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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 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 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 Get Outlook for iOS 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.