HomeMy WebLinkAboutCommentsOnPreApp_04072021
MEMORANDUM
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TO: DEVELOPMENT REVIEW COMMITTEE
FROM: JACOB MILLER, ASSISTANT PLANNER
KARL JOHNSON, ENGINEER I
RE: ANNIE SUBDIVISION PH. 4 PRE-APPLICATION, 21-003
DATE: FEBRUARY 10, 2020
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Project Description: A Subdivision Pre-Application to create a Major Subdivision of 20 lots for future
residential development in the R-3 zoning district on 3.241 acres.
Project Location: Annie Subdivision Phase 3C, Section 2, Township 2 South, Range 5 East, Lot 1, City of
Bozeman, MT
The Department of Community Development received your application on January 13, 2021. Staff
has reviewed the application in accordance with the submittal checklists and Article 38.220 of the
Bozeman Municipal Code (BMC) and the application is not adequate for continued review per BMC
38.240.110.A.3. The application is incomplete for processing.
Planning Division, Jacob Miller, jamiller@bozeman.net, 406-582-2261
1. Requested Waivers:
a. Sec. 38.220.060.3. – Groundwater
i. Staff does not grant a waiver for the groundwater supplement, see stormwater
comments.
b. Sec. 38.220.060.6. – Wildlife
i. Staff grants a waiver for the wildlife supplement.
c. Sec. 38.220.060.7. – Historical Features
i. Staff grants a waiver for the historical features supplement.
d. Sec. 38.220.060.8. – Agriculture
i. Staff grants a waiver for the agriculture supplement.
e. Sec. 38.220.060.12.f – Traffic Generation
i. Staff requests additional information, see engineering comments.
f. Sec. 38.220.060.17. – Neighborhood center plan
i. Staff grants a waiver for the neighborhood plan supplement.
2. The preliminary plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and
Subdivision Plats (24.183.1104 ARM).
3. Sec. 38.220.060. - Additional subdivision preliminary plat supplements.
a. Please provide all additional preliminary plat supplements meeting the requirements
detailed in this section that were not included in the waiver requests. The waiver requests
will be reviewed with this PA Application. All information, exhibits, answers to questions
must be provided for each supplement.
4. Sec. 38.410.080. - Grading and drainage.
a. Stormwater facilities must be provided to accommodate stormwater runoff from the
public streets. If the open space lot is to be used as a stormwater facility it must be
maintained by the POA and noted in the preliminary plat supplements and the conditions
of approval sheet on the plat. Additional requirements for landscape design are described
in Sec. 38.410.080.H.
5. Sec. 38.410.060. - Easements.
a. 10’ front setback utility easements must be provided along all street frontages.
b. Provide a public access easement for the common open space lot.
6. Sec. 38.410.100. - Watercourse setback.
a. A plan must be submitted with the preliminary plat describing how this development will
mitigate the impacts of development on the watercourse. Show both zones of the
watercourse in the plat.
b. A setback planting plan must be prepared by a qualified landscape professional and
included with the preliminary plat submittal. This plan must include descriptions of
schedule, plantings, maintenance and irrigation.
7. Sec. 38.410.030. - Lot.
a. Due to the existing configuration of the street grid this development will be allowed to
create double frontage lots in between Durston and the new road. Certain design
considerations will be required to be included in the POA covenants and design guidelines
to mitigate this situation, for example the primary façades of the townhome lots with
adjacency to Durston must face Durston and will require a fence height restriction.
b. It appears the townhouse lot with the 20’ front property line could present encroachment
issues into the required side setback of the property to the east, because of the narrow
front width. Please demonstrate that this will not be an issue, or readjust the lots to allow
for a wider frontage.
8. Sec. 38.420.020. - Park area requirements.
a. There is a pedestrian midblock crossing north of the property that does not connect to
the Westside Trail. Improvements-in-lieu will be accepted in the form of constructing the
connection. Please contact Addi Jadin with the parks department for details.
9. Sec. 38.550.070. - Landscaping of public lands.
a. All perimeter street boulevard, street trees and landscaping must be installed within one
year of final plat approval. Landscape plans for these areas must be submitted with the
preliminary plat application. Durston is considered a perimeter street and must be
maintained by the POA. The curb cuts must be removed and street trees planted.
Engineering Division, Karl Johnson, kajohnson@bozeman.net, 406-582-2281
REQUESTED WAIVERS
1. BMC 38.220.060.3 Ground water: Denied, see Stormwater comments for additional details.
2. BMC 38.220.060.12.f Traffic Generation: Additional information is required to determine is a
waiver can be granted. The applicant must provide trip generations from the site to determine if
a Traffic Impact Study is required.
ENGINEERING COMMENTS:
Easements
1. BMC 38.410.060 (B.2) Easements - The applicant must provide a ten foot utility easement
(power, gas, communication, etc.) along the developments property frontage. The easement
may either be dedicated via the plat or separate easement but the easement must be shown on
the plat and include the City’s standard language. The applicant may contact the Engineering
Department to receive a copy of a utility easement template.
Water Rights
1. Bozeman Municipal Code (BMC) 38.410.130 - The applicant must contact Griffin Nielsen with
the City Engineering Department to obtain a determination of cash-in-lieu of water rights
(CILWR). CILWR must be paid prior to final plat approval.
Paybacks
1. The subject property is included in the payback district identified as SID 684 Durston N 19th to
Fowler Road Improvements. The proportionate share of the payback must be paid prior to final
plat approval.
Stormwater
1. To utilize the existing Annie Subdivision detention facility the applicant must demonstrate the
existing stormwater detention pond is functioning as designed, is accessible and maintainable,
and is adequately designed to handle the additional runoff from the proposed development.
2. The stormwater conveyance to the Annie detention pond has a drainage easement with a
house, fence, and shed built on it. This conveyance must not be utilized for additional flows until
these structures are removed.
3. DSSP Section (A) (4) Water Quality - The applicant must include a drainage plan prior to plat
adequacy with post-construction storm water management controls that are designed to
infiltrate, evapotranspire, and/or capture for reuse the post-construction runoff generated from
the first 0.5 inches of rainfall from a 24-hour storm preceded by 48 hours of no measurable
precipitation. For projects that cannot meet 100% of the runoff reduction requirement, the
remainder of the runoff from the first 0.5 inches of rainfall must be either: a. Treated onsite
using post-construction storm water management control(s) expected to remove 80 percent
total suspended solids (TSS); b. Managed offsite within the same sub-watershed using post-
construction storm water management control(s) that are designed to infiltrate, evapotranspire,
and/or capture for reuse; or c. Treated offsite within the same subwatershed using post
construction storm water management control(s) expected to remove 80 percent TSS.
4. DSSP Section (C) Water Quantity - The applicant must provide detention prior to approval with
release rates limited to predevelopment runoff rates. Retention ponds must be sized based on a
10-year, 2-hour storm intensity.
5. The seasonal high groundwater elevation must be determined prior to plat adequacy. The
engineer responsible for the design drainage must certify that the drainage infrastructure can
meet or exceed the City’s drainage requirements during the seasonal high.
Water
1. DSSP Section (V.D.1) Alignment, Depth, and Easements – The alignment of water and sewer
services must be arranged so there is a minimum of ten (10) feet of horizontal separation
between each other.
Wastewater
1. Applicant is advised water and sewer services must run perpendicular to respective mains
through the utility easement line.
Transportation
1. The 2017 Transportation Master Plan Pedestrian Recommendation, 36 identifies the need to add
a Rapid Rectangular Flashing Beacon to the existing crossing at the east side of N 25th Ave and
Durston Rd intersection. The beacon must be installed upon future development.
Lighting
1. The applicant must demonstrate the existing lighting on Durston Rd meets the lighting design
criteria identified in section XII of the DSSP along the property’s frontage to Durston Rd. If the
standards are not met additional lighting may be required.
NWE Project Engineer Erica Chaney Erika.Chaney@northwestern.com
1. Has an application to Northwestern Energy (NWE) been submitted?
2. With the demolition of the existing structures the applicant needs to, weeks in advance of the
scheduled demolition, contact NorthWestern Energy for a disconnect of the electric and gas
services.
3. Transformer Location. For larger apartment buildings a 3-phase transformer may be needed
therefore, a 3-phase transformer pad site should be planned. Typical 3-phase pad is going to be
a 7’x7’ pad. For all transformer locations, single phase and three phase transformers, clearance
requirements to any buildings is 2-feet for non-combustible walls and surfaces, void of openings
such as doors, windows, air intake, and fire escapes routes, and meets current NEC or NFPA
requirements for non-combustible material. 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. For all single
phase and three phase 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. 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. It is important to submit an application to
NWE and provide the calculated loads as soon as possible to avoid any delays.
4. 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. With the extension of
Rogers Way a civil plan with final top back of curb grade elevations will be needed to establish
proper bury depths of all underground utilities.
5. 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. 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. On new construction, electric meter locations must be within 10 feet of the gas
meter if NorthWestern Energy will be providing both electric and gas service. 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. 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.
6. 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.
7. Apartment or townhomes are proposed there will be a need to install multiple meters within
the same location. With multiple meters, adequate wall space will be needed to install the
number of electric and gas meters, and electric gear. For gas meters, NWE will only stack gas
meters 2 high and therefore the needed wall space for gas meters will require a longer wall
space. The two areas for gas and electric meters will need to occupy the same wall space, unless
otherwise approved by a NWE project engineer, with the needed separation between gas and
electric meters.
8. When there are multiple units with multiple meters NWE requires that the meters have a
permanent placard for each meter. For multiple metering each location or premise must have
its address and unit numbers permanently attached by means of a placard to the meter bases
and the individual apartment /unit breaker boxes before the meter is set. These identifying
placards must match the unit information as displayed on the unit’s entry door.
9. 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/or Northwestern Energy’s real estate representative
will help to establish these locations as well as the needed documentation. Negotiations and
costs between other landowners for easements is entirely the applicant’s responsibility.
10. NWE will need to review landscape plans for proposed landscaping within the proposed
development with location to utility easements and equipment.
11. For landscaping. No large deep rooted trees or bushes will be allowed within the 10-foot utility
easement. No large trees reaching heights of 15-feet or taller will be allowed under any
overhead distribution lines. All other approved landscaping will be placed so as not to damage
or prevent or hinder operation and maintenance of NWE utilities.
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.
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.
Community Housing Program, Tanya Andreason, tandreason@bozeman.net, 406-582-2953
1. The cash in lieu calculation will be based upon 10% of the townhomes and single detached
home, meaning that the payment will be calculated using 1.7 units (.10 x 17 homes = 1.7 units).
2. The Affordable Housing Plan online form has a Cash-in-lieu rate table on page 2 for the
applicant’s use. This table is updated annually, and the required payment amount should be
calculated using the City’s published rate. The AH Plan form is required as part of the
Preliminary Plat submittal, and will be recorded with the Final Plat. CIL payment is due before
Final Plat is recorded.
Parks and Recreation; Addi Jadin, ajadin@bozeman.net, 406-582-2908
1. Parks recommends cash-in-lieu of parkland for this project and does not recommend acceptance
of the open space area at the east of the property as parkland because it would not be an
uninterrupted linear park and would create uncertainty of ownership. Staff requests that
applicants address the feasibility/costs of applying CILP for off-site improvements-in-lieu to
construct a bridge that connects sidewalk spur to the Westside Trail at the terminus of Rose Ct.
Note: The comments and advice contained in this DRC memorandum are intended to assist the
applicant in preparing the subdivision preliminary plat application. However, further comments and/or
recommendations on matters not discussed during the informal view may arise based on the
information and supplemental data provided with the formal applications and applicable comments
provided by local and state agencies.
These divisions did not provide comments, contact reviewers directly with questions.
1. Building Division; Bob Risk brisk@bozeman.net, 406-582-2377
2. Fire Department; Scott Mueller, smueller@bozeman.net, 406-582-2353
3. Sustainability Division; Natalie Meyer, nmeyer@bozeman.net, 406-582-2317
4. Water Conservation; Jessica Ahlstrom, jahlstrom@bozeman.net, 406-582-2265
5. Stormwater Division; Kayla Mehrens, jkmehrens@bozeman.net, 406-582-2270
6. Water and Sewer Division; John Alston, jalston@bozeman.net, 406-582-3200