Loading...
HomeMy WebLinkAbout05-24-22 Public Comment - T. Stevens, University Neighborhood Association - Sororities and Fraternities • ecemed.... Petition to Bozeman City Commissioners A. Request for a Permanent UDC Text Change Prior to 2018, the Bozeman Municipal Code prohibited the establishment of fraternity and sorority houses in residential neighborhoods. Specifically, Bozeman Municipal Code, Section 38.08.020 contained a table of"authorized uses". That table listed a category for "Fraternity and sorority houses", and it had various columns which indicated which uses were "primary use", signified by a "P", which uses were "conditional", signified by a "C", and which uses were "prohibited", signified by a "—". Table 38.8.020 made it clear that fraternity and sorority houses were not permitted in R-S, R-1, R-2, and RMH zones. In approximately 2017, the City undertook a general overhaul of the Uniform Development Code (UDC) of the Bozeman Municipal Code. That general overhaul culminated in the adoption of a new UDC through Ordinance 1978, which became effective March 31, 2018. Hidden in that general overhaul was an obscure change to table 38.8.020. That table was renumbered as 38.310.030 and it deleted the category of "Fraternity and sorority houses". The net result of that obscure change is that the establishment of new fraternity and sorority houses, previously not permitted in residential neighborhoods, is now apparently allowed. Pursuant to 76-2-305 MCA, which provides for "alteration of zoning regulations", the University Neighborhood Association of Bozeman (UNA), supported by the residents of the City of Bozeman, whose names and addresses are set forth below, petition the Bozeman City Commission to adopt a municipal code text amendment, which would reinstate the category of "Fraternity and sorority houses" and prohibit that use in residential neighborhoods. For the convenience of the Commissioners a copy of the current Table 38.310.030 is attached as Attachment A; the previous table (Table 38.08.020) is attached as Attachment B; the current Table 38.310.030, with the amendment, adding the category of"Fraternity and sorority houses" is attached as Attachment C. In the view of UNA and the undersigned, the 2018 deletion of the separate category of "Fraternity and sorority houses" from Table 38.8.020 was not specifically advertised or made known to the interested public. Unaware of this obscure change, UNA and the neighborhood have been under the impression that new fraternity and sorority houses are prohibited in most residential neighborhoods. The explanation given by the Bozeman Senior Planner in response to the question why the category of Fraternity and sororities was deleted from the Table: The City has been moving towards a hybrid approach to zoning (form based vs. Euclidian). What this means is the Commission moved to consolidate uses into fewer categories of similarity. Sororities and fraternities are a type of group residential. Page 1 Thus, the apparent position of the City Planning Office is that the category of fraternity and sorority houses is now subsumed into a category of "group living" or "group residential". There is no actual text in the Bozeman Municipal Code or the UDC that states this. Thus, at best, this interpretation appears to be the private and informal opinion of the Bozeman Planning Office. In fact, the category of "group residential" is so amorphous and loosely defined that it could arguably include a large variety of uses never contemplated. It is significant that the City and its planning office once believed that the category of "Fraternity and sorority houses" was sufficiently different from "group living" that it was contained in a separate category. Now, with no text or further explanation,the two concepts appear to be lumped together by administrative fiat. It is bothersome,given the looseness of the term "group living,"that such category is allowed throughout the City with no oversight. For example, setting aside the issue of fraternity and sorority houses, at the very least this category ("group living") should be reviewed by the City under the rubric of "conditional use" or "special use". See the report by expert planner Robert Horne (Attached hereto as Attachment D). If the City's senior planner's interpretation is followed, the 2018 deletion of "Fraternity and sorority houses" constitutes a draconian change. Prior to the amendment, new fraternity and sorority houses were not allowed in residential neighborhoods. Now it appears that they will be allowed in any neighborhood in the City. Because this change portended a significant impact to all Bozeman residential neighborhoods, it should have been specifically brought to the attention of Bozeman residents, particularly residents of the university neighborhood. Moreover, substantively, the move to lump "fraternity and sorority houses" into "group living" is wrong. Unlike in "group living"which is limited to people actually in residence,fraternity houses are a magnet for external participation. Fraternities have a membership much larger than just the persons residing in the house. And their meetings, particularly their parties invite much broader participation, with alcohol use, noise, and parking problems. It makes no sense to lump fraternity and sorority houses into the category of group living—and particularly this use should not be lumped in without a public hearing on the change. As the Court in the City of Long Beach v. California Lambda Chapter of Sigma Epsilon Fraternity,255 Cal.App. 2d. 796, 797(1968)stated it is, ...well established that groups of students are for the most part exuberant, boisterous, and hilarious, and that they do not ordinarily keep regular hours, and are addicted to the use and abuse of vibrant and sonorous musical instruments. ...the college spirit contemplates frequent gatherings with attendant boisterous conduct on occasions.The "rush parties",the dances, the rallies, and other manifestations of the collegiate spirit are present in a fraternity house and frequently absent in a boarding house, a lodging house or an apartment. Page 2 This cavalier action of eliminating the category of "Fraternity and sorority houses" from the zoning code with no public involvement constitutes arbitrary and capricious action by the City. In short, the seemingly ministerial change in Table 38.310.030 should not have been made. It has drastic impacts on Bozeman neighborhoods. This change must be reversed. B. Request for Interim Ordinance Pursuant to Sec. 76-2-306 MCA, which provides for an interim zoning text change, the undersigned also request an interim ordinance, which immediately prohibits the establishment of fraternity or sorority houses in areas zoned as R-S, R-1, R-2, R-5, and RMH. The purpose of this request for an interim zoning ordinance is that establishment of a new fraternity, particularly in an R-1 or R-2 zone, would conflict with the contemplated zoning proposal that the undersigned are now proposing the city adopt. With respect to the adoption of the permanent ordinance,which we are now requesting, Montana law requires public hearings and official notice. See Section 76-2-306 MCA. This obviously will take time. The adoption of the interim zoning ordinance will provide the City Commission the ability to protect the status quo with sufficient breathing room to consider the proposed permanent amendment. This request for an interim ordinance is to preserve the status quo, pending full adoption of the proposed permanent ordinance.This is an urgent matter.The present proposal to establish a new fraternity in the university neighborhood poses significant risk to the public safety, health, and welfare—particularly noise, parking and neighborhood disruption. In this connection, the undersigned realize that the present fraternity members of Alpha Sigma Phi, have rented the property at 411 W. Garfield through the end of July, 2022. Although the undersigned are concerned about continued use of the house,they recognize that some time will be necessary to facilitate transition to other living arrangements. Accordingly, the undersigned do not object to these members' use of the house through the end of July, 2022. However, the adoption of the interim ordinance is necessary to disabuse this new proposed fraternity, and any others, of the notion that they may locate their new houses in established residential neighborhoods. This proposal is made on behalf of concerned and impacted neighbors of the University Neighborhood Association, as represented by UNA President,Tonya Stevens. A separate petition for signatures also requests that the affected neighbors indicate whether they were aware of the 2018 amendment to the Bozeman Municipal Code, which deleted the category of Fraternity and sorority houses. This is important because the right of public participation is guaranteed by the Montana Constitution in Art. II, Sec. 8: Page 3 The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law. See also Art. II, Sec. 9 ("Right to know"). In the informal polling conducted by UNA so far, no one was aware of this change. UNA expects that the checked "yes/no" boxes associated with the collection of signatures will verify that this amendment was not known to the public. Respectfully submitted, `� 5 ate �onya Stevens, President UNIVERSITY NEIGHBORHOOD ASSOCIATION Page 4 5/16/22,9:33 AM Bozeman,MT Code of Ordinances Sec. 38.08.020. -Authorized uses. A. Uses in the various residential districts are depicted in Table38.08.020 in subsection C of this section. Principal uses are indicated with a "P," conditionabses are indicated with 'C, accessory uses are indicated with an "A" and uses whiciare not permitted wi the 'stri are indicated by a B. Additional uses for telecommunication uses are contained irarticl 2 o t apter. C. The uses listed are deliberately broad and some are given special fi ions iarticle 42 of this chapter. The intent of this method is to provide general for uses✓hile allowing the • unique needs and circumstances of each proposal t cificallycldressed through the review process. Some uses are the subject of gulationsontained in article 22 of this chapter. "t 1 Z Table 8.08.020 Table of R e I U es Authorized Uses R-S R-1 R-2 R-3 R-4 R-5 R-O RM H Acc ssory dwelling units8,9 C C P P P P P — Agricultural uses on 2.5 acres or P — — — — — —more 2 Agricultural uses on less than 2.5 C — — — — — — — acres 2 Apartments/apartment building, — — — — P P P — as defined in article 42 of this chapter Bed and breakfast C C C C P P P — Commercial stable EA t 5/16/22,9:33 AM Bozeman,MT Code of Ordinances Community centers C C C C C C P C Community residential facilities P P P P P P P P with eight or fewer residents Community residential facilities — — — C P P P — serving nine or more residents Cooperative housing C C C P P P P C Cottage Housing — P P P P P P P Day care centers C C C P P P P C Essential services Type I A A A A A A A A Essential services Type II P P P P P P P P Essential services Type III CIO CIO CIO CIO C 10 CIO C 10 C 10 Family day care home P P P P P P P P Fences A A A A A A A A Fraternity and sorority houses — C P — P — Golf courses C C C — — — — C Greenhouses A A A A A A A — Group day care home P P P P P P P P Group living P P P P P P P P Guesthouses A A A A A A A — Home-based businesses 5 A/C A/C A/C A/C A/C A/C A/C A/C 2/5 5/16/22,9:33 AM Bozeman,MT Code of Ordinances Lodging houses — — — C P P P — Offices — — — — C3 C 3 P — Other buildings and structures A A A A A A A A typically accessory to authorized uses Private garages A A A A A A A A Private or jointly owned A A A A A A A A recreational facilities Private stormwater control A A A A A A A A facilities Private vehicle and boat storage A A A A A A A A/C 4 Public and private parks P P P P P P P P Manufactured homes on P P P P P P P P permanent foundations 1 Manufactured home communities — — — — — — — P Medical offices, clinics, and — — — — C C 3 P — centers Recreational vehicle parks C — — — — — — P Restaurant — — — — — P 11 — — Reta i I — — — — — P 11 — — I Short term rentals (Type 1) P E P P P P P P — 3/5 5/16/22,9:33 AM Bozeman,MT Code of Ordinances Short term rentals (Type 2) — — P :1 P P P P — Short term rentals (Type 3) — — — — — — — — Signs, subject to article 28 of this A A A A A A A A chapter Single-household dwelling P P P P P P P P Temporary buildings and yards A A A A A A A A incidental to construction work Temporary sales and office A A A A A A A A buildings Three- or four-household dwelling — — — P P P P — Two-household dwelling — — P P P P P — Townhouses (two attached units) P7 P7 P P P P P P 7 Townhouses (five attached units — — — P6 P P P or less) Townhouses (more than five — — — — P P P — attached units) Tool sheds for storage of domestic A A A A A A A A supplies Uses approved as part of a PUD C C C C C C C C per article 20 of this chapter Veterinary uses C — — — — — — — 4/5 5/16122,9:33 AM Bozeman,MT Code of Ordinances Notes: 1 Manufactured homes are subject to the standards of section 38.22.130. z Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels the review authority may determine that a larger number of livestock is consistent with the requirements of this section. 3 Only when in conjunction with dwellings. 4 Storage for more than three recreational vehicles or boats. s Home-based businesses are subject to the terms and thresholds of section 38.22.110. 6 In the R-3 district,townhouse groups shall not exceed 120 feet in total width. 7 In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of chapter 38, article 43, Affordable Housing. May only be utilized in developments subject to chapter 38, article 43. 8 Not permitted on reduced size lots for work force housing as described in chapter 38, article 43. 9 Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in subdivisions receiving preliminary plat approval after January 1, 1997. 10 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 11 Subject uses are limited to 2,500 sf of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. (Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, § 2(18.16.020), 7-16-2007; Ord. No. 1761, exh.A(18.16.020), 7-6-2009; Ord. No. 1769, exh. E(18.16.020), 12-28- 2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord. No. 1830, § 6, 9-24-2012; Ord. No. 1893, § 5, 8-11-2014; Ord. No. 1930 , § 1, 1-3-2016; Ord. No. 1942 , § 4, 4-25-2016; Ord. No. 1952 , § 4, 7- 11-2016; Ord. No. 1974. §4, 9-11-2017, eff. 12-1-2017) 5/5 Sec. 38.310.030. Authorized uses—Residential zoning districts. Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P=Principal uses;C=Conditional uses;S=Special uses;A=Accessory uses; —=Uses which are not permitted. 2. If a *appears after the use,then the use is defined in article 7. 3. Where a code section is referenced after the use,then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box,then the use may be allowed subject to development conditions)described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-W RMH General residential Accessory dwelling units* P P P P P P P - -attached(38.360.040) Accessory dwelling units* P P P P P P P - -detached(38.360.040) Apartments/apartment — — — — P P P — building* Apartment building, — — — P P P P — limited4 Cottage housing P P P P P P P P (38.360.120)* Manufactured homes on P P P P P P P P permanent foundations(38.360.170)* Manufactured home — — — — — — — P communities* Single-household P P P P P P P P dwelling(38.360.220) Two-household dwelling — — P P P P P — (38.360.220) Three household dwelling — — — P P P P or four-household dwelling(38.360.220) Townhouses*& P2 P2 P P P P P P3 rowhouses* (two attached units)(38.360.250) Townhouses*& — — — P3 P P P — rowhouses* (five attached units or less) (38.360.250) Created: 2022-03-07 08:34:41 [EST] (Supp.No.11,Update 4) Page 1 of 2 Attachment B Townhouses*& — — — — P P P — rowhouses* (more than five attached units) (38.360.250) Group residential Community residential P P P P P P P P facilities*with eight or fewer residents Community residential — — — S P P P — facilities*serving nine or more residents Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living P P P P P P P P (38.360.135)* Lodging houses* — — — S P P P — Transitional and S S S S S S S S emergency housing (38.360.140)* and related services Notes: 1. The primary use of a lot,as measured by building area,permitted in the R-O district is determined by the underlying growth policy land use designation.Where the district lies over a residential growth policy designation the primary use shall be non-office uses;where the district lies over a non- residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1,and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380,Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district,townhouse groups must not exceed 120 feet in total width. 4. Supplemental use criteria for apartment building, limited are in section 38.360.070. Created: 2022-03-07 08:34:41 [E57] (Supp.No.11,Update 4) Page 2 of 2 Table 38.310.030— With the proposed amendment below: Sec. 38.310.030.Authorized uses—Residential zoning districts. Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P=Principal uses;C=Conditional uses;S=Special uses;A=Accessory uses;—=Uses which are not permitted. 2. If a*appears after the use,then the use is defined in article 7. 3. Where a code section is referenced after the use,then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box,then the use may be allowed subject to development conditions)described in the footnotes immediately following the table. Uses I Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-01 RMH General residential Accessory dwelling units* P P P P P P P — attached(38.360.040) Accessory dwelling units* P P P P P P P - -detached(38.360.040) Apartments/apartment — — — — P P P — building* Apartment building, — — — P P P P — limited 4 ********* Group residential Community residential P P P P P P P P facilities*with eight or fewer residents ********* Fraternity and sorority I I I I C I P I I P houses ********* Transitional and S S S S S S S S emergency housing (38.360.140)*and related services Notes: 1. The primary use of a lot,as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation.Where the district lies over a residential growth Created: 2022-03-07 08:34:41 [EST] (Supp. No.11,Update 4) Page 1 of 2 ECJ ftj ft Applied Communications,LLC ,� �� ► 151 Wedgewood Ln. Whitefish,MT 59937 1,o (406)863-9255 (406)250-6632 cell rhornena,appcom.net S MEMORANDUM To: Bozeman University Neighborhood Association From: Bob Horne CC: James Goetz, attorney at law Re: report on certain provisions of the Bozeman Unified Development Code (UDC) Date: May 17,2022 At your request,I have examined certain provisions of the City of Bozeman Unified Development Code (UDC)pertaining to specific standards for allowed uses in residential zones. Your concern, as expressed to me by attorney,Jim Goetz, is a particular classification of uses called"fraternity and sorority houses". This classification was not permitted in several residential zones, including R-1 and R-2,prior to 2018. However,the UDC was rewritten by the City beginning around the 2017 time frame, and the new UDC became effective on March 31,2018.The new UDC contains a land use table 38.310.030 which does not list fraternities and sorority houses as a separate classification, and therefore,these uses are now"permitted" in all eight residential districts with no set standards except for a maximum density based on lot size and parking standards based on the number of residents. As Jim explained, and as verified by phone conversations and a-mails with Mr. Tom Rogers, a Senior Planner with the City of Bozeman,the new UDC includes fraternities and sorority houses in the classification of"group living". However,the code definition of"group living"makes no mention of fraternity and sorority houses. Group living. A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part. What is often called a"lawful similar use"procedure is set forth in Sec. 38.310.020 of the UDC,but there is no indication that the City followed this process to arrive at the conclusion that fraternity and sorority houses fall into the"group living"definition. As a Eent • Page 2 May 20,2022 professional planner who has written and administered codes over a 40-plus year career,I find it curious that a university city is treating fraternity and sorority houses in such a cavalier manner. Proper locations and standards for these facilities is a prominent"town and gown" issue faced by most college towns across the country, and it is surprising to me that the City of Bozeman has chosen to give them so little regulatory attention in the new UDC. I would also like to point out what I find to be the "open endedness"and vagueness of the group living definition. When compared to other classifications in the residential use table (38.310.030.A) such as "community residential facilities", "lodging houses", and "transitional and emergency housing and related services",the group living definition reads like a catch-all. Indeed,the definition contains the language"...which does not otherwise meet the definition of another residential use defined in this chapter." Once again, I find it curious and unusual that such a vaguely defined classification is listed as a"permitted use" in all eight of Bozeman's residential zoning districts rather than a conditional or special use. By contrast, the City of Missoula does not allow fraternity and sorority houses at all in their residential districts that are comparable to Bozeman's R-1 and R-2 districts. Related to the points above, I note this paragraph in Sec. 38.310.010: C.The uses listed are deliberately broad [sic] and some are given special definitions in article 7 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process.Some uses are the subject of special regulations contained in division 38.360 of this article. (Emphasis added.) However, this is NOT the case with fraternity and sorority houses. Because they are "permitted"uses in all residential zones,they are not subject to a"review process". They are only held to a standard of density (number of residents) and parking. In the R- 2 district, 750 square feet of lot area are required per resident of a group living facility. In selecting a residential lot located along S. 51h Ave. at random,that lot is 12,588 square feet in area. At one group living resident per 750 square feet,this lot could theoretically accommodate 16 residents. Making a gross assumption that single-family homes in this area of Bozeman average 4.0 persons per unit, the group living facility could legally have four times the density of an average single-family home in the area. Contrast this with the statement in Sec. 38.360.135.1 which reads: 1. The density of residents in a group living use is limited to generally approximate and correspond with the density limits that apply to other types of housing in residential zoning districts. Clearly this is an erroneous statement when and if a group living facility is allowed to operate at full density in the residential area east of Montana State University. 0 Page 3 May 20,2022 As for the matter of required parking,the table in Sec. 38.540.050 requires one space for each resident of a group living facility. This standard means that 16 parking spaces would be required at group living facility with 16 residents. While there is a provision to reduce that number, a reduction in the parking requirement is by no means guaranteed. To obtain a reduction in required parking,the applicant must provide "evidence that some or all residents are prohibited from operating motor vehicles". It is highly likely that most college student possess an operator's license and that most are not"prohibited"from operating motor vehicles. When asked via e-mail by a representative of the UNA why the classification of "fraternity and sorority houses"was deleted from the use table in the newly adopted UDC and simply included under"group living", Senior Planner Tom Rogers replied, "The City has been moving towards a hybrid approach to zoning(form based vs. Euclidean). What this means is the Commission moved to consolidate uses into fewer categories of similarity. Fraternities and sororities are a type of group residential." (It should be noted that under the previous UDC, fraternity and sorority houses were also classified under the broad category of"group residential", but they were not permitted in most residential zones. Under the current UDC, where they were placed under the more narrow category of"group living", they are now allowed by right in all eight of Bozeman's residential districts.) I have no professional experience writing or administering a form based code, although I have some knowledge as to why and how they work. Therefore, I consulted the Form- Based Codes Institute (FBCI) and other Internet sources on form based codes. On the FBCI site is a section called"Standards of Practice for Form-Based Codes". These standards contain language about"enhancing the public realm", "pedestrian scale thoroughfare standards", "predictable physical outcomes", and "diversity of uses and housing types". I found nothing in my (admittedly limited)research that suggested "consolidating uses into fewer categories" is essential or even advantageous in a form based code. Therefore, I question this rationale for eliminating the classification of "fraternity and sorority houses"from the current UDC. Other questions, comments, and concerns: • With regard to the question, "What was the discussion about removing(fraternity and sorority houses from the use table?)", Senior Planner Rogers replied, "The discussion was less about removal but to consolidation of similar uses.Fraternal organizations that include housing are considered"group living" if they include more than four unrelated individuals under one roof." What is the logic of having a standard as part of the definition of"household"that allows no more than four unrelated individuals when a fraternity is allowed with an almost unlimited number of residents (limited only by lot area and parking) right next door, with parties, rushes, and full participation by members living elsewhere, all with no regulatory oversight such as a conditional use permit? ® Page 4 May 20,2022 • Sec. 38.360.220 sets forth purpose statements and standards for"Single,two, three, and four-household dwellings."Does this mean that the use of these dwellings must meet the definition of"household",which specifically excludes fraternity and sorority housing?If so,how can a fraternity or sorority house be allowed in any single,duplex,triplex, or fourplex residence? • According to Sec. 38.300.100,the purpose of R-1 and R-2 zoning"is to provide for one-and two-household residential development at urban densities...". If this is the case,how can fraternity and sorority houses be allowed in these zoning districts when they are expressly excluded under the definition of"household"?