HomeMy WebLinkAbout3_FORMAL RESPONSE_2016-11-30
BLACK OLIVE – BLACK OLIVE SITE PLAN APPLICATION 16432 - RESPONSE
DATE: November 30, 2016
Building changes overview:
Car share garage doors have been eliminated and incorporated into the overall garage
with 4 total car share cars. The exterior trash enclosure has been moved into the building, east
of Stair 2 and the water entry room. The bike racks that were by Stair 2 have moved to the east
of the parking garage entry. The tree north of Stair 2 has been moved at least 10’ from the fire
service lines. Interior 1st floor ceiling moved up 12” to allow a 12’ min. ceiling.
Updated Project matrix provided to indicate parking count changes.
Required code corrections:
1. Section 38.10.050. C Yards. Minimum yards required for the B-3 district. The project
does not meet yard requirements with the underlying lot configurations. The lots
must be aggregated or otherwise configured through the applicable subdivision
exemption review process in order to meet requirements.
a. Response: A lot aggregation survey has been submitted to the City. Final
recording of the underlying lot aggregation survey will be filed upon City
approval of this application. A draft of the aggregation survey is included.
2. Section 38.10.050.C Yards Minimum yards required for the B-3 district are:
1. No minimum yards prescribed for the B-3 district except a seven-foot front yard shall
be required on Mendenhall and Babcock Streets. The door swing for the trash
enclosure extends across the property line and does not meet yard requirements.
a. Response: Trash enclosure relocated to the interior of the building, east of Stair
2. Access for trash pickup will be out the north of the building. RE: C1.2, A01.01.
3. Section 38.10.050.C Yards Minimum yards required for the B-3 district are:
1. No minimum yards prescribed for the B-3 district except a seven-foot front yard
shall be required on Mendenhall and Babcock Streets. Building awnings extend
across the property line and do not meet yard requirements. Provide a clear
exhibit for Level 2 that shows all awnings extending from the building and their
relation to the property line in compliance with standards.
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a. Response: Building awnings at the west elevation removed. Awnings along
the north elevation, dimensions past property line have been shown. RE:
A01.02.
4. Sec. 38.10.060.A.5 Building height. In all districts, all commercial floor space
provided on the ground floor of a building shall have a minimum floor-to-ceiling height
of 12 feet, except where otherwise noted. Building is shown with a floor to floor
design of 12 feet that does not meet requirements. When revised, provide a cross
section through the building in compliance with this standard.
a. Response: Floor to floor height raised to 15’-0”, with 12” thick 2nd floor,
allowing a 14’-0” ceiling. RE: A04.01
5. Section 38.23.060B Easements. Private utility easements. Private utilities include, but
are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The
developer shall provide private utility easements necessary to extend private utilities to
the development, and to provide for the construction and maintenance of private
utilities within the development. No executed utility easements are provided to
accommodate the utility layout.
a. Response: Executed utility easements will be filed upon City approval of this
application. A draft utility easement is included.
6. Sec. 38.23.150.D.7.e Lighting. All outdoor lighting shall be designed and located
such that the maximum illumination measured in footcandles at the property line shall
not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial
properties and public rights-of-way. Photometric plan does not provide readings at
the property line. Revise photometric plan to clearly show property line and
footcandle limits in compliance with this standard for all property lines.
a. Response: The property line has been added to the photometric and meets the
maximum footcandle levels described in the comment. RE: E01.01.
7. Sec. 38.24.90.C.2 (b) Commercial drive access. Commercial drive access widths shall
be a maximum of 35 feet measured at the inside edge of the drive access extended, at
its intersection with the projected curbline of the intersecting street. Olive Street
access exceeds 35 ‘ maximum width.
a. Response: Drive aisle shown as 35’-0” wide on Civil site plan. RE: C1.2.
8. Sec. 38.24.090.C.2(c) Commercial drive access. Accesses must be set back at least
20 feet from an adjacent property. Multi-residential projects are classified commercial
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for purposes of this section. Plan not in compliance with this standard; Olive Street
access shown approx. 11 ½’ from property line.
a. Response: Commercial drive aisle relocated to the west, more than 20’ away
from adjacent property line. RE: 1.2, A01.01.
9. Sec. 38.24.100.C Street Vision triangle. Driveways and Alleys. Driveways and alleys.
At the intersection of each driveway or alley with a street, no fence, wall or planting in
excess of 30 inches above the street centerline grade shall be permitted within a
triangular area where corners are defined by two points on the right-of-way line, 15 feet
on each side of the centerline of the driveway or alley and a point on centerline ten feet
outside the right-of-way. Any driveway or alley wider than 30 feet curb to curb at the
right-of-way line shall use the vision triangle standard for local streets when intersecting
local, collector, or arterial streets. The door swing for the trash enclosure encroaches
into the driveway vision triangle on Olive Street. The driveway vision triangles for
the three driveways on Black Street are not met. Do not correct Black Street
access. Another code correction applies that precludes backing into the right of
way per Section 38.25.020.D.
a. Response: Trash enclosure relocated to the interior of the building, east of Stair
2. Access for trash pickup will be out the north wall of the building. Car garages
opening onto Black Ave. have been removed. Only one entrance/exit into
parking garage off of Olive St. RE: C1.2, A01.01.
10. Sec. 38.25.020.A Parking stall, aisle and driveway design. In any parking facility
containing 20 or more parking spaces, a maximum of 25 percent of the provided
parking spaces may be reduced in size for small cars, provided these spaces shall be
clearly identified with a sign permanently affixed immediately in front of each space
containing the notation, "Compacts Only." No compact sign locations or detail
provided for compact spaces.
a. Response: COMPACT PARKING ONLY, signs located at compact stalls. RE:
A00.44, A01.01.
11. Sec. 38.25.020.D Parking backing requirements. All required parking must have
adequate back-up maneuverability as specified in Table 38.25.020. The aisle width
calculation may incorporate the width of the public right-of-way. Except in the case of
one- to four-household dwellings and individual townhouse-style units with individual
garages, parking area design which requires backing into the public street is prohibited.
The proposed car share spaces are configured with a design which requires
backing into the public street and is not allowed.
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a. Response: Car garages opening onto Black Ave. have been removed. Only one
entrance/exit into parking garage off of Olive St. RE: C1.2, A01.01.
12. Sec. 38.25.040.A.1.a (1) Number of parking spaces required. Residential Uses. One
parking space for each 24 uninterrupted linear feet of available street frontage usable
for on-street parking directly adjacent to a lot may be deducted from the total parking
spaces required for a development. The number of on street spaces calculated shall not
exceed the number of dwellings on the lot. The width of drive accesses, designated
non parking areas, vision triangles, and similar circumstances shall not be considered to
be available for the purpose of on-street parking space. One on street parking space
is proposed within a vision triangle and is not allowed.
a. Response: Parking space within vision triangle has been removed. RE: C1.2.
13. Sec. 38.25.040.A.1.b (3)-Car Sharing. A car-sharing agreement meeting the criteria
established by the planning director may be used to meet the required number of
parking spaces. A car sharing agreement meeting the criteria established by the
planning director is not provided. See and respond to each criteria in
Administrative Policy No. 2016-01.
a. Response: Car sharing policy No. 2016-01 and car titles will be provided after
acceptance of this application, but prior to CO of the building. Car share
signage to indicate parking spots added. RE: A00.44 & A01.01. The car sharing
agreement is provided.
14. Sec. 38.26.060. Landscape Performance Standards. This project requires 23
performance points as it is outside the B-3 core area and has residential adjacency per
the definition in 38.42.1770. The plan shows that 15 performance points have been
met and does not comply with standards.
a. Response: This comment was made in error. Sites in the B-3 zoning district
outside of the B-3 core area are required to earn 13 landscape performance
points per UDC 38.26.060. This project has 15 points and exceeds the minimum
standard.
15. Sec. 38.27.020.E Residential site plans open space requirement. Site plans
containing five or more dwelling units shall provide on-site open space for the use of
the residents. The area to be provided is calculated only for those dwellings which do
not have ground floor access to a landscaped rear yard. Open space shall be provided
at a rate of 150 square feet per dwelling unit for dwellings with two or more bedrooms,
and 100 square feet per dwelling unit for studio and one bedroom dwellings. All
landscaped areas, public plazas or common green roof decks shall be considered a
"commons" and be accessible to all residents of the site. The requirement may be met
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through the use of any of the following options. Options may be combined to satisfy
the area requirement. Provide more detail in the balcony dimensional and area
requirements. From the application materials submitted it cannot be determined if
balconies meet area requirements. Provide width of railing and larger scale
drawings of typical balconies to confirm conformance to requirements. Only
required for balconies proposed at exactly 100 and 150 square feet.
a. Response: Enlarged plans with dimensions for balconies have been provided
along with balcony section indicating railing location. RE: A01.03, 3/A04.01.
16. Sec. 38.27.030 Cash donation in-lieu of land dedication.
C. Cash donation in-lieu of land dedication shall be equal to the fair market value of the
amount of land that would have been dedicated. For the purpose of these regulations, the fair
market value is the value of the unsubdivided, unimproved land after it has been annexed and
given an urban zoning designation. The city intends to obtain the highest value for cash-in-lieu
of park land that is allowable under state law. 1. It shall be the responsibility of the developer to provide an appraisal of the fair
market value by a certified real estate appraiser of their choosing. The appraisal fee
shall be the responsibility of the developer. 2. When a land value must be established for cash-in-lieu of land dedication to
satisfy the requirements of section 38.27.020, and the value of the land in an
unsubdivided, unimproved, but annexed and zoned condition can not reasonably be
determined, the developer may provide an appraisal of residentially zoned property
with a zoning designation that allows the density of dwellings proposed for
development. 3. The appraisal provided for the purpose of section 38.27.030 shall be conducted
not sooner than 90 days prior to the submittal of an application for final plat or final site
plan approval.
D. Where a cash donation has been accepted in-lieu of land dedication, the amount of
cash donation shall be stated on the final plat or plan as appropriate.
E. Where a cash donation has been accepted in-lieu of land dedication, the city shall
record in the meeting minutes or other written decision why the dedication of land for
parks and playgrounds was undesirable. The appraisal, payment for cash in lieu and a
notation of the amount paid on the plan has not been provided.
a. Response A park land appraisal has been provided. The cash-in-lieu payment is
determined to be $8,501.76. Cash payment will not be provided until City
approval of this application.
17. Sec. 38.41.080. Site Plan submittal requirements. Provide a copy of document
#2494829 referenced for shed roof overhang easement.
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a. Response: Document #2494829 provided
18. General Comment. Clarify proposed final location of power pole on lot to the south.
Verify utility easement location for that property and ability to construct that pole on
adjacent property.
a. Response: The alley vacation ordinance reserved a utility easement within the
vacated alley. A copy of the ordinance (Ordinance 896) is provided. The
proposed power pole is located within the vacated alley.
Engineering Comments:
Code Requirements Requiring Plan Corrections
1. Bozeman Municipal Code (BMC) 38.23.070.A.1 states: The developer shall install
complete municipal water and sanitary sewer system facilities, or a system allowed by
38.21.030.D, and may be required by the city to install municipal storm sewer system
facilities. These systems shall be installed in accordance with the requirements of the state
department of environmental quality and the city, and shall conform with any applicable
facilities plan. The city's requirements are contained in the Design Standards and
Specifications Policy and the City of Bozeman Modifications to Montana Public Works
Standard Specifications, and by this reference these standards are incorporated into and
made a part of these regulations. The developer shall submit plans and specifications for
the proposed facilities to the city and to the state department of environmental quality
and shall obtain their approvals prior to commencing construction of any municipal water,
sanitary sewer or storm sewer system facilities.
The City is analyzing downstream sanitary sewer capacity to accommodate the
proposed project. We have placed a flow monitor in a sewer manhole at one location in
the 6-inch main on Black Street. We have also placed a monitor in the 10-inch main at
the intersection of Bozeman Avenue and Main Street. The flow monitor at Bozeman
and Main failed the morning of 11-2-16, so we have sent in the flow monitor for repairs.
Upon repair (approximately 1.5- 2 weeks), we will re-install the flow meter. A significant
storm event must occur during flow monitoring to obtain the data that is needed, and
we will wait for that event to occur. Upon obtaining the necessary data, the City will
finalize analysis of sanitary sewer capacity for the proposed project. If, upon data
analysis, any sanitary sewer upgrades are necessary to accommodate the proposed
project, the upgrades must be completed prior to site plan approval.
a. Response: Acknowledged.
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2. BMC 38.24.100.C states: At the intersection of each driveway or alley with a street, no
fence, wall or planting in excess of 30 inches above the street centerline grade shall be
permitted within a triangular area where corners are defined by two points on the right-
of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on
centerline ten feet outside the right-of-way. Any driveway or alley wider than 30 feet curb
to curb at the right-of-way line shall use the vision triangle standard for local streets when
intersecting local, collector, or arterial streets.
One parking spot on Olive Street encroaches on the vision triangle from the main drive
access to the building. The parking spot must be eliminated. Subsequently, the section
of curb in the vision triangle must be painted and signed to indicate no parking in that
location. The applicant must indicate this change on the plans prior to site plan approval.
a. Response: Parking space has been removed. RE: C1.2.
3. BMC Section 38.23.030.A states: The developer shall install complete drainage facilities
in accordance with the requirements of the state department of environmental quality
and the city, and shall conform to any applicable facilities plan and the terms of any
approved site specific stormwater control plan. The city's requirements are contained in
the design standards and specifications policy and the city modifications to state public
works standard specifications, and by this reference these standards are incorporated into
and made a part of these regulations.
The proposed detention/irrigation storage chamber has adequate volume to meet the
requirements, but there is not enough detail to determine volume available for detention
when a storm event occurs. If a portion of the detention is used for irrigation, will
adequate volume be maintained for stomrwater runoff? For example, if a storm event
occurs, will a portion of the water in the chamber flow to the storm sewer system to
accommodate the next storm, particularly in the winter months when no irrigation is
occurring? The applicant must provide additional detail of the operation of the
detention/irrigation storage chamber prior to site plan approval.
Snow melt water from vehicle tires as well as wash-down water from cleaning the parking
area must be routed through a sand and grease trap before discharge to the City
drainage system. The sand and grease trap must be indicated on the plans prior to site
plan approval.
The applicant must provide a stormwater system maintenance manual for the proposed
detention/irrigation system for review and approval prior to site plan approval.
Subsequently, the property owner or future condo owner’s association will be responsible
for maintenance of the system.
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The proposed storm sewer mains from the inlet at the intersection of Olive and Black are
indicated as 12-inch mains. The minimum storm sewer main size allowed by the City is a
15-inch main. The applicant must adjust the plans to indicate the minimum storm sewer
main size prior to site plan approval.
It appears that water from the eastern building edge will flow across the sidewalk, where
it could freeze in the winter. The applicant must adjust the proposed design to include
an alternate drainage path that does not route drainage onto the sidewalk. The applicant
must adjust the plans to indicate this change prior to site plan approval.
a. Response: An additional plan sheet (C1.5) shows operation information for
the storm water detention system. The operation notes on this plan show how
the detention volume will be provided during not irrigation periods. Civil
plans have been revised to show a sand-oil separator for the building floor
drains, and construction details are provided on sheet C1.5. All public storm
water mains have been changed from 12” to 15”. Sidewalk drains have been
added to the civil plans for the sidewalk running along the eastern edge of
the building
4. BMC Section 38.24.100.D.2 states: Trees which are located in the street vision triangle
and which preexisted the adoption of the ordinance from which this chapter is derived
may be allowed to remain, provided the trees are trimmed such that no limbs or foliage
exist below a height of ten feet above centerline grades of intersecting streets.
The applicant must adjust the landscaping plan to indicate that trees within vision
triangles will be “limbed up” to a minimum of 10-feet above ground surface.
a. Response: The landscape plan has been modified to identify the trees within
the site vision triangles and direct the landscape contractor to limb the trees
to 10’ above the centerline grade of the intersection. RE: L01.01
5. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights shall be provided.
The applicant must contact the City Engineering Department (Brian Heaston) for an
analysis of CIL of water rights and pay CIL of water rights due prior to sit plan approval.
a. Response: The project requires 5.91 acre feet of new water rights. Brian
Heaston is reviewing this calculation. With his concurrence, a cash payment
of $35,460 will be provided upon City approval of this application.
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6. BMC Section 40.03.960 A&B states: The operator of a restaurant or food preparation
establishment discharging wastewater containing greater than 25 mg/l of oil and grease
or that has a recurrence with grease building or blockage of sewer lines shall immediately
install an approved grease trap. All sand and grease traps shall be properly maintained
and serviced at the owner's expense. Records of maintenance and service for the sand
and grease trap shall be made available to the city upon request by the engineer.
The applicant is advised that a grease interceptor, conforming to the latest adopted
edition of the Uniform Plumbing Code must be installed with any development
responsible for food preparation. It is not clear if the shop in the ground floor of the
building will include food preparation. The applicant must clarify the necessity of a
grease interceptor for this application and if necessary, show the grease interceptor on
the plans prior to site plan approval.
a. Response: No food service will be offered in the building which requires a
grease trap.
7. Bozeman Municipal Code (BMC) Section 38.23.060.A states: Where determined to be
necessary, public and/or private easements shall be provided for private and public
utilities, drainage, vehicular or pedestrian access, etc.
A new power pole and overhead electric line appears to be indicated off the subject
property. The applicant must demonstrate existing easements or obtain easements for
any offsite private utility placement prior to plan approval.
a. Response: The alley vacation ordinance reserved a utility easement within the
vacated alley. A copy of the ordinance (Ordinance 896) is provided. The
proposed power pole is located within the vacated alley.
Site Specific Plan Corrections
1. Trees must not be placed within 10 feet of utility mains or services (COB Design Standards
Section V.D.5.c.). This setback is not maintained for the proposed fire service. The
applicant must adjust the plans to indicate the fire service line location at least 10-feet
from the existing boulevard tree prior to site plan approval.
a. Response: The tree location has been adjusted on the landscape plan to
provide 10’ min. clearance from the fire service line. RE: L01.01
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2. The traffic impact study (TIS) submitted with the project is labeled as a “Draft.” The TIS
must be finalized and stamped by the professional engineer in charge of the analysis.
The applicant must submit the finalized TIS for final review prior to site plan approval.
a. Response: Finalized Traffic Impact study provided.
3. Note 5 of the “General Utility Notes” on Sheet C0.1 must reference the City of Bozeman
Modifications to Montana Public Works Standards and Specifications. The applicant must
adjust the note on the plans and submit the adjusted plan prior to site plan approval.
a. Response: Note adjusted. RE: C0.1.
4. Note 5 of the “Water System Notes” on Sheet C0.1 must reference the City of Bozeman
Modifications to Montana Public Works Standards and Specifications. The applicant must
adjust the note on the plans and submit the adjusted plan prior to site plan approval.
a. Response: Note adjusted. RE: C0.1.
5. Since the front entrance will be on Olive Street, the project must be re-addressed. The
current address is on Black Avenue. The applicant must contact the City Engineering
Department (Bill Stetzner) to correct the addressing.
a. Response: Address confirmed to be: 110 E Olive St., Bozeman, Montana
59715.
Advisory Comments
6. Plans and specifications for any fire service line must be prepared in accordance with
the City’s Fire Service Line Policy by a Professional Engineer and be provided to and
approved by the City Engineer prior to initiation of construction of the fire service or fire
protection system. The applicant shall also provide Professional Engineering services
for construction inspection, post-construction certification and preparation of mylar
record drawings. Fire service plans, and domestic services 4” or larger, shall be a
standalone submittal, separate from the FSP. City of Bozeman applications for service
shall be completed by the applicant.
a. Response: Acknowledged.
7. Plans and Specifications for water and sewer main extensions, streets, and storm water
improvements, prepared and signed by a professional engineer (PE) registered in the
State of Montana shall be provided to and approved by the City Engineer. Water and
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sewer plans shall also be approved by the Montana Department of Environmental
Quality. The applicant shall also provide professional engineering services for
construction inspection, post-construction certification, and preparation of mylar record
drawings. Construction shall not be initiated on the public infrastructure improvements
until the plans and specifications have been approved and a preconstruction conference
has been conducted.
Building permits will not be issued prior to City acceptance of the site
infrastructure improvements unless all provisions set forth in Section 38.39.030.C
of the Bozeman Municipal Code are met to allow for concurrent construction.
a. Response: Acknowledged.
8. BMC Section 38.24.060.B.4 states: All arterial and collector streets and intersections
with arterial and collector streets shall operate at a minimum level of service "C" unless
specifically exempted by this subsection. Level of service (LOS) values shall be
determined by using the methods defined by the most recent edition of the Highway
Capacity Manual. A development shall be approved only if the LOS requirements are
met in the design year, which shall be a minimum of 15 years following the
development application review or construction of mitigation measures if mitigation
measures are required to maintain LOS. Intersections shall have a minimum acceptable
LOS of "C" for the intersection as a whole.
The City’s most current data from the City of Bozeman Transportation Master Plan,
Existing and Projected Conditions Technical Memorandum (May 23, 2016) indicates that
the intersection of Willson Avenue and College Street, within 0.5-mile of the proposed
project, operates with a LOS “E” and “F” for AM and PM Peak Hour conditions,
respectively. However, the City has approached the adjacent neighborhood residents
regarding an upgrade of that intersection in the past. The residents rejected plans to
upgrade the intersection from its present status in order to protect the historic character
and nature of the area. On that basis, the intersection is considered to be constructed to
its maximum lane and turning movement capacity. As such, BMC Section 38.24.060.B.4.a
states that LOS less than “C” is acceptable.
a. Response: Acknowledged
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