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Home My WebLink About05-08-17 Public Comment - E. Hosking- UDC Subchapter 4BPUBLIC COMMENT City of Bozeman (Agenda@Bozeman.net) May 8, 2017 To: Bozeman City Commission RE: Request for Time for Stakeholder Review of UDC (Uniform Development Code) update and NCOD Subchapter 4B. The NCOD B-3 Design Guidelines (known as Subchapter 4B) were adopted by the City in May of 2015 as a temporary measure to spur re-development and infill in the downtown halo area, in anticipation of a UDC and NCOD update. The public record shows that the Subchapter 4B guidelines were crafted and revised by a select group of invited participants with commercial interest in architectural design and development. This change in the rules proceeded without the involvement of critical stakeholders. Affected neighborhoods surrounding downtown Bozeman were not invited to participate in the Task Force that recommended these changes to the Commission. Changes were made on an “accelerated timeline” with “minimal collaboration.” Revisions were made with limited public notification about the code changes, apparently via “standard Commission notice methods” involving web- posted agenda and newspaper notices. How many resident’s review the city agenda weekly or even buy the newspaper, much less read legal notices on a routine basis? Whatever the approach, it succeeded in ESCAPING the notice of ALL residential participants, as NO members of the affected residential community were aware of or involved in the public review process. Wendy Thomas, former City Planning Director, warned that the large high density residential buildings incentivized by Subchapter 4B could “adversely affect residential property values” and “impede residents from enjoying the full value of their properties.” (4/26/15) She cautioned that the needs of these property owners should be accommodated, as “All property owners within the NCOD have a stake in these guidelines and no property owner(s) should have an unfair benefit or burden due to the revision of the guidelines.” Her warnings regarding the need to include the owners of B3-adjacent property were ignored, set aside in the interest of time. We were told in a Bozeman Preservation Advocacy Group (BPAG)S meeting on Friday at the Story Mansion that the NCOD, including Subchapter 4B, will be reassessed in the next 12-24 months, during a planned review of the NCOD, but that in the meantime, the “current rule of law will prevail.” We believe this will be far too little, and much too late. Stakeholders are unfairly burdened NOW by the current use of NCOD Subchapter 4B to justify decisions about proposed commercial developments where B3 abuts historical residential zoning. And in parallel, related changes to the UDC are being presented May 8 for public review. As far as we know, the UDC revisions do not directly address the need for B3- R2 buffer zones identified in the December 2015 consultant report. As a result the UDC revisions do not provide effective transitions to neighborhoods and historic areas, thereby compounding the 2015 error of rushing decisions without appropriate consultation. Montana law requires that her citizens be appropriately noticed about decisions affecting private property. We believe that citizens who were not adequately involved in the development of Subchapter 4B of the NCOD MUST NOW BE GIVEN ADEQUATE TIME to review and contribute to the revision of BOTH Subchapter 4B of the NCOD AND the UDC, to address the problems created by inadequate procedure in 2015. We therefore request a minimum of 90 days to conduct a transparent, consensus-based process of consultation regarding the revision of the NCOD Subchapter 4B guidelines. We also request the same 90 days to review and provide input into the draft UDC code, to evaluate how these issues can be addressed in those regulations as well. Related information (FOIA) we require has been requested from the City but we are told it cannot be provided in less than 90 days. This time will be used productively to inform stakeholders and engage them in working groups to develop appropriate code revisions. It is equally imperative that a moratorium be placed on the review of B-3 Developments in the B-3 Halo Zone until the above work allows informed and valid input from all affected members of our community. Stakeholders in, and adjacent to, the B-3 halo properties have the very real potential of experiencing a loss of enjoyment of property and decreased value due to these code revisions. Developers have made significant investments under legitimate expectations created by temporary codes which require further scrutiny. Bozeman stands to lose the inherent character of its historical downtown neighborhoods to massive commercial development, which cannot hope to address the far greater growth needs of the overall community. To proceed with the review of projects under Subchapter 4B without pause at this juncture would be irresponsible, and potentially, detrimental to many. In a slower and more transparent process, we strongly believe that a productive solution can be reached – one which balances all parties’ needs with the City’s stated needs of growth and infill. For example, we believe it possible to make targeted adjustments to the NCOD which addresses the unique circumstances where B-3 directly abuts or is adjacent to historic and/or residential properties (whether zoned B-3 or R-2) and historic neighborhoods – thereby restoring emphasis on block character, context, compatibility and transition in these sensitive areas. We can together address probable points of conflict openly and proactively, attaining infill growth that is both meaningful and appropriate. We sincerely ask the Commission to consider this reasonable request. By giving the affected stakeholders the time necessary for adequate input into both the revised UDC and Sub-Chapter 4B, the City Commission will ensure that the interests of the Citizens of Bozeman are fully represented and considered in balance with the business and financial interests of the Bozeman community. Eileen Hosking 514 East Davis Bozeman, MT 59715 Holly Hausmann John Preston 409 S Bozeman Ave Bozeman Mt 59715 Jack Ranieri Loretta Domaszewski 209 S. BOZEMAN AVE Bozeman Mt 59715 Barbara Keith 408 S. Bozeman Ave. Bozeman, MT 59715 Cathy Zabinski 302 S. Bozeman Ave Bozeman Mt 59715 Charlie West Michelle West 330 S. Bozeman. Bozeman Mt 59715 Mallory & Brian Regan 1907 W Dickerson St #1 Bozeman, MT 59718 Jeanne Wilkinson 415 South 3rd Ave Bozeman, MT 59715 Matt and Kristi Lavin 311 South Tracy Avenue Bozeman, MT 59715 Douglas Clingner 217 S Tracy Ave Bozeman Steve Titus 407 1/2 South Black Bozeman, MT 59715 Adrianne Wallace 211 N Sweetgrass Ave Bozeman, 59718 Adrianne Wallace 211 N Sweetgrass Ave Bozeman, 59718 Dean Littlepage 618 W. Curtiss St. Bozeman 59715 Irene Decker 219 E. Olive Bozeman, MT 59715 Jacquie Persons 310 E Koch, 59715 Bozeman, MT 59715 Allan Kirk Lisa Kirk 227 East Olive St Bozeman, MT 59715 Stewart Mitchell Karen Mitchell 216 East Koch Bozeman, MT 59715 Randy Peters Kate Bryan 2607 Spring Creek Dr. Bozeman, MT 59715 Deirdre Quinn 111 S Church Bozeman Mt 59715