Bozeman City Commission Special Meeting: Additional Findings on Shady Glen PUD, September 21, 2026

This special meeting was convened to comply with a district court order remanding the Shady Glen development applications (Preliminary Planned Unit Development 22293 and Preliminary Plat 22294) back to the City Commission for additional findings. The court had found the 2023 commission's findings insufficient for meaningful judicial review. The four former commissioners who participated in the original 2023 decision (Mayor Cindy Andrews, Mayor Terry Cunningham, Commissioner Christopher Coburn, and current Commissioner Matthew Magic) provided detailed explanations of how they weighed evidence and why they unanimously denied the applications. Following their statements, the current Commission heard public comment and voted 5-0 to adopt the additional findings as clarifications of the original decision.

Consent Calendar

• No consent calendar items were presented.

Public Comments & Testimony

• Aaron Arnold (attorney for Bridger Center, LLC) argued that the proceeding is unlawful because it provides after-the-fact rationalizations, violates the Montana Subdivision and Planning Act, and fails to meet proper noticing requirements. He stated that a motion to amend the court's order is still pending and urged the commission to decline adopting the findings.
• Brian Gallach (attorney for Bridger Center) echoed that the commissioners' remarks went beyond the court's scope and included new evidence (e.g., citations to recent affordable housing projects). He moved to strike the findings, claiming violations of due process and fundamental fairness due to late notice (Friday morning for a Monday meeting) and lack of opportunity to submit evidence.
• Tom Murphy (developer) stated that the gated emergency access was suggested by the fire chief, and that city staff recommended placing wetland oversight with the HOA because the city had no personnel for it. He noted conflicting information between experts and commissioners.
• Greg Garaguse (adjacent resident, 31-year Bozeman resident) opposed the development but acknowledged the court's remand was about evidentiary reasoning. He asked the current commission to clearly state whether they were explaining the 2023 commission's evidentiary judgments or making their own independent review.

Discussion Items

• Commissioner Matthew Magic explained his original reasoning, focusing on three relaxations: (1) affordable housing townhomes sited next to M1 industrial zoning, which he considered scrap lots; (2) a locked-gate secondary access that relied on HOA enforcement, which he deemed unreliable based on public testimony and personal experience; (3) reduced wetland setback from 50 to 35 feet, which he felt did not protect the resource. He also noted that the three planning board members who voted against the PUD had the most expertise (two architects and a planner), and he weighed their views more heavily. He concluded the project did not produce a superior product justifying the relaxations.
• Former Mayor Cindy Andrews stated she did not find the project superior due to unacceptable setbacks, affordable housing limitations (only two units insufficient for community needs), emergency access concerns, cul-de-sac design, and reliance on HOA enforcement. She cited her 13 years on the commission and lived experience in two HOAs.
• Former Mayor Terry Cunningham explained his filtering process: personal site visits, observation of slopes and wildlife, aversion to reducing wetland setbacks, and concerns over HOA enforcement based on his own HOA board experience and public comments (e.g., concerns about snow blockage, wetland mowing). He noted the affordable housing placement was not interspersed like in other PUDs, making it less desirable. He concluded the project was not a benefit to the community in exchange for the relaxations.
• Former Commissioner Christopher Coburn emphasized public safety as his primary concern: the emergency access was a gated route too close to the primary access, risking both routes being impaired by a single incident or snow buildup. He acknowledged the need for affordable housing but found the proposal inadequate given the other relaxations.
• Current Commission Deliberation: Commissioner Magic moved to adopt the additional findings. Commissioner Sweeney expressed discomfort with the unprecedented procedure but supported the motion as clarification of the 2023 decision, not a judgment on the application. Commissioner Bodie affirmed she watched the original video and reviewed materials, finding the proceeding complied with the court's direction and the statements were clarifications, not new findings. Deputy Mayor Fisher and Mayor Morrison echoed support, noting the former commissioners' thoughtfulness and expertise. The vote was 5-0 in favor.

Key Outcomes

• Vote: The motion to adopt the additional findings of fact for Preliminary PUD 22293 and Preliminary Plat 22294 passed unanimously (5-0).
• Next Steps: The findings will be incorporated into the court record. The district court will review whether these additional findings satisfy its order. The applicant's motion to amend the court's order is still pending.
• Legal Discrepancy Noted: The city attorney stated that no new evidence was presented and the process was for former commissioners to clarify their reasoning. The applicant's attorneys argued that the proceeding violated Montana law, included new evidence (e.g., references to other affordable housing projects), and was procedurally unfair due to insufficient notice. The commission acknowledged the unusual nature of the process but proceeded.