HomeMy WebLinkAbout06-09-23 Public Comment - J. Armer - project 22039 formal appealJustin Armer
3445 Lolo Way
Bozeman MT, 59718
armer14@gmail.com
Phone: 928-713-6155
6/9/2023
Bozeman City Commission
21 N. Rouse Avenue
Bozeman MT, 59715
Subject: Appeal Against the Eligibility of Special Use Permit for Gas Station at Baxter and Davis
Dear Bozeman City Commission,
I, Justin Armer, as the Board Liaison of the Crossings 2 Homeowners Association (HOA), am writing
to you on behalf of our residents regarding the proposed construction of a gas station at the intersection
of Baxter and Davis. As I’m sure you’ve been made aware through the 51 public comments submitted,
we strongly believe that granting a special use permit for this project would have detrimental effects on
our community, and we appeal for the reconsideration of its eligibility.
We want to be very clear, our opposition to the gas station construction is not a NIMBY (Not In My
Backyard) issue. We wholeheartedly welcome commercial development that enhances the community
and aligns with our neighborhood's character. The proposed gas station clearly does not meet these
criteria, and certainly does not meet the intent of the original B2 designation for in this specific
location.
We fully understand and support the need for commercial development in our city, recognizing the
benefits it brings to the local economy and the convenience it offers to residents. However, it is crucial
to ensure that any development intended for the residential area aligns with our community's vision and
values, and ultimately improves our neighborhood.
We firmly believe that granting a special use permit for a gas station at this location would have
adverse impacts that far outweigh any perceived benefits. Therefore, we urge the Bozeman City
Commission to carefully consider the following points:
•This proposal not only fails to meet Bozeman's city requirements for safe access, as mandated by
BMC 38.400.090, but it also disregards the potential hazards associated with its proximity to the
intersection of Baxter and Davis. As per BMC 38.220.080 on Traffic Generation, the traffic study
conducted does not account for the future increased traffic that will be added to Baxter Lane due to
the present and anticipated growth in the West of Ferguson area, as well as on Davis Street north of
Baxter. It is essential to consider that Northbound Davis Street is a narrow single-lane street, and the
ingress and egress of a gas station in such close proximity to the intersection can create unnecessary
hazards for motorists and pedestrians.
•Moreover, the presence of numerous gas stations in the immediate vicinity clearly indicates that the
proposed gas station cannot be argued to fulfill a public interest. The existence of several gas stations
in close proximity demonstrates that the community's fueling needs are already adequately met. We
would like to emphasize the following existing gas stations nearby as evidence
•Conoco, located at 1871 Baxter Lane, is within a 1-mile radius.
•Smith's Fuel Center, situated at 1400 N 19th Ave, Bozeman, MT 59718, is within a 1.3-mile
radius.
•COSTCO Gas Station, found at 2505 Catron St, Bozeman, MT 59718, is within a 1.3-mile
radius.
•Exxon, located at 2525 N 19th Ave, Bozeman, MT 59715, is within a 1.7-mile radius.
•Davis Street not only serves as an arterial street but also traverses a growing residential
neighborhood that would benefit more from the presence of "neighborhood" businesses rather than
another gas station.
In conclusion, we urge the Bozeman City Commission to prioritize its obligation to serve and protect
the best interests of the community by denying Application #22039 and the special permit required
under BMC 38.230.120 for the proposed gas station. Failure to do so may leave us with no choice but
to explore all available legal avenues to protect the well-being and character of the Crossings 2
community.
Thank you for your attention to this matter, and we trust that you will make a decision that upholds the
values and concerns of the residents of Bozeman.
Sincerely,
Justin Armer HOA Board Liaison Crossings 2 Homeowners Association