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HomeMy WebLinkAbout04-29-26 Public Comment - G. Poole - “Findings of Fact” regarding Appeal #25769 From: Geoffrey Poole To: Bozeman Public Comment Subject: [EXTERNAL]"Findings of Fact'regarding Appeal#25769 Date: Tuesday,April 28,2026 12:42:31 PM Attachments: FindinosOfFactLetter.udf 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. Please see the attached .pdf for comments to the City Commission regarding the consent agenda for tonight ' s meeting. April 28, 2026 To the City Commission: Summary: We write to ask that you remove the approval of the "Findings of Fact" regarding Appeal #25769 from your Consent Agenda and continue approval until your next meeting. Our request would allow you consider discrepancies between the proposed Finding of Fact and requirements of the October 25, 2025 BMC and the Development Guidelines of the Sundance Springs PUD. Staff have presented for your approval a set of Findings of Fact regarding Appeal #25769. Most claims in the "Findings of Fact" are correct when considered individually. However, taken together, they represent only a subset of the requirements of the Sundance Springs PUD and BMC in place on October 25, 2025. We believe that the interests of the Commission as a body and the City of Bozeman as a community are best served when the accuracy and completeness of any "Findings of Fact" are carefully considered by the Commission in light of all evidence in the record. The Findings of Fact in the Consent Agenda omit several requirements of the October 25, 2025 BMC and the Sundance Springs Phased PUD Development Guidelines: PUD Development Guidelines: 1. The Introduction to the PUD's Development Guidelines states that any reference to the Bozeman Zoning Code contained in the Development Guidelines is a reference to the 1992 Zoning Code. (Appendix A) 2. Paragraph 1 of Article 8.2 of the PUD's Development Guidelines requires that the 1992 Zoning Code be applied to all development under the PUD. (Appendix B) 3. Paragraph 2 of Article 8.2 of the PUD's Development Guidelines requires that the "most recently adopted edition of any applicable regulation" be applied "in addition to" the 1992 Zoning Code. (Appendix B) 4. Article 8.3 requires application of the 1992 Zoning Code setbacks and further forbids parking lot encroachment into those setbacks. (Appendix C) Requirements of the October 25, 2025 BMC: 5. The requirements of the PUD, the 1992 Zoning Code, and the October 25, 2025 B-1 Standard sometimes conflict. The October 25, 2025 BMC requires that the most restrictive requirement of any applicable standard must be applied. (Appendix D) 6. BMC 38.440.20 requires compliance with all terms of the PUD's Development Guidelines (Appendix E). 7. According to the definitions of frontages contained within BMC 38.510.020.F, Commercial Lot#2 has one street frontage, one trail frontage, and internal frontages. (Appendix F). As shown in the Appendices, the requirements are neither vague nor abstract. Requirements omitted from the Findings of Fact are spelled out in the plain language of the October 25, 2025 BMC and in the PUD's Development Guidelines. These omissions raise the following question to you as Commissioners: "Why are some requirements included in the Findings of Fact while other requirements are omitted?" In light of the discrepancies, we ask that you remove approval of the Findings of Fact from your consent agenda and continue that item to the next meeting. This would allow you each, as independent jurists, to take some time to review the omitted provisions we have called out. Such a decision would ensure that the Findings of Fact memorialized by this Commission represent a complete survey of the development requirements under the October 25, 2025 BMC and the Sundance Springs PUD's Development Guidelines. As you know, the Commission is the final arbiter of building standards in the City. When reviewing the Findings of Fact, we ask that that you take the time needed to ensure that all requirements of the BMC in effect on January 25, 2025 and of the PUD's Development Guidelines are accurately portrayed in the Findings of Fact. Thank you for your kind attention to our concerns about the Findings of Fact on the consent agenda. Geoffrey Poole Tim Swanson Nancy Swanson Bozeman, MT Appendix A: Introduction to the PUD's Development Guidelines INTRODUCTION It is the general intent of this Document to establish the legal authority for and to list the Covenants that pertain to all the Neighborhood Services Property within the Sundance Springs Subdivision, and to establish the Sundance Springs Neighborhood Services Owners Association, Board of Directors,and Building and Landscaping Review Committee. The Covenants detail how the Neighborhood Services Property within the Sundance Springs Subdivision are to be developed and maintained beyond the minimum requirements of the Bozeman Zoning Code which exists at the date of the execution of this document. More specifically,the Covenants define how the Neighborhood Services buildings are to be designed and landscaped,and how the Common Open Space is to be used, managed and maintained through the Open Space Management Plan. Appendix B: Section 8.2 of the PUD's Development Guidelines contained in the Covenants. NOTE:As defined in the Introduction to the Covenants (Appendix A), references to the Bozeman Zoning Code in the text below are references to the 1992 Zoning Code, which was in place at the time the Covenants were executed. 8.2 General Regulations. All lands within Sundance are subject to the zoning regulations of the City of Bozeman except for any variances thereto granted by the City of Bozeman as shown on the Sundance Springs plat as filed in the Gallatin County Courthouse. All such variances to the zoning requirements of the City of Bozeman shall be specified on the final plat noted above or within the body of this Declaration. In addition to these Regulations,building design may be regulated by City,County,State and Federal regulatory agencies having jurisdiction. The Owner or his or her agent shall be responsible to ensure conformance with any applicable regulations,and should check with the City of Bozeman, Gallatin County, and State of Montana Building Codes Division to verify that the most recently adopted edition of any applicable regulation is being used. No construction of,or alteration to,any improvements,whether temporary or permanent,including but not necessarily limited to buildings, fences,walls,earthwork,paving,vegetation,signs,or secondary structures such as utility or trash enclosure,antennas and storage tanks shall be commenced on any lot prior to receiving the written approval of the BLRC and the City of Bozeman. Appendix C: Section 8.3 of the PUD's Development Guidelines contained in the Covenants. NOTE:As defined in the Introduction to the Covenants (Appendix A), references to the Bozeman Zoning Code in the text below are references to the 1992 Zoning Code, which was in place at the time the Covenants were executed. 8.3 Density,Allowable Uses. Allowable Areas and Setbacks. a) Density. The density of the Neighborhood Services portion of the Sundance Springs subdivision shall be the same as that allowed by the Neighborhood Service District of the Bozeman Zone Code. b) Permitted Uses. Permitted uses shall be those allowed on the Bozeman Zone Code for the Neighborhood Service District. c) Buildable Area. Each lot in Sundance Springs shall have a buildable area determined by building or structure setbacks as allowed in the Bozeman Zone Code for Neighborhood Service District. All construction other than landscaping improvements shall be limited to this buildable area. Appendix D: BMC 38.100.050 (October 25, 2025) Sec. 38.100.050. - Interpretation as minimum requirements. % '1;; (21 A. In their interpretation and application,the provisions of this chapter are minimum requirements adopted for the promotion of the health,safety and general welfare of the community. In some instances the public interest will be best served when such minimums are exceeded.Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules or regulations,or wherever there is an internal conflict within this chapter,the most restrictive requirements, or those imposing the higher standards,will govern. Appendix E: BMC 38.440.020 (October 25, 2025) Sec.38.440.020. - Final plan review and approval. % 9 A. The final PUD plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection A.2 of this section,and must be reviewed by DRC and ADR staff and approved by the review authority. Appendix F: BMC 38.510.020.F.1 (October 25, 2025) BMC 38.510.020.F.1 identifies three types of block frontages: steet, trail, and internal (including parking lots). In 2024, the Commission ruled that: 1) the buidling site has a trail frontage, and 2) Building #2 was not in compliance with BMC 38.510.020.F.1 because the building doesn't address the trail frontage. The fact that Building #2 did not address the trail frontage was a basis for overturning the prior site plan in 2024. F. Multiple frontage situations where a property and building(s)front onto multiple block frontages or internal frontage designations.Where a property fronts onto more than one block frontage, each building must comply with the standards for the block frontage upon which it is located,with the following clarifications: 1. When a building or buildings is located such that it faces and is adjacent to multiple block frontages,the orientation of the front of the building must be sited and placed on the property in the following order of precedence: a. Streets(all types, see subsection F.2 below). b. Trail/Park. c. Special residential or internal roadway(parking areas/lots, block separation corridors).