HomeMy WebLinkAbout09-30-24 Public Comment - R. Brey - UDC update engagement planFrom:Ron Brey
To:Bozeman Public Comment
Subject:[EXTERNAL]UDC update engagement plan
Date:Monday, September 30, 2024 9:55:16 PM
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Mayor Cunningham and Commissioners
During a recent meeting of the Community Development Board, I suggested that part
of the update process for the UDC should be a case study or two of recent
controversial developments so we could actually compare the effect of proposed
language with developments approved under existing language. This suggestion was
met with several nods from Board members.
Of particular concern, I think, are some of the multi story developments in the NCOD which
occurred after demolition of existing structures. An understanding of the plain language in
the code would lead me to believe that 1) a COA would be required for the replacement
structure BEFORE the existing structure could be demolished, and 2) that the COA criteria,
while acknowledging diversity and modern design, requires a great deal more compatibility
with neighboring structures and spaces than is evidenced by these new structures.
I think the public needs to understand why these compatibility requirements were not met.
Were the developments exempt for some reason? Were the requirements overlooked?
Were the structures determined to be compatible?
Once an understanding of how the existing language provided for approval of the most
controversial structures, a comparison of the outcome for the same development under
proposed language can be made. The public can then clearly understand the effect of the
update.and provide meaningful public engagement.
I would ask the staff to lead us through the examples in a setting where they can also
respond to questions.
Some of the relevant code sections are referenced below:
Sec. 38.100.080. - Compliance with regulations required.A.
Sec. 38.340.100. - Demolition or movement of a non-historic structure or site in the NCOD.
A.
Certificate of appropriateness (COA) for demolition and subsequent development. Required for all
properties proposed for demolition or movement of any structure or site. ..
.
The applicable criteria are the COA criteria of section 38.340.050.
Sec. 38.340.050. - Standards for certificates of appropriateness.
DIVISION 38.340. - OVERLAY DISTRICT STANDARDS
Part 1. - Neighborhood Conservation Overlay District and Historic Preservation
.B.Sections 38.340.010 through 38.340.130 define and set forth standards which apply to the
conservation district.
C.The intent and purpose of the conservation district designation is to stimulate the restoration
and rehabilitation of structures, and all other elements contributing to the character and fabric of
established residential neighborhoods and commercial or industrial areas. New construction will
be invited and encouraged provided primary emphasis is given to the preservation of existing
buildings and further provided the design of such new space enhances and contributes to the
aesthetic character and function of the property and the surrounding neighborhood or area.
Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria,
as an acknowledged fact of the continuing developmental pattern of a dynamic, changing
community.
The language goes on to acknowledge diversity of old neighborhoods but lists many requirements
for compatibility with existing development.
There is other language that applies but doesn’t seem to have had the clarity to yield the results I
would have anticipated. In sum, let us understand how several of these were reviewed and
approved and what changes, if any, would affect these outcomes.
Thanks.
Ron Brey
1106 South 3rd