HomeMy WebLinkAbout10-16-25 Public Comment - R. Gorsuch - Save our treesFrom:Royce Gorsuch
To:Bozeman Public Comment
Subject:[EXTERNAL]Save our trees
Date:Thursday, October 16, 2025 10:35:38 AM
Attachments:2025.10.14.BTC_UDC Update suggestions..pdf
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Save our city's trees. See attached for how.
October 15, 2025
Unified Development Code Update - Bozeman Tree Coalition (BTC) suggested updates
Dear Community Development Director Erin George and Community Development
Manager Chris Saunders,
The following Bozeman Tree Coalition (BTC) submission for the Unified Development Code
(UDC) Update is a response to the September 22nd, 2025, discussion between the BTC,
City staff, and City commissioners about the Environment Topic and UDC Update. In
attendance were BTC members Daniel Carty, Angie Kociolek, April Craighead, Marcia
Kaveney, and Annmarie Sheets. City staff (Staff) included Community Development
Director Erin George and City Manager Chuck Winn. City commissioners in attendance
were Jen Madgic and Deputy Mayor Joey Morrison. Previous BTC comments and
suggestions were submitted on May 2, 2025, and September 9, 2025.
As per the discussion, the BTC is pleased to see some of their previous suggestions
accepted but also concerned that some important existing environmental codes remain
unimproved or were weakened with updated changes. Please review the following
suggestions along with their justifications and consider adding them to the 2025 UDC
update. Text suggestions are organized by UDC code number on separate pages.
Legend:
Text in underlined typeface is proposed to be added.
Text in strikethrough typeface is proposed to be deleted.
BTC comments, questions, or justifications are italicized.
Divisions and sections are in bold for ease of reference.
Unchanged draft text has been omitted except to give context and location for our
comments.
* Indicate new terms with definitions found in Division 38.800 Terms and Interpretation.
BOZEMANTREECOALITION@GMAIL.COM
Division 38.540. – Landscaping
Sec. 38.540.010.- Purpose and intent.
Discussion:
The original “purpose and intent” paragraph lacks reference to private property rights and
is not as strong as it could be to support the environmental intention in the existing growth
policy. Also, it assumes alteration of the natural topography and vegetation rather than
allowing for less degradation of the environment. The BTC version more clearly states the
protection of private property rights while also emphasizing the City’s goals of protecting
Bozeman’s natural beauty by being more specific with its wording.
The suggested new text is presented without strikethroughs for easier reading and is
followed by the original for comparison. The suggested text has been reviewed carefully by
Annmarie (Annie) Sheets, a retired City arborist working with the BTC.
BTC suggested text (Purpose and Intent paragraph):
The process of development, including possible alteration of the natural topography and
vegetation, and creation of impervious cover can have a negative effect on the ecological
balance of an area. It is pertinent to the public interest, health, and welfare that Bozeman’s
unique natural beauty and environment be protected through preservation and
conservation efforts including but not limited to tree protections, diversity of vegetation
throughout the city, enhancing aesthetic character of the community, watershed health,
and other ecologically balanced practices that are consistent with those community goals.
It is the intent of this division to promote and protect the city’s natural environment while
respecting individual rights to develop, maintain, and enjoy private property to the fullest
possible extent consistent with the public interest, health, and welfare. These regulations
are adopted as part of this chapter for the following specific purposes:
Original Purpose and Intent paragraph (for comparison):
The process of development, with its alteration of the natural topography and vegetation,
and creation of impervious cover can have a negative effect on the ecological balance of
an area by causing or accelerating the processes of runoff, erosion and sedimentation. The
economic base of the city can and should be protected through the preservation and
enhancement of the area's unique natural beauty and environment. Recognizing that the
general objectives of this division are to promote and protect the health, safety and welfare
of the public, these regulations are adopted as part of this chapter for the following
specific purposes:
Division 38.740 Plan Review.
Sec. 38.740.090. - Plan review criteria.
Discussion:
It is the opinion of the BTC that the following codes under Plan Review Criteria do not
deliver the community’s desired outcomes with the updated language. We suggest that the
original UDC text be reinstated with the addition of definitions to support the City’s
planners and help developers understand what is expected of them.
Design review will always have a certain amount of subjectivity to it and that is where
planners can depend on definitions and the growth policy to guide developers to the meet
the City’s desired outcome of protecting its unique beauty and natural environment.
New UDC draft text:
38.740.090.6. Conformance with the project design provisions of article 5, including:
6.a. “Compliance with standards for architectural design, building mass, landscaping,
historical character, orientation of buildings on the site and visual integration;”
Original UDC text:
38.740.090. 6. Conformance with the project design provisions of article 5, including:
6.a. “Compatibility with, and sensitivity to, the immediate environment of the site and the
adjacent neighborhoods and other approved development relative to architectural design,
building mass, neighborhood identity, landscaping, historical character, orientation of
building on the site and visual integrations;”
Discussion:
By removing “Compatibility with, and sensitivity to, the immediate environment of the site
and the adjacent neighborhoods and other approved development relative to”, and
“neighborhood identity”, developer obligations to protect the unique natural beauty and
environment of the City have been effectively removed along with the protection these
qualities bring to the City’s economic base as emphasized in Landscape 38.540.
The BTC requests the original language be reinstated with the addition of definitions for
“compatibility”, “sensitivity to”, and “neighborhood identity” in section 38.800 of the UDC
draft. Used together with the definitions below, it is clear what “compatibility with, and
sensitivity to”, mean when addressing how a new development or building will fit in the
existing environment and neighborhood. This will support planning staff and inform
developers when planning their design.
Suggested definitions to add to UDC 38.800:
Compatibility with- “work together in harmony because of well-matched characteristics”
(Dictionary.com).
Sensitivity to- “having or showing concern for a specified matter” (Merriam -Webster.com)
in this case- the immediate environment and the adjacent neighborhoods. For example,
new developments should not overpower the adjacent neighborhood with much larger
buildings, strongly different designs, or the removal of healthy, mature vegetation in
desirable locations.
Neighborhood identity- includes the overall architectural and urban design; the layout and
appearance of streetscapes, landscaping, and public spaces; the demographic
composition; the local businesses and amenities; historical and cultural heritage reflected
in the neighborhood. (Opulands.com)
New UDC draft text:
38.740.090. 6. Conformance with the project design provisions of article 5, including:
6.c. Design and arrangement of elements of the plan (e.g., buildings circulation, open
space and landscaping, etc.) in relation to existing natural topography, natural water
bodies and water courses, vegetation, and to contribute to the overall aesthetic quality of
the site configuration;
Original UDC draft text:
38.740.090. 6. Conformance with the project design provisions of article 5, including:
6.c. Design and arrangement of elements of the plan (e.g., buildings circulation, open
space and landscaping, etc.) in harmony with existing natural topography, natural water
bodies and water courses, existing vegetation, and to contribute to the overall aesthetic
quality of the site configuration;
(Underlined emphasis by BTC)
Discussion:
The current UDC draft text of 38.740.090.6.c. has changed “in harmony with” to “in
relation to”, and removed “existing” from “existing vegetation” .
In “harmony with” means something very different from “in relation to”. “If things are in
harmony, they seem right or suitable together.” (dictionary.cambridge.org)
Whereas the phrase “in relation to” is often used to compare size, shape, or position of
things (merriam-webster.com).
Additionally, by removing “existing” from “existing vegetation” the reader (planner or
developer) has no idea which vegetation is being considered and the existing vegetation is
what is important here, especially in wooded or riparian areas, rather than newly planted
vegetation.
38.740.090. Plan Review Criteria.
7. Conformance with environmental and open space objectives set forth in articles 4,
article 5, article 6, including:
New UDC text:
7.a. Stormwater controls;
Original UDC text:
7.a. The enhancement of the natural environment through low impact stormwater features
or removal of inappropriate fill material;
Discussion:
Changing the text to “Stormwater controls” only, removes the important discussion
between planners and developers to consider the benefits of enhancing the natural
environment through low impact stormwater features even in high density urban
development. These areas can improve groundwater recharge, be included in the City’s
natural open spaces, and protect existing wet areas that may have existing native trees and
bird habitat and would support the City’s goals of sustainability and water conservation
measures as outlined in various City plans.
Thank you for your consideration of the BTCs recommended text changes to the UDC draft
of September 2025.
Bozeman Tree Coalition co-founders and members,
Marcia Kaveney
Daniel Carty
Angie Kociolek
April Craighead
Christopher McQueary
Lara Schulz
Annie Sheets, consulting retired City Arborist and BTC member