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HomeMy WebLinkAbout02-26-24 Public Comment - L. Durham - Baxter 80 Protest Letter February 17th, 2024 Attn: Tom Rogers C/O City Clerlc 121 North Rouse Avenue PO Box 1230 Bozeman, Montana 59771-1230 RE: Signed, Printed Protest Letter for Baxter 80 Annexation and Zone Map Amendment,Application 23208 Dear City of Bozeman Commissioners, Thank you for the opportunity to give input on the proposed development. As owners of the property (5785 Saxon Way, Unit C) subject to annexation and proposed as R4—Residential High Density and R5, I'd like to make known my objections and concerns with the zoning designation applied for by the developer. Please consider either the denial of the application OR approval with modifications to the zoning designation to include the R3 transitional zoning buffer across from us. A few of my primary reasons for my objections are as follows (but not limited to): 1. A need to reduce abrupt transitions between zoning areas 2. It's use for this development is unclear, specifically for commercial use purposes (High density/ Mixed use purposes) in the future 3. A R4—high density and R5 high density designation—mixed use could substantially shrink the opportunity to create green spaces which can be cited as an example of one of the City's primary objectives The rest of this letter provides information in support of the aforementioned points. According to the Criteria and Guidelines for Zoning regulations from Title 76 Land Resources and Use, Chapter 2—Planning &Zoning Part 3, zoning regulations must be (a) "made in accordance with a growth policy" and "in the adoption of zoning regulations, the municipal governing body shall consider(c) promotion of compatible urban growth and (d) the character of the district and its peculiar suitability for particular uses. While this zoning designation is being made in accordance with a growth plan, the Bozeman Community Plan asserts that"the needs of new and existing development coexist and they should remain in balance, neither should overwhelm the other(Bozeman 2020 Community Plan, p. 20). Although we have pockets of R4 high density in our neighborhoods,the apartment complexes are smaller and limited to two stories with setbacks that blend well with more medium to moderate zoned areas and housing types of our neighborhood.As the staff report points out, "the present development zoned R-3 near the subject property is developed at the low end of the allowed intensity for the R-3 zoning district" (Staff Report, p. 38), therefore,an abrupt transition to R-4 (Residential High Density) and R-5 (Residential High- Density-Mixed)would threaten to overwhelm our more medium to moderate density neighborhood areas and housing types and would create an imbalance between the two-story character of our residences and the potential three to four story dwellings with the potential for out of place commercial businesses mixed in to the east of the property. To the east of Laurel Glen in the newer Northwest Crossing Development,these abrupt transitions are evident with three story buildings stacked on top of or right next to two story residences with not much space between sidewalks and buildings that Laurel Glen currently has.Another example of this abrupt transition is the four-story Oxbow apartment buildings on South Cottonwood right across from low density single-family homes. To protect us from these abrupt transitions between zoning areas, I urge you to also deny this application or approve with modifications to the zoning to include an R3 portion which aligns and is consistent with these prior statements and proclaimations for importance of including"buffering,""tapering" and"feathering." Additionally, another valid reason this proposed designation does not align with this criteria is the potential for misusing this land for commercial businesses with the R5—highest density, mixed use. During the initial Community Development Board meeting on Monday, February 5th,the representative for the developer claimed that they don't have the intention to build commercial businesses on this property with the exception of perhaps a small business, which raised many questions from the board as to why they requested this zoning designation.As I have argued in my initial public comment, imposing commercial businesses on our well-established residential family neighborhoods could lead to irreparable harm by locating businesses that come and go in our neighborhoods with little notice or ability to challenge them. There are valid and legitimate reasons to keep residential neighborhoods and commercial businesses separate. Today's coffee shop can become tomorrow's pawn shop or casino. Furthermore, City Planner Tom Rogers when asked about what types of businesses could potentially be located there, he provided a very vague, unsure answer that did not alleviate these concerns.At this time, there are no guarantees or assurances that this developer will not put commercial businesses on the R5 portion, nor is there any guarantee that the developer will sell this property to another developer once they receive this zoning designation who may be more inclined to harmfully insert commercial businesses in this area. Lastly, another reason to reject this zoning designation or approve with modifications to the zoning is that in the Bozeman Community Plan the City Responsibility section states that: "the City's primary function is to provide a safe, healthy, and high-quality environment.....The way a community is shaped through......... green spaces can contribute to the well-being of residents" (Bozeman 2020 Community Plan, p. 21). "The subject property is located within two identified drainage basins',the Upper Baxter Creek Sewer Basin and Aajker Creek Sewer Drainage Basin" (Staff Report, p. 28). Because the property contains significant wetlands that spread out from nearby Baxter and Ajacker creeks, a R4—high density and R5 high density designation—mixed use could substantially shrink the opportunity to create green spaces which contribute air and light for the well-being of residents and could prevent the creation of a protected green wetland walking corridor that extends from the Lakes at Valley West neighborhood through Laurel Glen neighborhood to this property and continue on to areas being considered for development to the north of this property. Looking at the nature of the wetlands on the property, a medium-to-moderate density neighborhood extending from the southern boundary to potential protected wetland parks in the middle, east and west of the property would create both the buffer and tapered transitionary zoning for our neighborhood and residences as well as provide access to a high-quality environment of green spaces for current and future residents of this property as called for in the Staff Report: "There is recognition of the role that a sense of place serves in Goal N-4. Neighborhoods do have physical attributes that help them be distinctive. In this case the presence of watercourse and sensitive lands there is an opportunity to create unique neighborhoods through a well-planned subdivision or site plan.........The site has wetlands and riparian areas running through the property.The City requires protection of wetlands. This requirement applies to all zoning districts. This will support additional light and air beyond what would otherwise be applicable on the site........and a park will provide a buffer between future development on this parcel and existing residential and agricultural uses" (Staff Report, p. 26, p. 29). Ultimately, the residents of Laurel Glen seek nothing more than a well transitioned, safe community with potential for access to green spaces. We are hopeful that you will consider our objections and respond accordingly to our request. Thank you in advance for your consideration. ina Z, am 6' ary 4Dul&7 Stargaze Family Holdings LLC Stargaze Family Holdings LLC 5785 Saxon Way, Unit C 5785 Saxon Way, Unit C Bozeman, MT. 59718 Bozeman, MT. 59718