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Home My WebLink About09-24-21 Public Comment - S. Casto - Canyon GateFrom:Tom Rogers To:Agenda Cc:Jacob Miller Subject:Canyon Gate Development Opposition - 21-337 Date:Friday, September 24, 2021 2:20:12 PM Attachments:Montana and Rogers letter_Application 21337 Comment and Recommendation_9.22.21.pdf From: Sean Casto <scasto@gmail.com> Sent: Friday, September 24, 2021 1:25 PM To: Tom Rogers <TRogers@BOZEMAN.NET>; Susana Montana <smontana@BOZEMAN.NET> Subject: Canyon Gate Development Opposition - 21-337 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. Please see attached a letter of opposition and recommendations for the proposed Canyon GateDevelopment. Recognizing it is still under review, the Project Manager from Homebasepresented an example of this development to the neighbors and is clearly incongruent and inconsistent with the neighborhoods as proposed. We understand the need and encourage the development of Bozeman. It is one of very manyreasons we now call this area home. However, the proposed zoning of this particular project isextremely inconsistent with the current zoning and feel of the immediate surrounding area.The property in question is not located in a city center, but a rural, low-lying residentialoutskirt. Not only that, the increased traffic and population this project proposes needs carefulconsideration on its impact of local communities and response times of our city fire andpolice. Furthermore, the development footprint proposed does not meet the open space and parklandrequirements set forth in the Bozeman zoning design standards. It also will greatly impede onthe free movement of the large amount of wildlife that call this area home. We strongly urge that you deny this proposed rezoning and ask the developer to revise theirapplication with consistent zoning of the surrounding areas (R-1 or R-2). Please find attached additional comments and recommendations for city application 21337. Thank you for your time and consideration! Ms. Susana Montana September 22, 2021 Mr. Tom Rogers Planning and Development 20 East Olive Street Bozeman, MT 59715 RE: Canyon Gate Development Project No: 21-337 Dear Ms. Susana, and Mr. Rogers, I am writing to express my strong opposition to the proposed zoning associated with the Canyon Gate development (Project No 21-337), located the at the corner of Story Mill and Bridger Drive. I recognize it is early in the application process but implore on the City of Bozeman (City) to acknowledge the family-oriented, low-density residential nature of the area. I expect many more residents and concerned citizens expressing similar concerns on this project. As indicated in the power point presented to the City, as well as to the neighboring HOA boards of Legends II subdivision1, the applicant is proposing to Spot Zone this parcel for their interest in high-density residential and mixed-use commercial. The proposed zoning designation of R-5, R- 3, and B-2M is completely incongruent with the neighboring land-use and would be detrimental to the area. We understand that this property will proceed with the annex application and ultimately be developed, but as immediate neighbors to this development, we disagree and challenge the proposed zoning designations associated with this application for the following reasons and hope the City work with the Applicant to address: 1. Proposed zoning is inconsistent with character of area We understand that the applicant is proposing an R-5 high-density zone. This development is inconsistent and incongruent with the feel and character of the neighborhoods and Bridger canyon area. This parcel is surrounded by three sides by R- 1, R-2 and R-3 (R-S) zoned development. This in-fill development should match the existing development patterns for this area to make a cohesive community feel. In addition, this area is a prime example of a terminus area, limited to the outskirts of town, and should maintain the low-density character of the area. Higher density housing is more consistent with city centers and not terminus outskirt areas. Apartment complexes and/or other high-density residential developments do not match the rural, low-lying residential developments of the area. 2. Inconsistent street development As proposed and shown in the presentation, the streets proposed are not continuous with the currently dead-ended streets in the abutting neighborhoods (see Weeping Rock Lane). When the Bridger Creek, Legends at Bridger Creek I and II neighborhoods were designed, it was anticipated that the flow of R-1 or R-2 development types would continue into this 1 “2021-08-03 Canyon Gate HOA Presentation” undeveloped property. This precedent is shown by the street ends. This new development would not use the existing flow of streets (e.g., street along story mill) and be again, inconsistent with neighborhood design. Also, pertaining to the traffic evaluation and studies that are associated with the application, the proposed street layout is nothing short of lazy. The connection to Maiden Spirit Street and Northview Drive are only added to address the exceedance of traffic standards. If this type of development were approved as proposed, traffic impacts would be significant and detrimental to first responders and other health and safety issues. 3. Spot Zoning is illegal This application is a classic example of Spot Zoning and subject to law and ordinances pertaining to spot zoning. Spot zoning should be ruled invalid as an "arbitrary, capricious and unreasonable treatment" of a limited parcel of land by a local zoning ordinance as indicative of this application. When annexing a property into Bozeman, the developer should not spot zone the property as choosing. As you know, the planning community is against this type of zoning, and creates inconsistent development types and lacks community character. This rezoning is providing unjustified special treatment that benefits the developer/applicant, while undermining the pre-existing rights and uses of adjacent property owners. Again, this is a clear instance of spot zoning. 4. Open space requirements Based on the early site plan, the development footprint does not meet the Open Space and Park Lands requirements in accordance with Bozeman zoning design standards and an in-lieu fee program should not be used in this instance. The applicant needs to account for stormwater and parkland and should not be overlapping in use. This area is a known wildlife corridor between Story Mill and the Bridger foothills and development and density should account for this. Recognizing that this parcel will be developed, I implore the City consider the above items and impose on the developer during this annex and zoning process the following recommendation to ensure a safe and smart development of the Canyon Gate Property: 1. Zone the property as R-1 (low density), R-2 (moderate density) and/or R-3 (medium density) zoning at the maximum to match the abutting neighborhoods. 2. Limit height restrictions to 30 feet to protect the viewsheds of neighbors. Many medium and high-density complexes are known to exceed 36 feet and this type of development would have significant viewsheds impacts of the Bridgers and immediate area. 3. Ensure open space requirements set forth in Table 38.320.030.C of the Zoning Ordinance without the use of the in-lieu fee program. 4. Design roads that meet the needs of the immediate area as well as the proposed development. We urge you to deny the proposed rezoning, and request the developer revise their application to an R-1 or R-2 zoning with a limited maximum a R-3 zoning density and adhere to the above- mentioned recommendations. Nearly all residents in the surrounding neighborhoods are wholly opposed to the addition of high-density (R5), multi-family housing and mixed commercial use (B- 2M) and envision this application will receive a great deal of opposing comment. Sincerely, Sean Casto 1451 Maiden Spirit Street Bozeman, MT 59715 207-272-2335