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HomeMy WebLinkAbout02-26-24 Public Comment - C. Whitlock - Comment on Site Plain #22047, Sundance SpringsFrom:Cathy Whitlock To:Agenda Cc:Bob Gresswell Subject:[EXTERNAL]Comment on Site Plain #22047, Sundance Springs Date:Monday, February 26, 2024 3:40:35 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: Bozeman City Commission City of Bozeman From: Cathy Whitlock and Bob Gresswell 226 Silver Cloud Circle Dear Commissioners: We have lived in the Sundance Springs Subdivision since 2004, when we relocated from Oregon to become one of the early homeowners. We chose our house because of its location next to the amazing trail system and because the neighborhood was specifically designed to protect nature in a tranquil setting. We are writing to express my concern over the recent approval Site Plan #22047 in the Sundance Spring Subdivision. The Director of Community Development erred in approving the plan. The City has the obligation 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 strong protection 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 and Community 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 for the 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 they know 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 2020 Concept 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 the B-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 the public record assuming it is factual and correct, in order understand what the missing documents required. Instead, in the face of the uncertainty associated with the loss of the Approved 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 the Sundance Springs PUD Master Plan and Covenants & Development Guidelines as binding requirements under the Unified Development Code. Now that the Approved Final Plan is missing, 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 & Development Guidelines are "private agreements" that need not be enforced. Bozeman feels to my husband and 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 to force 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 put necessary teeth back in enforcement to ensure that developments like Site Plan #22047 don't get approved until they are fully compliant 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 met before 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 Guidelines would 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 with the 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 good place 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 allowing development that is consistent with our shared vision for Bozeman as a vibrant and livable city. We are asking you to make the decision to reassert your authority over the management of growth in Bozeman. You can begin that process today by overturning the approval of Site Plan #22047. Thank you for your attention in this matter.