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HomeMy WebLinkAbout02-23-24 Public Comment - P. Callaghan - Appeal Project Number 23214From:Patrick Callaghan To:Agenda Subject:[EXTERNAL]Appeal Project Number 23214 Date:Wednesday, February 21, 2024 12:32:44 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 am writing to you in regard to the appeal project number 23214 (Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan Appeal). The covenant and development guidelines were relied upon by the city to approve theSundance Springs PUD. Section 18.54.080.D.2.h states that covenants submitted as part of the PUD's preliminary planare part of the PUD's Development Guidelines. It is the city's custom and practice to enforce such covenants when they are used for the PUD'spreliminary plan. Therefore the city should enforce the covenants associated with Sundance Springs. Secondly, the city prefers to use today's BMC instead of the BMC at the time the PUD wasapproved. This is inconsistent with the covenants as seen in the screenshot below. Screen Shot 2024-02-08 at 11.20.23 AM.png Therefore, the city should enforce the zoning requirements of the era the PUD was originallyfiled. When buying my property, I realized that there was the potential for the development of a"neighborhood services" property nearby. I read the covenants associated with that property. I did not realize that the city would disregard these covenants. The city approved the design of the commercial project, but are not allowing on-street parkingaround the development. I appreciate this limitation, but I wish White Eagle Circle was alsoincluded as this is where I live and it is fairly close to the commercial development. Businesszoning in today's BMC relies upon on-street parking to make it work. Thankfully the cityrealizes the disaster that on-street parking would pose in this residential neighborhood. Butfurther...it is also an example of how today's BMC code doesn't fit with the intent or design ofthis subdivision. I am asking the city to do the right thing, and enforce the covenants that the city relied uponwhen approving the Sundance Springs PUD, and to enforce the BMC of the era the PUD wasoriginally filed. Anything less will be a blatant disregard for zoning and developmentstandards. Certified Luxury Home Marketing Specialist cell: (406) 595-1304 Visit My Website Download the ONE Real Estate App 1001 West Oak Street Bldg. C, Suite 111, Bozeman, MT 59715 Equal Housing Opportunity. All information contained herein deemed reliable, but not guaranteed.