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HomeMy WebLinkAbout04-14-21 Public Comment - R. Gavin - Buffalo Run App. 21076From:Renee Gavin To:Agenda Subject:Letter of Opposition / Buffalo Run application #21076 Date:Wednesday, April 14, 2021 1:08:40 PM Attachments:City Commission commentsGavin.pdf CAUTION: This email originated from outside of the organization. Do not click links or openattachments 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 City Commission members in advance of the upcoming Webexmeeting on April 20, 2021. Kind regards, Renee Gavin April 13, 2021 Bozeman City Commission Attention: Mayor Andrus & Commissioners Pomeroy, Cunningham, Madgic and Coburn Re: #21076 Dear City Commission Members: 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 Annexation and Zone Map Amendment Application. After reviewing the documents, participating in recent online Zoom meetings and joining two virtual Zoning Commission meetings on this matter, we would like to submit the following objections to this application. 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, but with the solid guidance provided by our community plan, climate initiatives, transportation plan and the local character, we urge you to use these tools for decision making, and to vote no on this zone map amendment/annexation application. The photo below is from the Buffalo Run proposal narrative. It provides a very accurate current portrait of the land in question – perhaps more realistically than the maps accompanying the application and staff report. It clearly shows why this location for a high-density development on an isolated peninsula is not in keeping with the city’s own growth plan, transportation plan, and climate change initiatives. -2- Summary The objectives of this development are simply not in harmony with: • The City of Bozeman Community Plan (growth policy) including affordable housing • The City’s comprehensive Climate Change Initiatives • The City’s Transportation Plan • Prohibitions against spot zoning of an isolated peninsula of undeveloped land • The existing character of this agricultural area 1) The City of 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 and farms. In short, the subject property is not in close proximity to anything. Housing in Bozeman is currently scarce and expensive. This problem will not be solved by this proposal. One of the biggest challenges in Bozeman is the lack of affordable housing. One need only to look at the nearby Gran Cielo development, where an estimated 100+ units are slated for construction. Early offerings of these units are $600,00-plus. The developer who invests in open land for building high-density housing is going to follow the market and price new units accordingly. A new development with 300 condos priced at even $500,000 per unit is not going to have a positive impact on the affordable housing shortage. 2) Climate Change 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 goals of the Bozeman Climate Plan: • There will be a significant increase in automobile use from a subdivision that is several miles (not walkable) from grocery stores, local schools, the university, and most commercial operations. • Both Fowler Lane and Stucky Road are not suitable for safe biking or walking as they completely lack safe shoulders, bike lanes or sidewalks. • This proposed subdivision will only encourage more driving and resulting emissions, conflicting directly with climate change goals. 3) 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. Fowler Lane is an unimproved county gravel road. When hundreds of cars exit Buffalo Run in the morning, where -3- 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. 4) Spot Zoning. The City’s Zone Map Criteria poses three questions for what constitutes Spot Zoning and this development proposal meets all three. a) Is the proposed use significantly different from the prevailing land uses in the area? Yes, the requested zoning and proposed use of the site are significantly different. There are single family homes to the east and agricultural lands/open space to the south, west and north of the property. Please see the photo on page 1 of this letter. b) Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes, the area is approximately 20 acres and there is one entity that would enjoy the significant benefits of a zoning change. c) Would the change in the nature of “special legislation designed to benefit only one or a few landowners at the expense of surrounding landowners or the general public? Yes, it is clear that this is special legislation to benefit one landowner at the expense of surrounding landowners or the general public. In their application, Buffalo Run states that “no substantial negative impacts to surrounding landowners have been identified due to this proposed zoning.” That is completely false. Through the testimony and dozens of letters of opposition to this proposal, there are many negative impacts identified by people who surround this property and live nearby. Other Issues to Consider 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 went back to the drawing board and now bring 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. 2) False Transition Zone. Historically the city has encouraged maintaining “transition zones” that provide a buffer between urbanized areas and agricultural/open space. The proposal for an R-4 designation at Buffalo Run is completely inappropriate as a transition zone. Directly to the east, Meadow Creek is zoned R-3 (with mostly single family homes) and Buffalo Run would scale up the density as it approaches the more rural character up and down Fowler Lane. This proposal should ease down into less dense development as it meets the agricultural lands. -4- 3) 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. 4) 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. 5) 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 Stucky Road (1 mile in length) 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 this zone map amendment will encourage the most appropriate use of the land.” Nothing could be further from the truth. 6) 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. Thank you for your time and for considering these objections. Sincerely, Renee & Will Gavin 4929 Fowler Lane Bozeman, MT 59718