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Home My WebLink About10-13-23 Public Comment - J. Goetz - Revisions to the UDCFrom:Myriam Quinto To:Agenda Cc:Jim Goetz Subject:[EXTERNAL]Revisions to the UDC Date:Friday, October 13, 2023 4:49:48 PM Attachments:2023-10-13 Goetz - City Dev Board.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, Please find attached a letter from Jim Goetz. Thank you. Best,Myriam Myriam QuintoLegal Assistant Goetz, Geddes & Gardner, P.C.35 North Grand | P.O. Box 6580Bozeman, MT 59771-6580T: (406) 587.0618 | F: (406) 587.5144 NOTICE: This electronic mail transmission may contain confidential or Attorney-Client privilegedcommunications. It is not intended for transmission to, or receipt by, any unauthorized persons. Ifyou have received this electronic mail transmission in error, please delete it from your system without copying it and notify the sender by reply e-mail. James H. Goetz jim@goetzlawfirm.com The Ketterer Building 35 North Grand P.O. Box 6580 Bozeman, MT 59771 (406) 587-0618 goetzlawfirm.com October 13, 2023 Via Email Only Bozeman Community Development Board agenda@bozeman.net Re: Revision to UDC Dear Board Members: I have filed two comments on this matter already and will not reiterate what I previously said. However, a new development from this Board’s meeting of Monday, October 10, 2023, merits additional response. At that meeting, Planner Saunders presented a potential compromise, the main gist of which was to carve out our R-1 and R-2 zones from the proposed “R-A” and to reduce the allowable density from eight units to four. I worry that this Board may view Mr. Saunders’ suggestion as a reasonable compromise and vote to support it. A four-unit development in areas zoned for residential purposes is unacceptable. I’m attaching a photograph of the looming, unattractive building on 8th Ave., just across the street and south of the Irving School. This appears to be a four-unit development. This development and those that might be similar are simply incompatible with the beautiful, historic core areas of the old city of Bozeman, both north and south of Main Street. In short, the new Saunders proposal is not an acceptable compromise and it should be rejected. It is bad enough that the Legislature has now required duplexes (two-unit) in all areas zoned for single-families. If that stands up in court, this City’s hands are tied. But, let’s not make it worse. This is particularly the case given that there is no reason, compelling or otherwise, to proceed with this densification proposal in the name of affordable housing. Nobody believes that it will even make a dent in that problem. Finally, our University Neighborhood litigated with the City on its deletion of Greek houses from the 2018 UDC, and won. The effect of the Court’s ruling is that Greek houses are Bozeman Community Development Board October 13, 2023 Page 2 now reinstated as prohibited uses in low-density residential neighborhoods. One problem with the UDC draft that the planning staff now proposes, is that it does not provide for a continuation of that prohibition. So what is the status of Greek houses under the new proposal? I just read a response of Planner Chris Saunders to my neighbor Jeff Loeb, regarding this issue, and, with respect, it is incoherent. Apparently, Saunders is suggesting that Greek houses fall within the definition of “group living”. That argument failed and the lawsuit and makes no sense in the present draft. For example, in the August 14 draft at page 3-17, regarding “group living”: 3. On-site services and facilities In any Residential on-site services and facilities may be provided only to residents of the group living use. Thus, recreational use of the facility as well as meals may not be provided to non-residents. Under Section 2 “Density” from Section b provides: For the purpose of these regulations “residents” include all people living at the site, including children, except that people who provide support services, building maintenance, care, and supervision, are not considered residents. So, under the new proposed code Greek houses are not explicitly dealt with, nor do they fall within the definition of “group living”. After our full year of litigation on this issue, why would the City leave this issue in a definitional limbo? This simply invites further litigation when, with minor adjustments, the code could clearly spell out that fraternities and sororities are prohibited in low-density residential areas. Finally, in your meeting of several weeks ago, Planner Saunders made the nonsensical statement that he, as a planner, cannot distinguish in principle between fraternities and sororities and group living. I say this is nonsense because Bozeman’s own zoning codes have, for years, made the distinction. For example, in the Court’s decision on our case, Johnson, et al. v. Alpha Sigma Phi, et al., Cause No. DV-2022-1006C, the Court said: Prior to 2018, Greek housing was a stand-alone residential use category. New fraternity and sorority houses were prohibited in the residential zones. Id. at 2. Elsewhere the Opinion discusses a lack of public notice, stating “…none even remotely suggested that the City intended to end its thirty-plus year prohibition on new Greek housing in residential neighborhoods.” Id. at p.15. And, as the Court noted, Greek houses “had been prohibited for decades." Id. at p. 18. Moreover, in rejecting the argument that Saunders now makes on “group living”, the Court said: Bozeman Community Development Board October 13, 2023 Page 3 If one happened to see the May 2017 revision with the show-edit bubble message (“merge into group living”), one could look up the definition of “group living” in Article 7 of the draft, updated UDC and find a generic definition without any of the identifying, distinctives relating to their (meaning Greek houses) unique attributes for tradition and ritual, social activities, national affiliation, leadership, scholarship, philanthropy, and member- based exclusivity among others. Id. at p. 16. Please, after all of this litigation, do not lead the City into the same mistake. Sincerely, ___________________________ James H. Goetz JHG:mq Enc.