HomeMy WebLinkAbout02-24-26 Public Comment - L. Wallace - My Objection to the Sundance Springs developmentFrom:Laurie Wallace
To:Bozeman Public Comment
Subject:[EXTERNAL]My Objection to the Sundance Springs development
Date:Tuesday, February 24, 2026 9:32:25 AM
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My husband and I own a property In the Alder Creek subdivision (3167 Madrona Lane).
We appreciate its single-family residences, low traffic and green spaces. I am writing you
today in opposition to the development proposed by Sundance Springs.
Though my reasons we're not developed by me, I am grateful to my community members
who have put them together with such clarity. How this development has gotten as far as
it has is mind-boggling.
You have a chance to do the right thing by this Bozeman neighborhood, and maybe use it
as a precedent when the next well-educated, well-informed and respectful group of
residents joins to give you strong elements for saying no to developers.
The arguments against this development are
presented in my three attached photos.
Sincerely,
Laurie Wallace
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1.The Master Plarn and Development
Guidelines were the binding terms of
the PUD when it was approved. Theevidence for this finding is:
a. The Master Plan and Development
Guidelines were required elements of
the PUD application (1992 BMC
18.54.080.D);
b.The Master Plarn and Development
Guidelines were presumed to be
binding when the Commissionapproved the PUD application (1992BMC 18.54.080.C);
c.The 1996 order of the Commission
stated that the Sundance Springs
Subdivision must comply withZ-95125 and the conditions ofapproval, which contained thepreliminary Master Plan and
Development Guidelines;
d.The Montana Supreme Court has
ruled that the requirements of
approved planning documents
cannot be treated as optional
(Heffernan v. Missoula City Council,
2011 MT91, P77).
2.The 1996 Com mission ordered
that proposed uses be added to the
Master Plan (condition of approval
#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 reference.
Therefore, the requirements of the
1992 Zoning Code are enforced
pursuant to BMC 38.440.030, BMC
38.440.050, and BMC 38.100.050.A.
4.The building and parking
configuration disapproved by the
Commission in 2024 continues to
violate the Block Frontage Standards
and remains ineligible for departure.
5.The differences between the
proposed Site Plan and the
conditions described in the Master
Plan and Development Guidelines
alter the character of the
development and require
amendment of the PU D before they
can be approved.
6.The review was pretextual and
therefore improper.
As the appellants conclude: "An
even-handed application of the
current municipal code reveals that
Application #25238 is non
compliant ... ," and therefore App
#25238 should be over turned.