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HomeMy WebLinkAbout03-19-21 Public Comment - R. Gavin - Buffalo Run App. 21076From:Renee Gavin To:Agenda Subject:Letter of opposition / Buffalo Run application Date:Friday, March 19, 2021 1:14:50 PM Attachments:Zoning Commission.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Attached please find a letter with our objections to the zone map amendment & annexationapplication for the proposed Buffalo Run project. #21076 Thank you for forwarding this to the Zoning Commission members, Jennifer Madgic and Tom Rogers in advance of the upcoming meeting on March 22, 2021. Kind regards, Renee Gavin March 18, 2021 City of Bozeman / Zoning Commission Commission Liaison Jennifer Madgic & Staff Liaison Tom Rogers Re: #21076 Dear Commission Members, Commissioner Madgic and Mr. Rogers: We are Renee & William Gavin, residing at 4929 Fowler Lane, Bozeman 58718. Thank you for taking the time to read our comments on the proposed Buffalo Run development / Zone Map Amendment and Annexation Application. After reviewing the documents, participating in recent online Zoom meetings and joining the last virtual Zoning Commission meeting in January on this matter, we would like to submit the following objections to this application: 1) Leapfrog Zoning. The initial R-5 zone map amendment for approximately 20 acres was strongly opposed by the Zoning Commission at its January meeting. The developers have gone back to the drawing board and come forth with a slightly amended proposal for R-4 instead of the original R-5 designation. This proposal still constitutes leapfrog zoning. Only the Meadow Creek subdivision to the east has been annexed. All other surrounding acreage has not been annexed. As you can see from the drone photograph submitted by the developer, the 20 acres in question is an isolated tract with no development on the north, south or west sides. Meadow Creek is to the east. 2) Spot Zoning. The City’s Zone Map Criteria (Part K - Spot Zoning Criteria), poses the following question: "Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? The answer to this is clearly yes and at the January Zoning Commission meeting, you clearly pointed out that rezoning this tract would quality as spot zoning. 3) False Transition Zone. Historically the city has encouraged maintaining “transition zones” that provide a buffer between urbanized areas and agricultural/open space. In answer to the developer’s amended plan for R-4 zoning, the Meadow Creek Homeowners Association Board has presented an alternative view to this R-4. They are asking for the tract of land to have two separate designations: R-2 on the acreage closest to their own homes, and an R-4 designation on the western portion of Buffalo Run near Fowler Lane. This suggestion is completely backwards as a transition, since it goes from Meadow Creek’s own R-3 zoning to propsing Buffalo Run’s lesser R-2 zoning and then scales up to R-4 as Buffalo Run approaches a much more rural character along Fowler Lane. If anything, this proposal should be flipped so that the higher density development takes place next to Meadow Creek and then eases down into less dense development as it meets the agricultural lands. 4) The Bozeman Community Plan (growth policy) designates the subject property as Residential. Rezoning this tract for R-4 development is not in keeping with the current land use and patterns as there are NO "commercial centers to facilitate providing services and employment opportunities.” The city’s own regulations state that the development must be within close proximity to amenities so that walking or biking is possible. But there are NO amenities close to this proposed project. All of the property surrounding the subject property on three sides and across Fowler Lane are open space, farms, or a combination of the two. Zoning Commission / Commission Liaison / Staff Liaison March 18, 2021 Page 2 In short, the subject property is not in close proximity to anything. 5) Transportation Plan. The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for systems that do not exist at the present time. The creation of these high-density residential units whose drivers will travel either through Meadow Creek’s residential neighborhoods or down Fowler Lane does nothing to “enhance” current traffic circulation. In addition, claiming that Kurk will eventually be connected to Fowler Lane will not enhance new traffic systems. Fowler Lane dead ends into Stucky Road. As you may know, Fowler Lane is an unimproved county gravel road. When hundreds of cars exit Buffalo Run in the morning, where will they drive? Many will travel through the Meadow Creek subdivision while some may attempt to travel north on Fowler Lane, where they will be backed up while waiting to turn right or left on Stucky, depending in their destination. 6) Climate Change and Initiatives. When the City of Bozeman adopted our climate plan in December 2020, there were 6 focus areas with 16 actionable solutions identified to reduce the City’s greenhouse gas emissions and create a more equitable, resilient and sustainable community. Buffalo Run will not aid in any of those admirable goals. This high-density proposal clearly and directly conflicts with the achievable and admirable goals of the Bozeman Climate Plan with a significant increase in automobile use from a subdivision that is located several miles (not walkable) from grocery stores, local schools, the university, and most commercial operations. Stucky Road is not suitable for safe biking or walking as it has no appreciable shoulder, bike lane or sidewalk. Fowler Lane does not either. As a result, this subdivision will encourage more driving and will conflict directly with climate change goals. High-density residential housing that is surrounded on three sides by open space and located far from central services, businesses, and places of employment will only encourage nearly residents of this development to commute into Bozeman on narrow residential streets. 7) Character of the District. In the applicant’s response to Zone Map Criteria (Part H - The Character of the District), he states that the surrounding area is primarily residential or undeveloped and that the addition of “offices, restaurants and/or retail” could be perceived as changing the character of the district.” Absolutely. One cannot predict that high density residential development will eventually fit in with the character of the district. One needs to look at current and historic character as well. We doubt the landowners currently residing on Fowler Lane agree that its destiny is already determined to be urban. This should not be viewed as a self- fulfilling prophecy. 8) The City of Bozeman encourages annexations to make City boundaries more regular. Changing the designation of this subject property would leave gaps and islands of unannexed land. In fact, this would create a peninsula of annexed land with three of its four sides unannexed. 9) Baseless Predictions. The developer’s proposal states that “it is anticipated that additional zone classifications such as R-0 and R-5 will be located along the Fowler Lane corridor.” What evidence supports this claim? Currently, all of the landowners along Fowler Lane from Blackwood Road to Zoning Commission / Commission Liaison / Staff Liaison March 18, 2021 Page 3 Stucky Road (1 mile) are deeply involved in either agricultural endeavors or the land is in open space. There are currently no other proposed developments or zoning changes in the works. The statement that Fowler Lane zoning will change is simply false. The developer also proposes that the zone map amendment will encourage the most appropriate use of the land.” Nothing could be further from the truth. 10) Negative Impacts. The applicant responds that “no substantial negative impacts to surrounding landowners have been identified due to this proposed zoning.” We disagree. Potential significant impacts are obvious: The city is correctly interested in promoting viable climate change goals and protocols, yet this development will lead to an estimated 1,000 daily driving trips into commercial areas by the residents of these nearly 300 additional proposed units. If the city allows a zoning change to R-4, it also increases the pressure on surrounding landowners as they see the destruction of valuable open space and wildlife habitat, couple with increased noise, congestion, and traffic. It becomes less likely that landowners will want to continue preserving agricultural and open space when they are surrounded and squeezed. In summary, the short-term financial objectives of this development are simply not in harmony with the City of Bozeman’s growth policy, the City’s comprehensive climate change initiatives, the City’s Transportation Plan nor is it in keeping with the character of this agricultural area. It is an isolated peninsula and appears to be a classic case of spot zoning. Throughout the community, the alarm has been raised over the speed and quality of development in our valley. We hope the City doesn’t believe that inappropriate development is the inevitable pathway into the future. It is a delicate balancing act for sure, but with the solid guidance provided by our growth policy, climate initiatives, transportation plan and local character, we urge you to use these tools for decision making, and to vote no on this zone map amendment/annexation application. Thank you for your time and for considering these objections. Sincerely, Renee & Will Gavin 4929 Fowler Lane Bozeman, MT 59718