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HomeMy WebLinkAbout07-29-25 Public Comment - M. Fitz - Re_ Public comment re_ UDC & manufactured homesFrom:michael.fitz92@aol.com To:Erin George Cc:Chris Saunders; Tom Rogers; Bozeman Public Comment Subject:RE: [EXTERNAL]Re: Public comment re: UDC & manufactured homes Date:Friday, July 25, 2025 8:27:57 PM 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. Hi Erin, Thank you very kindly for your prompt responses and excellent customer service. I watched the entire 6 hours of the special 7/14/2025 meeting. Honestly kudos to everyone who was there in-person from beginning to end – it took me 3 days to watch it all. This is quite an undertaking. As an overall comment – I am grateful that Bozeman is taking a hard look at density and trying to say “yes” to development that produces meaningful additional housing. I have only a few comments/suggestions, but I hope they are helpful. 1 – Elimination of R-MH I now better understand the ramifications of new state laws on this issue, even though I appreciate the state’s intent. Commissioner Bode made some really great comments on the loss of R-MH, and I echo her concerns about the risks to MH parks (the most affordable housing) ending up in R-A (the least affordable zone). What I would like to suggest is perhaps adding a zone below R-A that is limited to: 1 story maximum 1000-1200sf maximum dwelling unit size Minimum 2000 Maximum 5000 sf maximum lot size (whether a park “lot” or a true platted lot) No design standards Applied to all existing MH parks, and an option for new parks and small-home small-lot platted subdivisions This would then allow for stick-built/modular/“tiny” (IRC-compliant) homes in addition to HUD-code manufactured homes, but it would limit the district to a truly de-facto affordable product due to those limitations. R-A seems inappropriate because, as the Commissioners noted, there would be no protection against MH parks being replaced by luxury housing. A small-home zone, custom-tailored to the types of homes MH parks typically have, would perhaps be prudent, and would also allow for innovative new housing products that complement more traditional manufactured homes. 2 – Mid-block zone boundaries It seems there is a lot of momentum behind eliminating mid-block zones, but to be honest I’m absolutely befuddled by this. Zone districts should change mid-block – at least along alleys and rear lot lines. When mid-block zoning is implemented properly, each street has its own uniform character on both sides. To steal an example from downtown Steamboat Springs Colorado, Lincoln Avenue has the highest intensity zoning, and the zoning splits on the alleyways so that Yampa Street has a lower intensity, as does Oak. Then the alley between Oak/Pine Streets represents the transition to residential. The downside of using streets as zone district borders is that it results in each side of the street being potentially wildly different in character. This can also result in more neighbor conflicts. Alleys are a great place to transition zones because the back side of a restaurant/store (for example) really doesn’t result in significant noise/nuisances to homes on the other side – and a fence can always be built. Across a street, by contrast – that is where conflicts occur. Residents fighting with business over street parking, lighting, noise from outdoor seating/events, etc. It seemed the City really struggled with all the mid-block zone changes, and that makes perfect sense. It’s like playing a board game with a made-up rule that isn’t actually written on the box. Along property lines – absolutely. Individual properties/parcels should not be split- zoned. But beyond that – the character of the individual parcels and their context with the surrounding area should be the driving force for determining the appropriate zone. Not some well-intentioned desire to make an entire block uniform. 3 – Zoned rights-of-way This wasn’t mentioned in the meeting, but I believe it was in a prior email. If I recall, the City is contemplating redoing their zoning map to not show rights-of-way as zoned. I’d like to emphatically caution against this. Rights-of-way absolutely have zoning. When a right-of- way is created, a de-zoning action is not done. When a right-of-way is vacated, a zone district is not applied. Other sections of municipal code (frequently police) often have standards that say “in residential zones…” or “in commercial areas…” often in reference to parking, noise, etc. Zoning is not an attribute of parcels – it is an attribute of the entire area within a municipality’s boundaries. Zoning for any parcel should go to the centerline of the street, and should always do so. I would heartily encourage this to be reconsidered if it is still on the table. Note – Routt County, Colorado does this properly, but the City of Steamboat Springs does not. 4 – Plate Height Steamboat Springs, Colorado uses plate height, and it is one of the most hated standards in the development community. Plate height is not a Planning standard, it is architecture. Plates are invisible. When you regulate plate height, you do not regulate the height of a building – you regulate the height of the top of the wall framing. This results in architects utilizing unusual truss designs to bear upon a lower plate to get around the standard. It is also difficult to apply fairly in permit reviews. While regulating height based on floors can also be problematic, I do not think Plate Height is the most ideal solution. I would suggest simply measuring the difference between the highest point of the structure (typically the roof ridge), and the lowest point of existing grade around the perimeter of the foundation. This is an objective measurement because a builder cannot get around it with unusual design, nor can he/she fill grade to bring the lowest point higher. Existing is existing, and highest point is highest point. 5 – Housing in Industrial This is an awesome idea, but I would suggest 2 things: 1 – Consider a higher percentage than 25%. 50% would allow the upstairs of all industrial units to be used as residential, instead of only ½ of the units. This is more fair to apply between different unit owners. 2 – Regardless of percentage, consider design standards like maximum unit size and separate entrances. If the maximum unit size is too large, and the entrances are allowed to be shared with the industrial unit below (same vestibule or same side of building), what happens is rich people end up buying the units, making them really fancy, and using the entire downstairs as a toy garage. If the upstairs dwelling units are required to access on the opposite side of the building from the industrial units below, and have no internal connection, this is not a problem. They should also be limited to 1200sf or smaller to ensure they are not desirable as expensive industrial lofts. Thank you very, very much for allowing me to make these comments. Bozeman is grappling with a lot of change, and some people are more/less willing to accept it. You guys are doing an amazing job and I hope you end up with a great code in the end. Sincerely, -Michael From: Erin George <egeorge@BOZEMAN.NET> Sent: Wednesday, July 16, 2025 12:25 PM To: Michael Fitz <michael.fitz92@aol.com> Cc: Chris Saunders <csaunders@BOZEMAN.NET>; Tom Rogers <TRogers@BOZEMAN.NET> Subject: RE: [EXTERNAL]Re: Public comment re: UDC & manufactured homes Hi Michael, The video links for all our Commission and Board meetings are available here. Just scroll down to “past meetings” and click on City Commission and the 7/14 “special meeting” video link is there. I’d suggest watching that before you submit written comments. The staff presentation starts at around 49:00 in the video if that is helpful. After that, Commission asks us a number of questions, then public comment is opened. Following close of public comment around 4:08, Commission discussion begins and the rest of the meeting is them providing staff with direction for our next amendments to the draft code. Any direction needs to have a majority (3) Commissioners agree in order for staff to act on it. The direction we received relating to RMH is to eliminate the district and replace with the RA district. When a new version of the draft code and draft zoning map are ready sometime in early fall, we will release them for public comment before Commission eventually votes on adoption. To answer your question, of course you are welcome to email comments to us, but please also copy comments@bozeman.net. That is our official public comment email that allows the City Clerk to keep all comments for particular projects in one place. For your awareness, the public comment emails are also sent to all City Commissioners, the City Manager and relevant staff. Thanks again for your interest and perspectives! Sincerely, Erin George, AICPDirector | Community DevelopmentCity of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771P: 406.582.2260 | E: egeorge@bozeman.net | From: Michael Fitz <michael.fitz92@aol.com> Sent: Wednesday, July 16, 2025 11:51 AM To: Erin George <egeorge@BOZEMAN.NET> Cc: Chris Saunders <csaunders@BOZEMAN.NET>; Tom Rogers <TRogers@BOZEMAN.NET> Subject: [EXTERNAL]Re: Public comment re: UDC & manufactured homes 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. Hi Erin, Thank you once again for sharing this with me! I will try to listen to a recording of Monday's meeting once it becomes available. Would I be able to reply to this emaildirectly with a few comments/thoughts on the "Unified Development Code (UDC) Update – Zoning Districts and Uses Within Districts" memo? I just had a few thoughts to share. I am also quite impressed with the flexibility in the UDC that you have noted as well. Thank you, -Michael On Thursday, July 10, 2025 at 04:52:41 PM MDT, Erin George <egeorge@bozeman.net> wrote: Hello Michael, I’m reaching out to respond to a public comment email you submitted a few weeks ago relating to manufactured homes and the UDC project. Your comment is well-timed because a bill was recently passed in the 2025 Montana state legislative session (SB 252) relating to manufactured homes and we will be discussing it (along with several other zoning topics) with City Commission on Monday July 14 at 1:00pm. The packet for Monday’s meeting includes a description of this new bill, what our current code allows and how our Legal staff suggest that we comply with the law. For instance, you might be surprised to know that we currently allow individual manufactured homes to be built on any residentially zoned parcel in Bozeman. We’re not proposing to change that, but the bill verbiage about not treating certain housing types different than others means we need to discuss the possibility of eliminating the RMH zone in favor of other residential zoning. I won’t reiterate all the memo information here, but please know that staff and the Commission are aware of the important role that manufactured homes play in housing affordability, especially in a high-cost market like Bozeman. Monday’s discussion will surely touch on that, and will help Commission decide what direction to provide staff on how they would like us to address the RMH district in relation to the new bill while also considering affordability, which is often front and center in Bozeman policy discussions. You can view the packet here; the cover memo includes broad UDC project context and if you scroll to the bottom, the first attachment titled “CC July 14 2025 Zoning Districts and Uses.pdf” is where we get into detail. Manufactured homes and the RMH district are discussed at the top of Page 6. Please give that part of the memo a read, and if you’re interested, you can listen in to Monday’s work session either online or in-person. Fair warning this issue is only one of several and the meeting is likely to be multiple hours long. Public comment will be invited after the staff presentation and Commission’s questions of staff. If you haven’t participated before, everyone who wishes to comment gets 3 minutes each and we accept both in-person and virtual comments. Thanks again for contacting the City to express your concerns and please let us know if you have further questions. Sincerely, Erin George, AICP Director | Community Development City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 P: 406.582.2260 | E: egeorge@bozeman.net | City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.