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HomeMy WebLinkAbout08-26-25 Public Comment - S. Mitchell - UDC Draft and Fraternities & SororitiesFrom:Sam M To:Bozeman Public Comment Subject:[EXTERNAL]UDC Draft and Fraternities & Sororities Date:Tuesday, August 26, 2025 1:17:10 AM Attachments:Bozeman City Commission letter 082525 UDC draft.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 Bozeman City Commission,Attached, please find my public comment prior to the 082625 working meeting. Thank you,Sam Mitchell RE: Bozeman Draft UDC and Fraternities & Sororities August 25, 2025 To: Mayor Terry Cunningham Deputy Mayor Joey Morrison City Commissioners Jennifer Madgic, Douglas Fischer, and Emma Bode Dear Bozeman City Commission, The Agenda for the 8/26/25 working meeting includes a draft definition for Fraternities & Sororities from City Staff that would apply to new applications: “38.800.070 F Definition, add – Fraternity/sorority house: A group living facility occupied by and maintained exclusively for fraternity or sorority members, their guests or visitors and affiliated with and acknowledged as a fraternity/sorority house by an accredited institution of higher learning as defined in 38 U.S. Code Section 3452; and which operates to provide assembly space for the regular activities of the fraternity or sorority members.” Thank you to the City staff for arriving at a definition they find workable for the draft UDC! However, the Agenda items add the following (my emphasis marked in bold/underlined): “38.320.040. Use Specific Standards: New addition to Group Living special standards in 38.320.040.B.6 Fraternity/Sorority a. Must provide one or more assembly space(s) internal to a building adequate in size to accommodate not less than three-quarters of the enrolled members of the fraternity or sorority at the time the use is approved by the City. b. Assembly area occupant loads must be consistent with currently adopted State of Montana Building Codes. The Building Department can evaluate the occupancy use and Occupant load on a case-by-case basis. 38.530.040.B.2 (parking) Same as typical group living for residential use but add an additional 5 parking space requirement for assembly area to provide some parking for visitors. Alternatively, could require visitor spaces based on a percentage of the number of parking spaces for approved residents.” This is followed by a comment and two examples: “Two facilities have submitted for a city permit in the past five years that required floor plans. Staff was able to compare the facility layouts against the proposed standard. Both are purpose-built buildings and would comply with the suggested definition and standard. • Delta Gamma House (site plan 20170) - would meet proposed standard, approx. 910 sq. ft. room and 860 and 400 sq. ft. rooms, 95 member per web • Sigma Chi (building permit for remodeling) would meet proposed standard, approx. 920 sq. ft. room and two other rooms >750 sq. ft., 91 members per web” My concerns are the following: 1) “One or more assembly spaces”: The UDC does not define Meeting Halls as having multiple assembly spaces. This would be akin to saying that Bozeman City could have a 750 sq. ft. meeting room for the Mayor, Deputy Mayor, and City staff; a separate 750 sq. ft. room for the Commissioners; and a separate 1000 sq. ft. room for the public. Whatever that creates would be interesting, but it would not be a communal meeting space. Changing Meeting Hall to Meeting Halls would be a significant change for democratic debate and voting. From the examples given, the Delta Gamma house would require 910 + 860 + 400 = 2170 sq. ft. total; the Sigma Chi 920 + 750 + 750 = 2420 sq. ft. total. There is no requirement they be contiguous, so they could easily be separate rooms in the basement, ground floor, and second floor of a two-story residence. Many houses in the Bozeman core have 2500+ sq. ft. available through basement + living room + dining room + bedrooms and could therefore easily become a Fraternity or Sorority by this definition. 2) “Three quarters of the enrolled members” and “at the time the use is approved by the City.” Greek chapter meetings have required attendance with very few excusable reasons so the calculation of 75% should be 90% or more. If a chapter opens a residential house with 10 enrolled members with City approval, then rapidly swells to the typical 90+ members - what then? The draft UDC has no mechanism for dealing with a use which has far outgrown its original size and would have never been approved at the ultimate size. 3) “…add an additional 5 parking space requirement”. As I type this on the evening of 8/25/25, a Greek house not two blocks from my house has 100+ participants plus guests for their Rush. They have spilled into the streets, filling a 4-block area of Garfield, 3rd/4th/5th Ave with parked cars. My wife just took a video of an apparently inebriated member standing in the back of a pickup blocking 4th Ave screaming “Shut the fuck up!” at the top of her lungs to her adoring audience. [We have no interest in embarrassing her by publicly posting but will show to the Commissioners if they doubt the accuracy of our statement]. “5 parking spaces” is an insult to common sense. The City staff appear to have focused on a loosely defined interpretation of “Meeting Hall” which does not meet their own definition. They also appear to have forgotten the issues of parties, recruiting events, game nights, and chapter meetings regularly hosted by Fraternities and Sororities, all of which overlap closely with the UDC definitions of ‘Amusement & Recreation’, ‘Arts & Entertainment’, ‘Casino’, ‘Meeting Hall’, and ‘Alcohol Sales, On-premises consumption.’ The City, constituted by its residents, does not allow those 5 defined activities/groups to open or operate in Residentially-zoned areas due to their disruptive nature. With respect, the Commission should not allow new Fraternities or Sororities in Bozeman residential zones for the same reasons. Thank you, Sam Mitchell Bozeman resident