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HomeMy WebLinkAbout12-11-22 Public Comment - J. Baker - Comments on Site Plan #22047 in the Sundance Speings subdivisionFrom:Janine Baker To:Agenda Subject:Comments on Site Plan #22047 in the Sundance Speings subdivision Date:Sunday, December 11, 2022 8:28:44 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. To: Planning Department City of Bozeman From: Janine Baker 4459 White Eagle Circle Bozeman, Montana To whom it may concern: I am writing to express my concern over the Site Plan #22047 in the Sundance Spring Subdivision. I understand that the Approved Final Plan for the Planned Unit Development (PUD), which lays out the rules governing development on the site, has been misplaced and is not available. With respect to the PUD, Sec. 38.430.040.A.3.d of the Bozeman Municipal Code states that “Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan.” Using other documents (such as the original application for the PUD’s Final Plan) as a substitute for the Approved Final Plan is unacceptable. No document other than the Approved Final Plan would provide a record of the “conditions of approval.” Therefore, no other document can meet BMC 38.430.040.A.3.d, which requires the City to base permits on the approved final plan and conditions of approval. Further, I understand that the city has still not acknowledged that the 1998- era zoning applies to the site, despite the fact that the 1998-era zoning is specifically identified as the applicable zoning in the introduction to the PUD’s covenants. I would ask that the public comment period on this site be paused until such time as the City of Bozeman has: 1) found the Approved Final Plan for the PUD and made it available to the public for review, 2) acknowledged the applicability of the 1998-era zoning to the site; and 3) provided a copy of said zoning for public review. At that point, I would ask that a customary two-week public comment period be provided so that the pubic can review the proposed development against the applicable zoning. The public should not be left to guess what development criteria apply to a site, as has been the case during the current comment period. I ask that the city rectify the issues regarding the current comment period and ensure that the public has two weeks to comment after the applicable zoning and PUD's approved final plan have been made available for review.