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HomeMy WebLinkAbout24606 Approval Letter March 24, 2025 Transmitted via ProjectDox Only HomeBase Partners lvs@hbpartners.com RE: North Central Master Site Plan Modification, Application 24606 Dear Applicants, The Bozeman Department of Community Development has approved with code provisions your modification application for the project referenced above. The application requests approval for the following modifications to the North Central Master Site Plan, Application 21029: • Changes to the phasing plan. Moving the Mountain View West building located in Block A to Phase 2 from Phase 3. • Changes to the proposed block frontage design along Lamme Street. Changing the block frontage from Mixed-Landscaped which requires a 10-foot building setback and boulevard landscaping to Mixed- Storefront, with no building setback and a 12-foot sidewalk with tree pits. • Updates to the listed programming (uses, parking, and open space) for the Mountain View East and West buildings. • Updates to the tree preservation plan. Removing additional trees along Lamme Street where they are located in conflict with proposed infrastructure and street frontage design. • All changes as detailed in application #24606 Pursuant to section 38.230.150, BMC, amendments to approved plans must be shown on revised plan drawings and submitted to Community Development for review and may be approved by the Community Development Director or Designee upon determining that the amended plan is in substantial compliance with the originally approved plan. Please be aware that as the applicant you must comply with all provisions of Chapter 38 of the Bozeman Municipal Code that are applicable to this project, including but not limited to the following: Code Provisions 1. Per Section 38.100.080 & 38.200.110, the proposed project shall be completed as approved and in this application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking said modifications. The only exception to this law is repair. 2. Per Section 16.05.330, Arboricultural specifications and standards. The Developer has previously met with the City Forester on-site to evaluate the trees that are proposed to be removed during construction. The replacement value of these trees will be evaluated in the summer of 2025 for a fair assessment during the growing season. Payment by the developer of this Public Tree Reimbursement value will be due at the time of assessment. The public trees proposed to be removed may not be removed prior to a value assessment and must be protected in place during any adjacent construction activities. A public notice period was conducted for this master site plan application between February 7, 2025 and March 3, 2025. 63 public comments were received during that time period and may be viewed on the City’s online document repository. The public comments range across the following topics: 1. Parking requirements 2. Tree preservation 3. Block frontage design 4. General opposition to the proposed changes Not all comments represent criteria within the development code that is reviewed when determining if a project meets, or meets with conditions and code provisions, the requirements of Chapter 38 of the Bozeman Municipal Code (BMC). Below is a list of topics cited in the above public comment that are relevant to the review of the modification and/or are provided for clarification: 1. Parking requirements. Commenters mentioned the Master Site Plan phased parking plan (Drawing MSP 1.4) and Program Matrix (Drawing MSP 1.3) and the use of SID spaces to satisfy parking requirements. The purpose of this modification application was to update the parking demand counts for known uses within the Phase 2 portion of the development. Based on staff review, the application is still in substantial compliance with the original master site plan entitlement including the use of SID 565 spaces to satisfy parking requirements for the Mountain View buildings. 2. Public tree policies. A majority of the public comments addressed the preservation of four (4) trees located along Lamme Street. The benefits and monetary value of Bozeman’s urban forest are well documented in the 2016 Bozeman Urban Forestry Management Plan. An update to this management plan is currently scheduled for 2026. Several points were made by commenters regarding the trees proposed to be removed, as well as City of Bozeman management of public trees by the Forestry Division. To clarify: o The City of Bozeman has a policy of requiring monetary reimbursement for public trees affected by development. This process is required for removal of the Lamme trees adjacent to the subject property. A copy of the tree reimbursement form is located in the application Documents Folder and is labeled Public Tree Reimbursement Form. The City Forestry Division Manager met the applicant on site to discuss proposed improvements, required infrastructure and appraisal of the trees. Due to seasonality, the Forestry Division will conduct appraisals of existing trees based on current conditions in the summer of 2025. According to Code Provision 2 in this approval letter, payment by the developer of this Public Tree Reimbursement value will be due at the time of assessment. The public trees proposed to be removed may not be removed prior to a value assessment. Tree reimbursement funds are directed towards planting projects within City maintained parks. o The City of Bozeman requires the replacement of any removed street frontage trees per BMC 38.550.050.D. This section requires that “all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or drive aisles must be landscaped, as defined in this chapter, and must include one large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number.” This 1 tree per 50-feet requirement of more diverse tree species with subsequent development of the Mountain View East and West sites will result in a net gain of at least 10 trees, many within areas of the street boulevard that are not currently landscaped and were not landscaped in the past. This represents a net gain of beneficial tree canopy for City of Bozeman residents. According to the Urban Forestry Management Plan “Species diversity is important to any plant population for the ecology to thrive. Monocultures harm the greater environment by inviting disease and depleting soil resources and diversification of symbiotic animal life. The same principles hold true when looking at the population of trees in an urban forest. When low species diversity is present, the tree population is especially vulnerable to insects and disease. If an insect or disease were to be introduced to an area and affected the dominant species of that area, it would devastate the tree population.” o According to the Boulevard and Park Tree Inventory map the trees proposed to be removed are all Green Ash or Fraxinus pennsylvanica, a species with known susceptibility to invasive pests. According to the City’s Forestry Division Manager, the City of Bozeman has a performance measure goal to reduce the Ash tree population to less than 20% of park and boulevard trees. This goal is set incrementally, removing and replacing a few hundred trees per year, rather than drastically if Emerald Ash Borer or other known pests were to arrive within the state. The Forestry Division actively assesses trees that are in poor health, have a history of storm damage, and are presently located in conflict with infrastructure as candidates for removal. The proposal by the applicant to remove and replace these trees is in direct compliance with this performance goal. o Some commenters questioned the required maintenance responsibility for the establishment of new trees, and the health of trees located within tree grates or planters where located within a Storefront block frontage. The City streetscape contains a number of healthy trees within the downtown core and other areas of the City with successfully established trees located in tree grates and planters. For details on policies and industry best practices regarding planting trees in an urban setting please reach out to the Forestry Division. Maintenance responsibilities of public trees are outlined in BMC 38.550.070.B which states “Maintenance of landscaping installed within the boulevard portion of the public right-of-way, with the exception of tree trimming and tree removal, is the responsibility of adjacent property owners.” If dead tees, or poorly maintained trees in the boulevard are identified by the public they are urged to reach out to the City so that steps may be taken to require replacement or rehabilitation of these trees. 3. Block frontage requirements. Some commenters were against the use of Storefront block frontage along Lamme Street. Lamme Street is a designated Mixed block frontage. Per BMC 38.510.030.D “The mixed block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages provided they contribute to the visual character of the street and enhance the pedestrian environment.” By designating the street as Mixed, the City provides the option for any development to comply with either a Storefront or Landscaped block frontage design. Either designation is found to be acceptable provided that adjacent development complies with the Mixed block frontages standards located in this code section. Design of the block frontage and boulevard along Lamme will be detailed with subsequent review of the site plan applications for this block and will be subject to public notice. Please remember that no construction may occur until subsequent final site plan approval, infrastructure approval, and building permit approval. If you have any more questions, or if the Community Development Department can be of further assistance, please do not hesitate to contact us at planningtech@bozeman.net. Sincerely, Danielle Garber, Senior Planner City of Bozeman Department of Community Development For office use only DATE OF FINAL DECISION ________________________________________ DIRECTOR OR DESIGNEE SIGNATURE _______________________________