HomeMy WebLinkAbout10-28-22 Public Comment - A. Zale - Public Comment on Site Plan 22047_ Sundance Springs Neighborhood Services Lot # 2 DevelopmentFrom:Zale, Alexander
To:Lynn Hyde
Cc:Agenda
Subject:Public Comment on Site Plan 22047: Sundance Springs Neighborhood Services Lot # 2 Development
Date:Friday, October 28, 2022 6:31:49 PM
Attachments:Zale Public Comment Project 22047.pdf
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Dear Ms. Hyde,
Attached please find my letter concerning the above named site plan application.
Please forward it to the Bozeman City Commission, the Bozeman Community
Development Board, the Bozeman Community Development Directors, and the
Bozeman City Planning Department. Many thanks!
Sincerely,
Alexander V. Zale
366 Peace Pipe DriveBozeman, MT 59715
cell 406-580-9864
zale@montana.edu
Alexander V. Zale
366 Peace Pipe Drive
Bozeman, MT 59715
28 October 2022
To: Bozeman City Commission
Bozeman Community Development Board
Bozeman Community Development Directors
Bozeman City Planning Department
From: Alexander V. Zale
366 Peace Pipe Drive
Bozeman, MT 59715
RE: Public Comment on Site Plan 22047: Sundance Springs Neighborhood Services Lot # 2
Development
Dear City Commissioners, Members of the Community Development Board, Community
Development Directors, and Planning Department Staff,
I look forward to seeing the vacant lot here in Sundance Springs developed commercially as
originally intended. It is a great location and development of it will serve our community well.
However, it needs to be developed as originally prescribed by the City Commission and in
accordance with our covenants, which we residents expect. The proposed development does
not fit the intent of the subdivision's Planned Unit Development (PUD) and it disregards the
applicable requirements. I have the impression that the current proposal is being rushed
through under pressure from the developer by overworked city staff unaware of the applicable
history and requirements associated with this property. I am confident that if staff were aware
of the relevant City Commission orders, PUD, and our covenants that they would not have
allowed the application to progress to this point. My letter is submitted to inform you of these
issues and the inappropriateness of approving this proposal in its current form. I therefore urge
you to act at this time to deny approval given these numerous problems and issues.
For example, the proposal lacks sidewalks along South Third Avenue, which are required by the
PUD, and therefore limits walkability. Sidewalks should have been constructed there decades
ago (“Upon the third anniversary of the plat acceptance for Sundance Springs Subdivision Phase
1B, any lot owner who has not constructed a sidewalk across their lot(s) frontage(s) shall
without further notice construct sidewalks for their lot(s) regardless of whether other
improvements have been made on the lot(s),” but pedestrians now walk along the shoulder
there regularly, putting their safety at risk. That risk will only get greater when the site is
developed.
Both the site covenants and the PUD designate this site’s zoning as B-1 Neighborhood Services
District according to the 1992-era zoning. However, the site plan is incompatible with both. The
city must adhere to the orders of the 1990s era City Commission. In this case, the Commission
ordered that the city be a party to the site covenants. Therefore, I expect the city to follow the
requirements of the covenants, and to enforce the covenants per the authority of BMC
38.100.100. The proposed development violates a number of our covenants:
Requirements for traditional gable, hip, and shed roofs (the proposed development has flat
roofs).
Siding requirements (which preclude buildings with glass walls as proposed).
Maximum building size limits of 5000 square feet.
Parking requirements outlined in Chapter 18.50 of the 1992-era zoning.
25-foot front and 20-foot rear setbacks.
Foundations that are constructed “high” to avoid problems with high ground water (which I can
attest to personally given the flooding of my crawl space before I installed a sump pump).
Outdoor lighting design restrictions outlined in the covenants (all of our outdoor lighting is
directed downwards to preserve the beauty of the night sky).
Requirements to design of buildings that avoid the appearance of commercial development
(per the covenants) and maintain residential character (per B-1 Neighborhood Services District).
Also at issue is the 2,000 square foot outdoor patio (which would conflict with our right to the
undisturbed peaceful use of our property written into the covenants if it were used by
restaurant or brewpub patrons). Moreover, the 1992-era B-1 Neighborhood Services District set
the expectation that all business uses be confined within buildings.
Finally, the proposed development departs from the city’s Block Frontage Standards, which are
designed to ensure that developments meet basic requirements for maintaining aesthetics of
street frontages. The buildings do not front the street, parking is in front of the buildings, more
than 50% of the street frontage is occupied by parking, and parking fronts a street corner; all of
these violate the standards.
Clearly, a large number of issues prevent this proposal from moving forward in its current form.
However, all of them can be readily addressed. I urge you to deny approval of the proposal and
request that the developer submit a revision that conforms to the requirements. The City of
Bozeman is a party to the Sundance Springs covenants as ordered by the City Commission. It
must therefore abide by and enforce the covenants on the site.
Sincerely,
Alexander V. Zale