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HomeMy WebLinkAbout05-09-25 Public Comment - J. Webster - Bon Ton Historic District Rezoning ProposalFrom:jwebster587@gmail.com To:Bozeman Public Comment Subject:[EXTERNAL]Bon Ton Historic District Rezoning Proposal Date:Tuesday, May 6, 2025 1:54:15 PM Attachments:Bon Ton Rezoning Proposal.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. Dear City of Bozeman, Please find attached, a proposal submitted on behalf of some Bon Ton neighborhood residents who live in the R-4 zoned portion of the Historic District. We will present during the Public Comment portion of tonight’s Commission meeting. While I am a member of the City’s Historic Preservation Advisory Board, I represent only myself here. Thank you. Respectfully, Jim Webster 311 S 3rd Ave Bozeman, MT 59715 406-581-8614 May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 0 To: Community Development Director Erin George, Mayor Terry Cunningham, Deputy Mayor Joey Morrison, Commissioner Emma Bode, Commissioner Douglas Fischer, and Commissioner Jen Madgic. From: Bon Ton Historic District residents, co-authors, and contributors Jim & Valerie Webster, 311 S 3 rd Ave Steve & Mary Lou Osman, 411 S 3 rd Ave David & Betsy Gaines Quammen, 414 S 3 rd James & Mara Klabunde, 410 S Grand Ave Stephen Carlson, 209 S Grand Ave Jonathan Pytka, 412 S Grand Ave Jeanne Carter, 415 S 3 rd Ave Susan MacGrath, 319 S 3 rd Ave Bruce Comer & Helen Lee, 401 S 3 rd Ave Donna Whitman & Rich Noonan, 419 S 3 rd : We would like to register our request that the section of the Bon Ton Historic District currently zoned R-4, become R-A in the Unified Development Code update for consistency with our neighbors to the East, South, and West, rather than the R-C designation the draft zoning map is currently proposing for our area. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 1 Table of Contents Introduction ................................................................................................................... 3 The Community’s Neighborhood ................................................................................. 4 Outreach and Support .................................................................................................. 5 Zone Map Amendment Criteria .................................................................................... 7 Conclusion ................................................................................................................... 13 Contact Information .................................................................................................... 14 May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 2 Introduction As the City of Bozeman has been updating its Unified Development Code (UDC) many residents have participated in the educational and engagement opportunities hosted by the city. Some of these events have sparked curiosity and spurred independent research into other City documents, plans, and policies. The Community Development Department has invited the public to submit zoning change requests that might be considered during the UDC update. We appreciate your full consideration of our proposal. We are a group of neighbors who reside in a small section of the Bon Ton Historic District that is currently zoned R-4 and proposed to be zoned R-C in the UDC update. This proposal asks that the streets from the East side of South 4 th , to the East side of South Grand Avenues, between W Olive and W Story Streets, and a single parcel on Willson Avenue, be zoned R-A in the UDC update. This zoning change will provide consistency with the rest of the Bon Ton Historic District continuing south, as well as the neighboring Historic Districts East and West, all of which will be zoned R-A in the UDC update. The City’s website links the National Register of Historic Places continuation sheet which describes the Bon Ton Historic District thus. “Bozeman’s finest examples of historic residential architecture, spanning from the early 1880’s to the mid-1930’s, constitute the bulk of the 228 buildings in the Bon Ton Historic District… Many houses display towers, wrap-around porches, and elaborate ornamentation in brick and wood.” Our small section, currently zoned R-4, contains numerous multi-family buildings which would be grandfathered into an R-A zoning designation. These multi-family buildings contribute to the character of our section, while offering reasonably affordable rents in a great location. The building of new high-density developments with current R-4 allowances would detract from our historic character, and result in more expensive housing. In this proposal we will address the City’s criteria for Zone Map Amendments (ZMA) referencing the following: ● 2020 Bozeman Community Plan aka the Growth Policy, ● 2019 Downtown Bozeman Improvement Plan, ● Bozeman Municipal Code, Chapter 38.340, the Neighborhood Conservation Overlay Standards, ● US Department of Interior National Register of Historic Places, ● City of Bozeman 2019 NCOD Final Policy Direction Report by Bendon Adams, ● Phase 1 Landmark Program report by Community Planning Collaborative. We will also describe our neighborhood outreach and document our property owner support for the requested R-A zoning designation. Additionally, many members of the wider community support this zoning change. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 3 The Community’s Neighborhood Historic districts are not only the repositories of our heritage, they are an economic asset. These are the neighborhoods through which many people identify with Bozeman’s sense of place. Appendix A of the 2020 Community Plan states that, “ In 2040, Stakeholders imagined Bozeman to be a well-preserved city that has maintained its sense of place and belonging …” A local company offering carriage rides promotes their excursions thus. “Join us for a one-hour or half-hour horse drawn carriage rides in Bozeman, Montana. We will travel the quiet, tree lined streets of this city’s historic residential districts. Unique old architecture will be the back drop of the tales of our town’s founding fathers. The gentle team of horses will clip clop along at a walk as they pull us though these beautiful places.” sunrisepackstation.com Imagine them driving their paying customers through the North Central Development? Each type of urban neighborhood has its place, but our historic districts are irreplaceable. Local Extreme History Project guides walking tours through the summer months, many of which stroll through the Bon Ton. Many members of the community love the tree lined streets and unique architecture of these districts even though they don’t live in them. They provide a gathering place during holidays or simply a beautiful place to walk after brunch, dinner, or visiting main street shops with out-of-town guests. These neighborhoods are full of our stories as a city, which are more diverse than we acknowledge. When we lose the structures, we lose the stories. Appropriate zoning will make sure that we save those stories for future generations to continue to tell. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 4 Outreach and Support As the UDC update was paused in the fall of 2023 and restarted in 2024, a group of us became concerned about what the existing zoning allowed, as well as what the proposed zoning would allow. Most Bozeman residents do not know what the zoning designation for their property is or what building and design parameters are allowed within those zoning designations. Our first task as a group was to articulate what we were attempting to do in a way that was easily understood by our neighbors. We created unique educational materials to help convey the situation. This tri-fold brochure was hand delivered to owner occupied homes within our R-4 area, and mailed to absentee owners using information from Montana Cadastral. While we were conducting this neighborhood outreach, the City Commission restarted the UDC process by acknowledging Bozeman resident’s outcry and unwillingness to accept 8 units on every lot in the R-A zone, by removing existing R-3 from the grouping of lower density districts. Our materials were already printed at some significant expense, so we hand wrote accompanying explanations in our mailings to non-resident owners and took the time to explain the situation to resident owners we were able to speak with. We identified 56 separate properties that we were going to reach out to, knowing that the municipal code requires a minimum of 51% of owners to agree to a ZMA. We did not include the properties on the East side of S Wilson Ave. Resident volunteers spent months going door-to-door, having conversations with our neighbors, explaining zoning, the UDC update, and how the Design Guidelines for the Neighborhood Conservation Overlay District may or may not come into play for redevelopment within our area. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 5 Property owners in support Unresponsive property owners SUPPORT: With 33 property owners to date in support of our proposed R-A zoning request we are at 59% . It is worth noting that no property owner said “no” to our proposal; the addresses left white were simply unresponsive despite multiple mailings. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 6 Zone Map Amendment Criteria Even though we are submitting this proposal at the invitation of the Director of Community Development as part of the UDC update, we decided it would be valuable to respond to the criteria decision makers use to evaluate proper Zone Map Amendments (ZMA) submitted through the City’s ProjectDox portal . 5. Project narrative including a detailed response to the following: a. Is the new zoning designed in accordance with the growth policy? How? b. Will the new zoning secure safety from fire and other dangers? How? c. Will the new zoning promote public health, safety and welfare? How? d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? e. Will the new zoning provide reasonable provision of adequate light and air? How? f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? g. Does the new zoning promote compatible urban growth? How? h. Does the new zoning promote the character of the district? How? i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? j. Was the new zoning adopted with a view of conserving the values of buildings? How? k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Here we will evaluate how our requested zoning change from R-C to R-A in the UDC update will be positive, negative, or neutral to item 5, criteria a through k. 5 A : I S THE NEW ZONING DESIGNATION IN ACCORDANCE WITH THE GROWTH POLICY ? H OW ? A consistent zoning designation of R-A for the Bon Ton Historic District in the UDC update will be in accordance with the City of Bozeman 2020 Community Plan in the following areas, therefore our findings are positive for this criteria. ● R-2.9. Long-Term and Lasting Impact: Create long-term gains to the community with solutions that are replicable and sustainable, creating benefit for present and future generations. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 7 ● THEME 2 : A CITY OF UNIQUE NEIGHBORHOODS | GOALS, OBJECTIVES, AND ACTIONS Our city desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce. ● Goal N-1 : Support well-planned, walkable neighborhoods ● N-1.1. Promote housing diversity, including missing middle housing. ● N-1.2. Increase required minimum densities in residential districts. ● N-1.3. Revise the zoning map to lessen areas exclusively zoned for single-type housing. ● N-1.4. Promote development of accessory dwelling units. (ADUs) We have numerous multi-family buildings on South 3 rd and South Grand Avenues, which provide affordable rents for working residents in a walkable neighborhood. One of our members counted three large multi-unit buildings on South 3 rd and three large multi-unit buildings on South Grand. This housing allows for economic diversity in otherwise increasingly expensive desirable neighborhoods. New construction in its place could never offer the same. The R-A zoning district will allow duplexes and ADUs, increasing density from one unit to three units. The new R-A district also reduces minimum lot sizes, allowing existing property owners to subdivide larger lots. While many of us feel the mass and scale allowed in the proposed R-A is quite large, it will allow for more compatible urban infill than R-C would and we might even end up with some missing middle housing. Arguably Bozeman does not have traditional single-family zoning, but the new R-A will allow for an increase in density over what currently exists. A member of our team counted six ADUs on South 3 rd Avenue and another six on South Grand Avenue. The new UDC allows ADU’s to be 1,000 sq. ft. which will offer more housing opportunities than the current 600 sq. ft. limit. A zoning designation of R-A across the entire Bon Ton Historic District will better ensure that we realize long term gains to the community through the preservation of our collective heritage as a benefit to existing and future generations. We also refer to a more recent report; the phase 1 Landmark Program Report, page 58: ● “There are standards that could be put in place that would be more sensitive to historic structures and districts and still accommodate new development.” ● “The following should be evaluated in the current or a future UDC update: Historic Districts and Zone District Boundaries.” ● “Consider how the existing built environment and historic districts relate to zoning district boundaries and planned future land use.” 5 B : W ILL THE NEW ZONING SECURE SAFETY FROM FIRE AND OTHER DANGERS ? H OW ? We find a zoning designation of R-A to be neutral with regards to this criteria. 5 C : W ILL THE NEW ZONING PROMOTE PUBLIC HEALTH , SAFETY AND WELFARE ? H OW ? Our findings in regards to this criteria are positive . R-A zoning is more likely to promote the maintenance of large trees, of open areas near homes that promote visibility and accommodate gardens as well as open spaces. The inviting nature of trees and other varied vegetation encourage walking for pleasure, including students and others walking to MSU, to Main St. and to Longfellow School, rather than driving cars. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 8 5 D : W ILL THE NEW ZONING FACILITATE THE ADEQUATE PROVISIONS OF TRANSPORTATION , WATER , SEWAGE , SCHOOLS , PARKS AND OTHER PUBLIC REQUIREMENTS ? H OW ? Water, sewage, schools, and parks would not be negatively impacted so we find R-A zoning to be neutral for those public services, but R-A zoning would have a positive outcome for transportation. As for transportation, South 3 rd and South Grand Avenues provide overflow parking for events at the Willson Auditorium, the Emerson Cultural Center, and downtown. During events like the Christmas Stroll, Music on Main, and Lunch on the Lawn, these streets are heavily used for parking because of the ease and pleasure of walking to the events. Many people choose to walk or ride bikes to events because of the added enjoyment of being in Bozeman's Historic Districts. Additionally, the city plans to implement a snow-plowing schedule that will require all cars to move to one side of the street once a week. These demands are adequately managed now, even with the lack of garages and driveways which result in a high utilization of street side parking by residents. Our neighborhood can handle the current driving and parking demands placed upon it, but it could not adequately or safely manage the increased burden of larger new high-density multiplexes allowed in the R-C zoning district. 5 E : W ILL THE NEW ZONING PROVIDE REASONABLE PROVISION OF ADEQUATE LIGHT AND AIR ? H OW ? We find R-A zoning to have positive findings for this criteria. The current building heights do not create excessive shade for neighboring homes, solar installations, or gardens. With R-A zoning, the current open space is more likely to be maintained, which serves to reduce heat island effect, and cool our homes at night. Most of us do not have air conditioning, and it is not needed, provided that this natural cooling mechanism is left intact. The abundant vegetation offers shade to keep the sidewalks cool for walking to and from MSU or Main Street, and provides clean air for everyone who lives in or visits the area. 5 F : W ILL THE NEW ZONING HAVE AN EFFECT ON MOTORIZED AND NON - MOTORIZED TRANSPORTATION SYSTEMS ? H OW ? We find R-A zoning to have positive findings for this criteria. R-A zoning will allow for the continued use of South 3 rd and Grand Avenues for event overflow parking and safe biking and walking along well-maintained, shoveled sidewalks and shaded streets. The community has expressed a desire to maintain the beauty and vibrancy of our core Historic Districts that residents and visitors enjoy frequenting. These are also some of the oldest and narrowest streets in our city, making them challenging to maintain in our winter conditions. If the parking pressure was increased due to increased density of housing, the alternate side parking program for snow plowing, currently in its infancy but showing great potential, would become impossible. Increasing density could actually make transportation access to these areas more difficult for emergency services during a large part of the year. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 9 5 G : D OES THE NEW ZONING PROMOTE COMPATIBLE URBAN GROWTH ? H OW ? Absolute positive findings for this criteria. The new R-A zoning will allow duplexes and ADUs, which can increase the supply of housing in a neighborhood-friendly, historically-appropriate way in this area close to downtown. The existing multi-family homes and apartment buildings would be grandfathered in as a historic use, so that they could legally continue to offer the significant number of units they currently contribute. Our 2020 Community plan states “ Goal N 1.11 Enable a gradual and predictable increase in density in developed areas over time.” R-C zoning allows a development typology that is not gradual or predictable anywhere in our core neighborhoods, much less in an Historic District, but R-A will allow for that. We also refer you to the 2019 Downtown Bozeman Improvement Plan May, 2019: ● Pg. 104 - " As the Downtown becomes more popular, policies for new development and neighborhood preservation will need to be balanced ..." ● Pg 108 - " Preserve Existing Housing: Older housing stock that has not undergone significant renovation or addressed minor issues of deferred maintenance typically ask much lower rents than comparable new construction apartments, even without needing to rely on government subsidies. However, as development pressures grow and rents increase with market demand, this older existing housing stock is often targeted for demolition or major renovation that result in raised rental prices ." ● Pg 116 - Explore Gentle Residential Infill. R-A zoning across the entire Bon Ton Historic District will help preserve existing affordable housing stock, while balancing the need for gentle infill with the pressure for new development. 5 H : D OES THE NEW ZONING PROMOTE THE CHARACTER OF THE DISTRICT ? H OW ? Absolutely positive findings with regards to this criteria. South 3 rd Avenue and S. Grand Avenue are included in the Bon Ton Historic District. These streets are the repository of the history of our unique Western town. On page 18 of the City of Bozeman Final NCOD Policy Direction Report by Bendon Adams, from June of 2019, the neighborhood character online survey, community feedback, background and zoning analysis, and professional expertise listed the Bon Ton Historic District as one of the high-priority groups within the historic district priorities list. We reference the US Department of the Interior National Register of Historic Places continuation sheet linked on the City’s website. “Because of this combination of both vernacular architecture, which is similar to that found elsewhere in the city, and high style architecture, which is found nowhere else in the city, the Bon Ton Historic District possesses a character that is unique, but is nevertheless consistent with the character of the two bordering historic districts. The Bon Ton Historic District is therefore, the centerpiece of a vast historic, residential area in Bozeman.” R-A zoning designation across the entirety of the Bon Ton Historic District will ensure consistency of neighborhood character with the surrounding districts in this vast historic residential area in a way that R-C zoning cannot do. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 10 5 I : D OES THE NEW ZONING ADDRESS THE AFFECTED AREA ’ S PECULIAR SUITABILITY FOR PARTICULAR USES ? H OW ? R-A zoning would allow positive findings in regards to this criteria as well. Bon Ton means “The Best.” The character of the Bon Ton Historic district delights tourists and residents alike. During the summer months there are horse drawn carriage rides on South 3 rd and South Grand Avenues where residents and visitors choose to pay to ride in a carriage and learn the history of individual homes. Residents from all over Bozeman come to South 3 rd Avenue every Halloween to trick-or-treat along with costumed residents where the homes are often elaborately decorated and where helpful residents manage traffic safety for the excited kids. The street averages 500 trick-or-treaters each Halloween. Every summer tour guides bring residents and visitors to these streets to immerse themselves the unique history of Bozeman. The intact character of the area, carefully husbanded by residents and the city over time, make this an appropriate and desirable place for such activities. From the City of Bozeman Final NCOD Policy Direction Report by Bendon Adams, June 2019 “Bozeman’s decision to adopt a Conservation Overlay District that includes the areas between designated Historic Districts was a gutsy solution in 1991 that made Bozeman a pioneer in preservation of neighborhood character, scale and context. The result 27 years later is well preserved historic districts and neighborhood character that supports a sense of place and a sense of pride for the community.” R-A zoning designation across the entirety of the Bon Ton Historic District will respect and continue the work of Bozeman residents and City leaders so that this sense of pride in the community may be enjoyed by future generations. 5 J : W AS THE NEW ZONING ADOPTED WITH A VIEW OF CONSERVING THE VALUES OF BUILDINGS ? H OW ? Our perspective indicates positive findings for this criteria. R-A zoning will enhance the ability to protect the historic character of South 3 rd and South Grand Avenues, thereby protecting the values of each building in the zone. This zoning designation would encourage the restoration rather than replacement of original buildings, fulfilling the city's objective of minimal environmental impact. Preventing the demolition of existing buildings when appropriate, limits the amount of material going to landfills. R-C zoning on the other hand, could encourage speculative demolition of historic structures and replacement with incompatible new construction leading to unnecessary waste and endangering the integrity of the nationally listed historic district. This loss of integrity could make it harder for owners to use historic preservation tax credits and other incentives available only to properties with enough integrity to qualify for the national register. One criteria they must meet is integrity of setting, meaning the surrounding neighborhood and structures. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 11 5 K : H OW DOES THE NEW ZONING ENCOURAGE THE MOST APPROPRIATE USE OF LAND THROUGHOUT THE JURISDICTIONAL AREA ? H OW ? Our group finds that a zoning designation of R-A throughout the entirety of the Bon Ton Historic District supports positive findings with regard to this criteria. We agree with the following statement on page 50 of the City of Bozeman Final NCOD Policy Direction Report by Bendon Adams, June 2019. "Numerous zone districts within one cohesive historic district can be frustrating for residents, property owners and Bozeman staff/review boards when a project meets zoning allowances but does not relate to the historic context of the neighborhood. This places a strain on the review process and can result in new development that degrades and erodes the cohesion of the historic district. Changes to the zone district map should be considered in concert with the community plan and the downtown plan updates." Historic Preservation is an established priority of the Bozeman City Commission. Preservation goes beyond saving old buildings, it supports and maintains a unique sense of place, a sense of community, and bridges the gap between the past and our future. Preservation is about recognizing and celebrating what Bozeman values and ensuring it can be enjoyed by future generations. A zoning designation of R-A will support these goals. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 12 Conclusion This proposal has been created by resident neighbors of the Bon Ton Historic District through considerable volunteer time spent researching, organizing, and conducting community outreach. We respectfully ask that the properties located in the currently zoned R-4 area between West Olive and West Story, including the East side of South 4 th Avenue and the East side of South Grand Ave and a single parcel on South Wilson Avenue be zoned R-A in the Unified Development Code update. We currently have 59% of property owners in support of this effort, and none have registered opposition. Some property owners were unresponsive despite significant efforts to contact and inform them of our group’s efforts. Our request for this R-A zoning designation in the UDC update is supported by our findings in regards to Zone Map Amendment criteria 5, items a through k, based on extensive research of adopted city plans, stated goals, and current policy documents. Below is a summary of our findings. 5a. positive 5b. neutral 5c. positive 5d. positive 5e. positive 5f. positive 5g. positive 5h. positive 5i. positive 5j. positive 5k. positive Our request is supported by additional community members outside the R-4 zoning district. We appreciate your attention and consideration of our proposed zoning change in the UDC update. We ask that the city please guide us through any necessary next steps to follow through on this requested zoning change. May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 13 Contact Information Please contact Bon Ton resident Jim Webster with instructions on how we should proceed. Jim Webster 311 S 3 rd Ave jwebster587@gmail.com 406-581-8614 May 6, 2025 ~ Bon Ton Re-Zoning Proposal ~ Page 14