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HomeMy WebLinkAbout01-13-26 Public Comment - Z. Osman - UDC Update_ Please retain Affordable Housing Bonus Density code provisions in B3From:Zehra Osman To:Joey Morrison; Douglas Fischer; Jennifer Madgic; Emma Bode; Alison Sweeney; Bozeman Public Comment Subject:[EXTERNAL]UDC Update: Please retain Affordable Housing Bonus Density code provisions in B3 Date:Tuesday, January 13, 2026 11:55:32 AM Attachments:Memo re Historic Preservation 11 Jan 2026.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. (Please include this and the attachment in the public record) Honorable Mayor, Deputy Mayor, and Commissioners, Newly seated Mayor Morrison has committed to prioritize solutions to the affordable housing crisis during his term. He is exploring ways to develop public housing. I fully support this approach. This is a commendable goal that will require funding. What an exciting time for Bozeman! Fortunately, the City's Affordable Housing Bonus Density code provisions were put in place to raise funds from private developments to address those needs. These provisions allow the City to let developers build additional floors on their buildings in the B3 above the current building height allowance of 70' in exchange for paying the City funds for its affordable housing program. A report by a City consultant estimates this could yield $1 million/floor. This is currently the only primary tool that the city currently holds to extract affordable housing funds from private developers. I support Mayor Morrison's goal and propose the following recommendations towards achieving this goal. With this in mind I strongly encourage the City Commission to take the following actions: Immediate Action: As mentioned above, the City's Affordable Housing Bonus Density code provisions were put in place to raise funds that would make Mayor Morrison's goal of public housing possible. However, the Commission's December 16, 2025 decision to increase the allowed B3 height to 90' effectively eliminates this sole tool and foregoes obtaining millions of dollars of Affordable Housing Bonus Density payments from private developers. This 12/16/25 decision would be enacted on February 1, 2026. This action effectively guts the City's Affordable Housing Bonus Density Program and ability for the City to raise funds to support Affordable Housing. Given the clearly expressed priority of Mayor Morrison and other City Commission members to find ways to raise funds to address the City's Affordable Housing needs, I strongly encourage the City Commission to promptly take action to delay or stop the pending increase in allowed B3 building heights before its pending implementation on February 1, 2026. Let's not give up our only remaining negotiating tool to raise affordable housing funds from private developers. No matter what prompted the 12/16/25 decision to eliminate the only tool Bozeman has to fund the building of public housing and no matter what thoughts one may have on 90' buildings downtown, our city needs this funding source provided by this provision in the B3. Short-Term and Long Term Actions: Under this heading are some ideas that are intended to enhance Mayor Morrison's goal of forming solutions for Bozeman's affordable housing crisis. Create walkable nodes or "villages" throughout Bozeman’s city limits, not just in the downtown. I've heard city officials state that Bozeman's core is where all affordable housing opportunities should be because it is walkable and workplaces are within walking distance. This is where I submit that all Bozeman residents deserve to have opportunities to live in a walkable and livable community. I live on the west side of town which is a huge sprawling sea of houses. We on the west side need to drive everywhere because there has been little to no opportunities for walkable destinations. Please consider planning new development to be around multiple walkable nodes throughout all of Bozeman. These nodes should provide needed destinations at a residential-scale such as small grocers, shops, cafes -- similar to what is found on the in Bozeman's Northwest side. These nodes should also allow for diverse housing opportunities nearby that allow residents to be within walkable distance to workplaces, art studios, day care, etc. Let's change our planning focus to open up opportunities that benefit residents from diverse incomes throughout all of Bozeman and not just the city core. Let's also support these multiple walkable nodes with a coordinated public transportation system via an updated Transportation Management Plan. Consider concurrent alternative affordable housing solutions in concert with the building of public housing. In this article, the author proposes a housing strategy that gets around land purchasing costs as a means to cutting the costs associated with new affordable housing https://kasperbenjamin.substack.com/p/why-more- housing-wont-deliver-affordability?utm_campaign=post-expanded- share&utm_medium=web&triedRedirect=true. Below are exciting and practical examples quoted from this article: Unlock underutilized space. Allow communities, tenants, and housing associations to renovate, retrofit, and subdivide existing homes and buildings. Remove land from speculation. Stop selling land to the highest bidder. Enable municipalities or public trusts to retain ownership and lease land for affordable housing development at non- market rates. Introduce strong regulations. Implement rent controls, ban the purchase of housing you don’t live in, and phase out ownership models that prioritize speculation over shelter. Transition private housing into social and cooperative housing. Support models that are not driven by shareholder profits, but by long-term affordability, democratic control, and care for residents. Subsidize renovations, not just new construction. Shifting investment toward improving and repurposing existing buildings reduces environmental impact, avoids the need for new infrastructure, and supports a more circular economy. For All Immediate, Short-Term, and Long-Term Solutions, Let's Honor Our Natural and HistoricEnvironment: Embrace the concept that we protect and preserve our natural and historic resources while we address the affordable housing crisis. It is absolutely possible to build affordable housing while respecting our natural environment including creeks, wetlands, and trees with environmentally responsible development designs and practices. Bozeman's existing existing preservation policy will be revised under the ongoing Landmark Program update. With regards to this next phase of the Landmark Program Update, I submit the attached document titled, "Recommended Actions on UDC Implementation and Preservation Protections drafted by John Amsden of the PRESERVE HISTORIC BOZEMAN COALITION. I submit that these recommendations serve as a bridge between the UDC Update and the Landmark Program Update. They also give the community a sound means of understanding upcoming proposals. Please read the attached document. (Please post attachment below) Respectfully, Zehra Osman59718 PRESERVE HISTORIC BOZEMAN COALITION 1 To: City Commission, City of Bozeman Subject: Recommended Actions on UDC Implementation and Historic Preservation Protections Issue Summary The City Commission recently adopted, over significant objection and lacking a correct procedural basis, a revised Unified Development Code (UDC) that includes a maximum building height of 90 feet in the B-3 downtown district, effective February 1, 2026. This change was incorporated into the final UDC adoption.(Engage Bozeman) The current code also includes a new B-3C downtown core zone intended to reflect the historic downtown context.(Engage Bozeman) At present, the UDC lacks explicit requirements for assessing development impacts on historic resources in procedural or design standards. This memo recommends: (1) delaying implementation of the 90-foot as-of-right provision, (2) adopting five targeted UDC amendments to embed historic preservation protections into the code, and (3) articulating the principal rationales for these actions directly to the City Commission. 1. Delay Implementation of “90-Foot as of Right” Provision The current UDC establishes a 90-foot maximum height in the B-3 district without accompanying design standards or impact assessment requirements.(Engage Bozeman) Implementing this as a matter of right height limit absent clear criteria for evaluating context, scale compatibility, or impacts to historic resources may result in development that materially alters the historic character of downtown before appropriate safeguards are codified. A short delay or the establishment of an interim overlay zone in defined historic influence areas would permit the Commission and staff to: • Finalize draft historic preservation standards that are compatible with the Community Plan and UDC. • Incorporate measurable impact assessment requirements (e.g., shadow/shade analysis) before approving taller buildings adjacent to historic structures. • Provide clarity to developers and the public through predictable, codified standards prior to broad application. 2. Recommended UDC Amendments for Historic Preservation The following code amendments should be adopted promptly to strengthen the UDC’s ability to protect historic resources and the character of downtown: PRESERVE HISTORIC BOZEMAN COALITION 2 a. Mandatory Shadow/Shade Impact Studies Require applicants proposing buildings in or adjacent to defined historic areas to submit quantitative shade/shadow studies demonstrating projected shading effects on existing historic structures and public spaces. b. Visual Context and Massing Compatibility Criteria Integrate contextual compatibility standards that require comparative visual analyses of proposed building massing and scale relative to adjacent historic properties. This should include elevation renderings and narrative justification tied to historic character. c. Historic Resource Impact Assessment Codify a historic resource impact assessment requirement into the development review process that evaluates potential direct and indirect effects on identified historic properties, including preservation of defining features and setting. d. Transitional Height/Step-Down Standards Adopt transitional height standards that mediate differences in height and scale between taller buildings and adjacent lower-scale historic properties or residential zones to preserve contextual integrity. e. Expanded Design Review Triggers Extend design review triggers to encompass all development within a defined historic influence zone around downtown historic resources. This ensures aesthetics, materials, and overall design quality are considered in relation to historic character. These amendments anchor historic preservation within the core regulatory framework of the UDC rather than treating it as an adjunct or advisory consideration. 3. Rationale for Action Preservation of Irreplaceable Assets Bozeman’s historic downtown is a unique cultural and economic asset with properties that contribute to community identity and economic vitality. Without clear contextual controls, development permitted under the new height limit could compromise these assets. Regulatory Gap in the UDC While the UDC modernizes zoning and reorganizes districts (including the B-3C downtown core district), it currently does not mandate impact assessments for historic resources or context compatibility standards tied to architectural or scale concerns. These gaps undermine the Commission’s ability to ensure that large-scale development preserves the essential qualities of historic downtown. PRESERVE HISTORIC BOZEMAN COALITION 3 Alignment with Best Planning Practices Municipal land-use codes in communities with significant historic cores routinely include shadow/shade analysis, massing compatibility standards, transitional height provisions, and design review procedures to prevent adverse effects on historic fabric. Adopting similar standards positions Bozeman’s regulatory framework with recognized best practices. Predictability and Certainty for Developers and the Public Codified standards reduce uncertainty in the development review process by articulating measurable criteria for approval, reducing appeals, and facilitating efficient decision-making. Balanced Growth and Character Preservation The Community Plan envisions accommodating growth while preserving the character of historic areas. Integrating these amendments ensures that the UDC enables development consistent with both objectives. Conclusion Delaying immediate implementation of the 90-foot as-of-right provision, combined with adopting the recommended UDC amendments, will align regulatory implementation with community expectations and planning best practices. Embedding measurable historic impact requirements and contextual standards into the UDC ensures that growth supports long-term preservation of downtown’s historic character and economic vibrancy.