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HomeMy WebLinkAbout10-17-22 Public Comment - K. McBee - Site Plan 22047From:Kelly McBee To:Agenda Cc:Lynn Hyde Subject:Site Plan 22047 Date:Monday, October 17, 2022 8:20:44 PM 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. Dear City Commissioners, Members of the Community DevelopmentBoard, Community Development Directors, and Planning Department Staff: Please disallow this proposed site plan as it does not follow the intent of thePUD and disregards multiple requirements As a member of Ellis View Homeowners Association, I want to emphasize that I am not opposed to the development of Lot # 2, Sundance Springs Neighborhood Services. However, the current City of Bozeman Commission must follow the rulesand covenants ordered by the 1990’s era City Commission when the PUD wasadopted. I am writing to express my concern about Site Plan 22047, which is currently under review. Overall, the design outlined in the site plan does not reflect the requirements of the site’s covenants, to which the city is a party. The plan is notcompatible with requirements of the Sundance Springs PUD, including therequirement for sidewalks along the South Third frontage. Finally, the requested departures from the block frontage standards, which I oppose, do not meet the approval criteria outlined in the Bozeman Development Code. Specifically, first, this development bills itself as contributing to the walkability of our city, yet there is no provision for, or even room allotted for sidewalks to beinstalled along South Third Avenue. When development is allowed to proceed without sidewalk installation, the future walkability of our city is degraded. Allowing this development to proceed without sidewalks on South 3rd will prevent the future continuity of sidewalks in our neighborhood as more land is developed. Second, both the site covenants and the PUD designate this site’s zoning as B-1 Neighborhood Services District, according to the 1992-era zoning. Yet the site planis incompatible with both the covenants and the requirements of the NeighborhoodServices District. As a resident of the City of Bozeman, I expect the city to adhere to the orders of the 1990’s era City Commission. In this case, the Commission ordered that the city be a party to the site covenants. Therefore, I expect the city tofollow the requirements of the covenants, and to enforce the covenants per theauthority of BMC 38.100.100. The current site plan ignores the following requirements of the covenants, which also stipulate that the 1992-era zoning requirements are in effect. I ask that theseviolations of the covenants and 1992-era B–1 zoning be rectified in the plan before it is approved: 12. requirements for traditional gable, hip, and shed roofs 13. siding requirements (which preclude buildings with glass walls) 14. maximum building size limits of 5000 square feet. 15. parking requirements outlined in Chapter 18.50 of the 1992-era zoning 16. 25-foot front and 20-foot rear set backs 17. Foundations that are constructed “high” to avoid problems with high ground water 18. Outdoor lighting design restrictions outlined in the covenants 19. Requirements to design of buildings that avoid the appearance of commercial development (per the covenants) and maintain residentialcharacter (per B-1 Neighborhood Services District) Especially disconcerting is the inclusion of a 2000 square-foot patio and otherstructures that would facilitate outdoor business use. The 1992-era B-1 Neighborhood Services District set the expectation that all business uses be confined within buildings. I, as a neighbor who lives within a short distance of thisdevelopment, expect those zoning requirements to be enforced to maintain thetranquility and residential character of our neighborhood – which is the stated intent of the B-1 Neighborhood Services District requirements. Allowing a 2000 sq ft patio would simply create a source of continuing future conflict between business owners, who would want to use the patio for outdoor business purposes, and residential neighbors, who have the right to the undisturbedpeaceful use of our property written into the covenants. Designing a building to support outdoor activities under zoning that presumes uses fully enclosed within buildings seems disingenuous. Third, the current block frontage standards of the Municipal Development Code require that the buildings front the streets and that the parking be behind or to theside of the buildings. The site plan is requesting multiple departures from the block frontage standards. I am opposed to the approval of any of these departures on the grounds that they don’t meet the required approval criteria. • The approval criteria require that the building placement be compatible with thesurrounding area. The buildings are incompatible with the surroundingneighborhood because they do not comply with the design requirements of the covenants. Allowing these buildings to be placed away from the street will only compound the incompatibility and magnify the impacts on ourneighborhood because the incompatible buildings will be closer to residencesand will encroach even more on our neighborhood’s open space. • The approval criteria require that any departure improve the character of thestreet front. Placing parking lots along 100% of our neighborhood street frontages, including the corner of South 3rd and Little Horse Drive, represents adegradation of the street front, especially when considered in comparison tothe alternative intended by the covenants and PUD: a street-front building that complies with the building design guidance and mandated 1992-era B-1 zoning. In summary, the 1990’s era City Commission ordered that the City of Bozeman is aparty to the covenants associated with the Sundance Springs Commercial lots. Inmaking this order, the Commissioners expected the city to be bound by applicable terms of the covenants and empowered the city to enforce the covenants. As a resident of the City of Bozeman, I expect the city to abide by the covenants agreed to by the city in the PUD and exercise its authority to enforce the covenants towhich the developers agreed when they purchased the property. The intent of the PUD and covenants are clear. Development on this lot is to occur in compliance with the 1992-era B-1 Neighborhood Services District and other restrictions outlined in the covenants. Further, the requested departures from the block frontage standards do not meet therequirements of being compatible with the surrounding area nor enhancing the character of the street (BMC 38.510.020.F.1.d) and therefore should be denied. Thank you for considering my comments. Sincerely, Ellis View Loop Homeowner Bozeman, MT Sent from my iPhone