The Bozeman City Commission held a special meeting September 21 to address a district court remand on the Shady Glen development, a contentious planned unit development proposal the commission unanimously denied in 2023.
City Attorney Greg Sullivan explained the narrow scope: the court found the 2023 findings "insufficient to permit meaningful judicial review" and ordered the city to explain why commissioners weighed certain evidence as more credible than conflicting evidence. No new information could be considered, and no new hearing was held.
Four commissioners from 2023 returned to provide additional context. Commissioner Jennifer Madgic, the only current commissioner who voted in 2023, detailed her concerns about three of six requested relaxations: the placement of two affordable housing units next to light manufacturing zoning, a gated emergency secondary access, and a reduction in wetland setbacks from 50 to 35 feet affecting nine of 16 lots. She cited testimony from planning board members and the public, including a former HOA president who said the HOA obligations were "way above and beyond normal expectations."
Former Mayor Cindy Andrews, who chaired the 2023 commission after nearly 13 years of service, said the application met adequacy but not superiority. She noted that two affordable units did not advance the city's estimated need of 6,300 units and cited concerns about the secondary access, cul-de-sac design, and road width.
Former Mayor Cunningham reviewed more than 90 public comments and expressed a general aversion to reducing wetland setbacks. He cited expert testimony that the Montana Department of Environmental Quality lists the Gallatin as an impaired waterway and drew on his own HOA board service to discuss enforcement challenges.
Former Commissioner Christopher Coburn said his primary concern was the secondary access—that the gated emergency route was positioned so close to the main entrance that "a single incident near that shared area could impair both routes."
Public comment was heated. Attorney Erin Arnold, representing Bridger Center, the development company, said the district court had granted partial summary judgment to her client and that proper remedy is judgment on liability, not remand. She criticized the noticing process and said the city had not met Montana Subdivision and Planning Act requirements. Attorney Brian Gallic asked the commission to strike the findings, calling them "post hoc rationalization," and noted his client received notice Friday for a Monday hearing. Developer Tom Murphy said the fire chief had suggested the locked gate and that city staff recommended placing wetland maintenance with the HOA. Neighbor Greg Garaguse, while expressing continued opposition, asked the commission to clarify whether it was explaining the 2023 commission's reasoning or making independent judgments.
Commissioner Alison Sweeney said she had asked staff to seek court clarification and was "uncomfortable with us bushwhacking procedure in this way," though she supported the motion. Commissioner Emma Bode said she had reviewed the original video and materials and viewed the statements as clarification rather than new findings. Deputy Mayor Douglas Fischer said he would leave questions of sufficiency to the district court.
The motion to adopt the additional findings passed 5-0. The findings will be submitted to the district court, where Bridger Center's motion to amend the court's order remains pending.