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HomeMy WebLinkAbout05-26-23 Public Comment - D. Byrd - Re_ Thrift-way convenience and gas station on Baxter and DavisFrom:Dustin Byrd To:Nakeisha Lyon Cc:Agenda Subject:Re: Thrift-way convenience and gas station on Baxter and Davis Date:Friday, May 26, 2023 10:39:58 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. City of Bozeman Department of Community Development, Application # 22039: Special use permit approval for a 24hr thrift store on the NE corner of Baxter and Davis. I wanted to reach out again and address my concerns on the special use permit for application 22039. To extend the B-2 zone and approve a special use permit of a 24-hour convenience store across the street from a single-family home zoning district makes no sense and should be reconsidered. B2 = community Business District. The intent of B2 is to provide a range of mutually supportive retail and service functions, not a 12-pump gas station. Any retail would be a better fit than this choice, a market, coffee shop, small grocery store. all of these would be welcomed. The additional traffic to this already busy area, with the addition of fuel pollution, 24-hour light intrusions, 24-hour access to vehicles and 24 hours noise addition to the neighborhood will be unwarranted and unwanted. Again, not supportive of the area around the proposed site and should be reconsidered. The addition of 24-hour traffic and the sound that it will bring to a single-family home is unnecessary. The city development and planning should be pushing traffic towards the 19th not pushing traffic into residential areas. This area is zoned for mutually supportive retail and services, not a 24-hour gas station that will add traffic, light, noise, and pollution to the abutting areas of a single-family housing district. I believe you need to take into consideration that the special permit does not meet the requirements of: Sec. 38.230.120. - Special use permit. 1. …… adequate to properly relate such use with the land and uses in the vicinity. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include, but are not limited to: SECTIONS D, E, and G specifically mentioned in my comments above. This area has elementary school, middle school and high school kids crossing the street all the time on the way to school and pushing traffic into this area is not supportive of the Bozeman community. There is enough gas station in this area and approval to add another one is unnecessary for the city and community that you are supposed to be protecting and listening to. Also, if the city will not hear the comments and a gas station is going to go there no matter how many times we comment or disagree with it. Then the city should at a minimum be considering the following concerns: hours of operation and not allow operation past 10pm or even earlier. The light heights should not exceed 20’ and should be off by 10Pm. And the light brightness must meet the requirements of the neighborhood. There is no location in the city of Bozeman that has a gas station directly boarding single family dwellings especially at the size of this proposal, this should not be approved and should have never even been considered. Thanks Dustin Byrd On Tue, May 10, 2022 at 11:46 AM Nakeisha Lyon <nlyon@bozeman.net> wrote: Hi Dustin, Thank you for your comment on the Thriftway Super Stop Site Plan and Special Use Permit. The application is not currently under public comment as it is inadequate at this time and awaiting corrections from the applicant and their representative, however, your comment hasbeen noted for our records and forwarded to the representative to address or respond to if they deem necessary. The development of this business/service can be proposed and reviewed by staff under theapplicable processes we have in place for a personal and convenience uses such as a gas station with automobile fuel sales as a special use within this zoning district. Regarding the elementary school, the City has not received any formal plans or proposals forthe school site. This cannot be taken into consideration for implications to this subject property. From my understanding, the street light brightness was previously handled by theEngineering Department, however, I am following up on the status of these lights and if more is required of the City to address. In regards to excessive lighting, the City has specific requirements for outdoor lighting, timing of lighting, and maximum illumination standards which are applicable to this use and development, with sensitivity to the residential uses across the street and directly adjacent to the property, to limit and avoid any light emissions on adjacent residential areas (i.e. lights are downward facing, shielded, certain lighting must be turned off between 11:00 p.m. and 6:00 a.m, exception can be made, however, one was not requested within the application at this time, maximum illumination at the property line to not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way). The applicant is currently revising their lighting plans to ensure conformance with these requirements. In regards to fumes, the State of Montana Department of Environmental Quality and theEnvironmental Protection Agency have standards for underground storage tanks for these facilities in order to avoid spills, fumes, and other environmental hazards from impactingadjacent properties. The facility must be in conformance with these regulations. I will included your speed limit concerns along Baxter Lane to the Engineering Department. Thank you, and let me know if you have any further questions or concerns, Nakeisha Lyon, AICP | Associate Planner | Community Development City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2963 | E: nlyon@bozeman.net | W: www.bozeman.net/planning The City has enhanced our project intake process and will now be receiving all project submittals - New andRevisions, through ProjectDox. As a result of this transition in process, response times to inquiries may bedelayed. We understand the impacts any delay may create for your site development and we will make everyeffort to provide you with the highest level of customer service in a timely manner. We encourage you toreview our Development Center webpage and become familiar with the new intake process. Your patienceduring this transition is greatly appreciated. From: Dustin Byrd <dbyrd9914@gmail.com> Sent: Saturday, May 7, 2022 9:46 AM To: Alix Byrd <byrd.alix@gmail.com>; Planning <Planning@BOZEMAN.NET> Subject: Thrift-way convenience and gas station on Baxter and Davis 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. Bozeman Planning, The location suggested for a Thriftway gas and convenience store on thecorner of Baxter and Davis is very concerning for me and my family andhonestly doesn't make sense for a Bozeman neighborhood. Being that thereare two town pumps within a mile and also having Costco Gas within thatrange as well makes no sense. On top of this there are plans to build anElementary school near this location and having a gas station that close blowsmy mind that this would even be considered. The planning around our home has already changed so much in the almost 4years we have lived here. Roundabout to a traffic light, intrusive street lightsand now a gas station that would add fumes and more light intrusion wouldreally tarnish our neighborhood. The street light brightness along Baxter isalready overwhelming with the light intrusion into the neighborhood. We werepromised light shields and we hope to see those soon! Then, you have peoplegoing 40mph (50+) all the time on this road where there are constantly kidstraveling on bikes to middle school and Highschool. There have already beenmultiple serious accidents just behind our house and someone has alreadygone through a fence, please don’t wait any longer to take action andsignificantly lower the speed limit here (EVEN OAK which has 4 lanes is 35MPH). This whole area needs to be reconsidered and adding a gas stationwith more traffic and more light intrusion to the neighborhood is not the rightdecision. Please, we are urging you to not allow a gas station in ourneighborhood. Thanks Dustin Byrd City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. 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