HomeMy WebLinkAbout10-04-26 Public Comment - S. Bieluch - Additional Public Records Request – Application 23245 Extension Review and Related RecordsFrom:Scott Bieluch
To:cityclerksdepartment@bozemanmt.gov; Bozeman Public Comment; Planning Technician; Kelley Rischke; MichelleChapel
Subject:[EXTERNAL]Additional Public Records Request – Application 23245 Extension Review and Related Records
Date:Sunday, October 4, 2026 6:02:29 PM
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Dear City Clerk / Records Custodian,
I am requesting copies of public records concerning the pending extension request for City ofBozeman Development Application 23245, 811 W. Mendenhall Street, including the City's
current administrative review of the requested extension.
I am specifically seeking the records underlying the City's current review and decision-making
process. I am not requesting that City staff create a new report, interpretation, or legal opinionin response to this request. If a requested category of record does not exist, please state that no
responsive record was located.
Because the extension is a distinct “Extension to Approved Plan (EXT)” application type in
the City's current Planning materials, I am particularly interested in records created or receivedin connection with the extension rather than only records from the original 2024–2025 site-
plan review.
1. Extension application and application file
Please provide the complete current extension application for Application 23245, including:
the submitted Extension to Approved Plan (EXT) application;all application forms;all attachments and supporting documents;all plans, drawings, exhibits, narratives, schedules, and technical materials submittedwith the extension;the date the extension application was submitted;the application/tracking number assigned to the extension, if different from 23245;the date the application was determined complete or adequate for review;any completeness review or deficiency notices;all subsequent revisions or supplemental submissions;the extension period requested;the proposed new expiration date; andany explanation submitted by the applicant concerning why an extension is necessary.
2. Staff review and decision-making records
Please provide all records created or received by City staff concerning the review of theextension, including:
staff review comments;staff memoranda;
staff reports;review worksheets or checklists;
internal review summaries;recommendations;
draft findings;proposed conditions;
final findings;decision documents;
routing sheets;review notes maintained as part of the application file; and
any other document reflecting staff's evaluation of whether the extension criteria havebeen satisfied.
Please include records from Community Development, Planning, Engineering,Transportation/Engineering, Building, Fire, Utilities, Environmental, Neighborhood
Services/Code Compliance, and any other City department or division that reviewed orcommented on the extension.
3. Current site condition and maintenance
The City's current Extension to Approved Plan materials identify the current condition andmaintenance of the property as relevant to extension review.
Please provide all records concerning the current physical condition, maintenance,security, and use of the 811 W. Mendenhall property that were created or received by theCity in connection with the extension or during the period relevant to the extension review,including:
site inspection reports;inspection notes;photographs;videos;field observations;complaints;notices;violation records;correspondence concerning property condition;records concerning graffiti;records concerning the damaged metal light pole;records concerning the condition or security of the existing building;records concerning an open or unsecured building or door;records concerning persons entering or leaving the property;records concerning unauthorized access;nuisance-property evaluations; andany determination concerning whether the property's current condition affects theextension.
I am not asking the City to characterize individuals observed at the property. I am requestingthe City's existing records concerning the property's physical condition, security, maintenance,and any reported or observed access issues.
4. Code Compliance / Neighborhood Services
Please provide all Code Compliance, Neighborhood Services, nuisance-property, or relatedenforcement records associated with 811 W. Mendenhall Street, including:
complaint records;case numbers;
Comcate records;inspection records;
photographs;notices of violation;
correction notices;warning notices;
administrative citations;abatement records;
enforcement correspondence;property-condition assessments;
case status;closure records;
records showing corrective action;records showing whether a complaint remains open or pending; and
communications between Code Compliance/Neighborhood Services and the propertyowner, applicant, property manager, or representative.
This request includes records concerning the complaints I previously submitted regarding theproperty.
If my complaint was entered into a system under a case number or tracking number, pleaseprovide that number and the associated records.
If no case was opened, please provide the records showing how the complaint was received,routed, reviewed, or dispositioned, if such records exist.
5. Original mitigation and current adequacy
The City's current extension materials require consideration of whether mitigation identifiedduring the original review remains relevant, adequate, and applicable to the presentcircumstances of the development and community.
Please provide all records concerning that determination, including:
staff analysis of original mitigation;applicant statements concerning mitigation;Engineering review;Planning review;current mitigation recommendations;records identifying mitigation that has been completed;records identifying mitigation that remains outstanding;records identifying conditions that are proposed to be carried forward;records identifying conditions that are proposed to be modified or removed; and
any analysis of whether changed conditions affect the adequacy of original mitigation.
Please include any records comparing conditions existing at the time of the original approval
with current conditions.
6. Traffic and transportation
Please provide all records concerning the City's current review of traffic and transportationissues associated with the extension, including:
Engineering review;Transportation review;traffic counts;traffic studies;traffic memoranda;TIS reviews;updated traffic information;correspondence concerning traffic distribution;analysis of access points;analysis concerning W. Mendenhall Street;analysis concerning Lamme Street;analysis concerning N. 8th Avenue;pedestrian and bicycle analysis;intersection analysis;records concerning current traffic conditions; andrecords determining whether the original traffic analysis remains adequate for purposesof the extension.
Please specifically include records addressing the traffic-distribution assumptions associatedwith the project, including the previously analyzed distribution involving W. MendenhallStreet and the later/proposed access distribution involving Lamme Street.
If Engineering has determined that no updated traffic analysis is necessary, please provide theunderlying record documenting that determination.
7. Alley and access
Please provide all records concerning the alley west of N. 8th Avenue and its relationship toApplication 23245, including:
alley width and condition;emergency access;
fire access;vehicle maneuvering;
service and trash access;pedestrian movement;
sight distance;snow removal;
winter maintenance;construction access;
neighboring-property access;required alley improvements;
responsibility for alley improvements or maintenance; andwhether required improvements have been completed or secured.
Please provide any Engineering, Fire, Planning, or other departmental review of these issuesassociated with the extension.
8. Vision triangle / sight distance
Please provide all records concerning the project's vision-triangle departure or reduction at W.Mendenhall Street and N. 8th Avenue, including:
the applicable standard used by staff;required dimensions;approved/proposed dimensions;the amount of the departure;the legal mechanism authorizing the departure;findings supporting the original approval;safety analysis;sight-distance analysis;Engineering review;current review of the departure;current traffic or pedestrian conditions considered;any determination that the original analysis remains applicable; andany determination concerning whether the departure must be reconsidered as part of theextension.
Please include any records identifying the applicable BMC/UDC provision, including recordsconcerning BMC 38.400.100 if applicable.
9. Infrastructure
Please provide records concerning the current adequacy and status of infrastructure supporting
Application 23245, including:
water;
sanitary sewer;stormwater;
drainage;streets;
sidewalks;alley infrastructure;
emergency access;utilities;
pedestrian infrastructure; andother public or private infrastructure identified as necessary to support the approved
development.
Please provide records identifying any infrastructure improvements required as mitigation or
conditions of approval and the current status of each improvement.
10. Groundwater and environmental conditions
Please provide all records concerning groundwater, drainage, environmental conditions,contamination, environmental-site concerns, or related technical matters that were reviewed orconsidered in connection with the extension.
Please include any records determining whether the technical information from the originalreview remains current and adequate.
11. Current UDC, vesting, and applicable regulations
Bozeman's revised Chapter 38 became effective February 1, 2026.
Please provide all records concerning the City's determination of:
which development regulations apply to the extension;
which regulations applied to the original approval;the project's completeness/vesting date;
whether the project is considered vested under prior regulations;whether any portions of the approved project do not comply with the current UDC;
the legal basis for allowing any such noncompliance to continue;whether the extension itself is subject to current regulations; and
whether any requested changes require a separate current application.
Please include any staff memorandum, legal memorandum, attorney communication,
determination, or other record addressing these issues.
12. Departures, variances, deviations, waivers, and exceptions
Please provide a current list or record identifying every variance, departure, deviation, waiver,exception, modification, or other relief associated with Application 23245.
For each, please provide the records identifying:
the applicable code provision;the standard that otherwise applies;the legal mechanism used;the criteria for approval;findings supporting the relief;conditions attached to the relief;whether the relief remains valid;whether the relief remains applicable to the extension; andwhether any new determination is required.
13. Extension criteria and findings
Please provide the records used by staff to evaluate the specific criteria in the City's currentExtension to Approved Plan process, including records concerning:
progress toward completion;current site condition and maintenance;
phasing;ability of the development to operate without being complete;
infrastructure dependencies;ability of the developer to complete the project;
changes in development regulations;compliance with current regulations;
original mitigation;whether mitigation remains relevant, adequate, and applicable to present circumstances;
andany other criterion used in determining whether the extension should be approved.
14. Communications concerning the extension
Please provide correspondence and communications concerning the extension between Citystaff and:
the applicant;the property owner;Arel Capital or its representatives;the project's consultants;engineers;architects;attorneys;property managers; andother representatives of the applicant.
This includes email correspondence and attachments concerning the extension, staffcomments, deficiencies, revisions, conditions, mitigation, traffic, access, infrastructure, orother substantive issues.
Please also provide substantive internal City communications concerning the extension, to theextent they constitute public records subject to disclosure.
15. Legal and procedural basis for the City's treatment of the extension
Please provide existing records concerning the City's legal or procedural determination that
the extension is:
an administrative review;
not subject to a public-comment period;not subject to appeal; or
otherwise treated differently from an administrative project decision under the currentUDC.
This request includes any memorandum, email, staff guidance, attorney communication,decision, checklist, or other existing record identifying the specific legal authority relied upon.
In particular, please provide existing records addressing the applicability of:
BMC 38.250.030;
the City's current Administrative Project Decision Appeal process;MCA 76-25-305;
MCA 76-25-503; andany applicable vesting or transition provisions.
I am not asking the City to create a new legal opinion. I am requesting existing recordsreflecting the legal or procedural basis already used by the City in handling this extension.
16. Decision status and final action
Please provide records showing the current status of the extension, including:
current reviewing authority;current status;date assigned for review;outstanding staff comments;outstanding applicant responses;proposed decision;draft decision;final decision, if issued;conditions proposed or imposed;effective date;new expiration date, if approved; andrecords showing notice of the final decision.
If no final decision has been issued, please provide the most recent record showing the currentstatus of the review.
17. Records relating to public comments concerning the extension
Please provide records showing the City's receipt, routing, or consideration of publiccomments concerning the extension of Application 23245, including comments submitted to:
comments@bozemanmt.gov;Planning;
Community Development;the City Clerk;
City Commissioners;City Attorney;
or other City departments or officials.
I am particularly interested in records showing whether comments concerning current site
conditions, traffic, the alley, vision triangle, mitigation, infrastructure, code compliance, andappealability were routed to or reviewed by the staff member responsible for the extension.
18. If records are maintained under another number or location
If any responsive records are maintained under a different application number, permit number,
property file number, Code Compliance case number, Comcate case number, building permitnumber, or other identifier, please provide that identifier and the corresponding records.
If responsive records are maintained in a system or department other than the City systemsearched in response to this request, please identify the system or department.
19. No-responsive-records clarification
If the City does not possess responsive records for any of the categories above, please identifythe specific category for which no responsive records were located.
For example, if there is no current traffic review, no current site inspection, no CodeCompliance case, no staff memorandum, or no legal memorandum concerning a particularissue, please state that no responsive record was located rather than providing a generalstatement that the issue was “considered.”
20. Electronic production
I request that responsive records be provided electronically whenever possible, preferably in
their existing electronic format.
I understand that the City may charge fees permitted by law for public-records requests. If the
City anticipates that fees will exceed a reasonable amount, please provide an estimate beforeincurring substantial charges.
Thank you for your assistance. This request is intended to obtain the existing administrativerecords concerning the pending extension review and the City's consideration of current
conditions and applicable criteria for Application 23245.
Sincerely,
Scott Bieluch
Concerned & Ignored Bozeman Citizen