HomeMy WebLinkAbout24- Findings of Fact - Overturning the Conditional Approval of the Sundance Srpings Subdivision, Ph 1B, Commercial Lot 2 Site Plan, App 22047 Findings of Fact and Order Sundance Springs Appeal Appeal number 23214
23214 Findings of Fact and Order Overturning the Conditional
Approval of the Sundance Springs Subdivision, Phase 1B, Commercial
Lot 2 Site Plan Application 22047
Public Hearing: February 27, 2024 before the Bozeman City Commission
Description: Appeal filed by Tim & Nancy Swanson and Geoffrey Poole seeking to overturn the Director of Community Development’s (Director) administrative decision approving site plan application 22047. Project Location: Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Comm Lot 2 Plat J-257; corner of South 3rd Avenue and Little Horse Drive Staff Contact: Anna Bentley, Director of Community Development Brian Krueger, Development Review Manager
Decision: Overturn the Director’s Conditional Approval of Site Plan 22047. (4-1)
Report Date: May 13, 2024 On February 27, 2024, the Bozeman City Commission (Commission) held a hearing to consider Appeal #23214 seeking to overturn the Director’s administrative decision approving a site plan application in the Sundance Springs subdivision, Application #22047. This appeal is for the specific application and it is not an appeal interpreting code generally applicable throughout the city. The Commission decided to overturn the Director’s decision. This document memorializes the alternative findings made by a majority of the Commission members in support of the decision to overturn the Director’s conditional approval of site plan application 22047. A video recording of the Commission hearing and the Commission’s decision is posted on the City’s website, found here. Consideration of this agenda item begins at 01:08:20 in the video. Minutes of the Commission meeting are also posted on the City’s website, found here. The City Commission first made the following motion, which failed 1-4: Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs
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Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move to uphold the decision that the Director of Community Development reflected in her June 28th,
2023 conditional approval letter. Then, the Commission made the following motion, which passed on a 4-1 vote, overturning the Director’s decision:
I move to overturn the decision of the Director of Community Development made on June 28,
2023, related to the conditional approval of the Phase 1B, Commercial Lot 2 Site Plan
application number 22047. CITY COMMISSION’S FINDINGS: 1. The City had sufficient documents within the surviving record to evaluate site plan application 22047. 2. The Director was correct in applying 2022 Bozeman Municipal Code standards and processes in reviewing the application because site plan application 22047 was deemed adequate in 2022. 3. The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD, the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application. 4. The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable walking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved. COMMISION ORDER: The decision of the Director of Community Development, conditionally approving site plan application 22047, is overturned. Dated this _______ day of _______________________, 2024
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BOZEMAN CITY COMMISSION __________________________________
TERRENCE CUNNINGHAM
Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: __________________________________
GREG SULLIVAN City Attorney
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