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HomeMy WebLinkAboutC and I RC response to comments 1-24-19Response to Comments From: Development Review Committee Re: Cottonwood And Ida Preliminary PUD, Application 18516 Date: November 28, 2018 PLANNING COMMENTS Planning Division, Brian Krueger, bkrueger@bozeman.net, 406-582-2259 Section 3 – REQUIRED CODE CORRECTIONS All references are to the Bozeman Municipal Code. 1. BMC 38.220.010. Update form A1 project information. Update block frontage to frontage designated on the Community Development Block Frontage Map. The map shows all frontages as mixed block frontage. Many internal pathways include residential units that face the pathways those areas are subject to the special residential block frontage standards. All block frontages must additionally be noted on the site plan. Sheet AS.111 titled ‘Overall Floor Plan - Level 1’ identifies block frontage along internal pathways in compliance with Bozeman Municipal Code section 38.510.030.J for special residential block frontage. 2. BMC 38.220.010. Update form A1 number 5. To provide the title and position of the individuals signing on behalf of the LLC’s. The new A1 submitted does not show the title and position of individuals who have signed the application form. A1 form has been updated in the revised documents in Section 1 3. BMC 38.220.010 38.220.080 At a minimum one site plan exhibit must have the majority of the required data and detailing and annotations required by the SP1 form. No one exhibit shows the required information. Sheet AS.101 titled ‘Architectural Site Plan’ contains a majority of required data, detailing, and annotations available on 24x36” sheet. All additional detailed information is available on sheets AS.110-111 titled ‘Overall Floor Plan.’ 4. BMC 38.220.010 and 38.220.080. The other specific site plan sheets that demonstrate specific elements of the plan must have the relevant data related to what is being shown. For example the parking sheet AS.105 does not include site vision triangles which are relevant to on street parking allowances. The parking sheet is not annotated with parking dimensions for spaces nor does it provide the angle of the on-street parking proposed on East Cottonwood. Another example, the open space plan does not provide dimensions for all open space areas, does not clearly allocate open space per building, does not show a proposed easement area to allow public access and clearly differentiate between onsite residential open space, usable commercial open space and PUD open space for points purposes. All detailed plans must be updated to provide the relevant information. Sheet AS.101 titled ‘Architectural Site Plan’ has been revised to contain comprehensive, aggregated information that references separate detailed ‘Overall Floor Plan’ sheets. Sheet AS.110 titled ‘Overall Floor Plan - Level 0’ contains detailed parking information including garage, on-street, & off-site parking calculations. In addition, site triangles, parking dimensions, angle of on-street parking proposed on East Cottonwood. Sheet AS.102 titled ‘Site Usage Information’ provides dimensions for all open space areas, clearly allocates open space per building, and shows a proposed easement area to allow public access and clearly differentiate between onsite residential open space, usable commercial open space and PUD open space for points purposes. 5. BMC 38.220.010 the Plans and Specifications (Form PLS) requirements are not met throughout the application materials and plans. Annotations and measured dimensions are not thorough and are not provided consistently on plans per requirements, Cover sheet data not provided as required: no parking calculations, area schedules, dwelling unit types, FAR, net residential density open space calculations, parkland calculations, etc. and other required site data are provided on cover sheet, a parkland tracking table is not provided, etc. Site plan index sheet must include date of preparation of all sheets to control versioning through the review per PLS. Sheets AS.110 thru AS.114 titled ‘Overall Floor Plans’ include annotations and measured dimensions consistently. Sheet AS.000 titled ‘Title Sheet’ includes date of preparation of all sheets. Parking calculations, area schedules, dwelling unit types, FAR, net residential density open space calculations, parkland calculations, and other required site data are provide on sheets AS.101 titled ‘Architectural Site Plan’ and AS.102 titled ‘Site Usage Information.’ 6. BMC 38.220.010 Digital files of PUD documents not separated as required in PLS form. Name each document separately per digital naming protocol in PLS document. Correct digital files have been provided with this RC form 7. BMC 38.220.010 update cover sheet of the PUD document to reflect the current owners of the property, Bangtail Partners, LLC per the title report. The cover sheet submitted shows the owners as Imperial Development, LLC, not the owner of the property per the title report. Sheet AS.000 has been updated to reflect current owners of the property, Bangtail Partners, LLC per the title report. 8. BMC 38.220.050 Weed control plan not approved by Weed Control District as required. This projects weed control plan has been submitted to the County Weed Control district. We anticipate approval of this plan, and will have this complete prior to the Final PUD. We would like this to continue as a condition of approval. 9. BMC 38.220.300 and 38.220.080 Supplementary Documents. The proposed ownership of the development is a condominium, as such per requirements draft supplementary documents must be submitted with the preliminary plan. Provide draft documents as required for 38.220.310 and 38.220.320. Section 3.08 provides a high level outline and diagram of the proposed ownership and Appendix L provides the full draft of the Condominium documents. 10. BMC 38.220.010 Utilities and utility rights of way and proposed utility easements for gas, electric, and communications not provided per code and SP1. An additional sheet (C1.1) has been included in this submittal to show the utility easements for gas, electric and communications 11. BMC 38.220.080.A.2.g requires PUD plans to provide detailed topography, transportation, street, traffic and utility information to a distance of 200 feet from the exterior perimeter of a PUD site. This information is not provided. Additional topographic survey of the surrounding roadways/ areas has been provided on shee C2.0. 12. BMC 38.220.080 Phased site plan information is incomplete. See sub. A.2.q. The proposal no longer intends to have any phasing. 13. BMC 38.220.080 provide information of any proposed separate building occupancy phasing and how the required parking and open space will be provided in concurrent amounts for all buildings proposed for phasing. See comment on 12 above 14. BMC 38.220.080 Irrigation water. Clarify proposed water demand for irrigation system. Clarify the nature of the existing well and water right to support the new demand. City Engineering has provided estimates for water consumption we have provided these for the irrigation. We have provided communication from the DNRC for the potential use of an existing well on site and are expecting that we will be able to do so. We would like to have this as a condition of approval and will complete the exempt well water paperwork prior. 15. BMC 38.220.120.A.2.a(4). The phasing plan indicates PUD concurrent construction of buildings and on and offsite infrastructure is desired. Clarify if PUD concurrent construction is proposed. If so provide the request along with a concurrent construction plan and respond to the criteria and provide all information for the requirements of PUD concurrent construction in BMC 38.270.030.D. We have provided a narrative in Section 5 outlining how we intend to complete the concurrent construction. And will comply will all of the PUD concurrent construction requirements listed in BMC.38.270.030.D as part of the plan. 16. BMC 38.320.050.C Table of Form and Intensity Standards Minimum setbacks required for the NEHMU district. The project does not meet setback 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. The final signed mylars have been provided to our office to satisfy this code requirement. The amended plat must be filed prior to final PUD approval. An additional sheet (C1.1) has been included in this submittal to show sight triangles, proposed (reconfiguration of) lot lines, and public access easements. The requirement to provide final signed mylars and approved amended plat is noted and will be filed prior to final PUD approval but not provided at this time. 17. BMC 38.320.050.C Table of Form and Intensity Standards Minimum setbacks required for the NEHMU district. The proposed lot configuration includes a zero lot line configuration between proposed Lot 2 and Lot 3. The code does not authorize the use of a zero lot line configuration in the form and intensity standards for NEHMU. A relaxation must be requested to allow this condition. A relaxation has been requested for this item see SEction 3 , Relaxation #4 18. BMC 38.400.010.A.8 Second or emergency access. Clarify the right of way proposed for secondary emergency access. Is the proposed a dedicated right of way to city, access easement, public access easement, or other? Provide dimensions and total extent of proposed secondary and emergency access areas noted as fire lane on plan sets. Sheets AS.101 titled ‘Architectural Site Plan’ and AS.111 titled ‘Overall Floor Plan - Level 1’ indicate dimensions and extent of emergency access areas, including removable bollards. This is also shown on plan sheet C1.1. 19. BMC 38.400.090.C.3.c Drive accesses for multiple tenant commercial building or complexes/centers, or industrial drive accesses must be set back a minimum of 20 feet from adjacent properties unless such drive access is approved as a shared drive access. Clarify access shown as fire lane and how it complies with standards. No shared access to properties to the west is proposed. Given the access is only for emergency vehicles we have had discussions with Engineering and they have indicated that this will be acceptable with the limited use of the access. 20. BMC 38.400.100 and 38.220.080 Street vision triangles not shown on plans. Clarify locations and compliance with standards for all street intersections and drive way intersections take into account all retaining walls, landscape berms and clarify site vision at structured parking entrance. Sheet AS.101 titled ‘Architectural Site Plan’ includes street vision triangles that comply with standards for all street and driveway intersections. These are shown on C1.1 and the Landscape plans for clarification of concerns with retaining walls, landscape berms, etc. 21. BMC 38.410.060.B and 38.220.080 Private utility easements not shown or proposed. An Additional Sheet C1.1 has been included in this submittal to show the utility easements for gas, electric, and communications. 22. BMC 38.410.060.B.3 No private utility plan provided as required with preliminary plan when concurrent construction is proposed. We have provided an initial concurrent construction plan and will add more detail as this project proceeds through planning and will most certainly be complete prior to Final PUD. We would like to carry this as a condition of approval moving forward. 23. BMC 38.410.060.B.4 Encroachments proposed in required ten foot private utility easement areas required along all streets. No written approval from all utility companies is provided as required. The current and entire list of utility companies operating in Montana can be attained from the Montana Public Service Commission. Clarify and update C1.00 and AS1.01 as they show encroachments differently. We have proposed minor architectural encroachments well at heights 15’ to 20’ above grade and only 2’ out. We are waiting on a letter(s) from the utility companies. We anticipate that these will be accepted and would like to hold this as a conditional of approval given the minor nature of the encroachments. 24. BMC 38.410.120 Mail Delivery. Clarify location of mail delivery area on site plan, proposed detail submitted too general to analyze any impacts to pedestrian circulation, utility easements and services. Provide footprint and size dimensions of cluster box and required pad, proposed access, and other details to clarify. Sheet AS.111 titled ‘Overall Floor Plan - Level 1’ identifies location of mail delivery areas and sheet AS.104 titled ‘Site Details’ includes details of proposed mailboxes. 25. BMC 38.430.020. A planned unit development may not be applied to development that does not have one or more principal uses or structures on contiguous parcels. No entitlement or relaxations may be granted for the offsite parking lot through this application process. All parcels are contiguous as part of this proposal. We intend to lease parking from as separate project that will adhere to all Site Plan criteria. 26. BMC 38.430.030.A.4.b Relaxations (deviations) Item 1 applicant must clarify specific code section and requested relaxation from code standard. The application must also request a deviation for apartment building use. See updated list of Relaxations in Section 3 27. BMC 38.430.030..A.4.b Relaxations (deviations) Item 2 separate relaxation from front setback in form and intensity table and requested modifications to block frontage standards. Clarify relaxations requested. Each code section to be modified must be identified specifically. See updated list of Relaxations in Section 3 28. BMC 38.430.030.A.4.b Relaxations (deviations) Item 3 We recommend that instead of modifying the side setback as requested that the relaxation state that zero lot line conditions are allowed as per the other zones identified in BMC 38.320.050.C Table of Form and Intensity Standards. Add allowance for zero lot line to minimum setbacks required for the NEHMU district. See updated list of Relaxations in Section 3 29. BMC 38.430.030.A.4.b Relaxations (deviations) Item 5. Clarify last statement in that section that the application requests a relaxation of 20% to all non-residential parking requirements consistent with code language. Eliminate reference to commercial parking. See updated list of Relaxations in Section 3 30. BMC 38.430.080.E.2(7)(a) PUD performance. Not eligible for affordable housing performance points as the proposed units do not meet the definition of affordable housing in 38.700.020. PUD affordable housing is defined separately from the requirements of BMC 38.380. See updated PUD performance points. We are going to provide affordable rental units at 65% AMI or below and through coordination with HRDC. 31. BMC 38.430.080.E.2(7)(b) PUD performance. Not eligible for this performance unless a specific public access easement is proposed and the area is defined. Provide clarifications. We have provided public access easements for public use of the plaza. See updated list of PUD performance points as well as plan sheet C1.1 32. BMC 38.430.080.E.2(7)(d) PUD performance. This site is eligible to claim credit for brownfield and underutilized sites with the appropriate calculations provided. We have provided the calculations for this point, see updated list of PUD performance points in Section 3 33. BMC 38.430.080.E.2(7)(e) PUD performance. Not eligible for the designed to meet LEED-ND performance points as the project is not conditionally approved nor does it have precertification per requirements. See updated list of PUD performance points along with Appendix K for documentation from our LEED consultant regarding precertification. 34. BMC 38.430.080.E.2(7)(i) PUD performance. Not eligible, the recycling transfer station referenced in the code is a community level transfer station similar in size and scale to those provided by the Gallatin Solid Waste Management District and not recycling collection for site residents and guests. We have removed this from our performance point list. See updated list in Section 3 35. BMC 38.520.060.B On-site residential open space. Provide clarification of proposed residential open space by building. Clarify which open space credit and allotment per building. Provide calculation and percentage of common space that applies to each building. Provide dimensions on the plans for all open space areas per SP1 and PLS documents. Clearly separate onsite residential open space and required PUD performance open space and usable commercial open space in calculations and exhibits and provide code references to clearly differentiate the required spaces. Show how the proposed public access will be achieved. Sheet AS.102 titled ‘Site Usage Information’ provides clarification, allotment, calculations and percentages, dimensions, exhibits, and code references for open space. 36. BMC 38.520.060.C No usable commercial open space designated or provided as required. Sheet AS.102 titled ‘Site Usage Information’ provides calculation and location of usable commercial open space. 37. BMC 38.520.070 Location and design of service areas. No service areas identified for gas and electric entrance locations into the buildings or proposed methods to separate and mitigate impacts as required. Show gas and electric locations as required per SP1 on entire site and general proposed locations for private utility entrance locations into the buildings. Sheet AS.101 titled ‘Architectural Site Plan’ includes locations of gas and electric entrance locations. 38. BMC 38.520.070.B Location and design of service areas. Service areas for trash service are not approved by the Sanitation Division. Service areas for Building 1 and Building 4 do not include ramps or a safe and accessible locations for trash dumpster pick up. Clarify individuals responsible for moving the trash dumpsters to pickup area. Provide documentation in supplementary document noting this requirement (POA documents). Trash service is being proposed on street frontages not in accordance with Section 38.520.070.B.1 as alley access (fire lane) is present. See section 5 for our proposed solid waste plan along with the plan sheets C2.1 39. BMC 38.540.050 Number of parking spaces required. Provide parking calculations that show how the parking demand is generated without relaxations. Provide parking calculations with proposed relaxations implemented separate from base calculations without relaxations. Clarify parking calculation as commercial parking demand must utilize floor area as defined in this section and not gross floor area provided in table. Provide parking calculations of plan set cover sheet per PLS form. See plan sheet AS.110 for clarification to the parking calculations. 40. BMC 38.540.030 Structured parking facility development standards. The proposed NE corner of the site does not comply with structured parking requirements or block frontage transparency requirements per BMC for landscaped frontage. The application and design must propose compliance with one or the other or proposed relaxations to the standards. See comment related to grade definition in 38.700.080. See updated elevations AS.201 for transparency calculations and AS.303 for clarification of this. 41. BMC 38.540.050.A.2.c(6) Clarify proposed reductions for bicycle parking and shower facilities as they apply to each building with those facilities. See plan sheet AS.110 for clarification to the parking calculations. 42. BMC 38.540.050.A.1.b(3) provide information on car share as required in Administrative Policy 2017-1. Clarify car share reduction in parking calculation for residential uses only. The project is no longer utilizing car share in the parking calculations. 43. BMC 38.540.050.A.4 provide bicycle parking requirement calculation in parking calculations. Provide bicycle parking locations for all buildings per SP1 and to show compliance with standards. See plan sheet AS.110 for clarification to the parking calculations 44. BMC 38.540.070 Off-site parking. Provide site plan for offsite parking that demonstrates the proposed lot meets all requirements of the BMC and the off-site parking code section. Clarify the uses proposed to utilize the offsite parking and provide exhibit showing compliance with distance requirements per use. Provide draft long term parking agreement or draft deed restriction in order to demonstrate compliance with BMC 38.540.070.6. See sheet AS.100 and AS.110 for clarification on this. 45. BMC 38.540.070 Off-site parking. Clarify proposed ownership, timing for entitlement and construction of proposed offsite parking lot. Clarify proposed use of the balance of the property at the time of construction of off-site parking lot. The off site parking will be owned separately from this project and the spaces will be leased by this project. The construction will be concurrent with the construction of this project. There is an application in the Planning department outlining the design and layout of this off-site lot. See plan file # 18534 46. BMC 38.550.030 and 38.220.080. Landscape plan does not match civil plan or architectural site plan and does not reflect proposed buildings. Sheets AS.101 titled ‘Architectural Site Plan,’ C2.1 titled ‘Site Plan,’ and L1.00 titled ‘Material Plan’ are coordinated and consistently reflect proposed buildings. 47. BMC 38.550.050.L Project proposes maximum slope and grade that exceeds standards. Clarify landscaping along north and east property boundaries. Clarify proposed slopes along Aspen Street and Ida Street. Sheets AS.303 titled ‘Street Cross Sections,’ C3.0 titled ‘ Grading Plan,’ L1.00 titled ‘Materials Plan,’ and 4.00 titled ‘Grading Plan’ show slope, grading, and landscaping along Aspen and Ida streets. 48. BMC 38.560.030 Prohibited signs. The proposed sign on building 5 (community building) attached to the mechanical equipment is not a wall sign. It is a roof sign which is prohibited. A relaxation may be proposed to allow a roof sign on the community building. Provide clarification on proposed sign proposal for this building. See revised sign plan Section 8 49. BMC 38.560.060.A Non Residential Sign Standards. Provide building frontage dimensions and sign calculations for all nonresidential buildings (4,5,6) and add to comprehensive sign plan. Sheet AS.111 titled ‘Overall Floor Plan - Level 1’ provides block frontage dimensions and sheet AS.201 titled ‘Street Elevations’ provides signage locations and calculations . 50. BMC 38.700.080. Grade definition. Provide more detailed exhibits of the north and east street frontages of the site that demonstrate the relationship of the parking garage and the overall building heights proposed in relation to the finished grade which is the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distance from the building. The site sections in AS.301 and AS.302 need additional clarity along Aspen Street and Ida Street. Clarify finished grade in relation to the proposed gabion retaining walls and the proposed sidewalk along these elevations. Show relationship of accurate finished grade to proposed parking garage structure with accurate floor to ceiling heights shown at garage level. Parking garage shown with 9’ floor to ceiling height on those exhibits, clarify if this is accurate. Sheets AS. 201 titled ‘Street Elevations’ and AS.303 titled ‘Street Cross Sections’ provide detailed exhibits of the north and east street frontages. ADDITIONAL DIVISION COMMENTS Building Division; Bob Risk brisk@bozeman.net 406-582-2377 1. Handicap accessible parking required for all uses. An accessible path to an accessible building entrance from all the parking areas must be provided. Sheet AS.110 titled ‘Overall Floor Plan - Level 0’ identifies accessible paths from accessible parking spaces to accessible building entrances. 2. Accessible pathways between all buildings is required. Sheet AS.111 titled ‘Overall Floor Plan - Level 1’ identifies accessible paths from public sidewalk to accessible building entrances. Fire Department; Scott Mueller smueller@bozeman.net 406-582-2386 1. Fire accesses must be noted and maintained during construction phases. Forestry Division; Alex Nordquest; anordquest@bozeman.net 406-582-3205 1. Coordinate with the Forestry Division on tree pit design and tree species selection for street trees. Special species selection is required for planting under power lines. Landscape design has been reviewed and coordinated with Forestry Division. 2. Provide sleeves/conduit for irrigation lines for all tree pits. Building specifications requires sleeves/conduit for irrigation lines for all tree pits. NorthWestern Energy; Cammy Dooley; cammy.dooley@northwestern.com 1. Overhead power lines may require additional building setback in order to provide clearances. After meeting on-site with Derek Westveer, we are hoping to have power lines buried as they front the proposed buildings. The lines would go aerial at the northeast, southeast, and southwest corners of the site. 2. A ten foot front setback utility easement is required on all street frontages. Acknowledged 3. Coordinate for any interior ten foot utility easements that may be required. Utility easements are now shown in the C1.1 sheet. 4. Utility plan is required for this site with the preliminary PUD submittal. See sheet C5.0 Parks and Recreation; Thom White twhite@bozeman.net 1. The City’s current adopted parkland cash in lieu valuation is $1.50 per square foot per City resolution 4938. Acknowledged- see appendix H for communications with Parks Department 2. Provide parkland calculation and table on plan sheet cover page. See sheet AS.102 for parkland tracking table Solid Waste Division; Russ Ward rward@bozeman.net 406-582-3238 1. Clarifications to proposed solid waste plan are required. See updated solid waste plan in Section 5. 2. BMC 38.520.070.B Location and design of service areas. Service areas for trash service are not approved by the Sanitation Division. Service areas for Building 1 and Building 4 do not include ramps or a safe and accessible locations for trash dumpster pick up. Clarify individuals responsible for moving the trash dumpsters to pickup area. Provide documentation in supplementary document noting this requirement (POA documents). Trash service is being proposed on street frontages not in accordance with Section 38.520.070.B.1 as alley access (fire lane) is present. Sheet AS.111 titled ‘Overall Floor Plan - Level 1’ identifies trash service area locations. These locations are also noted on plan sheet C2.0. ENGINEERING COMMENTS: 1. Bozeman Unified Development Code (UDC) Section 38.400.010.A. states: All streets must comply with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets must be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The design standards contained in these regulations apply to all construction, reconstruction and paving of streets. Review authority for exceptions or modifications to this section is specified in division 38.220. a. The traffic impact study must provide according to UDC section 38.220.060.A.12. and 38.400.060., the following updates are required prior to preliminary PUD approval: i. The report must be stamped by a professional engineering registered in the state of Montana. The final traffic report has been stamped by the author who is both a Montana Professional Engineer as well as a Professional Traffic Operations Engineer. ii. The report should include the existing and projects traffic counts on North Wallace Ave within the study. Per UDC Section 38.220.060.A.12.f.2.c, North Wallace Avenue was not included in our analysis as the site does not have a drive way access directly onto North Wallace Avenue and is only classified as a Local Street by the Bozeman Transportation Master Plan. The proposed development is expected to add 24/27 trips on North Wallace Avenue in the AM/PM peak hours. iii. The study must include the 15 year projection for the intersection of the City’s arterial and collector streets within the study area. In prior discussions with the City Engineer, a 15-year future horizon with a constant yearly AGR is unrealistic in certain situations where vacant land is at a minimum, connectivity to major arterials is limited, and major intersections (collector/arterials) are fully built-out. Additionally, the Transportation and Land Development Manual by ITE states the suggested horizon year analysis for a small development size (<500 peak hour trips) is opening year of full development buildout. Therefore, the most appropriate horizon year of future analysis is 2020 when full buildout and occupancy is expected as reported in the traffic study. 2. UDC Section 38.400.050.A.1 states: All streets and roads providing access to, and within, the proposed development shall meet the following standards: 1. Right-of-way width and construction standards contained in this chapter, the most recently adopted long range transportation plan, the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works Standard Specifications shall apply. Street sections have been attached and included as part of the PUD submittal package—meeting all of the requirements of UDC Section 38.400.050.A.1 above will not be possible as the existing ROW width along Ida Ave. is only 45’ in width and a Bozeman street typical section for this ROW width does not exist. Additionally, the south half of the Cottonwood Street roadway section is atypical and existing from the recently-constructed improvements to the south. Therefore, we have proposed street sections incorporating previous feedback from Bozeman City Engineering and Planning Staff. a. The back out angled parking proposed along East Cottonwood is non-standard and must be requested with the PUD. The property owner’s association will be required to maintain the proposed parking including snow plowing and maintenance of the parking surfaces. The property owner’s association documents must include language to this effect and be reviewed and approved prior to final PUD approval. The back-out angled parking has been included and requested in the PUD document. The required snow plowing, maintenance, etc. is acknowledged. Property owner’s association documents will include such language and be approved prior to final PUD approval. b. City standard delineators must be installed at the ends of the parking stall islands along East Cottonwood. City standard delineators are now called out on sheet C2.0 (and other sheets.) c. The proposed drive access bulb-out on East Aspen Street is non-standard and must be removed. The previously-proposed bulb-out on East Aspen has been removed and is no longer proposed. See sheet C2.0 (and other sheets.) 3. UDC Section 38.400.010.A.8.: Second or emergency access. To facilitate traffic movement, the provision of emergency services and the placement of utility easements, all developments must be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer must provide an emergency access, built to the standards detailed in these regulations. a. The applicant must provide emergency service vehicle turning diagrams to ensure that emergency service vehicles can reasonable access the site prior to preliminary PUD approval and clarify the following: A vehicle turning movement has been included on the new sheet C1.1, illustrating emergency vehicular access into the emergency vehicle access/fire lane. i. Sheet AS.302 shows an encroachment from the Misco Mill on to the property line and emergency vehicle access road, this is inconsistent with the plan view sheets provided. The applicant must verify that the Misco Mill does not encroach into the emergency vehicle access road at any point. There is an existing satellite dish that encroaches into the emergency vehicle access approximately mid-way along the western property line. This has been verbally discussed with the adjacent property owner and will be removed from the emergency vehicle access/fire lane. ii. Sheet AS.101 shows an encroachment from the Building 5 on to the emergency vehicle access road. Yes, there is an encroachment from Building 5 on to the emergency vehicle access. This has been discussed with Deputy Fire Chief Scott Mueller and he has approved the fire lane width at the location of this encroachment. A screenshot of his e-mail to this effect, written on 10/17/2018 is included, below: 4. UDC Section 38.400.090.D.2 states: These standards apply to the minimum distance between public and/or private accesses and intersections, and the minimum distance between public and/or private accesses and other public and/or private accesses. a. The proposed drive accesses on to East Aspen Street do not meet the access do not meet the City’s access separation requirements. The site must separation requirements or receive a deviation prior to preliminary PUD approval. The proposed “drive access,” for the emergency vehicle access ought not to be considered a drive access but rather a drivable surface in the event of an emergency. The emergency vehicle access drive/fire lane will be protected with removable bollards or gate system and will not be used for deliveries, pedestrian drop-off, etc. This applies to both the north and south end of the emergency vehicle access. Therefore, we only propose one drive access into the site (specifically, into the parking garage) along Aspen Street. No drive accesses are proposed along Ida Avenue nor Cottonwood Street. b. The proposed emergency vehicle access is with the 20 foot required separation from the adjacent property to the west. The proposed “drive access,” for the emergency vehicle access ought not to be considered a drive access but rather a drivable surface in the event of an emergency. The emergency vehicle access drive/fire lane will be protected with removable bollards or gate system and will not be used for deliveries, pedestrian drop-off, etc. This applies to both the north and south end of the emergency vehicle access. Therefore, we only propose one drive access into the site (specifically, into the parking garage) along Aspen Street. No drive accesses are proposed along Ida Avenue nor Cottonwood Street. 5. UDC Section 38.400.100.C states: Drive aisles 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 is 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 must use the vision triangle standard for local streets when intersecting local, collector, or arterial streets. Note: We do not propose a driveway or alley wider than 30 feet curb-to-curb at the right-of-way line. a. Street vision triangles must be shown on the landscaping plans. The vision triangle may not be impeded by landscaping including boulevard trees. The proposed tree shown on the landscaping plan appear to impeded the vision triangle. Street vision triangles are now shown/included in landscaping plans. b. The street vision triangle for the emergency vehicle access on East Aspen street, shown on sheet C1.00, is impeded by the building to the west. Acknowledged. We do not propose the demolition or relocation of neighboring property/buildings. Please see our responses to comment #4, above. The emergency vehicle access will not act as a driveway access or access to the site but rather used only in case of emergency. c. The street vision triangle for the access to the underground parking area is incorrectly shown on sheet C1.00. The street vision triangle has been drawn and shown with a point 10-feet off of the property line with 15-foot offsets on each side of centerline as indicated in the comment #5, above. 6. UDC Section 38.410.060.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. An additional Sheet (C1.1) is included with this PUDP submittal package. This sheet illustrates easements pertinent to this project as well as lot line changes, and existing ROW. a. The applicant must provide an overall plan clearly denoting the locations of the existing and proposed right-of-way, property lines, and easements prior to preliminary PUD approval. An additional Sheet (C1.1) is included with this PUDP submittal package. This sheet illustrates easements pertinent to this project as well as lot line changes, and existing ROW. b. An amended plat must be completed prior to final PUD approval for any change in lot lines. Acknowledged. c. Public utility easements are required along each street the property fronts on as per UDC Section 38.410.060.B.2.a. No encroachment may be permitted with the approval from all utility companies. Acknowledged. d. The applicant must provide a public access easements for required public sidewalks located outside of the public right-of-way. Sheet C1.1 illustrates public pedestrian access easements for public sidewalks located outside of the public ROW. 7. UDC 38.410.070.A.1 states: The developer must install complete municipal water and sanitary sewer system facilities, or a system allowed by section 38.350.030.D, and may be required by the city to install municipal storm sewer system facilities. These systems must be installed in accordance with the requirements of the state department of environmental quality and the city, and must 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 must submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and must obtain their approvals prior to commencing construction of any municipal water, sanitary sewer or storm sewer system facilities. Acknowledged. Public infrastructure plans in conjunction with this PUD are forthcoming. a. Per City of Bozeman Design Standards and specifications Policy Manual Section V.D.2.c water main are required to perpendicularly cross sanitary sewer mains. Acknowledged. Any deviation required due to existing conditions would be submitted through the appropriate DEQ deviation process. b. The water and sewer design report must be stamped by a professional engineer register in the state of Montana and include the following additional information prior to final PUD approval: i. The residual pressures and velocity with in the surrounding distribution system while the fire flow plus max hour demand is provided for the development. The water and sewer design report, along with any updates based on PUD submittal process, will be stamped by a registered Professional Engineer in the State of Montana and will include residual pressures/velocities as specified prior to final PUD approval. 8. UDC Section 38.410.080.A. states: The developer must install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and must 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 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 must submit plans and specifications to the city and to the state department of environmental quality (if applicable), and must obtain their approvals prior to commencing construction of any drainage system facilities. Acknowledged. a. The applicant must submit a stormwater drainage report, certified by a professional engineering within the state of Montana, for the onsite and public right-of-way drainage and have the reports reviewed and approved prior to preliminary PUD approval. Acknowledged. The stormwater drainage report, along with any updates based on PUD submittal process, will be stamped by a registered Professional Engineer in the State of Montana. b. The geotechnical report notes the presents of groundwater at approximate depth of 7-8 feet with the possibility this elevation increasing. In addition the reports note this is of significant concern for the proposed subsurface parking area and provides a number of design recommendations. The application is unclear as to if any of the recommendation will be implemented. As a number of the recommendation may affect areas outside of the project the applicant must provide details of how the groundwater will be addressed on site with the engineer certified drainage report prior to preliminary PUD approval. The applicant is advised that the City do not permit sump pumps to discharge into the City infrastructure. Since the original PUDP submittal to the City, the proposed parking garage has been raised significantly. The current proposed finished slab elevation of the parking garage is 4768.00. This proposed slab elevation is approximately 5’ below existing grade. The shallowest groundwater measured within the monitoring wells in the geotechnical report was 7.77’ below existing grade. The date of this measurement was 4/30/2018. During monitoring, measurements ranged from 7.77’ below existing grades to 10.00’ below existing grades. c. The drainage infrastructure proposed on East Aspen is non-standard and should be located onsite within a public drainage easement. The proposed location may only be approved as a PUD relaxation and will require an encroachment permit. The system will must be maintained by the property owner’s association. To clarify, the drainage infrastructure proposed is to facilitate drainage of public right-of-way storm drainage. As there is no regional stormwater facility, a drainage facility within the ROW would only serve to attenuate stormwater runoff from the public ROW. The proposed on-site stormwater detention facilities would be located on private property and would presumably not require any easements in favor of the City. d. The applicant must submit a stormwater maintenance plan for the proposed onsite stormwater system prior to preliminary PUD approval. The approved maintenance plan be included within the property owner’s associate document prior to final PUD approval. Acknowledged. This documentation will be provided prior to final PUD approval. e. The minimum City’s stormwater main is 15” and must be located a minimum of 5 feet from a sanitary sewer main, this must be addressed prior to preliminary PUD approval. Acknowledged. Design and submittal of off-site public infrastructure is forthcoming. f. The applicant must demonstrate that the existing stormwater system in Wallace Aveune has sufficient capacity to accept the flow from the new main in East Aspen, prior to final PUD approval. Acknowledged. 9. UDC Section 38.410.130.A states: Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: Payment must be made to the city of a payment-in-lieu of water rights, calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price; a. The applicant must pay cash-in-lieu of water rights prior to final PUD approval. Acknowledged. We have been coordinating cash-in-lieu payment with Brian Heaston. 10. UDC Section 38.430.070.A..: Applications for phased planned unit developments. If a planned unit development is intended to be developed over time in two or more separate phases, application for approval of a phased planned unit development must follow procedures established for pre-application review as outlined in this division 38.430. After pre-application review is completed, phased PUDs may be proposed in accordance with one of the following procedures: a. The proposed phasing plan does not provide sufficient information to determine is the each phase meets UDC. The applicant must clarify when the onsite infrastructure will be constructed including stormwater, trash/recycling facilities, pedestrian access, emergency service access, etc. The applicant should reference advisory comment No. 1 At this time, our intent is to permit the build-out of the PUD as one site plan (SP1) application rather than a master site plan (MSP) application. 11. 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 North Wallace Avenue including paving, curb/gutter, sidewalk, and storm drainage Acknowledged b. Street improvements to East Tamarack Street including paving, curb/gutter, sidewalk, and storm drainage Acknowledged c. Street improvements to East Peach Street including paving, curb/gutter, sidewalk, and storm drainage Acknowledged d. Street improvements to Front Street including paving, curb/gutter, sidewalk, and storm drainage Acknowledged e. Intersection improvements to North Wallace Avenue and East Tamarack Street Acknowledged f. Intersection improvements to North Wallace Avenue and East Peach Street Acknowledged 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 final PUD approval. Acknowledged CONDITION(S) OF APPROVAL: 12. The intersection of East Aspen Street and the Front Street and Ida Street and Front Street must be reconfigured to meet the City’s intersection standards. The intersection must be improved with the first phase of development. Any changes to the City Park at the intersection will require the approval from the Parks Department prior to final PUD approval. Based on various conversations with personnel within the Engineering, Planning, Parks, and Economic Development departments (as well as with stakeholders within the neighborhood and project vicinity), we have proposed a configuration that improves the curve along Ida Avenue, turning into Front Street as well as parking facilities to serve the boulder park patrons with leasable parking stalls within the Front Street public ROW. ADVISORY COMMENTS: 1. 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 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 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. The need to coordinate concurrent construction of the public infrastructure improvements and other off-site improvements and the on-site construction of proposed buildings and appurtenant site improvements is acknowledged. The Developer acknowledges the need to comply with exceptions specified in subsection D of the UDC section 38.270.030 for planned unit developments. Therein, it notes that “a building permit may be allowed prior to completion of the public infrastructure, provided that [criteria #1-13] are met…” These criteria are listed below for ease of reference: 1. The subject property must be developed under the provisions of division 38.430 of this chapter; 2. The subdivider or other developer must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city, with said guarantee to be in the name of the city; 3. Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building permit for the development; 4. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the PUD must cease until required phases of infrastructure improvements as described in the PUD have been completed, and inspected and accepted by the city; 5. The subdivider must provide and maintain fire hazard and liability insurance which must name the city as an additional insured and such issuance must not be cancelled without at least 45 days prior notice to the city. The subdivider must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 6. The subdivider must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; 7. The subdivider must enter into an agreement with the city which provides for predetermined infrastructure funding options; 8. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use must occur when such action would constitute a safety hazard in the opinion of the city; 9. The subdivider must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; 10. The subdivider must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; 11. The subdivider must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 12. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and 13. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the review authority with a recommendation from the development review committee.