HomeMy WebLinkAbout02-27-24 Public comment - T. Bell - Baxter 80 Protest Letter h
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Date: February 17t", 2024 FjolI--7.1-7"K
RE: Signed, Printed Protest Letter for Baxter 80 Annexation and Zone Map Amendment,
Application 23208
Attn:Tom Rogers
Trevor and Sara Bell
5785 Saxon Way, Unit B
Bozeman, MT 59718
Dear City of Bozeman Commissioners,
As an adjoining landowner to the property subject to annexation and proposed as R4-
Residential High Density and R5- Residential High-Density Mixed Use, I wish to invoke my right
to protest this zoning designation applied for by the developer and strongly urge the
Commissioners to adopt one of the alternatives to approving:
(2) Approve the application with modifications to the recommended zoning by including
a R3 moderate to medium zoning to the south of the property along with protected
wetland parks and isolate the R4 and R5 designation to the north of the property where
no residential neighborhoods currently exist along Baxter street
or
(3) Deny the application based on findings of non-compliance with applicable criteria
contained within the staff report
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.
During a recent January 23rd City Commission meeting that featured a failed 3-2
supermajority vote on a similar proposed property annexation (App. 23127) and R4 high-
density zoning designation, the proposal was questioned and ultimately rejected, in part,
because it lacked transitionary zoning that buffered the surrounding lower density zoned
neighborhoods with Commissioners stating the following to this effect:
Commissioner (Mayor) Cunningham stated: "If I were designing this zoning request, I would
sort of bake in a little bit more hard stops around the edges so I'd like to see a zoning
transition....maybe R3 moving to R4 towards the east.........we can send signals to the developer
saying we want you to work with the neighborhood and we want you to make sure there is a
feathering...buffering etc. but we cannot require that at this time."
Commissioner (Deputy Mayor) Morrison stated: "I have some concerns with the way it relates
to sensitive wetlands in the area.......I would similarly like to see if there is going to be tapering
from REMU to Watts lane to Hidden Valley, why not make that in the petition,this part R4, this
part REMU,this part R2 etc. etc. With that in mind, I really just, I don't......this isn't necessarily
on this plan, but 1 just really disagree with idea that there isn't anything to talk to your
neighbors about until you have a site plan."
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 proclamations for importance of including
"buffering," "tapering" and "feathering."
Additionally, another valid reason this proposed designation does not align with these 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 51n,
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.
Community Development Board member Chris Egnatz also cited the low walkability score in his
no vote for this proposed zoning designation as these residences would be far away from any
major employers now or into the foreseeable future which would raise concerns about best use
to reduce reliance on vehicle transportation. On page 25 of the Staff Report, it states that:
"Although there is an evolving commercial area at the intersection of Oak and Cottonwood
associated with Northwest Crossing development, it is unlikely it will support sufficient
employment to serve this development" (Staff Report, p. 25)
Yet 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).
To meet affordable housing needs, I would also propose that any single-family homes in this
medium-to-moderate density neighborhood on the southern portion of the property include
pre-established ADUs for affordabie rental opportunities.
In sum, I do fully understand that as Commissioners you have the difficult task of balancing the
housing needs of the community with the financial interests of the developer and the needs of
existing homeowners. For the reasons laid out in this protest letter, alternatives (2) or (3) called-,,
. r �
for at the beginning of this letter would better strike that balance by injecting a buffer or taper
of transitionary zoning with the addition of protected wetland parks that promotes more
compatibility with our more moderate to medium zoned neighborhoods as called for in the
Bozeman Community Plan and criteria(c) promotion of compatible urban growth while still .
meeting the goal of providing a "diversity of housing types" for people of all income levels and
in various stages of life.
Our Laurel Glen neighborhood contains a mix of housing types that blend well together with
setbacks and space with single family homes transitioning to single story duplexes to two story
triplexes to two story apartment buildings where construction workers live next to college
students who live next to single parent households who live next to retirees who live next to
two parent families raising children. I am making a reasonable request that you grant us
breathing space and continue this same residential neighborhood character that balances all
needs in accordance with the growth plan to the property under consideration.
Respectfully,
Trevor L. Bell & Sara R. Bell