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HomeMy WebLinkAboutV - Narrative Response to City Comments 05-05-2020May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 1 Section V: Narrative Response to City Comments The applicant received City of Bozeman Concept Review comments on two occasions: on February 14, 2019 (Application No. 19-025) and on June 14, 2019 (Application No. 19-200). The following sections provide detailed responses to both sets of comments. Response to City Comments (Application No. 19 -025) The Conceptual Review application (19-025) yielded comments from the DRC on February 14, 2019. A narrative response to these comments is included herein. Planning Division: 1. Applicants shall address and submit a narrative response to all Conceptual Review comments along with the future Site Plan application. RESPONSE: Narrative response to the Conceptual Review comments are included herein. 2. A Conceptual PUD is expected to be the next step for this project to gain site plan entitlements. If phasing is proposed, please describe potential phasing with conceptual review. Subsequent Site Plans will be required as phases come forward. RESPONSE: A Conceptual PUD was submitted May 15, 2019. No phasing is proposed, and a Site Plan application has been submitted with this Preliminary PUD application. 3. Ensure adequate pedestrian connection from Townhome (Rowhouse) units to the street. RESPONSE: The site design includes ample pedestrian circulation through and across the site. Additionally, there is a trail that runs north-south along the eastern boundary of the site for pedestrians and residents that prefer to travel away from vehicular dominated areas. See Sheets SP002, SP119, and SP122, and Exhibit B.9 for additional details on site circulation. 4. Sidewalks will be required along [Sacco] to connect to the greater pedestrian system. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 2 RESPONSE: The site includes sidewalks along the R.O.W. of Tschache Lane and Sacco Drive, as well as between buildings connecting all structures and trails. Crosswalks are designated at multiple spots to ensure safe pedestrian passage when crossing vehicular areas and drives. 5. The “townhome” building form proposed is considered a “rowhouse” when units are not on individual lots. Please correct or clarify as needed throughout the application. RESPONSE: All plans have been updated to clarify the proposed building form is to be considered a “rowhouse”. 6. All requirements for townhouse/rowhouse buildings in 38.360.240 apply to the rowhouse buildings proposed. RESPONSE: The rowhouses have been designed accordingly, the relevant plans and drawings reflect these requirements, and no relaxations or deviations are requested from the aforementioned UDC standards. 7. Open space will be accounted for differently for rowhouse, apartment and commercial buildings on the property. RESPONSE: The applicant understands this requirement. Please see Section III of the PUD-P application for details on the open space calculations for the site. 8. East-west drive aisle must meet internal roadway standards. RESPONSE: The east-west drive aisle has been updated to meet the internal roadway standards, please see Sheet SP002 for site specifics. 9. Two-way, 24-foot drive aisle is required for perpendicular parking throughout the site. This area does not meet the standard: RESPONSE: All drive aisles have been updated to meet the drive aisle requirements and include a 24’ drive aisle where required for two-way, perpendicular parking. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 3 Engineering Division: 1. The applicant must submit an estimate for the peak-hour sanitary sewer demand for the proposed project. The City is aware of a possible downstream constriction that may limit the demand without infrastructure upgrades accruing. RESPONSE: The required details can be found in Appendix M. 2. The applicant must demonstrate the right to legally access Sacco Drive. In addition the access onto Sacco Drive must meet the City’s access separation requirement with the property to the west (Lowes). RESPONSE: All owners within the Lowe’s-Sacco PUD with ownership of any portion of the “Private Road” (Sacco Drive) grants an easement to the other Owners for pedestrian and vehicular traffic via the ECCRs (Appendix I.4). The separation on local streets is 40’ as long as the access point is 150’ away from an arterial. The access point on Sacco Drive meets this criteria. 3. North 15th Avenue between Tschache Lane and Oak Street has been identified as a necessary connection for developments in this area. Applicants may coordinate with Engineering as projects in the area come forward. RESPONSE: Noted. 4. A traffic impact study is required for the proposed project. RESPONSE: A traffic study has been included in this submittal, see Appendix C. 5. The property is on the edge of the two water distribution pressure zones, the applicant should reference the City’s water facility master plans details on these pressure zone. The applicant should ensure they utilize pressure and flow data from the zone the project will connect to. RESPONSE: The project has been designed for the appropriate pressure zone as described in the Water & Sewer Report (Appendix M). 6. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of cash-in-lieu (CIL) of water rights for the proposed project. CIL of water rights must be paid prior to site plan approval. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 4 RESPONSE: CIL are described in Section III. 7. The proposed project is with the North 19th and Baxter Intersection Payback District, the owner may pay there proportional share of the payback prior to development. The applicant may contact the engineering department (Katherine Maines) for information on the proportional share. RESPONSE: No longer applicable. Following outreach by the applicant ’s representative, Katherine Maines has determined that this property lies in a portion of the North Baxter and 19th Intersection Payback District that has already been paid. Therefore nothing further is owed. 8. A stormwater drainage/treatment grading plan and maintenance plan for a system designed to treat the first 0.5 inch of stormwater for the remove solids, silt, oils, grease, and other pollutants must be provided to and approved with the site plan application. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. The approved stormwater maintenance plan must be incorporated into the Owners Association Documents and submit a copy prior to site plan approval. RESPONSE: The applicant has secured sign off from all owners for the PUD-P application (Appendix I.9). The site plan has incorporated and accounted for the new first 0.5” rule in the storm water design (Appendix L and Sheets C4.3 - C5.4). 9. As noted in the engineering narrative the season high groundwater elevation and ensure that the proposed stormwater system will meet or exceed all drainage standards during the season high. RESPONSE: See Appendix L. 10. Changes to the common open space lot to the north will require approval from the property owners association. RESPONSE: No changes to the common open space lot to the north are proposed with this application. 11. Due to the high groundwater and increased rate of corrosion with in the clay May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 5 soils all water mains must be zinc coated. This condition may be met if the applicant can demonstrate to the engineering department that the additional cathodic protection is not required. RESPONSE: Zinc coated water main pipes will be used as required by the City of Bozeman. See Appendix M. 12. City standard easements must be provided for the proposed onsite water and sewer mains and along the project frontage for public utilities. The applicant may contact the City’s engineering department (Griffin Nielsen) to receive a copy of the standard documents. RESPONSE: Easements have been provided as required as shown on the Amended Plat (Appendix K). 13. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to North 19th Avenue including paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to North 15th Avenue including paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to North 11th Avenue including paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to Tschache Lane including paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements to the Tschache Lane and North 15th Avenue. h. Intersection improvements to the Tschache Lane and North 19th Avenue. i. Intersection improvements to the Baxter Lane and North 15th Avenue. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to site plan approval. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 6 RESPONSE: The applicant has drafted an SID waiver for City Staff to review, it is included as Appendix G. 14. The applicant must submit 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, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must 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 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. RESPONSE: Included as Sheets C4.3 - C5.4. General Comments: 1. The City of Bozeman has adopted impact fees as part of its development regulations. The impact fee program is contained in Chapter 3.24, Bozeman Municipal Code. Future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. An estimate can be supplied through our office. Contact Chris Saunders, Planning and Policy Manger, at 406 -582-2267 for further information. This requirement is paid at building permit issuance. RESPONSE: This expectation will be met through the building permit submittal. 2. The City of Bozeman requires a payment for cash in lieu of water rights for further development of property where cash in lieu has not been paid. As the property has previously been subdivided there may or may not be outstanding requirements for this location. The City will recognize any previously provided water rights or cash-in-lieu for this property as applying towards future development of this site. Contact Brian Heaston, Engineer at 406-582-2280 for further information. This requirement is paid at plan review with a formal application. An estimate of required fees and payment is required with plan May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 7 application submittal. RESPONSE: Brian Heaston has been contacted and the preliminary CIL of water rights has been determined. See Section III for additional details on the CIL of water rights fee amount.. The required fee will be submitted concurrently with the application fees. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 8 Section V.2 Response to City Comments (Application No. 19 -200) The applicant received Concept PUD comments (19-200) comments from the City of Bozeman Planning Department on June 26, 2019. Planning Division: 1. The comments previously provided with the concept review (19 -025) need to be addressed with the formal submittal for the PUD modification or infrastructure plans and specs as appropriate. RESPONSE: All comments previously provided with concept review (19-025) have been addressed in this submittal. 2. With the formal amendment to the PUD and the proposed affordable housing points to be attained, staff strongly recommends that all PUD open space be released from the PUD and the required points met with affordable housing. This does not release the commonly owned stormwater lot, existing easements, or watercourse/wetland setbacks. RESPONSE: All PUD Open Space is to be released from lot 3A as shown on Final Plat 407A. See Section VIII for additional details on the PUD Open Space updates. 3. The PUD performance points as described in 38.430.090.E.2.(7)(a)(ii) requires a contract with an affordable housing agency. The obligation to USHUD due to use of LIHTC would satisfy this requirement. There is no objection on the part of the City to the applicant also entering into a contract with HRDC. RESPONSE: The applicant has entered into an MOU with HRDC to meet the requirements for PUD affordable housing Performance Points. See Appendix E for additional details. 4. Private utilities - verify how providers will access the individual buildings. Additional easements may be required. Clearly note the location of utility rooms and the required screening for any utility equipment on the exterior of the building, 38.520.070. RESPONSE: The overall utility plan (Sheet C5.0) and the associated Civil Plan show how access is to be provided to the individual buildings. The utility rooms have been clearly noted on the Architectural and Civil Drawings. Required May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 9 screening is described in the Landscaping Drawings. 5. Mail delivery - show where delivery will be provided, also to include consolidated package drop? Show locations on floor plans if interior to individual buildings. RESPONSE: The mail delivery areas proposed are shown on SP002 and the relevant Architectural Plans. The mail delivery areas have been designed to allow for package drop-off, with very large packages to be left with leasing agents in the Community Building or with the fronts desks at the commercial buildings. 6. Park special district waiver will be required with final PUD submittal. RESPONSE: Applicant acknowledges and this waiver will be included with the future PUD-F application. 7. As a planned unit development, 23 landscaping points are required. Staff suggests consideration of drought tolerant, native, or non-vegetative options. RESPONSE: Ordinance 2029 repealed the requirements for landscaping points for PUDs. Therefore this comment is no longer applicable. 8. Please describe how the irrigation for the site will be provided. The site is located in a controlled groundwater area and the state has restricted well utilization in this area. RESPONSE: Irrigation water use calculations and methods have been included with this submittal. See Sheets L600 and L601. 9. Please revise the parking calculation. A reduction is requested through the PUD but than fewer than the calculated number of spaces is shown on page 17 of the application materials. If needed, increase the requested reduction so the number provided and calculated are equal. A request for the reduction will be support if the applicant includes actual utilization information from other properties they manage or with similar character that are located in Bozeman. RESPONSE: Parking calculations have been updated. See Section III and Section VI for additional details on parking calculation corrections. 10. The stormwater control pond appears to have migrated outside of the May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 10 designated lot. Please verify location of lot boundaries and pond edge. As needed, the lot boundary may require adjustment so the lot includes the entire pond. RESPONSE: No longer applicable. All project documents have been updated to reflect the current location of the stormwater control pond, which remains within the Boundaries of the Saccoccia Open Space lot as platted on Final Plat 407 and 407A (Appendices I.5 and I.6). 11. An initial site plan may be included with the formal PUD amendment or may be processed after the final PUD has been approved. Please review 38.430.060 and 38.430.070 and the process or single and phased PUDs. The formal submittal must include a clear declaration of the intended use and boundaries of phasing or not for construction and occupancy. RESPONSE: This application is for a single-phase PUD and the associated Site Plan has been included concurrent with the PUD-P application submittal. 12. Planning Staff encourage construction of in-park improvements to meet any land dedication shortfall for park requirements. Due to the considerable distance to existing park facilities and substantial road crossings required it is important to have suitable facilities nearby. RESPONSE: Improvements-in-lieu of land dedication are proposed to construct a Class II PROST designated trail along the eastern boundary of the site, as described in Section III. 13. Please correct the calculation of residential density for park dedication. The area used for the non-residential buildings, including their associated parking and setbacks, should be removed from the calculation. The area to be included in any park dedication/easement should be removed from the calculation. This will have the effect of reducing the required park dedication. See the definition of net density in 38.700.130. RESPONSE: The calculations have been updated and are included in Section III – PUD-P Plan Checklist. 14. Planning Staff does not support reduction of the park land requirement. Reduction of such requirements is likely in direct conflict with the PUD review criteria which will make approval of the project difficult. Please note the ramifications of the linear park dedication restrictions in 38.420.070. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 11 RESPONSE: The project is no longer proposing a reduction in park land requirement. Trail improvements are proposed to construct the Class II trail section identified in the 2007 PROST Plan in lieu of parkland as described in Section III. 15. Planning Staff does not support reduction of the private open space requirement. The open area to the north is a stormwater facility, and while it is free of buildings does not constitute a recreational space. Further, the space is in common ownership and utilization of it for uses other than stormwater control may negatively impact other owners. RESPONSE: The UDC requirements for residential and commercial open space have been met for this project, therefore no reduction is requested. See Section III for the land use ratios for this site, while SP002 shows the dimensions and locations of the onsite open space proposed. 16. Recent revisions to the open space requirements allow internal spaces to potentially satisfy open space requirements, 38.520.030.B.4. This appears a good option to satisfy at least a portion of the required open space for the Senior housing building. There are multiple options, including ground level outdoor open space, that provides considerable flexibility in meeting this standard. RESPONSE: Internal spaces have utilized to satisfy the relevant open space requirements. This information has been included on the appropriate Architectural Plan Drawings. 17. Ordinance 2019, Section 4, which will take effect on July 3, 2019 revised the prioritization of block frontages. Please review carefully as multiple block frontages will apply to this project. See the June 3rd City Commission agenda for the ordinance text. RESPONSE: Noted. The site has been designed to meet the updated Block Frontage requirements as shown in the site plan or has asked for relaxations from these standards where necessary. See Sheet 001 and Section VI for additional details. 18. The Design Review Board will review the concept PUD on June 26th. Any comments from the DRB will be forwarded. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 12 RESPONSE: Per Chris Saunders, no additional comments were provided in follow up to the DRB June 26, 2019 meeting. Engineering Division: 1. The comments provided by the engineering department for the conceptual application (no. 19025) will need to be addressed with any future development application. The applicant’s response provided with this application does not alleviate this requirement. RESPONSE: This comment has been addressed within this submittal. 2. Relaxations from 350.030.D. for the installation of the infrastructure improvements will be required if offsite infrastructure is required (i.e. the North 15th Avenue between Tschache Lane and Oak Street, downstream sewer, etc.). Any offsite right-of-way or easement needed for construction of required infrastructure must be obtained prior to the approval of concurrent construction. RESPONSE: No offsite improvements have been identified for this project at this time. 3. The applicant is advised that the City has been collecting new flow monitoring data for the wastewater collection system within the project vicinity. As such the system is being reevaluated to determine if adequate capacity exists. RESPONSE: Noted. 4. In order to utilize capacity within the existing stormwater, the applicant must survey the pond to verify that the pond meets or exceeds the original design volume with the presents of the seasonal high groundwater. If the capacity is less than originally designed the project must limit discharge accordingly. RESPONSE: See Appendix L for the site’s Stormwater Report, which includes the relevant details requested. 5. There appears to be a number of existing water, sewer, stormwater, trail, and utility easements covering the project area. No encroachments will be permitted within the easements with the approval from the Grantee. The applicant is advised that the City strictly limits encroachments within public easements. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 13 RESPONSE: The easements for the site have been relocated to conform to the new site design requirements. See Appendix K. 6. City has received a development application for the property to the south, the applicants will need to coordinate the location of access on to Tschache Lane to ensure the City’s access separation requirements are met. RESPONSE: The proposed access location for the property to the south is shown on Sheet SP002. No separation issues have been identified at this time. 7. With the significant increase in traffic loading on to Sacco Way, the design life of the drive aisle will likely be reduced. The City may consider adopting Sacco Drive as a local street if the drive aisle can be brought up to a local street standard and right of way is provided. RESPONSE: The applicant is not intending to construct Sacco Drive to the local street standard. 8. The increase in traffic loading may result in vehicle movements at the access of Sacco Drive on to Baxter being restricted to right in right out. The traffic impact study will need to specifically address this access location. RESPONSE: The Traffic Impact Study has bee updated and can be found in Appendix C. 9. The proposed development falls within 1000 ft of a watercourse draining more than 25 square miles as such the applicant must contact the City’s floodplain coordinator (Brian Heaston) to determine is a new flood hazard analysis must be conducted. RESPONSE: The flood hazard evaluation has been included in Appendix L. Solid Waste Division: 1. Need to identify location for refuse enclosure. RESPONSE: See Sheet SP002. 2. Need detailed plan for refuse enclosures. RESPONSE: See Sheet SP003 and SP004. May 2020 PRELIMINARY PUD: Arrowleaf Park & Perennial Park Section V: Narrative Response to City Comments - Pg. 14 Fire Department: 1. Southeast corner of the site: The parking drive aisle is over 150 feet in length, requiring an emergency vehicle turnaround. See included specification materials. RESPONSE: The drive aisle has been updated to meet the fire standards. See Sheet SP002.