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HomeMy WebLinkAbout03-04-25 Public Comment - J. Goetz - UDC RevisionsFrom:Myriam Jackson To:Bozeman Public Comment Cc:Jim Goetz Subject:[EXTERNAL]FW: UDC Revisions Date:Monday, March 3, 2025 11:37:47 AM Attachments:2025-03-03 Goetz - Bozeman City Commission.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 morning, Please see below email, which came back as an “undeliverable” email address. If this is not theappropriate email for this topic, please forward accordingly. Thank you! Best, Myriam Myriam JacksonLegal Assistant Goetz, Geddes & Gardner, P.C.35 North Grand | P.O. Box 6580Bozeman, MT 59771-6580 T: (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. If you have received this electronic mail transmission in error, please delete it from your systemwithout copying it and notify the sender by reply e-mail. From: Myriam Jackson Sent: Monday, March 3, 2025 11:35 AM To: agenda@bozeman.net Cc: Jim Goetz <jim@Goetzlawfirm.com> Subject: UDC Revisions Good morning, Please find attached a letter from Jim Goetz. Thank you. Best,Myriam Myriam JacksonLegal 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 systemwithout 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 March 3, 2025 Via Email Only Bozeman City Commission agenda@bozeman.net Re: UDC Revisions Dear Bozeman City Commission: My wife, Jill Davenport, and I reside at 1019 S. 3rd Ave., an area now zoned for single- family use. We have been active on City matters for the last several years, particularly on the proposed revisions of Bozeman’s UDC. We appreciate the tremendous amount of work that the City has put into this and also appreciate the opportunity to comment. Although we have not been enamored with the proposal to eliminate R-1 (single-family) zoning, we recognize that the development of the “RA” concept (which will allow duplexes in our neighborhoods) is a compromise and, in the spirit of compromise, we can support that. On other issues, we offer these comments: 1.HEIGHT: There should be a clear and easily understandable height limitation for buildings located in the new proposed RA zone. For some reason, the City planning staff and the consultants have embraced the silly new concept that seems to be the recent trend. As best I understand it, it is based on something called a “wall plate” concept. I don’t understand it. The planners don’t understand it. My wife has talked to a number of builders and they have no idea what the concept means. However, it appears that buildings may be allowed up to 65’ in height. That is completely incompatible with RA neighborhoods. What is wrong with the simple plain old height requirement? We built in 1993 at our present location, and the City’s height limitation was 32’. Not hard to understand. Please restore common sense simplicity on this. 2.PARKING: Just look at the clusters around East Olive Street and North Wilson Ave—that you have allowed. Particularly on snow days, these streets are largely impassible to two lane traffic. Please do not water down further any parking requirements. They will just add to intolerable congestion and pose a serious safety issue. Bozeman City Commission March 3, 2025 Page 2 3.GREEK HOUSES: Greek houses should be flatly banned in residential neighborhoods and confined to areas that are zoned for houses of higher density. We realize that certain “group living”, such as homes for mentally or physically impaired people, are allowed by statute in residential areas. I have heard one of the Bozeman planners say publicly that he cannot make a “principled distinction” between this group living concept and the issue of Greek houses. That is hogwash. Bozeman has for years carved out Greek houses as a separate use and regulated them separately. It was not until 2018 when the City furtively deleted Greek houses from its zoning code and tacitly assumed they would be covered by the concept of “group living”. The main difference is, of course, Greek houses serve as a magnet for drawing young people to their events and constitute a much different problem for residential neighborhoods than do carefully-regulated group living dwellings. If Greek houses are to be allowed, they should not be in RA-zoned areas. 4.THE FOUR-PERSON LIMIT: The City presently has an ordinance limiting housing in our neighborhood to four unrelated individuals. The problem is, the City is not enforcing that. If the City would simply enforce its present ordinance, life would be better in Bozeman. At present, parts of our neighborhoods are becoming ghettoized because landlords are getting away with cramming five, six, or more university students into what used to be single-family homes. This practice has yielded nice returns to ghetto-type landlords, but has degraded neighborhoods. More important, it has led to higher prices for existing homes because entrepreneurs are buying them up on the expectation that they can charge exorbitant rents—partly premised on their knowledge that the City will not enforce the four-person limit. I suggest, as an enforcement mechanism, that the City abandon the complaint-driven system and draft an ordinance with teeth in it placing the onus on landlords and their rental agencies (with meaningful penalties) to enforce the four-person limit. 5.HISTORIC PRESERVATION: The UDC proposal is vague on historic preservation. Recent polls conducted by the City show that historic preservation is of vital importance to a large majority of Bozeman residents. We urge you to adopt a measure which will have teeth in it regarding preserving Bozeman’s history. Thank you for consideration of these comments. Sincerely, ___________________________ James H. Goetz JHG:mj