pressure in Meadow Creek is probably the worst in Bozeman. Sending water
to Buffalo Run will further impact the water pressure in Meadow Creek not to mention
how it will affect the condos in Buffalo Run.
h. Environmentally,this is contrary to the City's environmental plan. Adding 288 housing
units in an area where there are no services,no shopping,no churches,no schools,and no
public transportation will add pollution from 600+vehicles daily. In addition,water usage
for 288 units further depletes the vital water source that serves Bozeman.
If I am not mistaken, the prior owners of this property had petitioned to the County to
subdivide and build a few homes on this 20.79 acres. The County did not approve the
application due to water concerns. We respectfully ask the City to consider the amount
of City water that will be used by this subdivision.
L Public Safety. Law enforcement and patrols in Meadow Creek are virtually non-existent
now. 288 housing units which translates to 600+ vehicles and 600+ individuals in an area
that is not easily accessible for emergency services. How will police and fire trucks quickly
respond to Buffalo Run? Inasmuch as high-rise apartments appear to appeal to MSU
students, it is probably safe to assume there will be an abundance of students living in
Buffalo Run.Need we say more?
j. Storm Water Retention Pond. Meadow Creek has a storm water retention pond on the
corner of S. 30`h and Kurk. It appears that Buffalo Run will have another storm water
retention area to the west of the Meadow Creek facility. What measures are being taken
to prevent the storm water from Buffalo Run from overflowing into the Meadow Creek
storm water pond,especially with the amount of ground surface that will be covered with
13+ buildings and parking lots?
Page 2of3
3. The traffic study in this application is unrealistic and unfair to the owners in Meadow Creek.
Using a study from somewhere else due to Covid-19 does not fairly project fixture traffic
patterns.
a. The primary access to this property SHOULD be from Fowler Lane. The address of
this property is 5400 Fowler Lane. Therefore, access should be to and from Fowler
Lane—not through Meadow Creek.
b. If the developer wants to build 288 housing units on this 20.79 acres,the developer
should improve Fowler. Let the developer work it out with the County. Why is it
that the owners in Meadow Creek will be compromised and inconvenienced simply
because Fowler is unpaved?
c. Intersection of S. 27' and Graf. Gran Cielo. The traffic study does not mention the
fact that there will be heavy traffic feeding onto Graf at 27' from the west from the Gran
Cielo subdivision, currently under construction. All the traffic from Meadow Creek and
Buffalo run will converge at that intersection each morning and afternoon during the high
peak hours,adding to an already ridiculous intersection.
d. Funneling the vehicles of 288 housing units (600+ vehicles) through an established
neighborhood is unfair and burdensome to the owners of Meadow Creek. Construction
is estimated to take five years. That is five years of construction vehicles going through
our neighborhood. There is no direct road from the proposed development to S. 19`h. As
proposed, traveling to and from Buffalo Run will require vehicles to stop at several
intersections several times. This will increase pollution, noise, and potential traffic
danger to owners and pedestrians in Meadow Creek,to say nothing of fact that the roads
in Meadow Creek are seldom plowed.
We strongly object to this proposed subdivision as it has been presented to the City AND to the R-5
Zoning. Please do not approve this application—in its entirety.
Respectfully,
Mark M. Koscinski Martha M. Koscinski
Page 3of3
P� M 14l.PAC(2757
AGREEMENT TO EXCHANGE LAND
FOR RIGHT OF- WAY PURPOSES.
This agreement entered into this z -AX day of Apri'1, 1�72y
between E. Mae- Miller of Bozemaxi, Montana, and Lester J. Kurk,
a single wan of Bozeman, ' Montana,
gWIT0B SS, ETHi
E. Mae Miller is the owner of the SE4SWh of S23, T2S, R5E,
and she desires to acquire a road right of way over and across
land owned by Lester J. Kurk; Lester J. Kurlt is the owner of
the gp14SW4 of 823, T2S, R5E, and he desires to acquire a strip of
land over and across the above described land owned by
E.Miller-
Lester J. Kurk agrees to give a 'Warranty Deed to E. Mae
miller to a strip of land Sixty (60) feet wide lying north of and
m
illerrallel to the South fins of the SW4Swa of S23, T2S, R5E, and in
consideration for the Warranty Deed to said land,
E. Mae Miller
.agrees to give a Warranty- Deed to Lester J. Kurk for a strip of
.land Sixty S60) feet wide lying- east of and parallel to the West
ae of the - .. � �� f 523, �� a`�id_ , n irther eonsidera 'or�__
for c ange, ae 3 er agrees to relocate the present
fence between the SW4SW4 and the SE4SW4 of S23, T2S, R5E, by
gloving it east along the east boundary line of the land deeded to
Lester J. Rurk, to construct a fence along the Borth line of the
strip of land hereinbefore. described belonging to Lester J.
Kurk, to relocate the present irrigation ditch north of said
road rw ht of way and to install a c��lvert under the right of
way which she acquires. The construction ,of the fence, relocation
of the irrigation ditch and *installation, of the culvert shall be
made at the time that the road is .constructed for use. The
present ditch to be relocated is now located along the South line
of the right of way tract +which Lester I�urlc wi J 1 deed to E.
Mae Miller.
Both -of these right of ways have to be surveyed and 'Warranty
Deeds will be exchanged at .the time that the description of said
lands has been .fi.nally determined.
E. Mae Miller -agrees to pay the attorney fees for the prepara-
tion of this instrument and for preparing the Warranty Deeds to
be exchanged when the survey is Completed.
This agreement cannot be assigned.
This agreement shall apply to and bind the heirs, executors,
administrators and- assigns -of the parties hereto.
IN WIT IRES- WHEREOF, the parties hereto have 'hereunto signed.
their sees, ecec"tir►g this -agreement in triplicate, the dal
and y0ar in this instrument first above written.
R. Mae miller
Lester' J.�curk
MR
Public in and for the State of Montana, personally appeared
E. MAE MILLER, . known to me to be the person whose name ,is
subscribed to the within instrument, and acknowledged to me
mat she executed the same,
" § Notary, Public for the tate of
.Montana
Residing at Bozeman, . Montana
1 ` My commission expires� April 3Q�"•� P 1974
STATE OF MONTANA )
5 ss.
'oaty of Gallatin �
On this day of April., 1972, before me,' a Notary
ublic in and for the State of Montana, personally appeared
ESTER J. KURK; known tome to be the person whose name is
ubscxibed to the within instrument, and acknowledged to me 0
hat he executed the same.
Notary Public forqthBtate Of
Montana
Residing at 114ont.ana
My commission expires April 30a 1974
2$2 2 713
71.
�! B , f lto(y o4 G�9lt8H RMV for rowd March 10 19 g4_
1 :4 5 P U., and recorded In Bo/a�kk 1�41 of MMiS ll�an/eous a d2767
Fee: 1 $1120.�00pd ii V_T Uly
Rt: ®on Miller
5534 Stucky Rd
Bozeman, .MT 59715
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2020 BUFFALO RUN - 54,00 FOWLER Lj-VT'4,, E
ANNEXATION
N Yx SW Y.SW/-of Section 23,Township 2 South,Range 5 East,
Principal Meridian,Gallatin County,Montana
NaWSI'Srr:
40
ANIATEXATION1
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LEGAL DESCRIPTION ANNEXATION AREA SUMMARY
TOTAL ANNEXATION AREA:20.79 acr%(905,625.40)Sq.Ft
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