HomeMy WebLinkAbout10-21-22 Public Comment - J. Baker - Comments on application 22047From:Janine Baker
To:Agenda
Subject:Comments on application 22047
Date:Friday, October 21, 2022 8:06:03 PM
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Planning Department
City of Bozeman
I am writing to express my concern about the proposed Sundance Springs CommercialDevelopment, site plan number 22047.
The site plan fails to live up to the covenants governing the site. When weighed against the
development standards embodied in the covenants, yard sizes (setbacks) are inadequate,building sizes are too large, parking is inadequate, disallowed uses are proposed, and buildings
fail to meet design standards. Overall the development fails to meet the intended purpose ofthe covenants -- to maintain the residential character and property values of the subdivision as
a whole.
I am especially concerned about the provision for large outdoor patio space which will supportoutdoor business uses on the site. The 1996-era B-1 zoning cited by the covenants prohibits
outdoor business use on the site as a Principal use. I am against any and all Conditional UsePermits or other permission that might be granted by the city that would allow for outdoor
business use or alcohol consumption on the site. The proposed patio is not compatible withthe tranquility of our neighborhood.
By order of the City Commission in the 1996 Findings of Fact and Order that created the
Sundance Springs PUD, the city is a party to the covenants. I ask that the City enforce allcovenants under the authority granted by the Bozeman Municipal Code (BMC), section
38.100.100. The Sundance Springs commercial lot owners have not maintained theirAssociation and the developers are not abiding by their legal obligation to uphold the
covenants. The City of Bozeman is therefore the only enforcement authority for thecovenants, shy of the legal system. As a party to the covenants, I expect the City to abide by
and enforce the covenants.
I further oppose the requested departures from the City's block frontage standards, Placinglarge commercial buildings along the neighborhood's open space is not compatible with the
character of the surrounding residential neighborhood. Placing parking along 100% of thestreet frontages degrades the character of South Third Avenue. Therefore, the departures do
not meet the departure criteria listed in BMC 38.510.020.F.1.d.
Finally, I would ask that, before approval of the site plan, some sort of provision for sidewalksalong the South 3rd frontage be enforced, as is required by note 5 on the Sundance Spring
Subdivision Phase 1B Final Plat and by the aforementioned 1996 Findings of Fact and Orderof the City Commission.
Please deny application 22047 until such time as the site plan complies with the covenants, the
block frontage standards (without departure), and the Primary business uses (without
conditional use), and until the sidewalks provisions of the final subdivision plat are met.
Thanks for considering my comment..Janine Baker
4459 White Eagle CircleBozeman, MT 59715