HomeMy WebLinkAbout02-20-24 Public Comment - N. Page - Re_ Site Plan #22047 __ Sundance Spring SubdivisionFrom:Norm Page
To:Agenda
Subject:[EXTERNAL]Re: Site Plan #22047 // Sundance Spring Subdivision
Date:Sunday, February 18, 2024 5:21:38 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 Whom it May Concern:
I'm a little surprised and quite disappointed that I find myself writing to
the City for a third time on the topic of Site Plan #22047 in the SundanceSpring Subdivision. Past concerns are below for reference.
I find the location for Site Plan #22047 quite absurd. The rationale for NOT
building on the site is long and litigious. Legal points below in great detail.The site plan is simply not legal to develop. Simple as that. Would you
like to throw Yellowstone National Park into the scheme as well? I mean,
Yellowstone is *supposed* to be protected from any development, but
who knows, if the City of Bozeman planners can find the right developerwith the right amount of cash, perhaps the National Park could be sold off
as well.
Having said that, the location for the site plan is not a smart place for thebusiness from any point of view: there's no population density in the area
to support the business; there's little to no visibility of the location from
any major artery; and lastly, there's plenty of perfect space for a business
like this in the exploding residential/commercial area all along South 19thAvenue. I'd be more than happy to support their efforts in a more
appropriate location. In the middle of our GVLT-built and City-protected
hiking trails and meadows is NOT the right place for this or any other
commercial endeavor.
1.) The City lost the Approved Sundance Springs Planned Unit
Development's final Master Plan. Without the final Master
Plan, there is no legal basis to proceed. Despite this fact, the City
continued the process of approving this site plan.
2.) The approved site plan violates many PUD development
guidelines. Some examples:
a. Approved two two-story buildings for a total of over 6,000 sq.
ft. Only one one-story 5,000 sq. ft. building is allowed.
b. Approved flat roofed buildings with mostly large glass exteriors.
The flat roofs and glass exteriors are not allowed.
c. Approved infrastructure for outdoor activities including fire pits,large patios, and seating for up to 250 people.
There are only 43 parking spaces approved. ALL outdoor
activities are not allowed.
3.) The City approved three departures (exceptions to
code). Departures are required to enhance the site plan. Examples
that do not comply with the PUD and do not enhance the site plan:
a. Building placement violates numerous codes like block
frontage standards, setbacks, open space requirements, and lack of
permission to access trails not owned by the developer.
b. Parking in front of buildings violates the code that requires
parking to be at the sides, above, or below the building.
The full-time, tax-paying residents of the entire City of Bozeman are begging the
Commission to please - please! - stop the madness of over-developing our town with little
to no concern for impact on the existing residents.
What is the end game here - that Bozeman becomes San Fernando Valley? Salt Lake City?
Boise? If not now, when exactly do you plan to stop?
norm page** 22 mathew bird circle bozeman mt 59715 **m: +1 406 404 6420Instagram: @winetrust.biz winetrust.BIZwinetrust.BIZ on Facebook
On Tue, Dec 13, 2022 at 5:48 PM Norm Page <norm.page@gmail.com> wrote:
To: Planning Department, City of Bozeman
From:
Norm Page
22 Mathew Bird CircleBozeman 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 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-erazoning 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 public can review the proposed development against the applicable zoning.
The public should not be left to guess what development criteria apply to a site, ashas 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 revlew. It would seem irresponsible and quite negligent onbehalf of the City to act otherwise.
in good faith that you will act accordingly,
norm page** 22 mathew bird circle bozeman mt 59715 **
m: +1 406 404 6420Skype: norm.page
Twitter: @normpage @samepagecapital
Instagram: @winetrust.biz
Same Page CapitalSame PageVC
Same Page on Facebook
Same Page on LinkedIn
winetrust.BIZwinetrust.BIZ on Facebook