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Home My WebLink About01-29-22 Public Comment - C. Anderson - Application 21161 Zoning Map Amendment for the 2303 South 3rd Avenue annexationFrom:Carol Anderson To:Agenda Subject:Application 21161 Zoning Map Amendment for the 2303 South 3rd Avenue annexation Date:Saturday, January 29, 2022 9:30:23 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: 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: CBJ LLC Proposed site: 2303 South 3rd Bozeman MT Legal: S24, T02 S, R05 E, TRACT IN NE COR NE4NE4 1.0AC Project Description: Annexation of 1.17 acres and amendment of the City Zoning Map forthe establishment of a zoning designation of R-3 (Residential Medium Density). Project Location: 2303 South 3 Avenue and more accurately described as Tract 1 ofCertificate of Survey 3052, located in the Northeast One-Quarter (NE 1/4) of Section 24, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, MT. Theannexation 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 thecity 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 rd is more appropriate since the property is surrounded entirely by R-1 zoning district. Single ortwo 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 ProposedZoning). S3 Lofts Owner: CBJ LLC Proposed Site: 2303 South 3rd Bozeman, MT Legal: S24, T02 S, R05 E, TRACT IN BNE COR NE4NE4 1.0AC Paragraph 1: Last, adjacent 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 residenceuse 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 andPublic 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 compatiblewith 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 totallyincompatible. According to the Bozeman Code of Ordinances> Article 5 – Project 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 3 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 StatementsSec. 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 areaswithin the city that are primarily residential in character and to set forth certainminimum standards for development within those areas. All development is subject to section 38.100.050. Residential density iscorrelated 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-1 residential single-household low densitydistrict is to provide for primarily single-household residentialdevelopment and related uses within the city at urban densities, and toprovide for such community facilities and services as will serve the area'sresidents while respecting the residential character and quality of thearea. B. Will the new zoning secure safety from fire and other dangers? No, “The project is easily accessed from south 3rd by local fire stations, and has space around the area to safely accessthe property with higher density proposed.” No, No, No!!!!! There is very little space for thefire fighting equipment or other equipment to access this one acre lot because of the proposedsize of this development. Access to this property will NOT be allowed through Overbrookproperty on the west or south. C. Will the new zoning promote public health and safety? No, The proposed constructiondevelopment will only allow pedestrian access on the east. The pedestrian access would be along south 3rd from Kagy to Graf and is a street with high density traffic. NO access wouldbe given to pedestrian traffic through the Overbrook Condominium Owners Associationproperty which abutts the property to the west and south. There is no sidewalk from the development. There are currently no sidewalks on South 3rd atall 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 bothsides 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 privateproperty belonging to the Overbrook Condominium Owners Association. Any pedestriantraffic will be forced to walk on the narrow shoulder of a very busy road. Any sidewalkprovided on the frontage of the lot will not connect to anything other than the narrow shoulderof the road, which creates a safety hazard for pedestrians and vehicles. D. Will the new zoning facilitate transportation, water, sewage, schools, parks and otherpublic requirements? No, 1. Transportation: This property will have access only from the very highly trafficked street of South 3rd. 2. Sewage and water: We have lived in Overbrookfor 10 years and we continually have problems with the sewer system and a very high watertable 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 forthe private homes bordering this property. The size and design of the development will towerover the farm to the north, and the private homes to the east and south. F. Will new zoning have an effect on motorized and non-motorized transportation? Yes, The added motorized traffic from this development onto south 3rd would be a huge traffic hazard. Non-motorized and motorized traffic will only be allowed access from south 3rd which is avery, very busy street. It is a main access route for this part of Bozeman. No non-motorized ormotorized traffic will be allowed entrance to the west or south of this property as it is ownedby the Overbrook Condominium Association. G. Does the new zoning promote compatible urban growth? No, Just because OverbrookCondominiums is a multifamily development doesn’t mean another multifamily developmentwould be good urban growth. People cannot have good quality of life when they are living inan anthill. When more people are living in an area, there is more noise, lights, and traffic bothmotorized and non-motorized. Quality of life has to be included when considering urbangrowth. Overbrook Condominiums are unique because the developer changed his design to allow formore open space on the south by building only the two single family homes. This left moreopen space to better compliment the community of single family homes to the south. He hadoriginally 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 WestridgeDrive 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 Welooked up the value of those condominiums. At $800,000 per condominium, that is a $4000 amonth 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 thatneighborhood. The two older multifamily developments to the west of the CBJ LLCdevelopment do compliment the neighborhood and they fit into the design of the other oldersingle family homes in the neighborhood. Concerning the barn and house to the north of 2303 S. 3rd, it is our understanding that theowners, 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. 3rd compared to the similar style of development at 3rd and Peach. They are not compatible. The proposed structures will overwhelm the localcommunity houses.     I. 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 notcompatible. The lot should remain R-1 zoning. The proposed design is too big for the one acreparcel. The bigger problem results when these units become rentals with more vehicles thanthe property allows for parking. The extra cars would not be able to park on the busy street ofSouth Third. The increased traffic, light, and noise would be a detriment to the neighborhood. ******Some of us have lived in the Overbrook Condominiums for over ten years. We arevery aware of all of the problems that result with too many cars and not enough parkingspots. We only have one extra parking spot for each condominium unit separate from thedriveway 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, Aswas mentioned under H. with descriptions and photos, the size and design of the buildings inthis development would not compliment the design of the Overbrook Condominiums or any ofthe single family homes adjacent to this property. K. Does the new zoning encourage the most appropriate use of the land throughout thejurisdictional area? NO, R-3 zoning is not appropriate for such a small piece of property in anestablished community of R-1 zoning. There are many, many large apartment complexes inthe area that have been built and that are being built with access to sidewalks and trails thatwill “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 bezoned 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; bozonedave@gmail.com Carolyn Hopper: 411 Overbrook Dr., #31; 406-570-5482; cowgirl@bresnan.net Carol Anderson: 411 Overbrook Dr., #29; 406-600-9494; skicarol@gmail.com Patricia Sava: 409 Overbrook Dr., #27; 415-215-8577; savadesigns@gmail.com Denise Margetts; 409 Overbrook Dr., #25; 406-570-6486; dbmargetts@gmail,.com