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Home My WebLink About09-28-23 Public Comment - D. Carty - Public comment for UPF Board Meeting, 9-28-23, 6 PM City HallFrom:Daniel Carty To:Agenda Subject:[EXTERNAL]Public comment for UPF Board Meeting, 9-28-23, 6 PM City Hall Date:Thursday, September 28, 2023 11:15:48 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. (Note: Please place this email in the Urban Parks and Forestry Board Folder for tonight's UPF board meeting.) Date: 9-28-23 (Time: 11:15 AM) To: Urban Parks and Forestry Board (UPF) Subject: UPF, FYI/Discussion Agenda item G.3: Tree Preservation Upcoming Discussions The City of Bozeman (City) is in the process of updating its Unified Development Code (UDC), the primary goal of which should be to foster environmentally responsible development. In part, fostering environmentally responsible development requires UDC language that maintains or enhances Bozeman's urban forest—especially its ecological function and the ecosystem services it provides to the Bozeman community as a whole. Consequently, for the UPF's consideration, I offer the following suggestions for the City's UDC draft update—suggestions that I think will help protect Bozeman's trees and enhance Bozeman's urban forest into the foreseeable future. Sec. 38.410.010. - General standards. B. Natural environment (UDC draft, page 4-18) City’s proposed UDC language for B. Natural environment. The design and development of all land uses must be properly related to topography, and must, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other existing vegetation. My proposed UCD language for B. Natural environment. The design and development of all land uses must be properly related to topography and must protect the natural terrain and existing topsoil; existing trees and other vegetation; riparian areas; natural subsurface water drainage; natural surface water drainage (ephemeral, intermittent, and permanent) such as springs, streams, creeks, rivers, gullies, ravines, washes, swales, and other low areas with or without a definite channel; and artificial (i.e., man-made) surface water drainage (ephemeral, intermittent, and permanent) such as canals, irrigation ditches, aqueducts, reservoirs, irrigation systems, and other drainage systems. Sec. 38.400.030. - Intersections. (UDC draft, page 4-5) City's proposed UDC language for Sec. 38.400.030. - Intersections.A.1 A. The following requirements apply to street intersections: 1. Streets must intersect at 90- degree angles except when topography prohibits this alignment. In no case may the angle of an intersection be less than 60 degrees to the centerline of the street or road being intersected. My proposed UDC language for Sec. 38.400.030. - Intersections.A.1 A. The following requirements apply to street intersections: 1. Streets must intersect at 90- degree angles except when existing topographic features favor protection of existing natural resources. Existing topographic features and natural resources include, but are not limited to, surface landform (e.g., plains, hills, and valleys), surface water (e.g., springs;creeks, streams, and rivers; ponds and lakes; and seasonally flowing irrigation ditches), trees and other vegetation, and minerals. The angle of an intersection may be less than 60 degrees to the centerline of the street or road being intersected to comply with protecting existing natural resources. Chapter 38.710.050.A. Documentation of compliance with adopted standards (UDC draft, page 7-19) and Chapter 38.710.050. 5. Vegetation. b. Protective measures (UDC draft, page 7-21) City's proposed UDC language for A. Documentation of compliance with adopted standards. The following information must be provided with all subdivision preliminary platapplications in order to document compliance with adopted development standards unless waived by the development review committee during the pre-application process per38.750.050. The developer must include documentation of any waivers granted by the city after the pre-application review. Additional relevant and reasonable information may berequired to adequately assess whether the proposed subdivision complies with this chapter, the Montana Land Use Planning Act, and other applicable standards. My proposed UDC language for A. Documentation of compliance with adoptedstandards. The following information must be provided with all subdivision preliminary plat applications in order to document compliance with adopted development standards. Nowaivers will be granted. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this chapter, theMontana Land Use Planning Act, and other applicable standards. City's proposed UDC language for 5. Vegetation. b. Protective measures. Describe measures to preserve trees and critical plant communities (e.g., design and location ofstreets, lots and open spaces). My proposed UDC language for 5. Vegetation. b. Protective measures. Describe measures to protect (1) all existing native vegetation (trees, shrubs, and other vegetation),(2) all existing trees, native or nonnative, 6 inches or greater in caliper size (diameter at breast height, DBH), (3) other important trees and shrubs (e.g., fruit-bearing), and (4) othercritical plants and plant communities. Sec. 38.710.090.C. Contents of landscape plan. 7. and 9. (UDC draft, page 7-40) City's proposed UDC language for C. Contents of landscape plan.7. Complete landscape legend providing a description of plant materials shown on the plan, includingtypical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of allexisting trees on the lot over six inches in caliper must be specifically indicated. My proposed UDC language for C. Contents of landscape plan.7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes (DBH) at installation, heights, spread and spacing. The location and type of all existing trees on the lot with a caliper size (DBH) over six inches must be specifically indicated; City's proposed UDC language for C. Contents of landscape plan.9. An indication ofhow existing healthy trees (if any) are to be retained and protected from damage during construction; My proposed UDC language for C. Contents of landscape plan.9. A written plan must be submitted to describe how existing trees are to be retained and protected from damage during construction. No trees or other vegetation may be removed from the site between annexation and the approval of the preliminary plat plan. I know this is a lot of material to read and digest before today's UPF meeting. However, there may very well be additional UDC language of which the UPF board is already aware that could be changed to help protect Bozeman's trees and urban forest into the foreseeable future and ultimately help foster environmentally responsible development in Bozeman. Thank you for the opportunity to comment. Daniel Carty 213 N. Third Ave Bozeman, MT 406-548-2810 dgc12@hotmail.com P.S. I refer the UPF to a Sep 27, 2023, Bozeman Daily Chronicle Guest Column titled The Importance of Mature Trees to Ecosystem Services https://www.bozemandailychronicle.com/opinions/guest_columnists/guest-column-the- importance-of-trees-mature-to-ecosystem-services/article_35fefe00-5c80-11ee-aae1- c32fd3d820ce.html