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HomeMy WebLinkAbout12-27-24 Public Comment - D. Carty - City Commission_ Please reclaim_deny The Guthrie 2 (App 24493)From:Daniel Carty To:Bozeman Public Comment Subject:[EXTERNAL]City Commission: Please reclaim/deny The Guthrie 2 (App 24493) Date:Friday, December 27, 2024 8:18:23 AM Attachments:BozemanTreeCoalition_Guthrie2_PublicComment.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. December 27, 2024; 8:15 a.m. Please place the attached pdf public comment from the Bozeman Tree Coalition in The Guthrie 2, App 24493 folder. The pdf comment asks the City Commission to reclaim review of and then deny The Guthrie 2 (App. 24493) development project. Thank you. Sincerely, Daniel Carty, co-founder, Bozeman Tree Coalition 213 N. 3rd Ave Bozeman, MT 59715 406-548-2810 (Please place the following public comment in The Guthrie 2, App 24493 folder. Thank you.) December 27, 2024; 8:15 a.m. Dear Bozeman City Commission, The Bozeman Tree Coalition (BTC) is writing to ask the Bozeman City Commission to (1) reclaim review authority over The Guthrie 2 (App. No. 24493) development project and (2) subsequently deny The Guthrie 2 (App. No. 24493) development project.1 The BTC’s reasons for making these requests are as follows: Reason 1: The Guthrie 2 development project lies within Bozeman’s Neighborhood Conservation Overlay District (NCOD),2 and this development project proposes to remove all existing mature trees and all other existing vegetation on the site before new construction begins. Arguably, removing all existing mature trees and all other existing vegetation on the site before new construction begins will not comply with BMC DIVISION 38.110. ADOPTED PLANS, STANDARDS AND RESOLUTIONS, Sec. 38.110.010. Plans, standards and resolutions adopted by reference, B. [Bozeman] Guidelines for historic preservation and neighborhood conservation overlay district.3 In the Bozeman Guidelines for Historic Preservation and Neighborhood Conservation Overlay District (Jan 17, 2006, amended Jul 13, 2015),4 Chapter 2. Design Guidelines for All Properties, E. Landscape Design, reads: “Policy: Traditionally, plant beds were located around building foundations, along walkways, and sometimes in front of fences. Some of these plantings may have historic significance and should be retained to the extent feasible. Mature trees may also contribute to the historic landscape and should be preserved.” “Guidelines: 1. Preserve and maintain mature trees and significant vegetation within all corridors. o Include existing vegetation as part of a landscape design scheme where appropriate. o In development areas, healthy trees and vegetation clusters should be identified for preservation.  Special consideration should be given to mature trees, 6 inches or greater in diameter, and to vegetation clusters with significant visual impact.  Vegetation designated for preservation should be incorporated into new development site designs to the maximum extent possible.” Reason 2: In addition to being noncompliant with the NCOD, The Guthrie 2 is also noncompliant with BMC 38.230.100 [Site] Plan Review Criteria,5 specifically: A.5.c. “Applicable zone specific or overlay standards (divisions 38.330-340).” As previously noted, The Guthrie 2 does not conform to the tree preservation requirements of the NCOD- 38.340. 7.a. Requires "Compatibility with, and sensitivity to, the immediate environment of the site...relative to ... neighborhood identity, landscaping, historical character." As previously noted, by removing all healthy and mature trees on the site, The Guthrie 2 will not be compatible with or sensitive to its immediate environment with regard to the existing landscaping and historical character that the mature trees are providing on the site. 7.c. "Design and arrangement of elements of the plan...in harmony with the.... existing vegetation..." As previously noted, The Guthrie 2 proposal is not designed in harmony with the existing vegetation because of the developers plans to remove all the existing vegetation. A complete scraping of vegetation and removal of all existing trees is the antithesis of designing in harmony with the existing vegetation. Conclusion: To reiterate and conclude, the BTC asks the Bozeman City Commission to (1) reclaim review authority over The Guthrie 2 (App. No. 24493) development project and (2) subsequently deny The Guthrie 2 (App. No. 24493) development project because of noncompliance with BMC Sec. 38.110.010. Plans, standards and resolutions adopted by reference, B. [Bozeman] Guidelines for Historic Preservation and Neighborhood Conservation Overlay District and noncompliance with BMC 38.230.100. [Site] Plan Review Criteria. Sincerely, Bozeman Tree Coalition co-founders Daniel Carty, Marcia Kaveney, and Angie Kociolek Footnotes 1The Guthrie 2 (App. No. 24493) https://weblink.bozeman.net/WebLink/Browse.aspx?startid=292962&cr=1 2BMC 38.340 Neighborhood Conservation Overlay District (NCOD) and Historic Preservation https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH3 8UNDECO_ART3ZODILAUS_DIV38.340OVDIST_PT1NECOOVDIHIPR 3BMC Sec. 38.110.010. Plans, standards and resolutions adopted by reference https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH3 8UNDECO_ART1GEPR_DIV38.110ADPLSTRE 4Bozeman Guidelines for Historic Preservation and Neighborhood Conservation Overlay District https://www.bozeman.net/home/showpublisheddocument/8932/637413117338300000 5BMC Sec. 38.230.100. [Site] Plan review criteria https://library.municode.com/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH3 8UNDECO_ART2PELEACPR_DIV38.230PLRE_S38.230.100PLRECR