HomeMy WebLinkAbout02-23-24 Public Comment - B. Hosford - Site Plan #22047From:Beverly Hosford
To:Agenda
Subject:[EXTERNAL]Site Plan #22047
Date:Thursday, February 22, 2024 1:48:17 PM
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To:
Bozeman City CommissionCity of Bozeman
From:
Beverly Hosford713 Orchid Court
It saddens me to see the plans that have been approved for site #22047, a place I walk and bike
by frequently with friends. To keep the charm of Bozeman, we must protect sacred, serene,open spaces like this and not clog them with unnecessary parking lots, fumes, trash and
noise. The natural/residential character matters, which is why the original guidelines for thisneighborhood were put in place. A small convenience store that blends into the motif would be
fine, but two large buildings with parking lots that won't even accommodate the needs of thebuildings doesn't make sense. The residents who purchased homes nearvy under the safety net
of the PUD's Approved Final Plan do not deserve this broken promise, their investments intheir spaces matter. Their voices matter. They are the people of Bozeman. They are what
makes this community a community.
Please re-think your actions and help protect our open space and trail system simply byenforcing the laws that you set forth.
My concerns regarding approval Site Plan #22047 in the Sundance Spring Subdivision are due
to The Director of Community Development erring in approving the plan. The City has theobligation and authority to protect our open spaces, our trail systems, and our neighborhoods
from incompatible development.
For 25 years, the City has enforced the The Sundance Spring PUD, which provides strongprotection for the public open spaces that were incorporated into the subdivision. Now, that
the formal record of the PUD's requirements is missing, suddenly, the City Attorney andCommunity Development Director are redefining the terms of the PUD by hand-selecting
limited pieces of the public record (namely, just the Commission's Conditions of Approval forthe PUD's preliminary application) to represent the terms of the PUD. Other evidence of the
PUD's requirements in the public record are being ignored.
The City Attorney's Office claims, without access to the PUD's Approved Final Plan, that theyknow the terms of the PUD better than experienced planners who actually reviewed the PUD's
Approved Final Plan when they made their determinations. Case and point is the 2020Concept Review for the Site Plan in question. In 2020, when the Approved Final Plans was
available to consult, the City Planner concluded that the PUD's Master Plan implemented theB-1 District from the 1992 zoning ordinance. Now that the Approved Final Plan is missing,
the City Attorney claims, without evidence, that the planner was in error, and the City attorney
states that the historical zoning does not apply.
When authoritative documents go missing, it is customary to look to the remainder of thepublic record assuming it is factual and correct, in order understand what the missing
documents required. Instead, in the face of the the uncertainty associated with the loss of theApproved Final Plan, the City has overturned its long-standing position on the Sundance
Springs PUD. For 25 years, while the Approved Final Plan existed, the City enforced theSundance Springs PUD Master Plan and Covenants & Development Guidelines as binding
requirements under the Unified Development Code. Now that the Approved Final Plan ismissing, the City has reversed its long-held position and claims that the surviving elements of
the Master Plan map are simply a "concept Sketch" and that Covenants & DevelopmentGuidelines are "private agreements" that need not be enforced.
Bozeman feels to me like a lawless wild west of development, where developers push the City
relentlessly to ignore the purpose and intent of the Unified Development Code and manage toforce Staff to take a reductionist approach to interpreting the code. Enough is enough. It's time
to start enforcing the code -- with the City calling the shots, not the developers. It's time to putnecessary teeth back in enforcement to ensure that developments like Site Plan #22047 don't
get approved until they are fully compliant the the Unified Development Code. In this case,the Site Plan only reached approval because the developer and the City are ignoring of the
requirements of the PUD and failing to consider important review criteria that must be metbefore a departure from the Unified Development Code can be granted.
Twenty-five years ago, the City Commission approved the Sundance Spring PUD, and in
doing so, provided assurances that the Master Plan and Covenants & Development Guidelineswould be enforced. For 25 years, the City has followed up on that commitment with strong
enforcement. Why is the city reversing course now that the Approved Final Plan is lost.
There has been a lot of talk, lately, about the need for City Government to rebuild trust withthe residents of this City. Trust is built when government does what it said it will do.
Overturning an errant decision of the Director of Community Development seems like a goodplace to start rebuilding trust.
Under the unified development code, the City has all of the authority is needs to protect open
spaces, public trails and neighborhoods, and to promote public safety while still allowingdevelopment that is consistent with our shared vision for Bozeman as a vibrant and livable
city. I am asking you to make the decision to reassert your authority over the management ofgrowth in Bozeman. You can begin that process today by overturning the approval of Site Plan
#22047.
Sincerely,
Beverly Hosford