HomeMy WebLinkAbout02-23-26 Public Comment - M. and T. Greenwood - Please overturn #25238From:Teresa Greenwood
To:Bozeman Public Comment; agenda@bozeman.net
Subject:[EXTERNAL]Please overturn #25238
Date:Monday, February 23, 2026 2:20:36 PM
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Dear Commission Members:
We are writing in support of the Hidden Springs Community.
We ask the Commission to overturn #25238 on one or more of the following grounds:1. The Master Plan and Development Guidelines were the binding terms of the PUD when it
was approved. The evidence for this finding is:a. The Master Plan and Development Guidelines were required elements of the PUD appli-
cation (1992 BMC 18.54.080.D)b. The Master Plan and Development Guidelines were presumed to be binding when the
Commission approved the PUD application (1992 BMC 18.54.080.C);c. The 1996 order of the Commission stated that the Sundance Springs Subdivision must
comply with Z-95125 and the conditions of approval, which contained the preliminaryMaster Plan and Development Guidelines;
d. The Montana Supreme Court has ruled that the requirements of approved planningdocuments cannot be treated as optional (Heffernan v. Missoula City Council, 2011 MT
91, P77);2. The 1996 Commission ordered that proposed uses be added to the Master Plan (condition
ofapproval #29); upon final approval of the PUD, the proposed uses became final uses, which
are binding;3. The Development Guidelines incorporate the requirements of the 1992 Zoning Code by ref-
erence. Therefore, the requirements of the 1992 Zoning Code are enforced pursuant to BMC38.440.030, BMC 38.440.050, and BMC 38.100.050.A.
4. The building and parking configuration disapproved by the Commission in 2024 continues toviolate the Block Frontage Standards and remains ineligible for departure.
5. The differences between the proposed Site Plan and the conditions described in the MasterPlan and Development Guidelines alter the character of the development and require amend-
ment of the PUD before they can be approved.6. The review was pretextual and therefore improper.
An even-handed application of the current municipal code reveals that Application #25238 isnon-compliant. We ask that the approval be overturned.
Respectfully,
Mark and Teresa Greenwood
Bozeman, Montana