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HomeMy WebLinkAbout01-26-22 Public Comment - W. Klenn - Protest of South 3rd Annexation and ZMAWilliam Klenn January 26, 2022 408 Overbrook Drive Bozeman, 59715 ATTN: Tom Rogers City of Bozeman Department of Community Development Bozeman City Clerk 121 N Rouse Ave. Bozeman, 59715 Bozeman City Commissioners, My name is William Klenn, owner of the property at 408 Overbrook Drive and an adjacent (within 150 ft) landowner to the proposed South Third Annexation. The developer CBJ LLC is proposing an R-3 designation for the Zone Map Amendment (ZMA) - application 21161 - for their single parcel at 2303 S Third Ave. Thank you for taking my comments. I’m writing to protest the R-3 Zoning proposal. I disagree with some of the findings of the Staff Report for the 21161: South 3rd Avenue Annexation and Zone Map Amendment. The reasons for my protest follow, listed by Zoning Criteria: Regarding Criteria C. Promote public safety, Criteria D. Facilitate the provision of transportation, and Criteria F. The effect on … non-motorized transportation systems: R-3 zoning in this instance does not address the above criteria in respect to people, some of whom are young children, who walk or use a bicycle for transport. The parcel is surrounded on three sides by private land; the only pedestrian/bicycle access is on/via South 3rd which has no sidewalk, curb, or gutter for the quarter-mile from Kagy Blvd. to Westridge Dr. There is a bicycle lane on the east shoulder of S. 3rd but it is not maintained and is adjacent to automobile traffic. The lane/shoulders are very often impassable due to being covered with branches/sticks/leaves in the warmer months, and snow and ice in the colder months. Forcing pedestrians/bicyclists to choose between traveling on the debris/ice covered shoulder or in the automobile traffic lanes does not promote public safety. When asked at the January 3rd Community Development Board meeting about plans for pedestrian improvements for that stretch of S. 3rd, city planner Tom Rogers said that section currently is not slated for upgrades in the next 5-year or 10-year plans. Criteria G. Promotion of compatible urban growth. This section addresses the promotion of compatible development, and rightly mentions the widely varying opinions of what constitutes compatibility. It quotes Article 38.7 BMC on establishing a common reference for compatibility standards, defining them as being “in harmony with adjoining development” including elements of “architectural design”; … “scale; intensity; materials; building siting; lot and building size”. An R-3 designation on that property would allow an imposing, nearly solid, wall of structures up to 46-feet high, five feet from the property line of the adjacent properties. The houses on the properties on the south side are 16 feet tall, about 1/3 that allowed in R-3 zoning. That is in no way harmonious in architectural design, scale, intensity, building siting, or size. According to those standards, this R-3 ZMA does not promote compatible development. When we first learned of this development a group of us from the Overbrook Owners Association had a meeting with Bozeman’s Director of Planning and Community Development, Marty Matsen, and we discussed various ways the development might move forward. One option that surfaced was the possibility of dividing the existing parcel into 4 individual R-1 lots, which would allow 4 single family homes, each with an ADU for a total of 8 dwelling units on that parcel. 8 units is less than 11, but it would in my opinion be infinitely more compatible with the surrounding urban area. In a similar vein, the Overbrook Condo development where we now live was opposed by neighbors, and to address their concerns the impact of it was softened by having the buildings closest to the existing homes on Westridge Drive be smaller single-family houses, and then increasing the size of the buildings farther from the existing homes to multi-family structures. It was a reasonable compromise, and allows Overbrook to blend into the neighborhood. Likewise, these three sections - H. Character of the district, I. Peculiar suitability for particular uses, and J. Conserving the value of buildings describe aspects of character, suitability, and conservation but it seems to be considered only from the perspective of the R-3 area. Those characteristics of an R-1 development would be appropriate within an R-3 area, but the R-3 criteria are not appropriate in the surrounding R-1 area, and that is what most of the objections are about. Those characteristics should be also be considered from the perspective of the effects of the R-3 development on the R-1 neighborhood. Spot Zoning Rezoning the parcel to R-3 constitutes spot zoning. It is significantly different form the surrounding prevailing uses. It is small in terms of number of landowners benefitted. And, It would benefit one landowner at the expense of surrounding landowners. I’ve owned and lived in homes in the City of Bozeman for 45 years, believe in urban densities, and understand the needs and pressures for higher densities. It is appropriate to provide for new residents, but it is at least as appropriate to protect existing residents from unnecessary affronts. I contend that to approve this R-3 ZMA with the aforementioned pedestrian safety issues and lack of pedestrian connections to existing pedestrian walks and trails would be irresponsible. I urge you to reject the R-3 zoning recommendation and tone things down. An R-1 designation could still put 8 units on that property and achieve a medium density development that blends into the surroundings and be fair to the neighbors, many of whom have lived in the area for decades. This could be a perfectly acceptable alternative. Sincerely, William Klenn