HomeMy WebLinkAbout07-16-22 Public Comment - M & L Nichols - Public Comment regarding Six Range West Condos, Project 21235From:Laura Nichols
To:Agenda; Lynn Hyde; Anna Bentley; Brian Krueger
Subject:Public Comment regarding Six Range West Condos, Project #21235
Date:Saturday, July 16, 2022 3:43:32 PM
Attachments:Public Comment Letter to City of Bzn re Six Range West Condos #21235_7-16-2022_Nichols.docx
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Please accept our letter and enter into it the Public Comment record for this proposed
development.
Thank you.
Mike and Laura Nichols
4283 Palisade Drive
Bozeman, MT 59718
1
July 18, 2022
Dear Ms. Lynn Hyde, Development Review Planner, Mr. Brian Krueger, Development Review Manager and
Ms. Anna Bentley, Community Development Interim Director,
We are residents of CT Condominiums (aka, Cottonwood Condos) on Palisade Drive. This letter is submitted
respectfully for inclusion of the public comment record for the proposed Six Range West Condos project,
#21235. As currently proposed by the Developer, we oppose this project as designed and ask the
Community Development and Planning Teams to review and consider our concerns and ideas fully as you
approach a final decision on this project. Thank you.
Due to the proximity of the proposed Six Range West Condos to homes in CT Condominiums, we are
registering challenges to the following elements of their proposal as currently designed, as they do not
meet the Purpose of Project Design as stated in the City of Bozeman Code of Ordinances, Article 5, Div.
38.500, Secs. 38.500.10 C, D and G:
“C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with, and
enhance the character of Bozeman's neighborhoods;
G. Maintains and enhances property values within Bozeman.”
The four areas of most concern for us as they relate to these code sections are:
1. South Side Parking and Landscaping: The size and scale of this lot runs entirely parallel to the
backyards, patios and indoor living spaces of all homes on Palisade Drive in CT Condominiums. The
disruption of parking in this vicinity will create extraordinary noise and light pollution and trespass
into the homes; therefore, creating incompatibility to the neighborhood. Proper continuous
screening (as defined by the City) that only meets code is insufficient for full mitigation of light and
noise, thus, challenging the impact to property values of CT Condo homes.
2. Location of Trash Dumpsters, aka ‘Service Areas’: Like the south side parking lot, the location of
over half (3 of 5) trash dumpsters planned for Six Range are in the immediate view (and smell) of all
homes on Palisade Drive in CT Condominiums. Again, screening and design that merely meets
codes is not acceptable. These should be relocated further into the interior of the Six Range
complex of 8+ acres in order to have this project “enhance the character”, “maintain AND enhance
property values” and be considered a quality-add and beneficial contributor to the neighborhood
character.
3. Rooftop Decks and Lifted Building Volume: In general, the notion of having rooftop decks should
raise red flags to anyone who is reviewing this project as to how it meets the codes noted above,
i.e., “contributing to the character of Bozeman, ensuring compatibility with existing neighborhoods,
enhancing the character of the neighborhood, and maintaining and enhancing property values”. In
the Design Narrative provided by the Developer to the City, it states, that “the central building
volume within the site is proposed to be lifted above grade to create visual and circulation
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connections between the two major open space areas within the site.” How is lifting the building
volume and/or adding rooftop decks deemed compatible to the surrounding neighborhoods when
the majority of the homes that surround Six Range are either single or two-story dwellings? Lifted
building volume and rooftop decks take what should be maximum three-story complex up to five
(5) stories, plus the lifted portions and the rooftop decks are not even residential space. These are
purely aesthetics that have no added value nor added quality the city says it seeks; they only help
the Developer sell these “modestly priced housing options” at a significant sales price.
4. Traffic Impact: The original Traffic Impact Study (TIS)1 findings are flawed and warrant repeating to
reflect a truer representation of what the actual impact will be to our surrounding streets and
neighborhoods with the addition of this condo complex and the increased vehicle volume that will
be generated by new residents and/or guests. Our opinion for reworking this TIS is based on two
factors:
1) Hanley is a private street of CT Condos and should be omitted from the TIS completely as having
any possible traffic access points exiting or entering Six Range, and
2) The TIS was conducted during August 10, 2021, when traffic is predominantly tourist-based. The
TIS does not account for seasonality which is standard for reporting traffic impact data according to
the Montana Department of Transportation: “…short-term counts must be seasonally adjusted in
order to provide a better representation of traffic conditions on an average day” 2.
SOUTH SIDE PARKING AND LANDSCAPING
Using all three landscape plan submittals from the Developer (8-7-2021, 1-7-2022, 5-16-2022), we reviewed
the plantings planned to assess conformity to the City’s code, Sec. 38.550.050 Mandatory Landscaping
Provisions, Subsections 2a.and 2b. The latest submission has had some additions, so we will use that
moving forward as the basis for our position.
Sec. 38.550.050.2a. (subsections 1, 3 and 4) require that parking lots be screened, that they must be
screened from adjacent residences and that this screening must be continuous. “Continuous” is defined by
Merriam-Webster as “marked by uninterrupted extension in space, time, or sequence”3 and by the Oxford
English Dictionary as “characterized by continuity; extending in space without interruption of substance;
having no interstices or breaks; having its parts in immediate connection; connected, unbroken. In unbroken
connection with; joined continuously to; forming one mass with”4 Keeping these definitions in mind and
aligning the proposed trees and shrubs on the Developer landscape plans, ~86% of the plantings do not
meet the definition of “continuous”, as they are 100% deciduous. The remaining 14% are evergreen,
Mugo pines, reaching a maximum height of 3’. (See table 1)
Specific to the landscaping on the south side of the development, per the legend on the Developer’s
landscape plan, item L1.01, pdf #53 “Landscape Plan”5, 100% of proposed trees and 84% of proposed
1 Traffic Impact Study Six Range Condominiums Bozeman, MT, WGMGroup 8.10.2021
2 https://mdt.mt.gov/publications/datastats/traffic-factors.aspx (accessed 7-5-2022)
3 https://www.merriam-webster.com/dictionary/continuous (accessed 2-4-2022)
4
https://www.oed.com/oed2/00048620#:~:text=1.,1673%20Grew%20Anat.&text=The%20one%20Parenchymous%3B
%20Continuous%20throughout,a%20solution%20of%20its%20Continuity. (accessed 2-4-2022)
5 L1.O1, Six Range Landscape Plan, pdf #53, dated 5-16-2022, accessed 7-2-2022 via
https://bzncloud.bozeman.net/s/jPBNxHoz3Ekiez3
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shrubs are deciduous. Deciduous trees lose the majority of their leaves or flowers during the fall and
winter months. In Bozeman, leaves will not begin growing until late May or early June with mature annual
growth expected to peak on average around late June. With our abbreviated summer season, the leaves
will begin to fall beginning as early as mid-September, with many doing so after the first frost. This equates
to having the proposed screening with said trees and shrubs for only four months, i.e., one-quarter (25%)
of the year. That is a far cry from providing proper, continuous screening as nearly all plants’ and trees’
leaves will be absent during the fall, winter and spring months. By being deciduous rather evergreen, the
continuity of screening offered by these selections does not meet the definition of continuous.
Lastly, after researching all the trees and shrubs selected for the south end parking lot, many of these trees
are messy, causing additional cleanup burden on the residents and Association of CT Condos.
See table below for details about the growth patterns of these plants:
Proposed Parking Lot Landscape Selections as Screening Between Six Range West Condos and CT Condos
to the South
TABLE 1
Type of
Plant
Common Name Deciduous/Evergreen*
(D/E)
Height
Range
Width
range
Qty on South Side
Parking Lot
Tree Emerald Lustre Norway
Maple
D 40-65’ 25-40’ 5
Tree Greenspire Little Leaf
Linden
D 40-65’ 15-25’ 9
Tree Accolade Elm D 40-65’ 15-25’ 5
Shrub Meadowlark Forsythia D 6-10’ 3-6’ ~35-40
Shrub Cheyenne Privet D 6-10’ 3-6’ ~38-40
Shrub White Bud Mugo Pine E 4’ 5’ 21 clusters of ~6-8
Shrub Gro Low Fragrant
Sumac
D 2-3’ 6-8’ ~24
*Nearly all of these listed plants produce flowers, blooms or fruit of some kind in addition to losing leaves annually.
Such growth creates excess maintenance for surrounding areas, including CT Condos, as well as creates opportunities
for pests such as nuisance birds, bees, wasp, ants into an area adjacent to the CT paved trail. This is a risk to any and
all users on the path. Additionally, Cheyenne Privet is a poisonous shrub, so its presence along the pathway presents a
danger to pets and children.
Based on the provided growth height and width data in the Developer’s landscape submission, 5-16-2022,
it appears that, while the selections’ sizes (heights and widths) may meet the subsection codes 3 and 4 of
the 38.550.050.2a, overall, they lack meeting the criteria of proper “continuous” screening (subsection
38.550.050.2a.1) and create a maintenance burden to the CT Condo neighborhood.
Furthermore, while the City Landscaping Code, Sec. 38.550.050.C.2b offers options between large canopy
or non-canopy trees with one small tree, the choice of only deciduous, messy canopy trees does not fulfill
the stated purpose and intent of that same code (Sec 38.330.101) “to provide visual buffering between land
uses” and “aiding in noise and glare abatement”.
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In order to create adequate, continuous screening of the Six Range south-facing parking lot, that will
“provide visual buffering between land uses“ and “aid in noise and light abatement”, we propose the
following two options and request that these two options be strongly considered by the City during its
final review period of the Six Range site and its landscape plans:
1. Require a solid fence or wall. Either of these provide continuous screening, can be built with
materials complimentary to the overall Six Range West Condo Scandinavian design, provide a low-
maintenance, non-transparent screen between properties, assist in preventing light pollution and
trespass into the adjacent homes in the CT Condo community, and align with Bozeman’s newly
proposed water conservation standards for new developments. If the Developer would simply add
walls to the covered parking areas along the perimeters of the parking lots, this could partially
meet the code for continuous screening. Then, only appropriate, purposeful evergreen trees and
plants would be necessary to complete such screening.
As it pertains to water conservation, in a February 15, 2022 memo6 to the City Commission from
Jessica Ahlstrom, Water Conservation Program Manager and John Alston, Director of Utilities, they
sought city direction “to develop landscape and irrigation performance and design standards for
new development” because “Bozeman is a fast-growing drought-prone community facing
numerous water supply constraints”. They further stated “In order to ensure that Bozeman has a
reliable water supply available for the future, City Staff ask the City Commission to consider
landscape and irrigation performance and design standards for new development to ensure that
outdoor watering associated with future growth is more efficient.” Additionally, in a February 15,
2022 presentation7 by Ms. Ahlstrom, she recommends “turfgrass limits based on total vegetated
area multi-family to be 40% turf”. It seems that with this desire by the City to have new
developments, whether single or multi-family, to be more water-conscious and efficient, these
standards should be implemented now, at the beginning of possible construction of Six Range. In
fact, this is the perfect time to demonstrate how a large development like Six Range West Condos
can not only be a good neighbor by constructing purposeful, aesthetically pleasing, water-efficient
screenings, but also be a good community steward of water conservation in light of accelerated city
growth and city vision. The enormity of the property dictates that water conservation be part of its
plan; hence, making a wall or fence screening an appropriate resource to aid in meeting the water
conversation vision held within the City’s respective departments.
6 Bozeman City Memorandum, “Direction to City Staff on the Development of Water Conservation Standards for New
Development and City-Wide Outdoor Watering Restrictions”, 2-15-2022
7 Work Session Proposed Landscape and Irrigation Performance and Design Standards, 2-15-2022
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2. Require an earthen berm, as originally offered to CT Condo residents by Mr. Paine, the Developer,
in October, 2021. Berms should follow an approved design and one that challenges the gold
standard set by the community of Loyal Garden when it was developing its condominium complex
at the corner of Huffine and Cottonwood. With over 150 parking spaces and three (3) large trash
dumpsters being proposed to become the backyard of the established homes in CT Condos, it
seems that creating continuous screening using soil, evergreen plantings and even rock accents will
not only provide shelter from vehicle lights that will otherwise flood into home windows, but also
provide an aesthetically pleasing landscape for new Six Range condo owners, pathway users and
the CT Condo homes.
Whatever screening solution that is ultimately approved by the City, the dimensions of such should be no
less than 60” high to provide complete screening from headlights of an average pickup, for instance a
Chevy Silverado, or an average SUV, like a Ford Explorer, which is 45” to its headlights. The city allows for
fences to be maximum 6’ height, even up to 8’8 with proper approvals, so building walls, fences or berms
that are both attractive and at functional heights that block headlights of various large, vehicle sizes should
be doable by and required of the Developer and his landscape team.
Conclusion: Walls, fences and/or berms prevent the mess and maintenance of shrub rows and tree lines
while providing noise and light abatement as well as visual appeal .9
LOCATION OF TRASH DUMPSTERS (AKA, ‘SERVICE AREAS’)
Three of the five trash dumpsters (labeled as ‘trash enclosures’ on the Six Range site plan and as ‘service
areas in the City Code of Ordinances) are located within the south side parking lot that runs adjacent to
the back of all homes on Palisade Drive in CT Condos. Their locations can hardly be considered acceptable
in meeting the Purpose of Project Design as stated in the City of Bozeman Code of Ordinances, Article 5, Div.
38.500, Secs. 38.500.10 C, D and G. Furthermore, as noted in the Intent of City code Sec.38.520.070A1-3,
these should be designed and located to “minimize adverse visual, odor and noise impacts” and “protect
adjacent properties from the impacts due to location and utilization of service areas”. Additionally,
Sec.38.520.070B1 stipulates ground-related service areas “must be located for convenient service access
while avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment and
adjacent residentially zoned properties”. Lastly, Sec.38.520.070C2, states “Sides and rears of service
enclosures must be screened with landscaping at least five feet wide in locations visible from the street,
parking lots and pathways” “to soften views of the screening element and add visual interest”.
How can the city allow 2/3rd of the trash dumpsters planned for the eight building complex of Six Range
be located on the south side in full sight and smell to the residents of Palisade Drive of CT Condos and
adjacent to the paved trail? Surely, their design features, appearance and materials used for screening
cannot outweigh the fact that their proximity as aligned to the referenced codes here, require them to be
moved further into the 8+ acre complex in order to fulfill the ordinances noted above. By not moving these,
not only will they not meet these codes for ‘service areas’, they will also fail to fulfill the Developer’s
8 Sec. 38.350.060.A.1. Fences, walls and hedges, Bozeman Municipal Code (accessed 2-4-2022)
9 Use this link to read more benefits for berms over hedges, fences, walls: https://evergreenfoundationnh.org/how-to-
create-large-lush-private-low-maintenance-landscapes/
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“Project Goals and Design Intent”10 of providing “positive impacts to surrounding neighborhood” and
seeking to be “a good neighbor”. Allowing these to be located as currently proposed, reinforces how the
City seems to turn a blind eye to its stated Purpose of Project Design of the City of Bozeman Code of
Ordinances, Article 5. Not only does allowing these at their current location ignore valid concerns by
Bozeman residents concerned with disruptions to their current outdoor living spaces (much like the
Developer envisions for his residents), but also, there is a realistic risk to property values as
owners/renters of CT Condos will now get the opportunity to smell trash, hear garbage pickups of trash
in large containers at all hours of the day or night, watch as birds pilfer trash or see winds open
containers and subsequently distribute trash throughout CT Condo property, the trail as well as within
the parking area of Six Range.
ROOFTOP DECKS AND LIFTED BUILDING VOLUME
As noted earlier, in general, the notion of having rooftop decks should raise red flags to anyone who is
reviewing this project as to how it meets the codes noted above, i.e., “contributing to the character of
Bozeman, ensuring compatibility with existing neighborhoods, enhancing the character of the
neighborhood, and maintaining and enhancing property values”. In the Six Range Condos Design
Narrative11 provided by the Developer to the City, it states, that “the central building volume within the
site is proposed to be lifted above grade to create visual and circulation connections between the two
major open space areas within the site.” How is lifting the building volume and/or adding rooftop decks
deemed compatible to the surrounding neighborhoods when the majority of the homes that surround
Six Range are either single or two-story dwellings? Additionally, how is adding rooftop decks fulfilling the
Developer narrative, “The design of the project seeks not only be a good neighbor, but also to shape the
projects’ open space and building blocks in such a way as to provide meaningful benefits to the surrounding
neighborhood above and beyond that seen in typical housing developments. Emphasis has been placed on
the creation of open space and paths that will act as a continuation of Valley West and Ferguson Parks,”?
Obviously, any rooftop deck does not contribute to open space and paths because they are on the roof!
And more importantly, how can any rooftop deck, typically designed for social gatherings at any hour, be
neighborly to those living below them? For a bar or restaurant, they may make sense. But for a quiet
enclave of established homes of families and retirees, they have no place in this part of Bozeman.
Further, rooftop decks pose significant risks and should be reconsidered in this development. They include
but are not limited to: Hours, types of usage, noise control, alcohol consumption, trash, smoking, fire
dangers, falls, number of guests in the space, falling objects, pets, parties, and more. Inherently they invite
the idea of partying, and this activity is not a quality-add amenity that is acceptable for this neighborhood.
Lifted building volume and rooftop decks take what should be maximum three-story complex up to five
(5) stories. Plus, the lifted portions and the rooftop decks are not even residential space. These are purely
aesthetics that have no added value to the neighborhood or city nor added quality the city says it seeks;
they only help the Developer sell these “modestly priced housing options” at a significant sales price. The
Developer indicates that taller or elevated-above-grade volumes are envisioned away from the edges of the
site. Well to be “compatible with, and enhance the character of Bozeman's neighborhoods” , raising the
height to make the buildings fit the name, Six Range, is unnecessary. Three stories are high enough to
create and take in the views of our surrounding mountain ranges. Icon Apartments to our west as well as
10 Six Range Condominiums Design Narrative, Developer document submitted as part of City of Bozeman Application
11 Six Range Condos Design Narrative: #06022021.pdf_dated 2-24-2022
7
Cottonwood Corners are maxed at three stories and they manage to blend well into this area and offer
lovely mountain views. We realize to the City review team that this aspect of our challenge to this
development could be deemed “subjective” and not something they will address; however, we argue back
that the City has already dipped its toe into subjectivity in its Purpose of Project Design of Section.
No review can be only a box-checking, code-aligning exercise if the overall goal is to meet this set of design
objectives.
TRAFFIC IMPACT
The Traffic Impact Report12, TIR, conducted August 10, 2021 by Mark Bancale, P.E., PTOE Senior Traffic
Engineer WGM Group, Inc. on behalf of Paine Group is flawed and warrants repeating in order to account
for a truer reflection of traffic increases on surrounding roadways to Six Range. This is particularly
important in light of the fact the CT Condos is not granting an easement onto its private road, Hanley,
which will force more traffic onto either Babcock or Ferguson. This scenario is not mentioned nor analyzed
in the TIR; therefore, any data that does not reflect this change is inaccurate.
Additionally, since the timing of the report was August, 2021, it cannot truly reflect an accurate traffic
count, knowing that this timing encompasses a seasonal break of traffic due to local schools and Montana
State students being away on summer break. This TIR should be redone at account for this seasonality,
which would be in line with a measurement standard used currently by the Montana Department of
Transportation. Specifically, per the MT DOT website13 “short-term counts must be seasonally adjusted in
order to provide a better representation of traffic conditions on an average day.”
With a projected population growth in Bozeman averaging 3.6%14, an increase in traffic volume of 8%15,
and the average car ownership in Bozeman being two cars per household16 (higher than the national
average), assuming that the residents of the 182 condos (equaling 340 bedrooms), there will easily be over
60017 cars introduced onto West Babcock, Ferguson, Durston and/or Huffine from this condominium
complex. This doesn’t factor in the spillover onto surrounding two-lane primary and secondary streets to
go to work, recreate or run errands.18
Additionally, the TIR notes that the use of the coffee shop will be primarily restricted to that of Six Range
residents and/or pedestrian traffic. This idea is short-sighted as any business like a coffee shop is not
inclined to market to or build a business model around only its immediate residents; it is sure to generate
vehicle traffic and therefore, this aspect needs to be reassessed to include non-resident, non-walking
patrons to this facility.
12 Traffic Impact Study Six Range Condominiums Bozeman, MT 8.10.2021, Project No: 21-06-31
13 https://mdt.mt.gov/publications/datastats/traffic-factors.aspx (accessed 7-5-2022)
14 https://datausa.io/profile/geo/bozeman-mt/#:~:text=About,%2455%2C569%2C%20a%207.08%25%20increase
(accessed 7-5-2022)
15 https://mdt.public.ms2soft.com/tcds/tsearch.asp?loc=Mdt&mod= (accessed 7-5-2022)
16 https://datausa.io/profile/geo/bozeman-mt/#housing (accessed 7-5-2022)
17 21235_SixRangeCondominiums_SP_StaffReport.docx;
https://bzncloud.bozeman.net/s/xdAF69NpRd3JmZr?path=%2F1.%20Application%2F1.%20Original%20Submittal%209
-08-21 (accessed 1-20-2022); See Comments: Bedrooms x 2 cars per household; total 680
18 21235_SixRangeCondominiums_SP_StaffReport.docx;
https://bzncloud.bozeman.net/s/xdAF69NpRd3JmZr?path=%2F1.%20Application%2F1.%20Original%20Submittal%209
-08-21 (accessed 1-20-2022)
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SUMMARY
As stated at the beginning of our letter, the proximity, size and scale of this project in no way meets the
Purpose of Project Design as stated in the City of Bozeman Code of Ordinances, Article 5, Div. 38.500,
Secs. 38.500.10 C, D and G:
“C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with, and
enhance the character of Bozeman's neighborhoods;
G. Maintains and enhances property values within Bozeman.”
While we understand the current, ongoing desire of the City Planning Department to address infill and limit
sprawl, and we are not naïve in our thinking that nothing should be built on this tract of land, whatever is
constructed here must be done with a proper vision, strategic and tactical plan and aligned with said stated
Purpose of Project Design as stated in the City of Bozeman Code of Ordinances, Article 5, Div. 38.500, Secs.
38.500.10 C, D and G. Fitting a square peg into every round hole around town just because it can be done,
doesn’t meant it SHOULD be done…on every empty parcel, in every single Bozeman neighborhood.
Downtown Bozeman by design supports high-rise, pedestrian-friendly living. Parts of west Bozeman, off
Huffine, where the Developer has built Ferguson Farms can serve as an alternative urban destination; the
same is true for the northwest corridor that encompasses the Cannery District. BUT placing such a property
in the middle of an established, enclave of complimentary homes…single family, duplex, one to three level
condos and apartments?? This doesn’t fit, it doesn’t make sense and it is directly counter to the City’s
Purpose of Project Design.
Please consider our concerns seriously and please consider asking the Developer to rework the design to be
cohesive, complimentary, compatible, and in character with the established homes and neighborhoods in
this area. Thank you for your time and consideration.
Respectfully,
Micheal T. Nichols, RPh and Laura C. Nichols, RPh
4283 Palisade Drive
Bozeman, MT 59718