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HomeMy WebLinkAbout10-05-23 Public Comment - D. Carty - Public comment on proposed UDC update (Application 21381) CDBFrom:Daniel Carty To:Agenda Subject:[EXTERNAL]Public comment on proposed UDC update (Application 21381) Date:Thursday, October 5, 2023 6:08:42 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. (Please post this public comment in the UDC update folder, Application 21381.) Date: Oct 5, 2023, Time: 6:10 AM To: Bozeman City Commission (CC) and Community Development Board (CDB) Subject: Suggested changes to the City of Bozeman’s (City) proposed UDC update Introduction It is well understood that the well-being of people and land is intertwined (e.g., A Sand County Almanac, Aldo Leopold, 1949). Perhaps reflecting this understanding, the MontanaConstitution has, since 1972, guaranteed to all Montanans the right to a clean and healthful environment (Footnote 1). As Montanans, our right to a clean and healthful environmentshould be integral to the City of Bozeman’s (City) proposed Unified Development Code (UDC) update. However, such is not the case. Instead, the City’s proposed UDC updateleaves unchanged current UDC language that discourages land stewardship and discourages environmentally responsible development—arguably resulting in the City’sproposed UDC update being out of compliance with the spirit and intent of the Montana Constitution. Consequently, I am writing to suggest the following changes to the City’s proposed UDCupdate. My suggested changes will, if adopted, offer increased protection to Bozeman's natural environment, help encourage land stewardship, help encourage environmentallyresponsible development, and help bring the City's proposed UDC update into compliance with the spirit and intent of the Montana Constitution. If you cannot see your way to adopting my suggested changes—or something close tothem—then I ask that you vote to reject the City's proposed UDC update in its entirety. City's Proposed UDC Update Language and My Suggested Language 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 theextent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other existing vegetation. My suggested UDC language for B. Natural environment. The design and developmentof all land uses must be properly related to topography and must preserve the natural terrain, natural drainage, existing topsoil, trees, and other existing vegetation. 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 beingintersected. My suggested 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 notlimited to, surface landform (e.g., plains, hills, and valleys), surface water (e.g., springs, creeks, streams, rivers, ponds, lakes, and seasonally flowing irrigation ditches), trees andother 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 existingnatural 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 suggested 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 suggested 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 and 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, including typical 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 suggested UDC language for C. Contents of landscape plan.7. Complete landscape legend providing a description of plant materials shown on the plan, including typicalsymbols, names (common and botanical name), locations, quantities, container or caliper sizes (DBH) at installation, heights, spread and spacing. The location and type of allexisting trees, native and nonnative, 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 suggested UDC language for C. Contents of landscape plan.9. A written plan mustbe submitted to describe how existing trees (healthy, dying, or dead) are to be retained and protected from damage during construction. No trees or other vegetation may be removedfrom the site between annexation and the approval of the preliminary plat plan. Summary and Conclusion The Montana Constitution guarantees to all Montanans the right to a clean and healthful environment. Arguably, then, the City’s proposed UDC update should include language thatencourages land stewardship and encourages environmentally responsible development. However, the City's proposed UDC update contains little such language. The UDC changes I have suggested will, if adopted, help protect Bozeman's naturalenvironment, help encourage land stewardship, help encourage environmentally responsible development, and help the City's proposed UDC update comply with the spiritand intent of the Montana Constitution. Also, the UDC changes I have suggested will go a long way toward maintaining Bozeman's historical “sense of place” and securingBozeman’s future as “the most livable place” for our community as a whole. Finally, as I stated in the Introduction, if you cannot see your way to adopting my suggested UDC changes—or something close to them—then I ask that you vote to reject the City's proposed UDC update in its entirety. Daniel Carty 213 N. Third Ave Bozeman, MT 59715 406-548-2810 dgc12@hotmail.com Footnote 1: Constitution of Montana -- Article IX -- ENVIRONMENT AND NATURAL RESOURCES. Section 1. Protection and improvement. (1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. (2) The legislature shall provide for the administration and enforcement of this duty. (3) The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.