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HomeMy WebLinkAbout03-01-24 Public Comment - E. Swanson - City Commission Public Hearing Appealing the City’s Approval of Site Plan 22047From:Elisabeth Swanson To:Agenda Subject:[EXTERNAL]City Commission Public Hearing Appealing the City’s Approval of Site Plan 22047 Date:Tuesday, February 27, 2024 4:20:13 PM Attachments:Public Comment ESwanson GBuckley Feb27 2024.pdf 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. February 27, 2024 Dear City Commissioners, This letter concerns the City of Bozeman’s approval of Site Plan 22047 for the Sundance Springs Neighborhood Services Lot 2 at the corner of South 3rd and Little Horse Drive. We have lived on Peace Pipe Drive for 18 years. Our back porch faces the field where the proposed buildings will be situated. We knew in 2005 as we built our house that one day a commercial building would sit across the field. We had every reason to believe the developer of the site and the Bozeman officials approving the site plan would honor our subdivision’s PUD filed with the City in the late 1990s. Had we been right, there would be no need to appeal the City’s decision. Events unfolding since Fall 2022 have shown we were dead wrong. This is the third letter we have written since Fall 2022. As we wrote our first two letters, posted to the City’s website on 10/27/22 and June 13, 2023, we were courteous and hopeful that all parties would recognize the many ways the design for Site Plan 22047 blatantly disregarded our neighborhood covenants. As we write this letter we are angry and bitter about the process so far. Our strong frustration stems from: (1) Not being heard by our City government when it counts the most, (2) Learning the hard way that citizens like us who play by the rules are likely to be out- maneuvered by an out-of-town developer who breaks our neighborhood covenants with the City’s blessing, (3) The sting felt when City planning staffer wrote, in a communication she didn’t think would become public, that the people in our neighborhood are a bunch of whiners living in million-dollar homes. This tone-deaf comment from a City employee was especially frustrating. The median price for a single-family home in Bozeman was $979,500 this January. Although homes in our neighborhood are close to the median, the clear implication of her words is the concerns of run-of-the-mill Bozeman people don’t count. Since Fall 2022 the following points have been made in letters to the City written by more than 200 neighbors living in Sundance Springs, and others from adjoining South Bozeman neighborhoods who walk our trails daily. 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 totaling an eye-popping 3,000 sq ft, and seating for up to 250 people. There are only 43 parking spaces approved. ALL outdoor commercial activities are not allowed in our covenants. 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 requirements in our neighborhood PUD were designed to welcome commercial services into the neighborhood in a way consistent with the quiet, wildlife-rich trail system our subdivision created for the public more than 20 years ago. The developer and City staffers have turned a deaf ear to our values and concerns about Site Plan 22047 since Fall 2022. We hope our elected officials are listening with open minds in 2024. Respectfully, Elisabeth Swanson Gerald Buckley Elisabeth Swanson and Gerald Buckley 413 Peace Pipe Dr Bozeman, MT 59715 February 27, 2024 Dear City Commissioners, This le9er concerns the City of Bozeman’s approval of Site Plan 22047 for the Sundance Springs Neighborhood Services Lot 2 located at the corner of South 3rd and Li9le Horse Drive. We have lived on Peace Pipe Drive for 18 years. Our back porch faces the field where the proposed buildings will be situated. We knew in 2005 as we built our house that one day a commercial building would sit across the field. We had every reason to believe the developer of the site and the Bozeman officials approving the site plan would honor our subdivision’s PUD filed with the City in the late 1990’s. Had we been right, there would be no need to appeal the City’s decision. Events unfolding since Fall 2022 have shown we were dead wrong. This is the third le9er we have wri9en since Fall 2022. As we wrote our first two le9ers, posted to the City’s website on 10/27/22 and June 13, 2023, we were courteous and hopeful that all parYes would recognize the many ways the design for Site Plan 22047 blatantly disregarded our neighborhood covenants. As we write this le9er we are angry and bi9er about the process so far. Our strong frustraYon stems from: (1) Not being heard by our City government when it counts the most, (2) Learning the hard way that ciYzens like us who play by the rules are likely to be out- maneuvered by an out-of-town developer who breaks our neighborhood covenants with the City’s blessing, (3) The sYng felt when City planning staffer wrote, in a communicaYon she didn’t think would become public, that the people in our neighborhood are a bunch of whiners living in million-dollar homes. This tone-deaf comment from a City employee was especially frustraYng. The median price for a single-family home in Bozeman was $979,500 this January. Although homes in our neighborhood are close to the median, the clear implicaYon of her words is the concerns of run-of-the-mill Bozeman people don’t count. Since Fall 2022 the following points have been made in le9ers to the City wri9en by more than 200 neighbors living in Sundance Springs, and others from adjoining South Bozeman neighborhoods who walk our trails daily. 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 totaling an eye-popping 3,000 sq ft, and seating for up to 250 people. There are only 43 parking spaces approved. ALL outdoor commercial activities are not allowed in our covenants. 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 requirements in our neighborhood PUD were designed to welcome commercial services into the neighborhood in a way consistent with the quiet, wildlife-rich trail system our subdivision created for the public more than 20 years ago. The developer and City staffers have turned a deaf ear to our values and concerns about Site Plan 22047 since Fall 2022. We hope our elected officials are listening with open minds in 2024. Respecgully, Elisabeth Swanson Gerald Buckley Elisabeth Swanson and Gerald Buckley 413 Peace Pipe Dr Bozeman, MT 59715