HomeMy WebLinkAbout10-11-23 Public Comment - M. Kaveney - Sustainability Board- UDC suggestionsFrom:Marcia Kaveney
To:Agenda
Subject:[EXTERNAL]Sustainability Board- UDC suggestionsDate:Wednesday, October 11, 2023 11:48:31 AM
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Dear Sustainability Board-
I see that you will be discussing the UDC update tonight and relevant UDC codes for improving the City's sustainability. I have abackground in ecology and environmental education and a strong personal interest in preserving our native vegetation and especially themature trees in Bozeman and the surrounding area. The following line items are suggestions for code improvements and other actionsthat I hope you will include in your Boards recommendations. Some of the suggested text comes from other public comments I haveread recently and from participation with the newly formed Bozeman Tree Coalition.
From what I've heard in other advisory board meetings, it's my understanding that public comments will not necessarily be incorporatedunless reinforced aloud by advisory board members or the city commission.
In addition to the following text changes, I encourage you to ask for another opportunity to allow for your thorough review of theenvironments sections of the UDC update after tonight's work session.
To quote from a letter to the editor by Daniel Carty in today's Bozeman Daily Chronicle, "As Montanans, our right to a clean and
healthful environment should be the central tenet of the City of Bozeman’s (City) proposed Unified Development Code
(UDC) update. However, such is not the case. Instead, the City’s proposed UDC update leaves unchanged current UDC
language that discourages land stewardship and discourages environmentally responsible development."
Please consider the following:
1. Currently trees and drinking water are not included in Article 6 Natural Resource Protection. This seems like a huge oversightgiven everything else the City is working on. Suggested text at this time is simply to add a line item that can be expanded upon in the near future.Suggested text to the UDC draft:Division 38.630. Drinking Water Regulations.Division 38.640. Urban Forest Regulations.
2. Strengthen environmental protections. 38.410.010 B. Natural Environment. This code still includes loophole language making it unenforced by City planning staff. (UDCdraft pages 4-18). The current text is: "The development of all land uses must be properly related to topography, and must, to the extent possible, preservethe natural terrain, natural drainage, existing topsoil, trees, and other existing vegetation." City staff did not enforce this code with therecent Canyon Gate and the direct consequence was the complete removal of all vegetation and a complete regrading of the entireparcel. *Suggested text change of removing the statement, "to the extent possible" to strengthen this very important code.
3. In many cases trees are removed due to City code requirements for intersections. Strengthen Intersection language (UDC draft, page4-5).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 intersectionbe less than 60 degrees to the centerline of the street or road being intersected.
Suggested new text 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 existingtopographic features favor protection of existing natural resources. Existing topographic features and natural resources include, but arenot limited to, surface landform (e.g., plains, hills, and valleys), surface water (e.g., springs, creeks, streams, rivers, ponds, lakes, andseasonally flowing irrigation ditches), trees and other vegetation, and minerals. The angle of an intersection may be less than 60 degreesto the centerline of the street or road being intersected to comply with protecting existing natural resources.
4. Improve the City's codes for protecting existing trees and other vegetation- critical for protecting ecological services of vegetationespecially mature trees.City's proposed UDC language for Chapter 38.710.050. 5. Vegetation. b. Protective measures (UDC draft, page 7-21) Describemeasures to preserve trees and critical plant communities (e.g., design and location of streets, lots and open spaces). (This is too easy fordevelopers to focus only on critical plants such as was done for the recent Canyon Gate application.)Suggested text change: " Describe measures to protect (1) all existing native vegetation (trees, shrubs, and other vegetation), (2) allexisting trees, native and nonnative, 6 inches or greater in caliper size (diameter at breast height, DBH), (3) other important trees andshrubs (e.g., fruit-bearing), and (4) other critical plants and plant communities."
5. I would like to see Water supply be considered with each and every new development that will build more than 10 ( or ? number) newdwelling units. I do not know what code this would go under- perhaps the initial zoning stage or the Preliminary Plat. Currently it is myunderstanding that developers can pay cash-in-lieu in return for tapping into the City's water supply. Yet common sense tells us that wecannot continue to divide our finite supply of water indefinitely. Currently water conservation is being considered separately from the UDC overhaul.
My request is that your advisory board set aside time to explore ways to include water consumption/water use in the UDC.
6. Lastly I will go out on a limb and ask you to please consider a recommendation of a 6 month moratorium on new annexations sothat time may be used to analyze the water supply, and develop public transit and tree protections. I think the City speaks of growing 'upnot out' but recent annexations show that we are growing outward at a very rapid rate leading to congested traffic ( idling and exhaust),longer travel routes (fossil fuel use), destruction of existing trees and the resultant loss of their ecological services, etc.
As a long time area volunteer, I understand and appreciate the work you are doing. And I thank you for your time and consideration ofthese matters.
Marcia Kaveney1496 Boylan Rd.
City's Proposed UDC Update Language and My Suggested LanguageSec. 38.410.010. - General standards. B. Natural environment (UDC draft, page 4-18)City’s proposed UDC language for B. Natural environment. The design anddevelopment of all land uses must be properly related to topography, and must, to theextent possible, preserve the natural terrain, natural drainage, existing topsoil, trees andother 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 naturalterrain, natural drainage, existing topsoil, trees, and other existing