HomeMy WebLinkAbout05-16-23 Public Comment - C. Omland - Request to Revisit Item #F2 for Discussion - Failure to Meet City Code RequirementsFrom:Carie Omland
To:Agenda
Subject:Request to Revisit Item #F2 for Discussion - Failure to Meet City Code Requirements
Date:Tuesday, May 16, 2023 11:02:38 AM
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.
City of Bozeman
Email: agenda@bozeman.net
Subject: Request to Revisit Item #F2 for Discussion - Failure to Meet City Code Requirements
Dear City of Bozeman,
I am writing to formally request that the City bring Item #F2 back for discussion, as it hasfailed to meet several City code requirements. The unmet codes of compliance and design
standards outlined below necessitate further examination and consideration. It is important touphold the city codes, as they are in place to provide predictability and transparency in the
larger community.
38.220.060. Documentation of Compliance with adopted standards.A. The subdivision preliminary plat application must include specific documentation to
demonstrate compliance with adopted development standards, unless waived by thedevelopment review committee during the pre-application process as per section 38.240.110.
The developer is obligated to provide documentation of any waivers granted by the Citysubsequent to the pre-application review.
The applicant failed to submit any documentation of waivers or address their existenceduring the recent city commission meeting held on 4/18/23, indicating non-compliance
with the following items:
38.220.060. A.5. Protective Measures.b. "Describe measures to protect trees and critical plant communities (e.g., design and location
of streets, lots, and open spaces)."
The applicant neither mentioned any measures to protect trees in their application
narrative nor addressed this requirement when questioned during the city commissionmeeting on 4/18/23. Instead, the applicant's landscape architect discussed the removal of
over 111 trees and their plan to plant 102 new trees as replacements without addressingthe protective measures for existing trees.
38.220.060. A.6. Wildlife.
d. Protective Measures."Describe measures to protect or enhance wildlife habitat or to minimize degradation..."
The applicant failed to meet this requirement and did not discuss it in their applicationnarrative, raising concerns about the protection and enhancement of wildlife habitat or
the mitigation of degradation.
38.410.010. General Standards.B. Natural environment.
The design and development of all land uses must be properly related to topography and, tothe extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees, and
other existing vegetation.
In public meetings past, Canyon Gate developers have verbalized that they plan toregrade terrain, use pipes for flood mitigation instead of natural drainage, and remove
111 mature cottonwoods in the R5 zone. They plan to build buildings where theseexisting cottonwoods are today and plant new trees in areas that are grassy and without
trees today.
In light of the aforementioned non-compliance with City code requirements, I strongly urgethe City to revisit Item #F2 for further discussion and evaluation. It is essential to ensure that
all developments adhere to the established standards and maintain the integrity of our naturalenvironment. By thoroughly examining the issues and seeking remedies, the City can
demonstrate its commitment to upholding the principles and regulations that protect ourcommunity's welfare.
Thank you for your attention to this matter. I anticipate a prompt response, indicating the
City's willingness to address these concerns and reevaluate Item #F2 in light of the unmet Citycode requirements.
Sincerely,
Carie Omland
1593 Maiden Spirit StBozeman, MT 59715