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HomeMy WebLinkAbout05-04-25 Public Comment - D. Kaveney - Fw_ Inclusion of Citizen Comments in UDC UpdateFrom:Terry Cunningham To:Bozeman Public Comment Subject:Fw: [EXTERNAL]Inclusion of Citizen Comments in UDC Update Date:Monday, May 5, 2025 7:41:43 AM Attachments:Phase_II_CDB_Memo_5-5-2025.pdf Forwarding for visibility Terry Cunningham - Mayor City of Bozeman | 121 North Rouse Avenue | P.O. Box 1230 | Bozeman, MT 59771 P: 406.595-3295 | E: Tcunningham@bozeman.net | W: www.bozeman.net From: Dan Kaveney <dan.kaveney@gmail.com> Sent: Sunday, May 4, 2025 10:01 PM To: Terry Cunningham <TCunningham@BOZEMAN.NET>; Joey Morrison <jmorrison@BOZEMAN.NET>; Douglas Fischer <dfischer@BOZEMAN.NET>; Jennifer Madgic <jmadgic@BOZEMAN.NET>; Emma Bode <ebode@BOZEMAN.NET> Subject: [EXTERNAL]Inclusion of Citizen Comments in UDC Update 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. Dear Mayor Cunningham, Deputy Mayor Morrison, and Commissioners, I am writing because I am concerned that one aspect of your UDC update project might be going off the rails, and I wanted to bring it to your attention so you could do somethingabout it if that is, indeed, the case. I read with some concern the Community Development Department’s report of May 5 to the Community Development Boardregarding the Phase II of the Supplemental Engagement of the Unified Development Code 2022 Update (attached to this missive for your easy reference). It’s a difficultdocument to parse for a whole host of reasons, so if I’m misinterpreting it then I’ll be happy to stand corrected. However, if I’m reading it right it looks to me as though citystaff is directing the Community Development Board to ignore, for the purpose of the UDC update, much of the public engagement input you, the city commission, directedthem to gather about the UDC via surveys and both city-led and citizen-led meetings. On page 4 the report says the following: “Identified Primary Issues Through the development of areas of concern gleaned from Phase I of the Supplementary Engagement and more detailed discussion of the workshops of Phase II, all comments andwere compiled and analyzed for actionable outcomes and direction the City Commission can consider. 1. Regulating building mass and scale – techniques and standards 2. Zone Edge Transitions (ZET) 3. Zoning map refinement 4. Integration of other city projects outside of the scope of the UDC Update including: i. Water Adequacy via the Integrated Water Resource Plan ii. Sensitive lands via the Wetlands Code Update iii. Affordable Housing ordinance (revised and adopted) iv. Neighborhood Conversation Overlay District (NCOD) and Historic Preservation via the Landmark Program v. Implementation of the Parks, Recreation & Active Transportation Plan (PRAT) vi. Urban Forest via the Urban Forestry Master Plan update Many of the comments received during Phase I and II focused on current applications forimmediate construction that follow the existing development code. Although there are lessons to learn, many of the concerns and issues raised are addressed with the proposed revisions ofthe UDC or are a direct result of State rules and laws the city cannot address. In addition, several of the issues raised are outside of the scope of the UDC update. The code update didnot intend or propose to revise all standards and most of the content of the UDC are a combination of state mandated process and enabling procedures. Any expansion of the scopemust be directed by the City Commission with any associated amendments to the contracts with any associated costs be allocated from another project or funding source.” First of all, how is it possible that “all comments” were compiled by May 5 when the deadline for submitting those comments isn’t until May 8? What happens to thecomments submitted between whenever they started compiling and May 8? Are they just ignored? I’d hate to think city staff would do that, but one wonders what is going onwhen the report gives no explanation for this discrepancy. I think it's crucial that all comments submitted before May 8 be collected and analyzed, and I request that youensure that happens. Second, and more important, it seems to me that most of the topics found in the UDC Toolkit the city provided (Environment, Growth, Housing, Neighborhood, Transportation)would fall under bullet point 4, “Integration of other city projects outside of the scope of the UDC Update”. If my understanding is correct, the city commission specificallydirected that input about all these topics be gathered IN ORDER TO INFORM THE UDC UPDATE. Is the commission (and Bozeman residents) just now being informed that you“may not consider” much of what you ordered collected? I hope not, because if that is the case and you allow much of this input to be discarded as a part of the UDC updatethen it will be a significant breach of trust. We've been going through some hard times lately, and it has been my experience that Bozeman residents already distrust ourprocesses for managing growth and development (as well as the city staff involved in these processes). Failing to include all this commentary after asking residents to give itwould significantly worsen the problem. If it is true that city staff are failing to follow your directives by including ALL the information you ordered collected in the UDC revision (rather than shunting some of it tosome other city plan or process that won’t be enforceable in any way), then it’s important to reject this iteration and send staff back to the drawing board with amessage that this approach is unacceptable, along with a mandate to correct course. Bozeman residents worked hard to collect that information at the city’s behest, and it’simportant to include it in the UDC update as promised. If the original scope of the project has to be adjusted in order to make this happen then so be it. Lastly, that report. Really? I’m retired, but if someone had sent something like that to mewhen I was working I would have sent it back with a note that said, “I didn’t read this carefully because it’s not ready for my review. Please edit for clarity, completeness,neutrality, and length (reduce word count by 20% or so) and resubmit”. You deserve better materials than that when doing a very difficult job. I hope I’m wrong about this and I’m simply misinterpreting the report. If so, I apologizefor wasting your time. If not, I hope you find this letter helpful. Sincerely, Dan Kaveney -- **Dan Kaveney To: Community Development Board From: Community Development Department Date: May 5, 2025 RE: Phase II of the Supplemental Engagement of the Unified Development Code 2022 Update General Background The Unified Development Code (UDC) sets regulations around what kinds of development can occur in which areas. For the 2022-2023 Commission 2-year priority cycle, Bozeman City Commission named the UDC update as a key priority of the city. Thus began the UDC Update process, a project that kicked off in summer 2022 with the goals of: o Implementing the vision and goals of other guiding City documents, such as the 2020 Community Plan, Climate Action Plan, and the Community Housing Action Plan o Organization and choice - Making the Code more user-friendly o Housing Access and Choose o Improve the built environment o Subsequently, updating the Code pursuant to changes in state law A variety of in-person and virtual engagement opportunities were held throughout 2022 and 2023, and in the summer of 2023, following feedback from the public and Commission, a draft code was released. Some residents expressed concerns about the draft and requested more time to review and give feedback. In October 2023, the Commission paused the process with the desire to pick back up in 2024. In September 2024, Commission restarted the project with a work session on how the project will resume, including what engagement might look like. On October 1, Commission approved the two phase supplemental engagement plan. Since then, staff have executed the supplementary engagement plan through the following methods: o Launched an online survey that ran from Nov. 22 through Jan. 8 and garnered 229 responses. o Hosted an online webinar on 12/9 that had 76 attendees. Page 2 of 7 o Hosted five in-person open houses, one in each quadrant (NW, SW, SE, NE) of the city and one at MSU, which had at least 238 attendees total across all events (some attendees were not captured at sign-in). o Hosted eight (8) meetings with groups including Local Food Systems partners, Better Bozeman Coalition, University Neighborhood Association, Jandt Neighborhood Association, Midtown Neighborhood Association, Cooper Park Neighborhood Association, Northeast Neighborhood Association, and Forward Montana. o Used a variety of methods to communicate engagement opportunities including emails to key partners; Engage Bozeman newsletters and web updates; Bozeman.net banner, e-notifications and calendar updates; a message in the utility bill; a paid mailer to all who reside in the city; a press release to media outlets; a paid Facebook/Instagram social media ad; social media posts on Facebook, Instagram, Twitter, Nextdoor; and a paid ad in the Bozeman Daily Chronicle. Results of Phase 1 of the Supplementary Engagement Plan are summarized in the following two reports: ▪ UDC Update Phase I Open House Summary Report [External PDF Link] ▪ Online Survey Result Report [External PDF Link] Engagement continued with four in-person workshops held in various parts of the city, two online workshops, a toolkit for residents to host their own chat about the UDC, and an online survey. The purpose of the engagement process was to dive deeper into the key topics of greatest community interest that were identified during phase 1 of engagement and to expand the breadth of awareness and participation in the community and to get further detailed input. The dates, times, and topics each workshop were: 1. Transportation & Environment: Feb. 24: 12 to 2 p.m. online. 2. Transportation & Environment: Feb. 26: 6 to 8 p.m. at Gallatin County Fairgrounds. 3. Growth, Housing, & Neighborhoods: March 3: 12 to 2 p.m. Online. 4. Housing & Neighborhoods: March 5: 6 to 8 p.m. at Chief Joseph Middle School. 5. Growth & Neighborhoods: March 10: 6 to 8 p.m. at Sacajawea Middle School. 6. All topics (Transportation, Environment, Growth, Housing, Neighborhoods): March 12: 6 to 8 p.m. at Willson School. Page 3 of 7 Next steps involved renewed discussions with the City’s advisory boards and City Commission to determine the scope of potential revisions to the draft UDC. Advisory board meeting dates were: 1. Historic Preservation Advisory Board: March 19 at 6:00 p.m. in the City Hall Commission Room 2. Transportation Board: March 26 at 6:00 p.m. in the City Hall Commission Room 3. Urban Parks and Forestry Board: March 27 at 6:00 p.m. in the City Hall Commission Room 4. Economic Vitality Board: April 2 at 6:00 p.m. in the City Hall Commission Room 5. Sustainability Board: April 9 at 6:00 p.m. in the City Hall Commission Room Following necessary time to write those revisions, city staff will release an updated draft for public review and comment. This will be followed by the formal hearing process, likely in the fall, for ultimate decision by the City Commission. The full text of the draft Chapter 38 [External PDF] is as available online in the Engage Bozeman Project web site. The existing draft does not contain the recently adopted update to 38.380 Affordable Housing. Those provisions are already in effect and will be integrated with the next update to the draft UDC. During the UDC update process, the Montana Legislature passed new enabling legislation that modifies development review processes and requires the City to demonstrate that its regulations support additional housing creation. These requirements as well as local priorities have shaped the draft text and the public outreach process. The 2025 Legislature also passed a number of new laws affecting processes and standards that will require further revisions to the draft. The session concluded on April 30th and we will know by the end of May what laws completed the adoption process. Results of Phase 2 of the Supplementary Engagement Plan to date are summarized in the following reports: ▪ Consolidated Workshop Notes [External Report Link] ▪ Board Discussion Summary to date [External Report Link] The community chat toolkits wrapped up on April 30th and the online survey is still open until May 8th. No summary of these engagement outcomes is available yet. Page 4 of 7 The City Commission will receive an update on the completed Phase 2 Supplementary public engagement process on May 20th. A work session discussion of possible changes to the draft and direction from the Commission is scheduled for June 24th. Advisory Board Agendas This summary of public engagement to date, in conjunction with specific issue identification was presented to each advisory board as listed above. Links to each agenda item and the associated memo are included here for reference. The UDC update has been brought before each Board multiple times throughout the process and will engage with each board, as needed, with subsequent revisions. Historic Preservation Advisory Board [External Agenda Link] Transportation Board [External Agenda Link] Urban Parks and Forestry Board [External Agenda Link] Economic Vitality Board [External Agenda Link] Sustainability Board [External Agenda Link] Identified Primary Issues Through the development of areas of concern gleaned from Phase I of the Supplementary Engagement and more detailed discussion of the workshops of Phase II, all comments and were compiled and analyzed for actionable outcomes and direction the City Commission can consider. 1. Regulating building mass and scale – techniques and standards 2. Zone Edge Transitions (ZET) 3. Zoning map refinement 4. Integration of other city projects outside of the scope of the UDC Update including: i. Water Adequacy via the Integrated Water Resource Plan ii. Sensitive lands via the Wetlands Code Update iii. Affordable Housing ordinance (revised and adopted) iv. Neighborhood Conversation Overlay District (NCOD) and Historic Preservation via the Landmark Program v. Implementation of the Parks, Recreation & Active Transportation Plan (PRAT) vi. Urban Forest via the Urban Forestry Master Plan update Many of the comments received during Phase I and II focused on current applications for immediate construction that follow the existing development code. Although there are Page 5 of 7 lessons to learn, many of the concerns and issues raised are addressed with the proposed revisions of the UDC or are a direct result of State rules and laws the city cannot address. In addition, several of the issues raised are outside of the scope of the UDC update. The code update did not intend or propose to revise all standards and most of the content of the UDC are a combination of state mandated process and enabling procedures. Any expansion of the scope must be directed by the City Commission with any associated amendments to the contracts with any associated costs be allocated from another project or funding source. Nevertheless, comments on specific projects and subject areas outside of the scope of the UDC Update underscore the importance of completing this project and support the City’s desire to continue working on the other major projects listed above. Purpose of Meeting This presentation and discussion will review activities and findings from Phase I and Phase 2 of the supplemental engagement, provide an overview of what we heard during these events, and discuss how this input is being used to inform the ongoing review. Secondly, as directed by the City Commission on Tuesday, February 4, 2025, provide an overview of the comments from other advisory boards and identify topics and process for the Community Development Board to continue their review. An updated Affordable Housing Ordinance was recently adopted and became effective on March 14, 2025, as Ordinance 25-001. The updated housing standards are now integrated into the online municipal code in 38.380 and will be inserted into the next draft of the UDC. Creating code requires balancing of many priorities. Code development is an ongoing process as new issues are identified, new Issue Plans are adopted, and community needs change. Code work occurring separate from this UDC update include: o Revisions to wetland protection standards, and o Updating of standards relating to parks and active transportation based on the Parks Recreation and Active Transportation Plan. o The update to the Integrated Water Resource Plan. o Revisions to historic preservation program under the Landmark process. o Update to the Urban Forestry master plan (expected to begin July 2025) Page 6 of 7 Board Action The Community Development Board has the responsibiliy to offer recommendations to the City Commission on matters of planning, zoning, and subdivision regulations. The scope of the UDC project started with work sessions with the City Commission on the topics of: • Formatting - Comments to date on revised formatting have been positive with people appreciating the increased graphics and organization. • Zoning districts – The Commission considered several different alternatives to merge districts and simplify the zoning program and directed deletion of the RO district and consolidation of others. This generated considerable public input and Commission directed a revised package of zoning districts to separate the former R3 district from the RA consolidation as part of the Oct 24, 2024, draft. Public comment has been mixed but overall supportive of the Oct 2024 change. Public comment has modified to focus more on the methods of setting building bulk limits. • Sustainability – Amendments proposed in this area, such as urban agriculture, have received little comment. Compact development is also an element of sustainability and comments relating to that overlap with the zoning districts subject. • Commercial Districts and Transitions – The City Commission directed the removal of the UMU district and enhancement of the transition standards. Little comment has been received on the non-residential zoning districts issue. Considerable comment has been received on transitions and how districts interface. • Parking – Minimal changes were proposed to residential parking. Simplification of commercial parking categories and calculations were directed. Comment on commercial parking has happened in modest amounts. Questions on parking and street operations has been received but issue is outside the scope of the UDC. Public comment has also been received on the zoning map boundaries with some specific requests for different zoning on individual properties and some comments more generally addressing mapping. The Commission did not hold a work session on map revisions. The initial scope for zoning map changes was to: • Revise zoning map in accordance with proposed zoning districts in draft development code. • Remove the UMU and RO districts and replace with districts compliant with the future land use map and the local context. • Correct inconsistencies between the future land use map and the zoning map. Page 7 of 7 • Remove where practical mid-block zoning district boundaries so that district boundaries fall on streets or other physical separators. The Board has the opportunity to review and comment in each of these areas. The Board may choose to focus only on some topics. It is suggested that the Board establish a process and schedule to help the work be efficient and the Board focus on the areas of greatest importance. The Board has scheduled meetings on May 19th, June 2nd and June 16th. City Commission will receive an update on the completed Phase 2 supplemental engagement on May 20th. The City Commission is scheduled to hold a work session on June 24th and give direction on revisions to code in preparation for creating an updated draft. For the Board to do work in advance of the packet preparation deadline for the June 24th meeting discussions would need to be held on May 19th and June 2nd. Additional meetings could be held after June 24th with the benefit of direction from the Commission. The Legislative session is wrapping up. Several laws now in process will affect elements of the UDC. Staff expects to provide a status report to the Board at the May 19th meeting on outcomes of the legislature and what topics may have been either removed from local consideration or changed in scope of local flexibility.