HomeMy WebLinkAbout01-23-23 Public Comment - A. Adams - Redisent concern re. Site Plan #22047From:Alexandra K Adams
To:Agenda
Subject:Redisent concern re. Site Plan #22047
Date:Monday, January 23, 2023 10:58:03 AM
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To:
Planning Department
City of Bozeman
From:
Alexandra Adams
3408 Wagon Wheel Rd
Bozeman, MT 59715
Jan 23, 2023
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. I am a resident of the area living on Wagon Wheel Road and we will be directly
affected by the proposed development. I am very concerned that the increased traffic, noise,
and large area of pavement for parking will greatly disrupt the rural character of our area, its
tranquility as well as the environmental impact due runoff into the stream/water system and
have adverse effects on wildlife in the area. In addition, all of the residents and children in this
area as well as many visitors use this as an area of respite from noise and congestion and this
development would spoil this beautiful open space with its large outdoor patios and traffic.
There are also several issues which violate the Sundance Springs subdivision rules-these
include larger than allowable building size, setbacks not met, potential for spillover parking
from a large establishment which will cause traffic concerns, and the entire development is
entirely incompatible with the character of the area. There are many ideal locations for such a
large brewery, and in a residential neighborhood with rural character and trails is not one of
them. For example, there are areas in the research park area that would be ideal.
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.
Sincerely,
Alexandra Adams