HomeMy WebLinkAbout12-17-22 Public Comment - T. Brown - Sundance Commercial - I'm saying, no. Please don't develope this areaFrom:Brown, Tia
To:Agenda
Subject:Sundance Commercial - I"m saying, no. Please don"t develope this area
Date:Saturday, December 17, 2022 1:01:52 PM
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To:
Planning Department
City of Bozeman
From:
Tia and Bill Brown
1432 Kenyon Drive
Bozeman, MT 59715
To whom it may concern:
I am writing to express my concern over the Site Plan
#22047 in the Sundance Spring Subdivision. I truly feel this
development will take the neighborhood feeling from the
area. Families have paid hard earned dollars to for their
homes and this developmetn will cause the housing values to
drop. Who wants to raise a family next to a commerical
building. The neighborhood is peaceful and bueaturifl due to
the surrounding neighbors and open space. This area is my
favorite running area with my dog and a tranquil walk after a
long day or work. 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.
Thank you,
Tia