HomeMy WebLinkAbout01-28-22 Public Comment - Overbrook COA - 21161 ZMA (R-3 Proposed Zoning) To: City Commissioners
Cyndy Andrus—Mayor
Christopher Coburn—Commissioner
Terry Cunningham—Deputy Mayor
Jennifer Madgic—Commissioner
I-Ho Pomeroy —Commissioner
Application 21161 Zoning Map Amendment for the 2303 South 3rd Avenue Annexation
S3 Lofts-Owner: CBJLLC
Proposed site: 2303 South 3rd Bozeman MT
Legal: 524, T02 S, R05 E, TRACT IN NE COR NE,4NE41.OAC
Project Description: Annexation of 1.17 acres and amendment of the City Zoning Map for the
establishment of a zoning designation of R-3 (Residential Medium Density).
Project Location: 2303 South 3rd Avenue and more accurately described as Tract 1 of
Certificate of Survey 3052, located in the Northeast One-Quarter (NE IA) of Section 24,
Township Two South (US), Range Five East(R5E), P.M.M., Gallatin County,MT. The
annexation and zone map amendment would also apply to the street adjacent to the property.
RE: Public Comment—21161 ZMA (R-3 Proposed Zoning)
Dear City Commissioners,
Our statement: We are not against development. We do believe this property at 2303 S. 3rd
should be brought into the city from the county mainly to put it on city infrastructure like the city
sewer system. We do not believe it should be zoned R-3,Residential Medium Density District.
R-1, Residential Low Density District or R-2, Residential Moderate Density District is more
appropriate since the property is surrounded entirely by R-1 zoning district. Single or two
household dwellings would be best on this property to compliment the R-1 zoning of the
community surrounding it.
The following comments are addressing the Project Narrative 21161 ZMA (R-3 Proposed
Zonin .
S3 Lofts
Owner: CBJ LLC
Proposed Site: 2303 South 31-1 Bozeman, MT
Legal: S24, T02 S, R05 E, TRACT IN BNE COR NE4NE4 LOAC
Paragraph 1: Last, adiacent to the west of the property is a series of 4 plex units that currently
transition to slightly higher density before turning into the single family residence use further
south. The lot proposed as R-3 zoning would be a continuation of the increased density from
the west running along the open space at the north border.
NO. This is SPOT ZONING which has typically not been supported by the City of Bozeman
Planning Department and should not be allowed. Zoning 2303 South 3rd as R-3 zoning is SPOT
ZONING a piece of property that is entirely surrounded by an R-1 neighborhood and Public
Lands/Institution. There is no R-3 zoning in this neighborhood,
A. Is the new zoning designed in accordance with growth policy? No Not when it totally
changes the character of the community. The design of the development is not compatible with
nor does it enhance the character of the adjacent Bozeman R-1 neighborhood. The scale of the
buildings for R-3 zoning versus the scale of the existing buildings would be totally incompatible.
According to the Bozeman Code of Ordinances>Article 5—Proiect design Division 38.500
Section 38.500.010-Purpose
D. Ensures that new developments within existing neighborhoods are compatible with, and
enhance the character of Bozeman's neighborhoods.
Enhance the livability of Bozeman's residential developments;
Maintains and enhances
BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 172 and Page 173 September 28, 2016 article
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ARTICLE 3. ZONING DISTRICTS & LAND USES 38.300 Zones, Maps & Designations
(Article 7)
FOOTNOTE(S):
--- (6) ---
State Law reference— Municipal zoning, MCA 76-2-301 et seq.
Part 2: Zoning District Intent & Purpose Statements
Sec. 38.300.100. — Residential zoning districts - intent and purpose. (38.08.010)
A. The intent and purpose of the residential zoning districts is to establish areas
within the city that are primarily residential in character and to set forth certain
minimum standards for development within those areas.
All development is subject to section 38.100.050. Residential density is correlated
with many community goals and objectives that are contained in the city's
adopted growth policy, as well as many standards and purposes of this chapter.
Table 38.320.020 sets standards for minimum densities in residential districts which
will advance these goals, objectives, and purposes.
2. ********The intent of the R-I residential single-household low density district
is to provide for primarily single-household residential development and
related uses within the city at urban densities, and to provide for such
community facilities and services as will serve the area's residents while
respecting the residential character and auality of the area.
R Will the new zoning secure safety from r1re and other dangers?No "The project is easily
accessed from south 3r1 by local fire stations, and has space around the area to safely access the
property with higher density proposed." No,No,No!!!!! There is very little space for the fire
fighting equipment or other equipment to access this one acre lot because of the proposed size of
this development. Access to this property will NOT be allowed through Overbrook property on
the west or south.
C. Will the new zoning promote public health and safety? No, The proposed construction
development will only allow pedestrian access on the east. The pedestrian access would be
along south 31 from Kagy to Graf and is a street with high density traffic. NO access would be
given to pedestrian traffic through the Overbrook Condominium Owners Association property
which abutts the property to the west and south.
There is no sidewalk from the development. There are currently no sidewalks on South 31 at all
on either side from Kagy all the way south past Graf, and there are no crosswalks either. Unless
the developer or the city are offering to build sidewalks and paint crosswalks on both sides of the
street,there will be no SAFE pedestrian access to the property from South Third. Again,there is
No pedestrian access at all from the west and south as that land is private property belonging to
the Overbrook Condominium Owners Association. Any pedestrian traffic will be forced to walk
on the narrow shoulder of a very busy road. Any sidewalk provided on the frontage of the lot
will not connect to anything other than the narrow shoulder of the road,which creates a safety
hazard for pedestrians and vehicles.
D. Will the new zoning facilitate transportation, water, sewage, schools, parks and other
public requirements? No, 1. Transportation: This property will have access only from the very
highly trafficked street of South 31d. 2. Sewage and water: We have lived in Overbrook for 10
years and we continually have problems with the sewer system and a very high water table
leading to continuous problems with water in our crawl spaces.
E. Will the new zoning provide reasonable provision of adequate light and air? No, Not for
the private homes bordering this property. The size and design of the development will tower
over the farm to the north, and the private homes to the east and south.
E Will new zoning have an effect on motorized and non-motorized transportation? Yes, The
added motorized traffic from this development onto south 31 would be a huge traffic hazard.
Non-motorized and motorized traffic will only be allowed access from south 31 which is a very,
very busy street. It is a main access route for this part of Bozeman. No non-motorized or
motorized traffic will be allowed entrance to the west or south of this property as it is owned by
the Overbrook Condominium Association.
G. Does the new zoning promote compatible urban growth?No, Just because Overbrook
Condominiums is a multifamily development doesn't mean another multifamily development
would be good urban growth. People cannot have good quality of life when they are living in an
anthill. When more people are living in an area,there is more noise, lights, and traffic both
motorized and non-motorized. Ouality of life has to be included when considering urban
vowth.
Overbrook Condominiums are unique because the developer changed his design to allow for
more open space on the south by building only the two single family homes. This left more open
space to better compliment the community of single family homes to the south. He had
originally planned to build the two level buildings which were built on the west and north. That
builder actually listened to the community of single home owners living on Westridge Drive and
changed his design.
H. Does the new zoning adopt a view of conserving the values of buildings?No, We have
driven by the development of CBJ LLC on South 3rd and Peach in Bozeman many times We
looked up the value of those condominiums. At$800,000 per condominium, that is a$4000 a
month mortgage payment. That is not filling a middle income need for homes. We are
assuming CBJ LLC would be building the same type of buildings at 2303 S. 3rd
The design of the building on South 3rd and Peach does not compliment or enhance that
neighborhood. The two older multifamily developments to the west of the CBJ LLC
development do compliment the neighborhood and they fit into the design of the other older
single family homes in the neighborhood.
Concerning the barn and house to the north of 2303 S. 3rd, it is my understanding that the
owners,Museum of the Rockies, will be using the farmhouse and barn as a repair shop and as an
educational center in the future. The development design for 2303 S. 3rd does not compliment
that property. Nor does the proposed design for the property at 2303 S. 3rd compliment any of
the single family home designs adjacent to the property.
Photos of comparable development at 3rd and Peach in Bozeman.
Houses on Westridge adjacent to 2303 S. 31 compared to the similar style of development at 3ra
and Peach. They are not compatible. The proposed structures will overwhelm the local
community houses.
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L Does the new zoning address the affected area's Peculiar suitability for particular uses?No,
The size of the lot and the proposed three bedroom, three bath, 12 unit development is not
compatible. The lot should remain R-1 zoning. The proposed design is too big for the one acre
parcel. The bigger problem results when these units become rentals with more vehicles than the
property allows for parking. The extra cars would not be able to park on the busy street of South
Third. The increased traffic, light, and noise would be a detriment to the neighborhood.
******Some of us have lived in the Overbrook Condontiniunts for over ten years. We are vetT
aware of all of the Problems that result with too many cars and not ertowlt Parkittz spots. We
only have one extra Parking spot for each condominium unit separate from the driveway and
garage Many extra cars have to park on the street on Westridge Drive
J. Was the new zoning adopted with a view of conserving the values of buildings?NO, As was
mentioned under H. with descriptions and photos, the size and design of the buildings in this
development would not compliment the design of the Overbrook Condominiums or any of the
single family homes adjacent to this property.
K. Does the ne►v zoning encourage the most appropriate use of the land throughout the
iurisdictiottal area?NO, R-3 zoning is not appropriate for such a small piece of property in an
established community of R-1 zoning. There are many, many large apartment complexes in the
area that have been built and that are being built with access to sidewalks and trails that will
"increase concentration of units near available infrastructure and discourage more resource
allocation toward the edges of the city". This 1 acre lot at 2303 S. 3rd should not be zoned R-3 to
satisfy high density housing in the city.
Sincerely,
The Overbrook Condominium Owners Association Board of Directors
Dave Richardson,President: 405 Overbrook Dr., #11; 406-209-5455; bozonedavegamail.com
Carolyn Hopper: 411 Overbrook Dr., #31; 406-570-5482; cowgirl gbresnan.net
Carol Anderson: 411 Overbrook Dr.,#29; 406-600-9494; skicarol@gmail.com
Patricia Sava: 409 Overbrook Dr., #27; 415-215-8577; savadesigns(kgmail.com
Denise Margetts; 409 Overbrook Dr., #25; 406-570-6486; dbmar efts o,gmaiL.com