HomeMy WebLinkAbout02-27-23 Public Comment - K. Brumbach - Sundance SpringsFrom:Kevin Brumbach
To:Agenda
Subject:[EXTERNAL]
Date:Tuesday, February 27, 2024 10:47:36 AM
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To:
Bozeman City Commission
City of Bozeman
From:
Kevin Brumbach
3502 Good Medicine Way, Bozeman, MT 59715
I am writing to express my concern over the recent approval of Site Plan
#22047 in the Sundance Springs 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 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. I ask, why?
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 Plan 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. Again, I ask why? Why does the city
selectively decide what zoning ordinances to enforce and which to ignore?
When authoritative documents go missing, it is customary to look at the
remainder of the public record assuming it is factual and correct, in order to
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.
To me, Bozeman City officials seem to act in the favor of financial gain
over the sustainability and genuine character of our community. The money
presented by developers seems to 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 enforce the code and ensure that
developments like Site Plan #22047 don't get approved until they are fully
compliant with the Unified Development Code. In the case of Site Plan
#22047, the Site Plan only reached approval because the developer and the
City chose to ignore the requirements of the PUD and failed 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. I
appreciate that cities and communities evolve, however, to blanketly
change a system without regard for the most affected community members
presents as arrogant, short-sighted, and naive.
There has been a lot of talk, lately, about the need for City Government to
rebuild trust with the residents of Bozeman and the greater community.
Trust is built when the government practices what it preaches. 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 the appropriate authority to
protect open spaces, public trails and neighborhoods. Bozeman City can
promote public safety while still allowing development 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 of growth in Bozeman. You can begin that process today by
overturning the approval of Site Plan #22047.
Thank you for taking the time to read through my letter and taking careful
consideration on this topic.
Best,
Kevin Brumbach