HomeMy WebLinkAbout09-25-23 Public Comment - T. & M. Lonner - Sundance Springs Appeal r
I nner
3602 Good Medicine Way•Bozeman, MT 59715•(c)406-539-9065•tlonner@gmail.com•marthalonner@gmail.com
Public Comments
Appeal of Administrative Project Decision
Ref: Sundance Springs PH1B Comm Lot 2
Application Type #23-214
September 25, 2023
To Bozeman City Commissioners:
Mayor Cyndy Andrus, Deputy Mayor Terry Cunningham, Commissioners I-Ho Pomeroy,
Jennifer Madgic and Christopher Coburn
Since 1970, we have been postal residents of Bozeman, MT for 53 years. Fifty of those
years we've lived at 3602 Good Medicine Way, which is part of the Sourdough Creek Properties
Subdivision.
When we first moved to Good Medicine Way, we were about a mile from Bozeman's City
limits and surrounded by agricultural operations. We've enjoyed living in a quiet, safe and well
established family neighborhood that is envied by many. Homes for sale here are not on the
market for long. We have experienced the expanding development of South Bozeman and have
remained active in trying to maintain a quality of development around us. None of you were City
Commissioners in the 1990s when we fought to maintain the integrity of our neighborhood after
development proposals and annexations were made near or next to our neighborhood. These
development proposals and subsequent annexations resulted in a major community outcry with
the formation of an organization called, "Citizens to Save Open Space for Bozeman (SOS)".
This organization later became Friends of Regional Parks (For Parks), a 501 c3 organization. We
were both founding members and officers of these two organizations. They strongly influenced
the formation of the Open Space Task Force by the County Commission. This task force evolved
into the Open Lands Board and Terry was a charter member of both the Open Space Task Force
and the Open Lands Board. The Friends of Regional Parks organization was vigorously involved
with the passing of the first & second Open Space Bond measures. We and many citizens
dedicated thousands of volunteer hours in promoting good development based on the law as
well as Saving Open Space. Establishment of the 100 acre Regional Park is an example resulting
from our efforts.
Unfortunately, it seems like development of our community and neighborhoods is often
a never ending dispute. (See attached abstract of a presentation given by Terry Lonner at the
1996 annual meeting of the Montana Chapter of the Wildlife Society.) We do not live directly
Page 1 of 2
in the city of Bozeman, so we only found out indirectly about the proposed land use change
for the Sundance Springs commercial parcel (Lot 2) of the original PUD signed into law by
the Bozeman City Commissioners in 1996. We were very much involved with the final
requirements of this PUD.
There are two very important development criteria that must by clarified by the City
Commission before proceeding any further with approval of this development. They are:
1. What constitutes a "Neighborhood Services" land use designation?
2 What legally defines "Complementary to Adjacent Neighborhoods"when
annexations and/or developments are approved by the City Commission?
For example: annexation, development and building of the Ellis View Estate homes are sure
not complementary to the adjacent homes in the Sourdough Creek Properties Subdivision. Most
Ellis View Homes are on small lots and much taller in structure than the adjacent neighborhood
homes, and upon approval there seemed to be no consideration given to privacy and viewshed of
adjacent properties.
Believe us,we have reasons for concern involving the details when you designate the use
of a`plot of land.As you know,there are many things that have to be considered and many legal
loopholes and misinterpretations that often end up in lawsuits and/or the courts.
Therefore, we are requesting that the proposed 1.3 acre parcel(Lot 2) of land in the
Sundance Springs PUD,remain commercial as designated in the original final approved master
plan and PUD signed by the City Commission in 1996. This designation was for a QUIET
commercial building not to exceed 5,000 square feet to be built on Lot 2. Our expectations
were not to draw unreasonable commercial traffic through the heart of South Bozeman
Neighborhoods adjacent to designated open space and negatively change our neighborhood's
peaceful and safe existence. If this designation is not adhered to, then some legal issues will have
to be resolved, because as usual "The Devil is in the Details."
We firmly believe that HISTORY DOES MATTER and the credibility of government
is based on policies and the law while not compromising or contradicting expectations of
its citizens and not based on the whims of developers. We certainly don't want to destroy
our safe, quiet, enjoyable and well established neighborhood with an unexpected noisy and
noncomplementary commercial type of development.
Thank you for considering our concerns and comments.
Sincerely,
.,l- - ''
Terry N. Lonner Martha A. Lonner
tlonner@gmail.com marthalonner@gmail.com J
406-539-9065 406-539-9065
Page 2 of 2
Intermountain
journal of Sciences
R '
1
PROPERTY RIGHTS,WILDLIFE,OPEN SPACE AND
MASTER PLAN RHETORIC-A CASE IN POINT Tws
Terry N.Lonner
Citizens to Save Open Space for Bozeman,Inc.
P.O.Box 8042,Bozeman,MT 59773-8042
It has been said that one of the flooding. This issue developed into a
major differences between a developer classic confrontation of property rights
and a preservationist is that the vs.master plan goals/objectives and
preservationist had his or her cabin in community and neighborhood desires.
the woods first. And so it is with After eight public hearings and
human nature-one moment we are substantial testimony from many
developers or home builders/owners citizens/experts,and despite a litany of
and the next moment we are evidence not to develop this area as
preservationists. Many of us are both at proposed,including Master Plan goals/
the same time,which can cause an objectives,the Bozeman City
awkward conflict of values. Concerns Commission consistently approved the about subdividing the land in Montana project throughout the process with a 4
for home sites are not new. In an article to 1 vote. Curiously several local
in the January/February,1974 issue of
Montana Outdoors about land government officials,including those
development,Governor Torn judge was elected,concurrently extolled the
quoted,"We were told that we were in importance of unique or special areas
the backwater of the nation's economic s-1 iat bi Could be preserved for the good of
system. We were informed that the long-term future of Bozeman. They
[development]had passed us like a ship addressed the importance of
in the night."'Wow",he noted,"we maintaining a quality environment for
have finally realized that while Montana People to live with ecologically sound
stood still,other parts of the country development,but in their final decision
were going too far,too fast,in the wrong to approve this project put the
direction. Montana still has the consideration of the developer's
Opportunity to preserve a quality property rights at a higher level.This
environment",the governor concluded. Proved that the so-called'Iron
I believe that preserving this"quality Triangle",which consists of the land
environment"includes preserving open owner,investor,and lawyer,is still the
space and a diversity of wildlife habitats dorninant force in land development
not only in the so-called"wild places', issues in Montana and throughout
but in our urban growth areas as well. America. What is a quality environment
However,because of property rights and what is an ecologically sound
and local politics,this is much easier development? What exactly are
said than done.From 1993-1996 there "Property rights"?Are individual
was a major subdivision issue to Property rights and maintaining a
develop a 147 acre parcel of land in the quality environment for the good of a
Bozeman,Montana urban growth area community in conflict? How does
that many thought should be kept as wildlife and its habitat fit into the land
agricultural open space.This would also development equation? How does the
allow this area to continue to serve as Montana Subdivision and Platting Act
habitat for a diversity of wildlife species factor into all of this?'These and other
and because of its location within the Questions pertinent to urban growth
Bozeman Creek corridor,'act as a issues and wildlife concerns will be
"sponge"to help lessen downstream• discussed in this presentation.
0 Intermountain Journal of Sciences,Vat.2,Na 2,1996 83