HomeMy WebLinkAbout10-17-25 Public Comment - J. Delmue - Ideas for CDB Motions re_ the Current Draft of the UDCFrom:Jason Delmue
To:Henry Happel; Jennifer Madgic; Ben Lloyd; Mark Egge; Chris Egnatz
Cc:Chris Saunders; Erin George; Sam Sagstetter; Trenton Ruffalo; Tom Rogers; Bozeman Public Comment
Subject:[EXTERNAL]Ideas for CDB Motions re: the Current Draft of the UDC
Date:Friday, October 17, 2025 9:59:31 AM
Attachments:Proposed JD Motions 1 for CDB 10-20 v2.pdf
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Fellow CDB Board Members,
This e-mail is also being sent to comments@bozeman.net so that it will be part of the
public folder.
Please don't reply to all with substantive responses since we have a virtual quorum.
Attached are some ideas I have for motions that I might make at the Nov. 3 CDB
Meeting re: the UDC Update. It's possible that the action item will extend to the next
meeting (Nov. 17). For our coming meeting, we have a Work Session about the
Current (Sept 2025) Draft UDC. I hope that Chairman Happel can orchestrate a morefree-flowing discussion among us, Staff, and others who might attend with specific
knowledge to lend to the analysis of these and whatever other UDC edits board
members might be considering or members of the public might suggest that CDB
might make to the Commission.
--Jason
406.600.2896
Page 1 of 3
COMMUNITY DEVELOPMENT BOARD in prep for Oct. 20, 2025
Motions offered for consideration by Board Member Jason Delmue – Round 1
Intended to be discussed at the Work Session on Oct 20 and possibly made, deliberated,
and voted on at the Public Hearing scheduled to start on Nov.
MOTION 1: This Board recommends to the City Commission to count ADUs toward meetfng
minimum density requirements. 38.260.030.A.3.a (p. 2-81).
Reasoning: ADUs are some of the least controversial dwelling units and provide very
gentle density. They contribute toward density and should be counted for doing so.
MOTION 2: This Board recommends to the City Commission to decrease to 12’ (from 15’) the
minimum height of the ground floor in a non-residentfal building in B-1, B-2M, B-3, REMU,
and NEHMU.
Secs. 38.220.020.B (p. 2-21), 040.B (p.2-25), 050.B (p. 2-27), 070.D (p. 2-33), & 080.D (p. 2-37).
Reasoning: Projects that need or want a taller ground floor can still have it. This change
only removes a mandate for really tall first floors. Even 12’ is still tall, with a ceiling
height of likely 10’. Most concerning with a 15’ minimum ground floor is the implication
for mixed-use buildings that feature or prioritize residential uses on the ground floor.
Such tall construction, if not otherwise needed, adds cost and height. Parts of town
zoned for mixed use can use more housing. If the developer of such projects desires to
have a shorter (but still tall) ground floor and concludes that it will work well for both
the non-residential and residential portions of the ground floor, this should be a
permissible option.
MOTION 3: This Board recommends to the City Commission for restaurants in NEHMU to
increase the maximum allowed size to 3,000 SF (from 2,500 SF).
Sec. 38.320.090.D.3 (p. 3-33).
Reasoning: For consistency in the code, 3,000 SF should be adopted. Areas that are
more focused on residential uses (R-D, R-C, and R-B) allow for 3,000 SF restaurants (as
well as General Service, Health and Exercise, Personal Service, and Retail uses up to that
size). The mixed-use NEHMU zone seems just as well suited to restaurants if not more
so, and so it should not have a smaller allowed size.
Page 2 of 3
MOTION 4: This Board recommends to the City Commission to increase to 12 (from 8) the
maximum number of units in a building in R-B. Sec. 38.210.030.B.2 (p. 2-11).
Reasoning: We heard from architects that work on affordable housing projects about
the relatively high affordability of a three-story building designed with a single staircase
and 4 units per floor. With the as-drafted maximum of 8 units per building, this
affordable structure would not be allowed. A three-story building with four units per
story is dramatically smaller in scale than the buildings that have been the subject of
some public criticism. Those 5- and 6-story buildings tend to have several to many dozen
units in them. R-B has a max building width (120’). In addition, all of the other
constraints still apply (parking, max height, max wall plate, max lot coverage, min open
space, etc.). It is contrary to multiple goals of the Community Plan to arbitrarily cap at 8
the number of units in a structure that meets all of these many other requirements.
MOTION 5: This Board recommends to the City Commission to allow by right in R-A
structures containing up to 4 dwelling units. Sec. 38.210.020.B.2 (p. 2-9).
Reasoning: The City needs more housing units, especially in parts of town that are close
to already established retail and commercial offerings. By definition, the City’s least-
dense zones (slated to become R-A) have relatively fewer dwellings (and therefore
vehicles) per a given area. These areas have lost population. They are, therefore, well
suited for some gentle infill.
The City’s zoning and building codes, among many other things, ensure safety,
prevent buildings being too close, prevent parcels from being overbuilt, etc. So long as
these many requirements are met, there is no compelling reason to put such a low cap
(duplex plus an ADU) on the number of dwelling units per lot.
Conversely, allowing more dwelling units can encourage smaller units, which
tend to be more affordable than larger units. Affordability is also increased by spreading
land costs across more units. Moreover, the trend of intense gentrification – where a
modest house is demolished and replaced by a large, new, elegant (and therefore
extremely expensive) SHR – might be lessened at the margins by allowing 3- and 4-
plexes as a redevelopment option.
The foregoing reasoning applies to infill locations. For new green field
development, the City has seen very few annexations with initial zoning of R-1 or R-2,
and so those neighborhoods can be expected to develop with a mix that consists of
more than only SHRs, duplexes, and ADUs. In other words, changing R-A to allow up to 4
units by right is not likely to have a meaningful impact on these new areas.
Most zones are several to many blocks in size. Legally limiting a zone to only
SHRs, duplexes and ADUs is contrary to the Community Plan’s goal of having
neighborhoods with a variety of housing types. It is also contrary to the mix of housing
that occurred prior to zoning in beloved parts of town such as N. Church Ave. and the
Bon Ton Neighborhood, to name only two.
Page 3 of 3
MOTION 6: This Board recommends to the City Commission that, unless R-A is revised to
allow structures up to 4 dwelling units, then the Centennial Park Neighborhood and the Bon
Ton Neighborhood should be downzoned from R-C to R-B instead of to R-A. (Zone Map)
Reasoning: Unless R-A is revised accordingly, it is not a good zone for achieving the
community’s goals as set forth in the Community Plan. Accordingly, areas should not be
downzoned to this zone. Particularly with respect to the Bon Ton Neighborhood, R-A as
currently drafted is contrary to the long-established pattern that exists and would make
the structures that contain more than a duplex non-conforming. One of the Bon Ton
Neighborhood’s main organizers, Jim Webster, on multiple occasions referred to R-A-
and-a-half, thus acknowledging that R-A, as currently drafted, is too restrictive.
MOTION 7: This Board recommends to the City Commission to change the Purpose of
NEHMU to "This district is envisioned as a vibrant, eclectfc, mixed-use neighborhood that
honors its historic roots in light industrial, manufacturing, and residentfal uses. At the same
tfme, it welcomes the thoughtiul integratfon of new neighborhood-scale artfsan, art-making,
retail, service, and other commercial uses. Adaptfve reuse of existfng buildings, along with
context-sensitfve new constructfon, should foster actfve street frontages that invite social
interactfon through art, public plazas, and gardens.". Sec. 38.220.010.G (p. 2-19)
Reasoning: This was grass-roots language developed by a resident of the NE
Neighborhood in collaboration with other involved neighbors and the consultation of a
local planner. Unless Staff finds some of this language problematic or contrary to the
vision of this area’s future, it seems appropriate to have a purpose statement of a
unique part of the town crafted by involved residents of that part of town.