HomeMy WebLinkAbout09-11-23 Public Comment - J. Loeb - Proposed Bozeman UDC Development Code OverhaulFrom:jeffrey loeb
To:Agenda
Subject:[EXTERNAL]Proposed Bozeman UDC Development Code Overhaul
Date:Sunday, September 10, 2023 2:37:43 PM
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Please forward this email to the Community Development Board in anticipation of the meeting Monday
9/11.
Dear Community Development Board:
This refers to the Proposed Bozeman UDC Development Code Overhaul. It's my understanding the
Community Development Board will receive a presentation tomorrow, Monday 9/11, on the Proposed
Code Overhaul with another meeting scheduled 9/18 as a public hearing on the UDC Code draft. If I am
wrong please advise as there is some confusion on my end in regard to this.
I am much concerned by the Public Review Draft (9/7/23) with my comments presented below:
- The changes proposed in the draft to residential neighborhoods is unprecedented and appear
almost intentional to negatively affect residential neighborhoods throughout the city. What's the
rationale to destroy what has been one of the underpinnings of Bozeman?
- The objective of creating more affordable housing via this draft code revision is a mystery,
unmoored and common sense dictates will not accomplish the goal of increasing low cost
housing;
a.) What proof exists that developers who purchase property for development in residential
neighborhoods (R1 and R2 for example) will create affordable housing? Any such homeowner/Seller in
these zones will want top dollar for their property which after development can only find its way to the
market at a premium rental or sale price (given the upfront investment to buy the home). There is no
rationale to support a low-cost housing outcome here as housing prices will be market driven within a
desirable Bozeman residential neighborhood. As they say....."that dog won't hunt".
b.) The amount of development in proximity to but outside Bozeman is staggering (Huffine, 4 Corners,
Belgrade, Manhattan, etc.) and is continuing. Is this housing inventory being considered part of the
affordable housing "math" or is Bozeman acting in a bubble by not considering how this inventory
(existing and underway) might already positively affect affordable housing in the area?
- Why does the Code rewrite incorporate R1,2,3 into one zone? Wouldn't a more reasonable win-win
solution be to put R1 and R2 into its own new separate zone with a much lower multi-unit density
definition (for example, restrict to 3 plex and only 2 stories) as a way to increase density but to also
protect/buffer existing residential neighborhoods and homeowners?
- Has the impact of larger footprint and height multi-plex dwellings been fully considered? Higher
building heights have an impact...existing solar panels blocked to sun exposure...killing of
trees/plants/landscaping no longer receiving sunlight...overall privacy...I'm sure there are many more.
- What's the urgency here? My understanding is the state has established a 1-3 year transition for
complying with SB 382 which is impacting the Bozeman code overhaul. The inference here is that a
code re-write this expansive, impactful and important MUST BE CODIFIED BY THE VOTERS of
Bozeman. It's Common sense that any Community Development Board or City Commission would want
it codified with the support of the community and not a committee.
- There are recent and clear examples of legislation outcomes and judicial decisions that reinforce
the treating of Fraternities and Sororities as a separate category. SB 335 (which had it passedwould have allowed fraternities and sororities within 1/2 mile from campus) was defeated in the 2022 MTLegislature. Also, a Bozeman judge recently ruled that a City Code text change made in 2018 to allowsuch Fraternities and Sororities in R1 and R2 was done without proper public notice and that it had torevert to code prior to such a change. Bottom line, the issue of Fraternities and Sororities in the draft
UDC makes no mention as to how this will be handled. Fraternities and Sororities must be listed
separately (as they are in Missoula and Billings) to honor these clear outcomes and intent of restricting
and controlling where they might reside in the city (and preferably on campus).
- Parking, parking, parking. It's limited as/is in residential neighborhoods. Any UDC change mustrequire development to carry with it its own parking solution and not impede in any way with what isavailable to existing homeowners.
Thank you for your review and I most surely will have other points to add prior to the meeting onSeptember 18. Please let me know should you have any questions.
Jeffrey Loeb1017 S. 4th Ave.Bozeman, MT 59715314-496-3441