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HomeMy WebLinkAbout03-22-21 Public Comment - T. Kubit - Buffalo Run App. 21076From:Tom Kubit To:Agenda Subject:Proposed R4 zoning of Buffalo Run Date:Monday, March 22, 2021 10:35:05 AM 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. To: Bozeman City Commission PO Box 1230 Bozeman, MT 59771 From: Tom Kubit 6089 Blackwood Rd. Bozeman, MT 59718 Subject: Proposed zoning and annexation of Buffalo Run subdivision Discussion: Zoning concerns for the subdivision as R4 Enforce primary access into subdivision through Fowler Road with developer responsibility for improving the road to city standards, and providing for the required 2 access paths not satisfied in the proposal Existing infrastructure for water supply pressure, water run-off and water table mitigation, sewer capacity, and snow plowing capacity are upgraded to handle the additional load. Ensure compatibility with surrounding properties, especially in regards to building height limits Zoning The proposed Buffalo Run subdivision is surrounded by large single-family 10+ acre parcels to the north, south, and west, and a low- density established R1 (zoned as R3, but built to R1 standards) subdivision (Meadow Creek) to the east. The proposal to allocate high- density R4 zoning to the Buffalo Run development is completely out of bounds with the surrounding area. The Municipal Code (Sec. 38.300.100) states “There is a presumption that the uses set forth for each district will be compatible with eachother when the standards of this chapter are met and applicable conditions for approval have been met.” Inserting a high-density development in the middle of a mostly rural setting is the complete antithesis of that section. The R4 designation is obviously a mismatchto the surrounding community and residents. This zoning request is an obvious use of spot zoning and it meets none of the criteria set forth for approval of spot zoning requirements. The most obvious is the benefit of a single developer while detracting from the surrounding properties. This proposal would immediatelynegatively affect the property values of everything surrounding it. Finally, The Bozeman Community Plan specifically mentions compatible urban growth and states “…when considering zoning map amendments, the Commission examines reasonable incremental development at the city edge”. The land is not even in the City and mustbe annexed, which, by definition, puts it on the very fringe. Going from annexed rural land to R4 is not only counter to that discussion, but a reckless proposal that will do nothing but create an eyesore in the middle of carefully maintained open space. We understand that some growth in this area of the city is inevitable, but it should be carefully and appropriately developed in a mannerthat matches and enhances the surroundings. This R4 designation does neither and is completely inappropriate. Transportation Infrastructure/Access The Buffalo Run proposal for access to the subdivision has one main entrance through the Meadow Creek subdivision on designated residential roadways not intended for arterial use. The second access point has been added to Fowler Rd. While this is an improvement over the prior proposal, the fact remains that there would be substantial traffic added to a subdivision that was not intended to be used as a main thoroughfare. The required 2 access points could be accommodated off of Fowler Rd. if the full property frontage were utilized. Fowler Rd. has been designated a future minor arterial street under the City’s Master Transportation Plan. This would be a far more conducive main access point for the subdivision. However, the City has rightfully disallowed developments to utilize public roads that are not constructed to City standards. Therefore, the most appropriate course of action would be to ensure the developer must improve Fowler Rd. to city standards before approval is given to add any housing units. The intersection of Fowler and Stucky will also need substantial updates to handle the increased traffic in the area due to this development. Without either a traffic light or roundabout at this intersection, it will force almost all traffic through Meadow Creek since there exists a light at 19th and Graf. In other words, simply putting an access point off of Fowler Rd. on a plan does not ensure the traffic is properly routed without also ensuring the true access to arterial roads is also prepared for the change. Additional Infrastructure There already exist numerous City infrastructure inadequacies in the Meadow Creek subdivision, which will only be made worse by the already approved Gran Cielo development undergoing construction. Before the Commission allows any additional subdivisions to be putin place, the City needs substantial upgrades are needed for all of the services mentioned in this section to ensure existing tax-paying residents maintain at least no impact. The water pressure from the Cite water supply in this area is already extremely low. Residents across Meadow Creek have had sprinklersystem failure due to low water pressure and many have installed booster pumps just to cope with the water needs of a small family. It is already unacceptable, and adding additional, high-density no less, units to an already strained system is just asking for disaster. It wouldbe irresponsible for the commission to approve any additional housing in this area unless the water needs can be met. The water tables in this area are very high. The developer for Meadow Creek did a very poor job of water table mitigation and many households have had to install sump pumps after the fact, which then becomes surface water running down the streets for months intosewers, straining that system. If proper water table mitigation is not part of the Buffalo Run plan, with substantial penalties for not following through, the entire development should be denied. Finally, this area sees some of the least timely snow plow service in the city where it is common that a week or more passes, after even amoderate snowfall, before the streets are plowed. Adding even more streets out here will only make it worse unless the City can upgrade its fleet to service the area in a more timely manner. All of this leads to requiring the City itself to perform more due diligence in being able to support additional development projects on theoutskirts of town before proceeding with allowing developers to recklessly strain an already under-capacity infrastructure. Quality of Life While this topic is certainly subjective, there is no doubt that the quality of life of the Meadow Creek subdivision will be dramatically affected should the proposed R4 Buffalo Run development be approved. The properties on the west end of Meadow Creek (we are not one of them, but can certainly empathize) have unobstructed views to the west and southwest of open spaces and mountains. The Meadow Creek housing consists of exclusively 1 and 2 story dwellings. Allowing an R4 zoned development to obstruct that space with up to 4 story buildings is an affront to the rural surroundings of the area and simply poor judgment next to the existing houses. The added traffic and consequent noise pollution that goes along with it, again from a high-density zoning district, has no place in a residential R1 setting. The increased traffic directly against a park where children frequently play presents an additional danger. The community is a quiet refuge from the ever-increasing population of our city and is one of the primary reasons we decided to move out in this direction in the first place. Any further development in this area should aspire to be true to these same principles instead of destroying what others have so carefully created. The Meadow Creek subdivision is a “dark sky” compliant community. A high-density subdivision goes against those desires to see the stars at night and eliminate the light pollution that makes this area, again, a little more serene and beautiful. The City is in need of “affordable” housing and this proposed Buffalo Run development does nothing to address those needs. The apartments and condos that will proliferate in an R4 zone are exempt from the affordable housing ordinances. And comparisons to recent condos and apartments that have been constructed near the area, the prices for similar units will be upwards of $350,000. Finally, because the R4 zoning is so counter to the esthetics of the existing area, the impact to existing property values in Meadow Creek and the large parcels around the Buffalo Run property will be substantially negative. Again, if the development were in line with the existing properties and enhanced the area instead of becoming a square peg in a round hole, none of these issues would be evident. Summary We are obviously against the Buffalo Run subdivision getting any approval, and especially against any R4 zoning decision in this region of the city. The numerous points addressed in this letter should indicate just how inappropriate the proposed development is for thissection of town. We all know and expect some growth into this area over the years, but the Commission needs to also stick up for the principles they preach and establish intelligent and compatible growth for the city. This proposal fails on many fronts to uphold even a minimum level of those principles: The R4 zoning designation is meant for proximity to substantial residential services and job availability. The Buffalo Run property is in a mostly rural setting with only one adjacent R1 subdivision. This zoning request should be denied out of hand. The quality of life impact to existing residents would be severe The developer is trying to utilize an already strained system and substantially inadequate infrastructure (roads, water, sewer, etc.) to support the new high-density subdivision. The most appropriate main access to any subdivision on the Buffalo Run property would be from Fowler Road, since it is designated as a future minor arterial street, but that requires substantial road upgrades to conform to City standards. If the developer is unwilling to perform the necessary upgrades, the entire project should be denied. During discussions with the developer (only after the initial zoning request for R5 was met with considerable community feedback), they proposed restrictive covenants to manage the density and layout. The “deal” left all responsibility for enforcement on external entities, including the City, and was rejected due to that reason. This does not indicate bad faith by the residents of Meadow Creek, but a sensible decision of recognizing a burden as opposed to a mutually beneficial agreement. The developer now has the temerity to point to this as the residents being unreasonable. Certainly, if the shoe were on the other foot, they would not want a deal where the only means of fighting a violation of the covenant would be to litigate. If the Bozeman City Commission and other public proponents of this wonderful area really mean what they say about intelligent, managed, and harmonious growth, the decision here is entirely obvious. We request that the Commission deny the R4 zoning of the Buffalo Run subdivision and designate that for a much more appropriate area, require any access to whatever project may come to that parcel to have its main access from Fowler Road (with responsibility for upgrading it assessed to the developer), and insist upon following the guidelines and principles set forth in the Municipal Code, Master Plans, and Bozeman Community Planning guides.