HomeMy WebLinkAbout06-13-23 Public Comment - G. Poole - Site Plan #22047From:Geoffrey Poole
To:Anna Bentley
Cc:Agenda
Subject:[SENDER UNVERIFIED]Site Plan #22047
Date:Tuesday, June 13, 2023 4:59:50 PM
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Dear Ms. Bentley:
As you may be aware, there is a limited scope Public Comment period open regarding SitePlan #22047 on Neighborhood Services Lot #2 in the Sundance Springs Subdivision. Whilethis letter represents public comment, I am addressing it to you, as I understand that you arethe review and approval authority for Site Plan #22047. If this is not the case, I hope willforward this letter to the review and approval authority. My intent is to summarize as much ofthe extensive public comment as I can in a way that will be helpful in guiding the review andapproval or disapproval of #22047.
I have cc’d agenda@bozeman.net so that my public comment will be included in the record.
I would like to take this opportunity to comment on a topic included under the limited scopecomment period, the recent letters exchanged between the City to the applicant for Site Plan#22047. Specifically, I would like to address assertions in those letters that the Site Plan meetapplicable criteria for approval.
I disagree with the assertion made at various places in those letters that that Site Plan #22047can be approved under the applicable BMC. As you know, Site Plan #22047, in order to beapproved, must meet the criteria spelled out under 38.230.100. Below is an (likely incomplete)list of the ways that #22047 fails to meet those criteria.
Conformance with Chapter 38 of the BMC (pursuant to 38.230.100.A.2).
Site Plan #22047 fails to conform with the following requirements of Chapter 38 of the BMC:
BMC 38.100.040.A; BMC 38.100.040.B. The application endangers public health andsafety by providing only 41 parking spaces while creating a parking demand for 68,thereby creating an on-street parking demand for 27 spaces. The site is located onnarrow residential streets where any on-street parking could block passage ofemergency vehicles. As a result, the City Commission ordered that on street parking notbe allowed.
BMC 38.100.050.A. The Sundance Springs PUD is a lawfully adopted set ofdevelopment rules and regulations. The application fails to conform to the knownrequirements of PUD’s Master Plan and Development Guidelines. The application failsto conform to the assumptions of a Market Study required as a condition of approval forthe PUD, by order of the City Commission.
BMC 38.100.080.A. It is the obligation of the applicant to demonstrate compliance withall applicable standards. The applications fails at this task.
BMC 38.200.020.A. By approving #22047, the community development director wouldbe failing to enforce critical elements of Chapter 38 of the BMC.
BMC 38.250.060.E. The application does not successfully demonstrate how therequested departures from block frontage standards meet the purpose(s) of the standardand other applicable departure criteria that apply.
There is not a commensurate increase in storefront integration in exchange for therequested parking departure (BMC 38.510.030.C.3.c).
The visual impacts of the parking departure on the north trail frontage are notmitigated (again, BMC 38.510.030.C.3.c).
The application sates that buildings “would not match the low-densityagricultural/residential feel of the adjacent neighborhoods” and therefore wouldnot meet approval criteria for departure from block frontage standards (BMC38.510.020.F.1.d)
BMC 38.430.040.A.3.d. Approval under a PUD are based on the terms of an approvedfinal plan.
The approved final plan is missing and therefore the application can not beapproved based on the unknown terms of that plan.
The application violates dozens and dozens of known requirements of theapproved final plan’s Master Plan Map and Development Guidelines
BMC 38.510.020.F.1. The application was submitted before the applicant receivedpermission to build a trail extension on adjacent property. If permission is not granted,the application will fail to follow the required hierarchy of frontages on sites withmultiple frontages. The application does not request a departure from this requirement.
Conformance with other laws, ordinances and regulations (pursuant to 38.230.100.A.3)
Site Plan #22047 fails to comply with:
the Development Guidelines contained in Z-95125, the Sundance Springs PUD’spreliminary plan, as modified by and approved by the City Commission.
the PUD’s Master Plan Map found in Z-9812.
the 1992-era zoning incorporated by reference into the Introduction to the PUD’sDevelopment Guidelines.
the 1992-era zoning incorporated by the introduction to the declaration of “applicablecovenants” identified by the City.
the assumptions of a Market Study ordered by the City Commission.
Conformance with the project design provisions of article 5, including compatibility withthe adjacent neighborhood (pursuant to 38.230.100.A.7.a)
Site Plan #22047 fails to meet the architectural guidance contained in the PUD’s compulsoryDevelopment Guidelines. The architectural guidance was specifically created by the PUDdeveloper and approved by the City Commission in order to assure compatibility with theresidential areas in Sundance Springs. Site Plan #22047 proposes buildings that aredisproportionate to the neighborhood in architectural style, mass, size, and which are designedto support outdoors uses on a scale incompatible with the peace enjoyment of adjacent
recreational open spaces and residences.
Conformance with requirements for Phasing of items (pursuant to 38.230.100.A.12)
The Sundance Springs PUD is a “Master Plan and Development Guidance only” phased PUDdeveloped from 1996-1998 under 1992 BMC 18.54.080.A.3. Therefore the PUD required aMaster Plan under 1992 BMC 18.54.080.D.1. The PUD’s Master Plan Map (found in Z-9812)shows the required number, placement, size, and usage of buildings on the site. The MarketStudy required by the City Commission used the requirement of the PUD’s Master Plan Mapas the basis for it’s conclusion that 50% of the market for the Neighborhood Services Lotswould come from residences in the vicinity, which was a requirement imposed by the CityCommission in order to allow commercial development on the lot.
The Development Guidelines of the PUD were also put in place and approved by the CityCommission to ensure that the phasing of development under the PUD would comply with theconditions that were approved by the City Commission.
Remarkably, Site Plan #22047 would be the first development under Phase 1B of theSundance Springs phased PUD. There is no provision on the Master Plan Map for twobuildings, 12,000 sq feet of retail space, nor 3000 sq feet of outdoor business use areas(patios), or 41 parking spaces. The proposed buildings are in an unapproved location. The onlyallowed business use on the Master Plan Map on Lot #2 is retail. The Development Guidelinesrequire phased development under the PUD to adhere to the architectural guidance containedtherein and the 1992-era zoning requirement incorporated by reference in the Introduction tothe Development Guidelines.
In the end, the approval criterion mandated by 38.230.100.A.12 requires that the site complywith the Master Plan and the Development Guidelines of the Sundance Springs PUD. Theseare the elements of the PUD that address phasing – even thought the phasing of developmenthas spanned 25 years.
Summary
While I appreciate that the City might prefer to follow the more modern developmentguidelines, in this instance, the Sundance Springs PUD requires adherence to the survivingDevelopment Guidelines, Master Plan Map, and assumptions of the Market Study. The PUD isa legally adopted set of rules and regulations governing the site and must be adhered to undermodern BMC 38.100.050.A.
I hope this document that summarizes much of the public comment in the context of therequired Review Critera (BMC 38.230.100) is helpful to you as you weigh your upcomingdecision regarding Site Plan #22047.
Geoff PooleBozeman, MT