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HomeMy WebLinkAbout07 Response to DRC Comments 2-17-2120406 Courtyard Hotel by Marriott - Site Plan Response to January 2021 Review Comments ADMINISTRATIVE DESIGN REVIEW: RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the development. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. BMC 38.230.040 – DRB review thresholds. This project meets criteria for DRB review. Response: The applicant acknowledges this condition. 2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Response: The applicant acknowledges this condition. 3. A copy of the State Revenue Department alcohol license for the establishment must be submitted to the Department Community Development prior to the sale of alcoholic beverages. Response: The applicant understands and acknowledges this condition. 4. Any modification of the State on-premises consumption retail alcohol license from a beer and wine license requires review and approval of a new special use permit. Response: The applicant understands and acknowledges this condition. 5. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.160 based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. Response: The applicant understands and acknowledges this condition. 6. If grease interceptor does not currently exist, the applicant must install a grease interceptor for the proposed use, per the plumbing code. Response: A 500 gallon grease interceptor is proposed for the Hotel. The grease interceptor location is shown on the west side of the building and identified as sheet note 10 on C1.0 and a detail is provided on sheet C2.1 of the site plan drawings. 7. The applicant must maintain pedestrian access at all times (during construction) on the adjacent sidewalk. The contractor cannot block the sidewalk. The public right-of-way must be kept clear of construction debris. Response: The applicant understands and acknowledges this condition. A construction fence will be placed on the east side of the sidewalk to keep construction debris away from the sidewalk and to maintain a path through the site. 8. The applicant must contact the City Water and Sewer Department Backflow Prevention Specialist to inspect the existing water meter installation at the building. If it does not already exist, the applicant must place a backflow preventer near the water meter to the building to provide protection of the public water supply. Response: A backflow preventer will be provided and detailed in the construction drawings and all required inspections will be obtained. 9. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. Response: The applicant understands and acknowledges this condition. REQUIRED CODE CORRECTIONS All citations are to the Bozeman Municipal Code (BMC). Planning Division, Jacob Miller, jamiller@bozeman.net, 582-2261 1. In addition to the review criteria of section 38.230.100 for Special Use Permits, the review authority must, in approving a special use permit, determine favorably that applications meet the review criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through I. Response: Applicant understands and acknowledges this condition. 2. Section 38.230.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. Response: Applicant understands and acknowledges this condition. 3. Section 38.230.110.I BMC describes the process for termination/revocation of a conditional use permit approval: a) Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: i) After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; ii) Final zoning approval to reuse the property for another principal or conditional use is granted; iii) The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140 Response: Applicant understands and acknowledges this condition. b) A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. Response: Applicant understands and acknowledges this condition. c) If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in section 38.200.160. Response: Applicant understands and acknowledges this condition. 4. General notes: a) The CUP for alcohol service is not the appropriate application. Upon resubmittal, please include the SUP checklist and all the required materials and include on the A1 that an SUP application is included in the submittal. The SUP application fee must be paid prior to approval, we have the CUP fee already and can reimburse the entire amount or the difference whichever you prefer. The difference is $375.00. Title the project as follows: 20406 Courtyard Hotel by Marriot-Boothill SP SUP Response: A Special Use Permit (SUP) checklist and the required materials have been included in the revised site plan submittal. In addition, the A1 form has been revised to note that an SUP application is included in the submittal. The applicant will pay the $375.00 difference in permit costs at the time of re-submittal. b) The three compact parking spaces in the NE of the property don’t appear to have proper clearance from the spaces across the median. Please demonstrate that the vehicles won’t protrude across the median or remove the compact spaces. Response: The northern parking island was modified to ensure that vehicles won’t protrude across the median. Two spaces were moved from this location to other locations on site to allow enough room for vehicle overhang over the back of the curb in this location. 5. Sec. 38.220.080. - Site plan submittal requirements. This application does not meet SP submittal requirements. Document “08 Project Narrative” lists the zoning as B-2 and states the CUP application is intended to increase the building height. a) Please review the narratives and harmonize the content. b) A Special Use Permit will be required for the sale of alcohol. c) A CUP to increase building height is only applicable in B-2, please correct this language in the narrative. Response: The Narratives have been harmonized. The CUP has been removed from the application; the proposed building height is 45’ in the M-1 zone per Table 38.320.050 of the UDC. A SUP application has been added to the application, and a SUP narrative has been included with this application. Please note that because this SUP application is being submitted and reviewed concurrently with a site plan application for the hotel itself, SUP checklist items 6, 7, 8, 9, and 10 are not specifically included with this checklist and narrative, but rather with the site plan application itself. 6. Sec. 38.520.060. - On-site residential and commercial open space. a) Connect the open space area adjacent to the breakfast buffet to the closest entrance for convenient access. See graphic below. Response: The open space area has been revised to connect to the closest entrance, this is displayed on updated site plan drawings C1.0 an C1.1. LS1.1 has also been revised to show this connection. 7. Sec. 38.520.070. - Location and design of service areas and mechanical equipment. a) It’s not clear from the site plan where the screening for the meters will be located on the north side of the building. Please indicate on the site plans where this will be located and include details if structural screening will be used. Response: The electric and gas meters are located on the north side of the building near the entrance to the mechanical room. The locations are noted on Sheet Note Q on Sheet C1.0. Furthermore, the architectural screening detail is shown on Detail 1 of SP202. Engineering Division, Karl Johnson, kjohnson@bozeman.net, 406-582-2281 General 1. BMC 38.270.030 Completion of Improvements - The water main servicing the building must be installed and accepted prior to building permit approval. Response: The applicant acknowledges this condition. 2. The proposed grades do not match the existing grades along the northern property line as shown on the Grading Plan. Ensure the proposed grade will match the existing grade at the property line as the site exists today. Response: Modifications have been made to the grading plan to match the existing grades along the northern property line. Refer to updated sheets C1.2 & C1.3. Easements 1. BMC 38.410.060 (C.1) Easements - The applicant must provide a thirty (30) foot public utility easement to accommodate the water main. a. The provided draft easement does not include an appendix depicting the location and alignment of the easement Response: An exhibit displaying the location and alignment of the proposed easement has been included with the draft utility easement with this re-submittal. Paybacks 1. The development falls within the N 19th and Baxter Intersection payback. The development must pay the properties proportional share prior development approval. They payment is to be at rate of $0.00214061 per square foot. The applicant is advised to coordinate with Katherine Maines in the City’s engineering department. Response: The applicant acknowledges this condition and will pay the payback amount prior to site plan approval. Stormwater 1. It is not clear if the retention pond will take drainage from the I-90 ditch which is not accounted for in the drainage system design. Confirm whether or not the drainage system will take offsite drainage. Response: The retention pond is not intended to receive drainage from the I-90 ditch. The grading and drainage plan sheets have been updated to display a berm along the western edge of the property. Please also refer to the stormwater management report for areas draining to this detention pond. Transportation 1. BMC 38.220.080 (A) 2.g Traffic Generation - The applicant must submit a peak hour trip generation value to the City to determine whether a traffic impact study is required. Please contact engineering at kajohnson@bozeman.net to determine if a TIS is required. Response: The peak PM hour trips for ITE Trip Generation Code 310 “Hotels” is 0.60 trips per unit. For a 117 room hotel the number of peak PM hour trips is 70 with 36 entering and 34 leaving the hotel site. As such, this trip generation does not meet the threshold required for a traffic impact study. ADVISORY COMMENTS 1. Due to increased rate of corrosion with in the vicinity 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: The applicant acknowledges this condition, all proposed water mains and services 4” or larger will be zinc coated. NorthWestern Energy Comments, NWE Project Engineer, Kory Graham, Kory.Graham@northwestern.com 1. Has an application to Northwestern Energy (NWE) been submitted? Response: The Owner has been working with Northwestern Energy on the submittal of the applications required for development. 2. There are two existing 3PH Junction cans located on both the North & South side of the property and the proposed plan shows another junction can to be added in order to run electric service along north side of building. NWE proposes to use existing equipment on the north side of the lot to feed the new building, which requires a different path to the meter location. Please work with NWE Engineer to determine best path. Response: The applicant has worked with Kory of NWE regarding the power and gas tie in locations. The proposed electrical tie in point as shown on the plans is acceptable based on discussions with NWE. 3. Site plan shows the proposed location of transformer and route for gas and electric to the meter location. The transformer location needs to meet NWE requirements for transformer location and needs to be within a reasonable distance to install and maintain the electric service. See Transformer Location comment. Response: Per conversations with Kory at NWE, the transformer location has been slightly modified to ensure a reasonable distance for maintenance per NWE standards. 4. Transformer Location. With the size of the proposed building a 3-phase transformer will be needed and a 3-phase transformer pad site should be planned. Typical 3-phase pad is going to be a 7’x7’ pad. Transformer location and clearance requirements to buildings is; for oil filled transformers a 2-foot clearance is required to non-combustible walls and surfaces, that do not have any openings such as doors, windows, air intake, and fire escapes routes, and meets current NEC or NFPA requirements for non-combustible material. For transformers 750kVA & larger a 3- foot 6-inch clearance is required. For all transformers, regardless of size, requires a 10-foot unobstructed clearance space in front of the pad where the transformer doors are located. Note, all distances are referenced to the edge of the pad. For any combustible surface, not meeting current NEC or NFPA requirements for non-combustible material, a minimum of a 10-foot clearance is required between the building or any combustible surface and the transformer. Due to COVID-19 there has been an impact on receiving larger three phase and single phase transformers and a longer timeline may be needed to receive the needed equipment for these services. This is why it is important to submit an application to NWE and provide the calculated loads as soon as possible to avoid any delays. Response: Site plan shows a 7’x7’ pad. Transformer pad orientation has been adjusted such that the closest corner of the building is 6’-4” from the transformer pad. The adjacent wall is constructed from non-combustible brick veneer. The location of the transformer has been adjusted such that the front of the transformer is 10’ from the parking lot. The screening fence has been adjusted to a double gate starting 2’ from the side of the transformer, matching the NWE provided detail. 5. Site plan does not show gas routing, but note Q indicates both Gas and Electric meter locations in the same general area. Adequate wall space will be necessary to place the electrical equipment. Per NWE standards the electrical panel must maintain at least 3ft of separation from the gas regulator. See Service & Meter Location comments. Response: The site plan has been updated to show the gas routing. 3’ of separation between the electrical panel and gas regulator have been provided. Architectural elevations show meter locations relative to each other and the building. 6. NWE will need to review building elevation plans for the proposed buildings for the meter locations as well as final grading plans for all utility installation locations. Response: The Architectural elevations show meter locations relative to each other and the building. 7. Service & Meter Location. The electric meter & or CT cabinet will need to be installed in the same general location within 10-feet of the gas meter. Per Sheet SP202 this requirement seems to be met. NorthWestern Energy reserves the right to specify the location of our meters. All meters are to be located outdoors on the corner or in a location on the building closest to the transformer or secondary junction can serving the building unit. Meter locations will need to be approved by NWE. NWE policy is to maintain a minimum 30-inches wide by 3-feet clear zone between the front of the meter and landscape screening or wall screening for self-contained meter bases and 48- inches for installations requiring cabinets. When using a screening wall most commercial applications require the 48-inch clear zone between the front of the meter and the wall. For this project the 48-inch clear zone, between the front of the meter and the wall, will apply due to the past history of meter panel installations for this type of commercial service. Location of the meter(s) shall allow easy access to the meters for operation and maintenance. This can be determined through the design process after an application is submitted through NWE and the area project engineer will work through allowable shrubs and plants for screening and to determine adequate clearances for access to our meters. Response: Screening fence has been designed to provide full access to the front of the panel. Gate swing has been added to the screening fence to clarify that the required 4’ in front of the panel will be provided. Screening details are shown on Detail 1 of Sheet SP202 and as shown on Sheet Note Q on C1.0 8. Per sheet SP052 Site Details, drawing 7 Electrical Screen Elevation, shows concrete footing with post footings. What is the distance between the base of the concrete post bases? Depending the size of the electrical service a trench width up to 24” may be required to get the electrical service line to the CT cabinet. The new gas and electric primary as well as the services will be installed in a joint trench which when installed in the same trench will require a 1-foot separation between the utilities. The service trench that will be installed between the two post footings may need to be as wide as 30” at a depth of 24” to 30”. Response: The Detail has been updated to show distance between footings. 9. The following applies to the gas regulator. The gas regulator cannot be placed under a window or within 3’ of the operable portion of the window. It can be placed under a window/deck on the second story, provided the “open/operable” portion has at least 6’ of clearance from the regulator. Ensure that there is 10’ of separation from any mechanical air intake, including air conditioning units. The regulator will need to be 3’ from the closest corner of any portion of the electric meter base. Submitting an application to NWE will get the NWE engineer involved and can help with this process. Response: There are no operable windows within 3-ft of the gas regulator location. Furthermore, the design plans will ensure that any mechanical air intake is a minimum of 10-ft from the gas regulator location. 10. Utility easements. Any extension of gas main or electric primary will need to be installed within an easement. Normally a 10-foot easement is required. To establish the needed utility easement locations the NWE project engineer and Northwestern Energy’s real estate representative will help to establish these locations as well as the needed documentation. Response: A 10-foot wide easement for electric and natural gas service has been provided with this resubmittal. 11. For landscaping. No large deep rooted trees or bushes will be allowed within the 10-foot utility easement. All other approved landscaping will be placed so as not to damage, prevent or hinder operation and maintenance of NWE utilities. Response: There are no large deep rooted trees or bushes within the 10-foot utility easement. 12. For landscaping, planting of bushes or shrubs a Minimum Working Space for a Pad-Mounted Transformer is 4-feet on the sides and back portion of the concrete pad and 10-feet of clearance on the front side of the pad where the transformer doors are located. Note, all distances are referenced to the edge of the pad. Response: The required landscape clearances have been observed. 13. Submit an application online to have the NWE project engineer work with the applicant. Go to www.northwesternenergy.com/construction to apply online Montana Construction Application, and access Montana New Service Guide to provide information on electric and gas service requirements. Once an application is submitted the NWE project engineer will be in contact with the applicant. Electrical and gas loads will be required for the NWE engineer to size the services needed. Response: Response: The Owner has been working with Northwestern Energy on the submittal of the applications required for development. Solid Waste Division, Russ Ward, rward@bozeman.net, 406-582-3235 1. Must have a minimum of 20 foot clear opening for a double enclosure measured from door jamb to door jamb. Response: Owner has elected to use a single waste receptacle and plans have been updated to match. A 15 foot clear opening is provided. The applicant will schedule pickups based on the size of the receptacle accordingly. 2. Enclosure doors must open a minimum of 180 degrees Response: Plans have been updated showing doors opening 180 degrees. A minimum of 1-ft of clearance will be provided below the doors. 3. Roof of enclosure cannot overhang door opening to allow truck access. Response: Roof structure has been held back to be on a flush plane from the gate. Dimension has been added to architectural detail for clarification. Water Conservation; Chelsey Trevino, ctrevino@bozeman.net, 406-582-2266 The Water Conservation Division appreciates the use of drought tolerant plant species and the minimization of lawn area installed within the landscape and irrigation plan. The following recommendations to the Courtyard Hotel by Marriott project plan provided to maximize landscape health and resiliency while minimizing outdoor water consumption. 1. On sheet LS2.1, include total landscaped area (ft2) and landscaped area of trees/shrubs/perennials/grasses connected to drip irrigation. Response: Landscaped area information has been provided on updated sheet LS2.1. 2. On sheet LS2.1, specify the use of water-efficient nozzles (multi-spray, multi-trajectory nozzles or ‘rotary nozzles’) for pop-up zones. Response: Rotary Nozzles have been implemented in areas where they can be effectively used. 3. On sheet LS2.1, indicate the installation of a local weather sensor to the Rain Bird ESP-LXME model irrigation controller so that the irrigation controller has weather-based functionality. Response: A note to install a rain sensor has been added to the Irrigation Legend. These divisions did not provide comments, contact reviewers directly with questions: Sustainability Division; Natalie Meyer, nmeyer@bozeman.net, 406-582-2317 Stormwater Division; Kayla Mehrens, kmehrens@bozeman.net, 406-582-2270 Water and Sewer Division; John Alston, jalston@bozeman.net, 406-582-3200 Building Division, Bob Risk, brisk@bozeman.net, 406-582-2377 Fire Department, Scott Mueller, smueller@bozeman.net, 406-582-2382 Parks and Recreation; Addi Jadin, ajadin@bozeman.net, 406-582-2908 Forestry Division; Alex Nordquest, anordquest@bozeman.net, 406-582-3205 Future Impact Fees - Please note that 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. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit. Note: During preparation of the staff report, additional conditions of approval may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project.