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Home My WebLink About25769_Executed Sundance_Springs_Appeal_Findings_of_Fact_and_Order Docusign Envelope ID:OC70822D-996D-8681-836E-FCD9686DA1D8 Findings of Fact and Order Sundance Springs Appeal Appeal number 25769 Appea125769 Findings of Fact and OrderAmending the Conditional Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan, Application 25238 Public Hearing: February 24, 2026 and March 24, 2026 before the Bozeman City Commission Description: Appeal filed by Tim &Nancy Swanson and Geoffrey Poole regarding Conditional Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan,Application 25238. Project Location: Sundance Springs Sub Ph 1B, S25, T02 S, RO5 E, Comm Lot 2 Plat J-257; corner of South 3rd Avenue and Little Horse Drive Staff Contact: Erin George, Director of Community Development Brian Krueger, Development Review Manager Zachary Moon,Associate Planner Decision: Approve the amended Director's Conditional Approval of Site Plan 25238 to include a new condition of approval #4, as follows: Site Plan Application must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in 38.570.040.G.5, BMC. (4-1) Report Date: April 15, 2024 On February 24, 2024, the Bozeman City Commission (Commission) held a hearing to consider Appeal 25769 seeking to overturn the Director's administrative decision conditionally approving a site plan application in the Sundance Springs subdivision, Application 25238. After hearing presentations and asking questions of Community Development staff, the Appellant, and the property owner, and after taking public comment on the application, the Commission continued its deliberation and vote on the matter to its March 24, 2026 City Commission meeting. On March 24, 2026,the Commission decided to amend the Director's decision and subsequently approved the amended conditional approval of site plan application 25238. This document incorporates by reference the entire record of review and incorporates and memorializes the oral findings made by a majority of the Commission members in support of the decision to approve the amended site plan application 25238. Docusign Envelope ID:OC70822D-996D-8681-836E-FCD9686DA1D8 Page 2 of 4 Video recordings of the Commission hearing on February 24, 20261 and the Commission's decision on March 24, 20262 are posted on the City's website. Minutes of the Commission meeting are posted on the City's website after adoption. The Commission first made the following motion,which passed 4-1: Having reviewed and considered Appea125769 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Subdivision, Commercial Lot 2 Site Plan Application 25238, the record of review, the presentation of staff and the Appellant, public comment and all information presented, I move to amend the conditional approval of Site Plan Application 25238 to include a new condition of approval4, as follows: Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.53. Then, the Commission made the following motion, which also passed on a 4-1 vote: I move to approve the amended Conditional Approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238. The Commission also considered a motion to further amend the Director of Community Development's conditional approval to require removal of all parking within the rear setback and allow only landscaping within the rear setback. The motion failed 1-4. 1. The Commission adopts and supports the analysis and findings in the staff report for Appeal 25769 and the Director's Decision for Site Plan Application 25238. 2. The subject property is a "lot with residential adjacency" as defined in the Bozeman Municipal Code (BMC). The lighting plan proposed with Site Plan Application 25238 does not comply with BMC code standards found in 38.570.040.G.5. The 1 https://bozeman.granicus.com/player/clip/2662?view_id=1&redirect=true z https://bozeman.granicus.com/player/clip/2680?view_id=1&redirect=true 3 All citations to the Bozeman Municipal Code in this document refer to the version of the code in place in December,2025,which can be found here: https://library.municode.com/mt/bozeman/codes/code of ordinances/478543?nodeld=PTIIC00R CH38UN DECO. On February 1,2026,a new Unified Development Code(UDC)adopted by the Bozeman City Commission through Ordinance 2151 went into effect and the previous version of the UDC was repealed in its entirety. Appeal application 25769,as well as the underlying site plan application 25238 from which this appeal was taken,were deemed adequate for review prior to the effective date of the new UDC and,therefore, were reviewed under the previous version of the code. Docusign Envelope ID:OC70822D-996D-8681-836E-FCD9686DA1D8 Page 3 of 4 Commission finds compliance with lighting requirement standards is required and amends the Director's decision conditionally approving Site Plan Application 25238 to include a condition of approval requiring compliance with code standards. 3. The Director was correct in applying Bozeman Municipal Code standards in place at the time the site plan application was determined adequate for review, on October 22, 2025, as required by section 38.200.080, BMC. Code standards from 1992 are inapplicable to Application 25238. 4. Site Plan Application 25238 complies with design guidelines incorporated within the Declaration of Covenants, Conditions and Restrictions for the Sundance Springs Section II Neighborhood Services Property (design guidelines) as evidenced, in part, by the compliant height and size of the buildings. 5. The proposed development has only one block frontage along Little Horse Drive. Site Plan Application 25238 complies with the requirements for landscaped block frontage found in Table 38.510.030.0 of the BMC. 6. Section 8.3 of the design guidelines direct that structure setbacks are as allowed in the Bozeman Zone Code. Staff appropriately determined setbacks pursuant to code standards and correctly applied section 38.540.010.A.6, BMC to conclude that parking is allowed within rear setbacks. The parking locations and configuration in Site Plan Application 25238 comply with code and design guidelines. 7. The Master Plan document that Appellants contend is a binding document requiring only one, centrally located, single-story building on the site restricted to a use as a village store and gas station is not regulatory or binding. The Findings of Fact and Order for Preliminary Subdivision Plat Approval of Sundance Springs Planned Unit Development Subdivision, Phase I and for Conditional Approval of a Zoning Planned Unit Development contemplated that subsequent site-specific design would be required pursuant to BMC standards and expressly allows professional offices and permitted uses listed in the B-1 zoning district. 8. The staff's analysis and conclusions were not pretextual. COMMISION ORDER: The decision of the Director of Community Development, conditionally approving site plan application 25238, is amended to include a condition of approval requiring compliance with Bozeman Municipal Code lighting standards in 38.570.040.G.5, BMC, and the amended Docusign Envelope ID:OC70822D-996D-8681-836E-FCD9686DA1D8 Page 4 of 4 conditional approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238 is approved. This Order resolves Appeal 25769. Dated this 5tn day of May , 2026 BOZEMAN CITY COMMISSION: Signed by: F9'tF�3G.qE2A�4o7 JOEY MORRISON Mayor ATTEST: Signed by: ��8oZ£,�9 DocuSigned by: �� ,r,, m. 9��t,i�t, 9�l.aaS 8 y�_" �M MIKE MAAS Ciry Clerk APPROVED AS TO FORM: Signed by: � ��.(,1,��, 81F9046BAABD403_. GREG SULLIVAN City Attorney