HomeMy WebLinkAbout03-18-24 Public Comment - S. and P. Nistler - Baxter 80, App 23208 bt -oar_ Z
Date: March 10, 2024
ATTN:Tom Rogers
RE: Initial Opposition to Application#23208—Baxter Annexation and Zone Map Amendment
Address: Stephen and Patricia Nistler
1265 Baxter Creek Way Unit C
Bozeman, MT 59718
Dear City of Bozeman Commissioners,
We received a notice of a proposed annexation and associated zone map amendment application
(23208)and reside at an adjacent property 1265 Baxter Creek Way, Unit C, Bozeman, MT 59718
with sole ownership of one of the units in the Creekstone Association. In light of the application's
R-4(Residential High Density)and R-5(Residential High Density—Mixed) initial zoning
designations,we will be filing a protest to these proposed zoning designations and respectfully ask
the City Commissioners to reject these designations based on the following inconsistencies with
the surrounding medium to moderate density neighborhoods and character of the property
containing significant wetlands and request that the City Commissioners ask the developer to
modifythis proposal in the following ways to better align with the Bozeman Community Plan.
The Proposal Would Create a Lack of Transitionary Zoning and Zoning Imbalance:Although we have
pockets of R4(Residential High Density) designation scattered throughout the Laurel Glen
Homeowners Association and neighborhood,the density consists of two-story apartment buildings
that blend in well with the other two-story housing types that have setbacks from roads and
sidewalks. To maintain consistency with the character of our neighborhood and R3 zoning
designation,we request that a significant south portion of this proposal be R3 and limited to two-
story dwellings with setbacks and small yards to maintain this moderate to medium density.
Moreover,the immediate or extended area and neighborhood does not include any commercial
businesses and we would be adversely impacted by traffic and noise originating from customers to
and from these unknown types of businesses.The nearest business is approximately a mile in each
direction with the Slate storage business to the west already shining bright stadium lights to the
east which is an unfair nuisance at night that we experience on a daily basis.
As this example illustrates, businesses do not always make good neighbors and there are
legitimate and valid reasons for separating them from residential neighborhoods. Today's coffee
shop and restaurant becomes tomorrow's pawn shop and erotic boutique.Therefore,we request
any commercial businesses be located north of the property along Baxter Lane far away from
residences who may have chosen their home in Laurel Glen many years ago knowing there would
be no commercial businesses nearby.
An R3 designation along the southern border of this property would create a much needed
transitionary buffer or taper between the high density of R4 and R5 thereby generating that
coexistence between the two varying densities.
In the Laurel Glen HOA,we are blessed with Boulder Creek Park along Baxter Creek for this
purpose and the residents of The Lakes at Valley West have a similar refuge along Baxter creek to
the north.To further extend a corridor of well-being and green space for the future residents of this
development as well as neighboring developments,we request that the developers of this property
and developers of the adjacent properties create a large park from Oak Street and continue to
Baxter Lane along Baxter creek and from Durston Street to Baxter Lane along Ajacker Creek with
walking paths and reserve the wetlands on this property as open green space to maintain a "high-
quality environment"for the future and existing residents of this area.
As the Bozeman 2020 Community Plan states, "gathering places and open spaces, including parks
and traits, should be in convenient locations to those they serve" (Bozeman 2020 Community Plan,
p. 20) Failure to uphold this fundamental City responsibility function will deny the future residents
of this development equal access to green space and place the burden to provide it, including
costs to maintain and upkeep,to the residents of the Laurel Glen homeowners association as the
numerous residents of a high density development will seek out our parks without contributing
their own maintained park for all of our well-being. In sum,this could raise serious equal access,
cost burden, and uneven application of the regulations and rules issues that a court may need to
resolve on behalf of Laurel Glen HOA residents and thus delay the development of potential
intended affordable housing for these future residents, if that is truly the underlying justification for
an R4 and R5 high density mixed-use designation.
Thank you for taking my concerns into consideration and for using the public's time to fully read
this protest letter. I, alongwith myfellow neighbors and Laurel Glen HOA members,eagerly await
your decision on this very important matter that will radically affect and upend our lives.
Sincerely,
Stephen A. Nistler
Patricia F. Nistler
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