HomeMy WebLinkAbout02-21-26 Public Comment - L. Poole - Appeal #25769 of Application #25238.From:Lawrence H. and Jean Y. Poole
To:Bozeman Public Comment
Subject:[EXTERNAL]Appeal #25769 of Application #25238.
Date:Saturday, February 21, 2026 11:03:41 AM
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February 21, 2026
Attention City Commissioners:
Re: Appeal #25769 of Application #25238.
It is certainly disconcerting to say the least that I am having to comment about the appeal to
the Commission regarding the second application (#25238) for Lot 2 of Sundance Springs. Ifollowed the previous application closely and sat through the 5 hours City Commission
Meeting on February 27, 2024 where the Commission properly denied the project based on thenumerous violations of the PUD and the city’s own code. I urge you to likewise deny this
current application
While this new application does address some of previous issues the Commission cited in its2024 ruling the most egregious still remain. The Final Master Plan and Final Development
Guidelines contain the terms of the PUD and have been identified by the City in the survivingrecord of the PUD approval. The following proposed improvements, specifically, are not
indicated among the Approved Commercial Uses:
• Two, two story buildings (only one, one level building of 5,000 is allowed) • A patio with extensive outdoor seating (not allowed), where alcohol will be served in a
residential neighborhood and under a Residential PUD • All outdoor activities (not allowed)
• A large restaurant or businesses designed to be city-wide attractions will draw more than50% of patrons from outside the neighborhood (not allowed).
Yet the new application calls for all of the above, which is proposed for a lot next to a quietneighborhood with two adjacent single family home developments. The proposal of two
oversized buildings (which include a gym, restaurant/bar with outdoor seating, large retailspace and 4 office suites) will bring significant citywide traffic into the neighborhood creating
safety issues because of inadequate parking (51 spaces provided for a 101 seat restaurant – notto mention the requirements of the other businesses). The intention of the PUD was just the
opposite. The neighborhood commercial lots at the western entrance to our neighborhood aremeant for neighborhood businesses.
The Sundance Springs homeowners control the open space to the north, east, and southeast of
this commercial lot. The proposed plan has parking infringing on setback space (which is aviolation of the PUD’s Development Guidelines) thus damaging the character of the
homeowners’ open space. It also proposed to use the HOA’s open space to the north to meetlandscaping code requirements for residential-adjacent lots. If the proposal can’t meet the
code standards within the confines of the development lot, the application is proposing toomuch development for the lot.
Finally, and perhaps most glaring, is the fact that:
The current application proposes the same layout of buildings and parking lots that have
been flagged by the City as non-compliant with the Block Frontage Standards during
concept review, and rejected by the City Commission, in your 2024 decision, as
ineligible for departure.
Allowing this twice-rejected layout to be approved in any application would be arbitrary andcapricious.
I strongly encourage you to send a clear message to this developer that the City will nottolerate blatant violations of the Development Guidelines and Master Plan. I urge you todisapprove this plan until such time an application is compliant with the requirements of themunicipal code, including the terms of the PUD.
Also, it would seem that the Director and staff of the City’s Office of CommunityDevelopment should be more attentive to the history and requirements for development of Lot2 Sundance Springs, Neighborhood Services when working with any developer consideringbuilding at this location so that you do not have to hold another hearing in the future.
Thank you,
Lawrence Poole3772 Ellis View LoopBozeman, MT 59715