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HomeMy WebLinkAbout11-03-25 Public Comment - P. Quinn - Site Plan Review - Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 (Application #25238)From:Paul Quinn To:Bozeman Public Comment Subject:[EXTERNAL]Site Plan Review - Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 (Application #25238) Date:Monday, November 3, 2025 9:53:04 AM Attachments:Site Plan Review Sundance Springs Subdivision Phase 1B Commercial Lot 2 (Application #25238).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. November 3, 2025 To: Zachary Moon, City of Bozeman Planning Department From: Paul Quinn Re: Site Plan Review - Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 (Application #25238) Dear Zachary, The current site plan cannot be approved in its present form as it fails to comply with multiple binding requirements of the Sundance Springs PUD and current block frontage standards. We ask that you require the applicant to revise the site plan tocomply with all requirements of the PUD Development Guidelines and Master Plan Map, including a single commercial structure of no more than 5000 square feet in size with a designated use of a Convenience Store. Thank you for your consideration of these comments. Paul Quinn 467 Peace Pipe Dr Bozeman, MT 59715 Summary I have concerns about the proposed site plan for Neighborhood Services Lot 2 in theSundance Springs Planned Unit Development (Application #25238). A conditional approval of the previous application by the same owner for this lot (Application # 22047) was overturned by Appeal (#23214). In its Findings of Fact and Order overturning #22047, the Commission ordered thatthe development guidance contained in the Sundance Springs Neighborhood Services Declaration of Covenants, Conditions and Restrictions must be enforced, as the covenants were the vehicle for the mandatory PUD Development Guidelines. Some of the same violations noted in the Commission's 2024 Findings of Fact andOrder appear again in this application. We ask that you require the applicant to revise the site plan and the application to comply. PUD Development Guidelines The Sundance Springs PUD operates under specific development guidelines that arelegally binding and enforceable under the Bozeman Municipal Code. As established in BMC 38.100.050, "wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules or regulations, the most restrictive requirements, or those imposing the higher standards, will govern." BMC 38.440.030.A clearly states that, for sites governed by a PUD, "no city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan." Thus, the city is bound to enforce the more restrictiverequirements of the PUD and the current municipal code. In the 2024 City Commission findings for Appeal #23214, the Commission specifically determined that "the design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD" and that thedevelopment guidelines for the PUD are "incorporated within the Declaration of Covenants, Conditions, and Restrictions." The Commission further found that city staff "should have considered and applied the design guidelines for the Sundance Springs PUD." Thus, the development guidance in the Covenants must be enforcedas the Development Guidelines of the PUD. The current site plan violates at least two fundamental requirements of these development guidelines: Building Size Limitation: Section 8.5.b of the Development Guidelines contained inthe executed covenants (attached) and in the Z-95125 Development Guidelines explicitly states, "The maximum building size is 5,000 square feet." The proposed buildings exceed this limitation, requiring a reduction in building size and number, or a formal PUD amendment process. Setback Requirements: Section 8.3.c of the PUD Development Guidelines in the attached covenants and in the Z-95125 Development Guidelines prohibit any improvements in setbacks, stating "All construction other than landscaping improvements shall be limited to this buildable area." The proposed site plan showsparking areas located within required setbacks, which directly violates this requirement. Zoning and Use Designation Further, the introduction to the Covenants established that the PUD sets the zoningcontext for the site. All requirements of the PUD are to be enforced “beyond the minimum requirements of the Bozeman Zoning Code which exists at the date of the execution of this document,” e.g., the 1992 Zoning Ordinance. The binding nature of these PUD requirements was explicitly acknowledged by city staff in the 2020Development Review Comments for this same property. In that official review, Senior Planner Susana Montana stated that "The 1998 Sundance Springs PUD designated this property as B-1, Neighborhood Services District, pursuant to the 1992 zoning ordinance." Thus, the 1992 B-1 zoningstandards, including parking requirements and building limitations, remain in effect for this property and must be applied to any proposed development at any time they are more restrictive than the current zoning. This is especially noteworthy for the parking requirements of the 1992 City Ordinance, which must be applied (along with all other 1992 B-1 Ordinance requirements) during project review. Master Plan Map The 1996 Findings of Fact and Order approving the preliminary Master Plan Map includes Condition of Approval #29, which requires a Market Study that is based on “proposed uses within the neighborhood service area." Thus, the City Commission ordered that proposed uses under the PUD be identified prior to final approval of the PUD. The resulting Marketing Study and Final PUD Master Plan Map show one single-story building designated for use as a "Village Store" on Lot 2. As city staff acknowledgedin the 2020 preliminary site plan review, this designation remains binding. The current proposal for multiple buildings exceeds the use approved in the original PUD as memorialized on the Master Plan Map and the associated market study. Again, BMC 38.440.030 states that "no city administrative personnel are permitted to issue permitsfor improvements which are not indicated on the approved final plan" without amending the PUD. Along with the Development Guidelines, the Master Plan contains requirements of the PUD. In this case, the Master Plan Map outlines the allowable improvement under theapproved final plan. Block Frontage Standard The proposed site plan again fails to meet the intent of the block frontage standards. The Commission found that the prior parking configuration failed to meet "the purposeof the standard, to create a comfortable walking environment,” in part because the previous proposal lined trail system frontages with parking lots rather than creating an active, pedestrian-friendly frontage. The current proposal continues this same problematic approach, placing parkingareas adjacent to the trail system rather than creating the comfortable walking environment that the block frontage standard is designed to achieve. Without demonstrating compliance with the purpose of the standard, this configuration cannot be approved. November 3, 2025 To: Zachary Moon, City of Bozeman Planning Department From: Paul Quinn Re: Site Plan Review - Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 (Application #25238) Dear Zachary, The current site plan cannot be approved in its present form as it fails to comply with multiple binding requirements of the Sundance Springs PUD and current block frontage standards. We ask that you require the applicant to revise the site plan to comply with all requirements of the PUD Development Guidelines and Master Plan Map, including a single commercial structure of no more than 5000 square feet in size with a designated use of a Convenience Store. Thank you for your consideration of these comments. Paul Quinn 467 Peace Pipe Dr Bozeman, MT 59715 Summary I have concerns about the proposed site plan for Neighborhood Services Lot 2 in the Sundance Springs Planned Unit Development (Application #25238). A conditional approval of the previous application by the same owner for this lot (Application # 22047) was overturned by Appeal (#23214). In its Findings of Fact and Order overturning #22047, the Commission ordered that the development guidance contained in the Sundance Springs Neighborhood Services Declaration of Covenants, Conditions and Restrictions must be enforced, as the covenants were the vehicle for the mandatory PUD Development Guidelines. Some of the same violations noted in the Commission's 2024 Findings of Fact and Order appear again in this application. We ask that you require the applicant to revise the site plan and the application to comply. PUD Development Guidelines The Sundance Springs PUD operates under specific development guidelines that are legally binding and enforceable under the Bozeman Municipal Code. As established in BMC 38.100.050, "wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules or regulations, the most restrictive requirements, or those imposing the higher standards, will govern." BMC 38.440.030.A clearly states that, for sites governed by a PUD, "no city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan." Thus, the city is bound to enforce the more restrictive requirements of the PUD and the current municipal code. In the 2024 City Commission findings for Appeal #23214, the Commission specifically determined that "the design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD" and that the development guidelines for the PUD are "incorporated within the Declaration of Covenants, Conditions, and Restrictions." The Commission further found that city staff "should have considered and applied the design guidelines for the Sundance Springs PUD." Thus, the development guidance in the Covenants must be enforced as the Development Guidelines of the PUD. The current site plan violates at least two fundamental requirements of these development guidelines: Building Size Limitation: Section 8.5.b of the Development Guidelines contained in the executed covenants (attached) and in the Z-95125 Development Guidelines explicitly states, "The maximum building size is 5,000 square feet." The proposed buildings exceed this limitation, requiring a reduction in building size and number, or a formal PUD amendment process. Setback Requirements: Section 8.3.c of the PUD Development Guidelines in the attached covenants and in the Z-95125 Development Guidelines prohibit any improvements in setbacks, stating "All construction other than landscaping improvements shall be limited to this buildable area." The proposed site plan shows parking areas located within required setbacks, which directly violates this requirement. Zoning and Use Designation Further, the introduction to the Covenants established that the PUD sets the zoning context for the site. All requirements of the PUD are to be enforced “beyond the minimum requirements of the Bozeman Zoning Code which exists at the date of the execution of this document,” e.g., the 1992 Zoning Ordinance. The binding nature of these PUD requirements was explicitly acknowledged by city staff in the 2020 Development Review Comments for this same property. In that official review, Senior Planner Susana Montana stated that "The 1998 Sundance Springs PUD designated this property as B-1, Neighborhood Services District, pursuant to the 1992 zoning ordinance." Thus, the 1992 B-1 zoning standards, including parking requirements and building limitations, remain in effect for this property and must be applied to any proposed development at any time they are more restrictive than the current zoning. This is especially noteworthy for the parking requirements of the 1992 City Ordinance, which must be applied (along with all other 1992 B-1 Ordinance requirements) during project review. Master Plan Map The 1996 Findings of Fact and Order approving the preliminary Master Plan Map includes Condition of Approval #29, which requires a Market Study that is based on “proposed uses within the neighborhood service area." Thus, the City Commission ordered that proposed uses under the PUD be identified prior to final approval of the PUD. The resulting Marketing Study and Final PUD Master Plan Map show one single-story building designated for use as a "Village Store" on Lot 2. As city staff acknowledged in the 2020 preliminary site plan review, this designation remains binding. The current proposal for multiple buildings exceeds the use approved in the original PUD as memorialized on the Master Plan Map and the associated market study. Again, BMC 38.440.030 states that "no city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan" without amending the PUD. Along with the Development Guidelines, the Master Plan contains requirements of the PUD. In this case, the Master Plan Map outlines the allowable improvement under the approved final plan. Block Frontage Standard The proposed site plan again fails to meet the intent of the block frontage standards. The Commission found that the prior parking configuration failed to meet "the purpose of the standard, to create a comfortable walking environment,” in part because the previous proposal lined trail system frontages with parking lots rather than creating an active, pedestrian-friendly frontage. The current proposal continues this same problematic approach, placing parking areas adjacent to the trail system rather than creating the comfortable walking environment that the block frontage standard is designed to achieve. Without demonstrating compliance with the purpose of the standard, this configuration cannot be approved.