HomeMy WebLinkAbout10-05-22 Public Comment - W. Gavin - Letter of Opposition Buffalo Run Application 21424Oct. 4, 2022
City of Bozeman Community Development Board
Re: #21424
Dear Board Members:
We are Renee & William Gavin, residing at 4929 Fowler Lane, Bozeman 59718. Thank you for taking the
time to read our comments on the Buffalo Run plan submitted to the City of Bozeman. While it is
regrettable that the city approved annexation of this property, the city now must address the short- and
long-term implications of this decision.
The following is a list of important and ongoing issues, which are explained further below:
• Transportation
• Coordination of Infrastructure
• Disruption of Ditch Conveyance
• Lack of Water Resources
• Inappropriate Transition With Existing Neighbors
1. Transportation
The most pressing implication is the fact that this development will add up to 1,000 or more new daily
vehicle trips along Fowler Lane into Bozeman via Stucky Road. All traffic using Fowler will have to turn
either east or west onto Stucky at the T intersection that is currently controlled by a single stop sign.
During the morning and afternoon peak commute hours, Stucky already has extremely heavy traffic and
it can take considerable time before one car can make a safe turn onto it.
When a sImilar increase in traffic at the 4-way stop at Stucky and Cottonwood led to the death of a
young mother nine years ago, the county had to expend considerable resources to put in a roundabout
to mitigate this dangerous intersection. It is imperative that the city work with the county now to
determine how the increased traffic flow at the intersection of Fowler Lane and Stucky will be safely
managed before this site plan is approved.
Before approving this site plan or allowing the developer to start any construction, the city is also
obligated to work with Gallatin County to address all issues associated with annexation of this property
into the city. It seems rather unfair that the county may have to absorb most of the costs for what is
essentially a city project. Additionally, it is awkward for a tiny stretch of Fowler fronting Buffalo Run to
be brought to city standards while the remaining stretch all the way to Stucky will not be.
The failure to adequately plan ahead of time will likely lead to increased friction between the county and
the city as in past few years, and issues and unknowns must be addressed now before any further
decisions are made regarding this development. The most logical requirement is to require the
developer to pay for all road improvements from his property to the corner of Fowler and Stucky since
he is the one who stands to gain significant financial rewards. This same requirement of having the
landowner assume the cost was put into place when a parcel of land on Stucky was annexed into the
city years ago. To date, those improvements were never made.
2. Coordination of Infrastructure
The city and county need to work together to determine that the existing sewer pipeline and water
pressure are adequate for these additional structures. If this has not taken place already, the developer
should be required to hire an engineering firm to determine whether the existing sewer lines will be
able to handle the additional load and that the water system will have adequate pressure and volume
for the structures that he is proposing.
We request that the city and county enter into written agreements that precisely detail an orderly
coordinated, and coherent plan spelling out which government entity is responsible for each stage of
this project, rather than leaving it to chance or the courtroom.
3. Disruption of Ditch Conveyance
There is an additional water rights issue related to the Middle Creek Ditch Company. The developer has
not reached any sort of agreement regarding the alignment necessary for relocating the ditch resulting
from his need to make road improvements. In Montana water rights carry significant legal weight. The
Middle Creek Ditch was built and used before Fowler Lane was formally recognized as a road. Its right-
of-way has primacy over any road expansion or development. If an agreement cannot first be reached
regarding the alignment of the ditch, the city should not allow the developer to press forward with his
plans.
4. Lack of Water Resources
Another critical issue that must be addressed is the matter of municipal water supply during drought
conditions that will worsen with climate change. The city continues to annex and approve large
developments without determining there is an adequate water supply for the future. The city has
instituted year-round watering restrictions for residents due to concerns about the supply yet the supply
problem will only continue to get worse. The drought last year emphasized the fact that the city does
not have adequate water for future development. This proposed development will add another demand
on our local water supply and the developer has no water rights to offer the city as an offset.
5. Inappropriate Transition with Existing Neighbors
Historically the city has encouraged maintaining “transition zones” that provide a buffer between
urbanized areas and agricultural/open space. One of the more contentious issues that arose during the
annexation deliberations concerned the appropriateness of high-density housing amidst the single
family homes in the subdivision to the east of Buffalo Run and the single family residences at farms
along Fowler Lane to the west. At the time, the developer claimed there would be a mix of single family
homes transitioning to high density housing moving west towards Fowler. Density should not increase
as one builds towards existing rural property. The plan submitted now does not show any single family
homes as the developer earlier claimed, and there is absolutely no transition zone moving east to west
through the tract.
We ask the Community Development Board to look back at the important comments made by George
Thompson, Chairman of the.Zoning Commission, at the March 21, 2021 hearing on this proposed
development in which he identified several issues with this proposed development:
“Technically this is an urban development, but it is certainly not in the spirit of what we
intended when we have the area so far removed from the core part of town. For so high
density, it goes against the whole spirit of the Growth Policy.”
“We just don’t have any way to see how we are going to pay for any improvements & the
problems that are going to happen. There’s no consideration for those & I think that’s
somewhat irresponsible on our part.”
****
Finally, the developer has not made any contact with some of the landowners along Fowler Lane who
would be severely impacted by this development & accompanying consequences. There have been no
plans discussed for allowing access in and out of the individual properties on Fowler Lane during any
construction on the road, and there has been no discussion regarding compensation for any
infrastructure that may be destroyed during road construction such as landscaping, fencing and trees.
Additionally, no plans are in place to allow safe transit of farm machinery, animals and other activities
related to agriculture. All of these unknowns must be addressed before giving the go-ahead,
Based on all of these factors and concerns, we strongly urge the community development board to table
approving the developer’s site plan application until all of these concerns are addressed and resolved.
Sincerely,
William and Renee Gavin
4929 Fowler Lane
Bozeman, MT 59718
From:William Gavin
To:Agenda
Cc:Danielle Garber
Subject:Letter of Opposition / Buffalo Run Application 21424
Date:Wednesday, October 5, 2022 8:56:19 AM
Attachments:buffalo run.pdf
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Hello,
Attached please find a letter with comments and our objections to the proposed site plan for this development.
Thank you for forwarding this to the members of the Community Development Board in advance of their meeting.
Sincerely,
Will & Renee Gavin