HomeMy WebLinkAbout08-20-24 Public Comment - M. Kaveney - City Commission mtng. 8_20_24 AHO work sessionFrom:Marcia Kaveney
To:Bozeman Public Comment
Cc:David Fine
Subject:[EXTERNAL]City Commission mtng. 8/20/24 AHO work session
Date:Monday, August 19, 2024 8:12:54 PM
Attachments:City Commission AHO Comments.docx
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Please add the attached letter to the CC file for the AHO work session on 8/20/24.
Thank you,Marcia Kaveney
City Commission AHO Comments
August 20, 2024 CC Work Session
Dear Mayor Cunningham, Deputy Mayor Morrison, and Commissioners Madgic, Fischer, and
Bode;
I have reviewed the staff’s recommendations for revisions to the Affordable Housing Ordinance
(AHO) and appreciate the hard work that staff has done on this issue. I can see they heard many
of the complaints and have recommended some good revisions. I have also reviewed materials
offered by the Better Bozeman Coalition and appreciate their insight and research into other
ideas that are less extractive of the city’s land and water resources than the ongoing trend of
upzoning and incentives that may return many unaffordable units. I offer the following
comments for you to consider during your work session on the AHO.
I would like you to repeal the entire AHO (or put it on pause) and plan to have it reviewed and
redrafted along with the UDC update and with substantial participatory public work sessions.
This request is based on the former lack of community input, flaws revealed with the Guthrie
proposal, and the timing of the upcoming UDC update.
I think the deep incentives should be repealed immediately and perhaps permanently.
While eliminating or relaxing parking requirements might work in a city with established public
transit or one with mild winters, it is not conducive to most Bozeman residents. Not only do we
often have long harsh winters, but the city now sprawls to the point of having no central
location for essential services (medical and grocery), yet our public transit is limited in it’s
service area.
I urge you to eliminate the administrative-only reviews of all AHO projects and house them
instead within a PUD type of application with public hearings.
In addition to pausing the AHO rewrite, I think this is an appropriate time to call for a
moratorium on all new annexations, except for land wholly surrounded by city, while we wait
for the thousands of current expected units to be built out. This is especially important to allow
for the UDC to be updated to meet the 2020 Community Plan/growth policy. We are 4 years
behind it’s update while operating business as usual. We are to guide development to meeting
the city’s many environmental or affordable goals until those goals are codified.
I would also suggest restructuring any new site plans and infrastructure of already annexed land
to be built concurrently (to avoid increasing empty city streets (i.e. urban camping areas) and
requiring ALL future development to use a PUD/PDZ style process with public hearings. This
would arguably allow the city to avoid future Canyon Gates situations whereas a year after they
were given full approval for denuding the property and regrading it to suit their vision of almost
500 units and a commercial area, we now have an empty hot urban wasteland with no
vegetation except invasive weeds, no built environment in sight, and the developer trying to sell
off entire parcels.
Lastly, I would like to see the city require some sort of building/insurance bonds since we have
learned that a developer’s promise is no guarantee. i.e. the Lehrkind Brewery Building (the
wall), the eviction and removal of an entire trailer park (affordable housing ) by Blue Sky
developers before defaulting on their plans, and others we have yet to experience.
Some of my suggestions might seem extreme but I think it is time to fight for what we want. We
have no shortage of market rate housing for the wealthy residents and/or newcomers and I
believe it is a disservice to the local residents to incentivize subsidize additional housing if the
project includes a majority of market rate units. To do so essentially gives away our resources of
water, land, urban forest, and available sunlight (solar panels/gardens) without getting a good
return on our investment such as- affordable apartments or homes complete with small
outdoor spaces and adequate parking.
If you find you disagree with me and the many other residents to repeal and redraft the entire
AHO or at least repeal the deep incentives, then I ask you to please consider the following
during your work session on Tuesday, August 20, 2024.
1. Restrict the use of the AHO to busy arterials such as North and South 19th Ave., North
7th Ave., Oak St., and Huffine. These areas are centrally located and/or have access to public
transit and will not break up existing historic neighborhoods.
2. Include provisions to deny the incentives on a case by case basis and provide each
case with a public hearing and comment period.
3. Be consistent with definitions across documents such as studio vs. efficiency, one
bedroom, etc. and follow the national standards (staff recommendations).
4. Require on site storage areas for all units. Require free indoor secure bike storage.
5. Require one level of indoor or under building parking such as ground floor or lower
level. This is an excellent use of land and is used in other major cities and reduces impermeable
surfaces/heat islands.
*6. Require retainment of 75 % or more of existing mature trees and shrubs with highest
emphasis on the retention of mature trees.
(Nationwide, it is often our most vulnerable populations that suffer the ill effects of low
tree canopy and urban heat islands. Let’s not remove old growth for new housing. i.e. Canyon
Gate, 7th and Aspen, etc. )
7. Provide incentives ONLY for the missing middle housing units currently found in the R3
description. We have scads of 4, 5, and 6 story apartment buildings going up all around town
but rarely is R3 being used and yet, it was determined to be “missing and affordable” in the
Bozeman Community Plan 2020. Goal N-3.8.
8. I agree with staff to decrease the AMI% threshold to 60% maximum and I would add
requiring at least 65% percent or more of units to be affordable with the shallow incentives and
85% of the units be affordable should you choose to continue with deep incentives. This is
where we establish our goals and fight for what we want.
9. Requiring affordability for 50 years as suggested by staff is an improvement, but I
would rather see it in perpetuity.
10. Establish some kind of safe guard for not demolishing existing small homes,
duplexes, triplexes, etc. in any neighborhoods. Extended NCOD?
11. I agree with staff recommendation of allowing “income averaging”.
12. Establish a method of supporting tenants to be able to stay in place as their earnings
increase so they don’t have to move if their earnings increase beyond the initial income limit.
This supports individual stability and true community. I expect there are already formulas
available for doing this.
13. I disagree with staff’s suggestions for open space to be limited to balconies and for
parking to be 1000 feet away off-site. I also disagree with unlimited lot coverage. As I mentioned
before, vulnerable populations are subject to living in urban heat islands and our boulevards are
sometimes too narrow for mature trees to thrive so I think it is imperative that we require some
landscaping for shade to be on the property and not just in the boulevards. It is especially
important to remember new plantings will not provide shade and ecological services for about 3
decades. As a current example, the 7th and Aspen affordable housing project is planning to
demolish 2 very mature spruce trees with upwards of 24 inch diameters- trees that if not on
private land but out in the wild would be considered rare old growth and valuable for the
ecological services they provide. If left in place on the site’s west side, they would continue to
provide valuable shade and a visual shield for the residents and also habitat for our urban
wildlife.
14. In response to the Gold, Silver, and Bronze levels of incentives, I find that we give
away more with the Gold but don’t get more in return than the Silver. I think the height
requirements should, in all cases, never be more than what is described in the Silver level. And
parking requirements should always be at least 80% of number of units and underneath the
building. I think in the future rewrite of the ordinance, there may be value in using different
levels for incentives instead of shallow vs. deep.
15. Also, regarding parking and deep incentives, I don’t believe current fulltime
traditional students should be included as part of the target audience of the deep incentives, if
they are. Many apartment vacancies currently exist near MSU where students can meet most,
if not all, of their needs without cars. The streamline bus system was developed to serve
students without cars and does a fine getting them where they need to go.
To conclude, let me reiterate the importance of pausing the AHO, pausing the annexations and
up zonings to eliminate sprawl (remembering that city sprawl does not slow county growth),
and repealing the deep incentives permanently or until the UDC is updated to serve the 2020
BCP, at which point we can begin again with a better handle on our resources and our goals. I
hope you will continue to support expanded public involvement. A townhall with at least 3
commissioners present may be a great way to continue the AHO discussions and start things off
for the UDC. And my thanks again to staff and the commission for all the hard work being done
to address housing while keeping in mind current residents, historic neighborhoods, and our
finite resources.
Sincerely,
Marcia Kaveney
Bozeman resident