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HomeMy WebLinkAbout03-04-25 Public Comment - M. Bateson - Application 24606 - Please DENYFrom:Mary Bateson To:Bozeman Public Comment Subject:[EXTERNAL]Application 24606 - Please DENY Date:Sunday, March 2, 2025 2:45:36 PM Attachments:BTC_Comments_App_24606_3-2-25.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. To whom it should concern:I request that the City of Bozeman's Community Development Director , Erin George, DENY Application 24606. The public boulevard trees along W. Lamme between Tracy and Willson are all that remain near the “old hospital” and Mountain View Care Center site. These heritage trees are now being threatened by Home Base Partners’ Application 24606. This is OUTRAGEOUS. Please deny this application. I fully agree with the comments provided by the Bozeman Tree Coalition's Public Comment on this application 24606 (please read it completely, also attached for your convenience). There are so many important reasons to keep these trees. They should be protected and cherished. There are so few reasons that we need more buildings in our neighborhood that have 12 foot sidewalks with no buildingsetbacks. Please do not allow more of our old growth trees to be lost! Too many have been taken already! Mary Bateson427 North Tracy Ave. Bozeman, MT 59715 406-586-8832 Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 1 of 9 To: Bozeman Community Development Department From: Bozeman Tree Coalition, co-founders Daniel Carty, Angie Kociolek, and Marcia Kaveney Subj: Request to deny Application No. 24606, the North Central Master Site Plan Modification (MOD, CY2025), which seeks to modify Application No. 21029, the North Central Master Site Plan (MSP, CY2021) Introduction Application No. 24606 (MOD; CY2025) seeks, among other things, to change the block frontage, open space, and Tree Preservation Plan originally approved in Application 21029 (MSP; CY2021). In MOD, HomeBase Partners (applicant) desires to change the block frontage on the north side of W. Lamme St between N. Willson Ave (to the west) and N. Tracy Ave (to the east) from Mixed-Landscaped, which requires a 10-foot building setback and boulevard landscaping, to Mixed-Storefront, which requires no building setback and a 12-foot sidewalk with tree pits. After reviewing Application 24606 (MOD), the Bozeman Tree Coalition’s (BTC) opinion is that MOD does not meet Bozeman Municipal Code (BMC) Section 38.230.100 Plan Review Criteria. Hence, the BTC requests the City of Bozeman’s (City) Community Development Director (CDD) to deny Application 24606 (MOD). The burden of proof: Criterion 1. Conformance to and consistency with the City’s adopted growth policy (aka Bozeman Community Plan 2020) Application 24606 (MOD) does not conform to and is not consistent with the following goals of the City’s adopted growth policy (aka Bozeman Community Plan 2020): A. Goal EPO-2: Work to ensure that development is responsive to natural features. Trees, by definition, are natural features. In the City, publicly owned trees—including those planted in boulevards (aka street trees)—contribute to the ecological function of Bozeman’s urban forest and contribute to the ecosystem services this forest provides to the Bozeman community as a whole. Moreover, publicly owned trees are the only City-owned infrastructure that increases in economic value over time. The MOD’s Tree Preservation Plan shows that the applicant will be allowed to remove (i.e., destroy) all five of the publicly owned street trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave. The City’s Tree Inventory Map shows that there are five street trees in this boulevard (see Figure 1 on page 9 of this document), and the BTC’s Daniel Carty visited the MOD site and hand-counted these five street trees. Hence, the Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 2 of 9 applicant’s Public Tree Reimbursement Form is deficient because this form references only four street trees. All five of the publicly owned street trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave. are mature, healthy-appearing green ash (Fraxinus pennsylvanica)—and from west to east their respective DBHs are 27 in, 24 in, 16 in, 39 in, and 15 in (see City’s Tree Inventory Map). Allowing the applicant to remove these five street trees does not comply with the intent of development being “responsive to natural features.” Instead, the applicant should be required to fully protect these five street trees during construction or, if the applicant cannot do this, the original approved application should be denied. The BTC knows from email correspondence with City Manager Chuck Winn (Dec 12, 2024) that the City has “not issued citations under 16.05.330 – Section 4b.” The BTC’s position is that it should be completely possible for an applicant to perform construction without harming publicly owned street trees. For example, City Manager Winn wrote, “A current example is the Stockman Bank project at 8th & Mendenhall. The existing boulevard trees are being preserved outside of the construction zone with no concerns about them being harmed.” Thus, the MOD applicant should be required to perform construction without harming the five existing street trees on the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave. Additionally, in a recent email that Angie Kociolek received in her capacity as the North East Neighborhood Association (NENA) Inter-Neighborhood Council (INC) Representative, City Senior Planner Danielle Garber wrote, with respect to MOD, that “With subsequent development the applicant is required to provide replacement boulevard trees, and add boulevard trees where not currently present. The current preliminary design shows at least 12 replacement trees (3x the amount currently present) of young, healthy, and genetically diverse trees species that will be more resilient to diseases and pests, and that will be able to be enjoyed by current Bozeman residents and future generations.” The BTC contends that this statement is purely speculative because the survival rate of newly planted “replacement trees” is unpredictable and often less than 50%. Moreover, as BTC has documented, there are actually five street trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave; thus, replacement trees should total 5 x 3 = 15. Although the MOD applicant may be required to plant up to 15 replacement trees, such trees are unlikely to thrive or even survive when planted in what is becoming an area with less solar access because of tall (5- and 6-story) buildings. For example, the BTC’s Daniel Carty, who often walks along the north side of W. Lamme St, has observed that only one of the street trees planted in the northside boulevard of W. Lamme St. in front of the applicant’s One 11 Lofts has survived, and this tree appears unhealthy. The BTC acknowledges the City might like to replace the five mature green ash street trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave with a variety of tree species; however, these five mature green ash trees, with established root systems and taller, broader leaf crowns, are likely to fare better than newly planted saplings. Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 3 of 9 B. Goal EPO-3.9 Integrate climate change considerations into development standards. If MOD is approved, the five mature green ash trees that will be removed from the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave will most likely be dumped in a landfill, thus releasing the carbon they have been storing for decades. It is commonly known that large trees sequester more carbon than small trees. For decades, replacement trees will not make up for this loss of carbon storage and not make up for the annual loss of carbon sequestration. Removing trees and disposing of them in a landfill is in direct conflict with the City’s goals to reduce the release of carbon into the atmosphere. Even if the five mature green ash trees were turned into free mulch, their carbon would be released; thus, removing them is not in keeping with the City’s climate goals. Additionally, standing trees help reduce the heat- island effect. The applicant’s Public Tree Reimbursement Form is deficient because it is inaccurate with regard to the number of street trees to be removed by the applicant, does not specify the species and DBHs of the street trees to be removed by the applicant, and otherwise does not provide sufficient detail for substantive public review and comment. The Public Tree Reimbursement Form reads, in part, “Due to the removal of the existing infrastructure and replacement with new all four of the existing trees in the W. Lamme public boulevard will be compromised.” As previously noted in this public comment, the MOD’s Tree Preservation Plan shows that the applicant will be allowed to remove all five of the publicly owned street trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave. Also, the applicant’s Public Tree Reimbursement Form is deficient because it (a) does not calculate the carbon stored in each of the five street trees to be removed, (b) does not calculate the annual carbon sequestration for each of these five street trees to be removed, (c) does not calculate tree canopy area lost, and (d) does not calculate how many years it would take for up to 15 replacement street trees to achieve, at survival rates of 25%, 50%, 75%, and 100%, what the existing street trees are achieving with respect to carbon storage, carbon sequestration, and canopy cover. The applicant should be required to calculate these metrics because these metrics are crucial to City staff being able to properly evaluate climate change considerations in this development review. Finally, the City is actively engaged in Branch Out Bozeman—a project seeking to expand the City’s urban forest tree canopy. By allowing the unnecessary removal of healthy, publicly owned trees simply because of a developer’s desire, the City would be adding to its future cost to achieve an expanded tree canopy cover through planting. Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 4 of 9 Criterion 6. Conformance with the community design provisions of article 4, including: Community design and element provisions (division 38.410), Sec. 38.410.010. - General standards. Natural environment. The design and development of all land uses must be properly related to topography, and must, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other existing vegetation. Sec 38.410.010 speaks for itself: “The design and development of all land uses… must, to the extent possible, preserve the… trees.” The MOD seeks to destroy trees not to preserve (i.e., protect) them. The Community Development Director has the discretion not to approve MOD and instead require the applicant to abide by the originally approved application. …notably: Lot and block standards; Both applications’ (21029 and 24606) Block Frontage Standards documents read, “This landscape street frontage condition will also exist along the south side of the Mountain View property on Lamme Street, where the mature existing trees will remain.” Corner lots. Corner lots must have sufficient width to permit appropriate building setbacks from both streets and provide acceptable visibility for traffic safety. As BTC understands it, the MOD request is to change its corner lot block frontage to store front which has no required setback. This appears to be in conflict with the corner lot requirement above. Criterion 7. Conformance with the project design provisions of article 5, including: 7.a. - Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative the architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration. Application 24606 (MOD) does not improve the compatibility and sensitivity to the immediate environment of the site and adjacent neighborhoods. The five mature green ash trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave are integral to the existing neighborhood. These trees, having been there for decades, anchor the site, are part of the existing neighborhood’s identity and landscaping, and add to the neighborhoods historical character and sense of place. Also, these trees are all that remain of history and can be considered heritage trees paying homage to the storied past of the “old hospital” site. Instead of being removed, these five mature green ash trees should be protected from damage during construction and incorporated into the design to comply with this criterion (see conditions below). An additional benefit of these trees is a visual screening from the point of view of Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 5 of 9 neighbors south of Lamme looking north. To allow removing them now would be completely insensitive and call the entire approved MSP and related documents like tree preservation plans into question. 7.c. - Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration. Application 24606 (MOD) does not comply with 7.c because the MOD building design, if approved, will result in removal of the five existing street trees and thus not be in harmony with the existing natural topography. 7.d - Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation. Application 24606 (MOD) does not comply with 7.d because MOD seeks to remove the five mature green ash street trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave, when, originally, these five trees were slated to be protected. Any replacement trees planted in this boulevard are unlikely to thrive or even survive, given that all but one of the replacement trees on the northside boulevard of W. Lamme St fronting the One 11 Lofts building (one block to the west) have not. 7e. Open Space, including The code refers to Article 5, but upon reading it BTC cannot find any references to open space. A boulevard, while small in comparison to a park, still acts as public open space. Approving MOD would deny Bozeman residents access to the shade and aesthetics currently offered along W. Lamme St between N. Willson Ave and N. Tracy Ave. Application 24606 (MOD) lies within the Neighborhood Conservation Overlay District (NCOD, BMC 38.340 – Overlay District Standards). Removing the five mature green ash trees on the northside boulevard of W. Lamme St between N Willson Ave and N. Tracy Ave does 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. In the Bozeman Guidelines for Historic Preservation and Neighborhood Conservation Overlay District (Jan 17, 2006, amended Jul 13, 2015), Per City Senior Planner Danielle Garber’s email, “The master site plan review and staff report, which may be viewed in the above link for application 21029, included a certificate of Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 6 of 9 appropriateness for proposed development within the NCOD. The review criteria for subsequent development are primarily located under Subchapter 4B in the Guidelines for Historic Preservation & The Neighborhood Conservation Overlay District. Criteria in this chapter that are affected by the proposed MOD are primarily site design, street design, and landscaping design.” First, Chapter 2. Design Guidelines for All Properties, reads: Page 42: “Respect historic settlement patterns. Site a new building such that it is arranged on its site in a way similar to historic buildings in the area. This includes consideration of building setbacks and open space.” Arguably, the entire approved North Central Master Site Plan project does not respect historic settlement patterns. Changing the approved block frontage to remove setbacks and open space would unleash yet another damaging effect on the existing neighborhood, which is within the NCOD. Be that as it may, the new building should be arranged on its site in a way similar to the historic low-income housing building on the northeast corner of W. Lamme St and N. Willson Ave. Page 47: “Continue the pattern of street trees in a block. Because street trees serve various aesthetic and practical functions, they should be maintained. Existing street trees should be preserved, when feasible.” The BTC contends that it is feasible to preserve (i.e., protect) the five mature green ash trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave. The applicant’s desire to remove these five trees is not a compelling reason to destroy these green- infrastructure assets of the Bozeman community at large. Page 48: Landscape Design 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. 1. Preserve and maintain mature trees and significant vegetation within all corridors. a. Include existing vegetation as part of a landscape design scheme where appropriate. b. In development areas, healthy trees and vegetation clusters should be identified for preservation. i. Special consideration should be given to mature trees, 6 inches or greater in diameter, and to vegetation clusters with significant visual impact. ii. Vegetation designated for preservation should be incorporated into new development site designs to the maximum extent possible.” Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 7 of 9 The five mature green ash trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave contribute to the historic “old hospital” landscape and should be preserved. All of these trees are much greater than 6 inches in diameter (see City’s Tree Inventory Map), and thus they should be given special consideration for preservation and maintenance. Additionally, the three center-most-located of these five trees collectively create a visual impact. These trees were designated for preservation in the approved Master Site Plan, and it is the right thing to require the applicant to incorporate them. Chapter 4B Page 1: “Housing—for all income levels—should be encouraged by a variety of methods to support the continued economic vitality of the Downtown Bozeman business district, which is broadly recognized as one of Bozeman’s strongest assets.” The BTC’s understanding is that MOD is intended to become a hotel, not housing. However, the “housing for all income levels” would be refreshing. Page 9: “Streetscape Policy: Maintain the character of the streetscape. This includes a rich collection of varying street designs, sidewalk types and street trees.” The MOD application seeks to do away with the boulevard, which is not in keeping with maintaining the character of the streetscape. Page 10: “Use of planting strips is encouraged. Planting strips should act as a transition between public and semipublic spaces. Where planting strips between the curb and sidewalk exist, they should be maintained.” The BTC agrees, i.e., where planting strips (e.g., boulevards) between the curb and sidewalk exist, they should be maintained. The MOD seeks to change to storefront and insert tree pits in lieu of the existing boulevard, a proposal that should not be approved. “Continue the pattern of street trees in a block. Because street trees serve various aesthetic and practical functions, they should be maintained. Existing street trees should be preserved, when feasible.” As noted previously in this document, the BTC contends it is thoroughly feasible to preserve (i.e., protect) the five mature green ash trees in the northside boulevard of W. Lamme St between N. Willson Ave and N. Tracy Ave. Page 10: “Landscape Design” seems to be a repeated section in the document. See BTC’s comments earlier in this document. Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 8 of 9 Additionally, Application 21029 Staff Report, Pg 31, reads, “Preservation principles and goals are not applicable to the proposed project except at the original Bozeman Deaconess Hospital at 15 W. Lamme.” “The large mature trees fronting the Deaconess Hospital along West Lamme St. are proposed to be preserved with this plan.” BMC Sec. 38.230.100. C.- Plan approval may be denied upon a determination the application does not meet the criteria of this section. Persons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval must be in writing. Application 24606 (MOD) does not comply with the review criteria listed above. The BTC has carried and met the burden of proof for the site plan criteria of concern listed above. As such, the BTC requests the City to deny Application 24606 (MOD). Miscellaneous Deficiencies in Application 24606 (MOD) The Application Summary and MOD Narrative are deficient in plain language and deficient in the level of detail necessary for the public to understand what MOD seeks to do. The Application Summary states the project (MOD) is a modification “…to approved Master Site Plan to slightly adjust phasing, block frontage on one lot, update programming, and tree preservation plan. See MOD Narrative for additional information.” However, the MOD Narrative does not provide sufficient information to allow the public to read, understand, and respond to the application in a substantive way. Conclusion After reviewing Application 24606 (MOD), the BTC has provided ample evidence to show that MOD does not adequately meet the expectations of BMC Section 38.230.100. – Site Plan Review Criteria, does not comply with BMC Sec. 38.410.010. - General standards. B. Natural environment, and does not comply with some provisions of BMC 38.340 – NCOD. Consequently, the BTC requests the City’s Community Development Director to deny this application. Finally, the BTC asks that, the Community Development Department hold all developers— including the MOD applicant—to a higher standard so that all development applications will include complete and accurate information for the City and the public to review. Thank you for the opportunity to comment. Bozeman Tree Coalition Public Comment on Application No. 24606 March 3, 2025 Page 9 of 9 Sincerely, Bozeman Tree Coalition co-founders, Daniel Carty (213 N. 3rd Ave, Bozeman, MT 59715) Angie Kociolek (620 N. Tracy Ave, Bozeman, MT 59715) Marcia Kaveney (Bozeman, MT) cc: Mayor Terry Cunningham, Deputy Mayor Joey Morrison, Commissioners Jennifer Madgic, Douglas Fischer, and Emma Bode cc: Erin George, Community Development Director; Danielle Garber, Senior Planner cc: Mitch Overton, Forestry, Parks, Recreation, and Cemetery Director; Alex Nordquest, City Forester cc: Natalie Meyer, Sustainability Program Manager cc: Sarah Rosenberg, Associate Planner and Historic Preservation Officer Figure 1: City of Bozeman Tree inventory Map showing five mature green ash “street trees” in the northside boulevard of W. Lamme St between N. Willson Ave to the west and N. Tracy Ave to the East.