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HomeMy WebLinkAbout02-12-24 Public Comment - E. Culver - Objection to City of Bozeman Site Plan 22047 for Lot 2 Neighborhood Servicesin Sundance Springs Planned Unit DevelopmentFrom:Eric Culver To:Agenda Subject:[EXTERNAL]Objection to City of Bozeman Site Plan 22047 for Lot 2 Neighborhood Servicesin Sundance Springs Planned Unit Development Date:Sunday, February 11, 2024 10:14:15 AM 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. Wm. Eric Culver and Sharon A. Culver 4122 E. Graf Street Bozeman, Montana 59715 February 9, 2024 City of Bozeman, Community Development Division ATTN: Anna Bentley Re: Appeal of City of Bozeman Site Plan 22047 for Lot 2 Neighborhood Services in Sundance Springs Planned Unit Development Ms. Bentley: This letter shall serve as our formal objection to the Application(“Application”) for approval of site plan for the caption Lot (“SitePlan”). For the purposes of this letter we adopt the arguments andobjections made in support of the objections previously made in thisappeal, incorporating them by reference. In addition, we specifically include the following objections to theapproval of the Application due to the absence in the official record ofthe Approved Sundance Springs Planned Unit Development FinalMaster Plan (“Final Master Plan”). 1. Applicant has not met its Burden. According to the law, theApplicant has the burden of going forward to produce the necessarydocuments to enable the City of Bozeman to engage in a proper reviewof the Site Plan Application. The Applicant has failed to meet its burdenby not producing a true and complete copy of the Final Master Plan. 2. No Proper Review. There can be no proper review or approval ofthe Site Plan without compliance with the City’s Plan Review Criteriawhich requires comparison of the requirements agreed to in the FinalMaster Plan with the proposed Site Plan. Without the Final Master Plan,this cannot be done. 3. The Review cannot proceed under the PDZ ordinance. The City’sreview of the Site Plan must be governed by the PUD regulations inforce at the time of the approval of the Final Master Plan. The PDZregulations specifically state that, “no previous approvals are voided bythis change”, (the adoption of the PDZ regulation). Thus, the City isprohibited from proceeding in this matter by substituting the PDZregulatory standard for review of the Application. 4. Approval without proper review is arbitrary and capricious andnot authorized by law. Any approval of the Site without the necessarycompliance with the PUD ordinance, specifically failing to review theSite Plan’s compliance with the Final Master Plan is arbitrary,capricious and contrary to law. 5. Permanent and irreparable damage. Approval of the Site Planwithout the required review of the provisions of the Final Master Planwhich were agreed to by the City in accordance with its developmentplan at the time will result in permanent damage and irreparable harm tothe homeowners of Sundance Springs and surrounding neighborhoods. 6. Violation of time limitations. The City has violated the timelimitations for submission, review and approval of the Site Plan bygranting extensions to the Applicant based upon lack of the completefile, e.g., the Final Master Plan. As a result, those in opposition haveincurred unnecessary expense of time and legal fees. By virtue of the foregoing, the City Commission must grant theappeal, deny the Application and prohibit the Applicant from goingforward with the application for the Site Plan. Respectfully, Wm. Eric and Sharon A. Culver -- Wm. Eric Culver 4122 Graf StreetBozeman, Montana 59715U.S.A. NOTICE OF CONFIDENTIALITY: The information contained in this email transmission is confidential information which may contain information that is legally privileged and exemptfrom disclosure under applicable law. The information is intended solely for the use of the individual or entity named above. If you are not the intended recipient, you are herebynotified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this email transmission is strictly prohibited. If you have received this emailtransmission in error, please notify us immediately by telephone to arrange for the return of the original transmission to us.