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The Flats – Site Plan Review Comment Narrative
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The Flats
Site Plan Review Comment Narrative
Application 21-078
Section 2 – Recommended Conditions of Approval
1. Please note that these conditions are in addition to any required code provisions identified
in this report. These conditions are specific to the development.
Response: The applicant acknowledges this comment.
Section 3 – Required Code Corrections
PLANNING COMMENTS:
1. BMC 38.520.060. – On-site residential and commercial open space. The common open
space areas as proposed do not meet requirements. Please provide some form of seating.
Response: The initial submittal shows seating within the open space area. Please refer
to Sheet C1.0. The note for the open space area states: “Picnic table & charcoal
barbeque grill or benches.”
2. BMC 38.510.030. – Block frontage standards. Label the block frontage as landscaped.
Response: Block frontage has been labeled as landscaped. Please see attached updated
cover sheet.
3. BMC 38.550.050. – Mandatory landscaping provisions. – The boulevard tree plantings
do not match the approved planting plan for the Baxter Meadows Phase 2A PUD. Please
see images below and update landscaping plan.
Response: Boulevard tree plantings have been updated to match the approved planting
plan for the Baxter Meadows Ph. 2A PUD, however Ash tree species have been
replaced with other acceptable species. Ash trees are no longer permitted for
planting due to susceptibility to the emerald ash borer. Please see attached updated
landscaping plans.
ENGINEERING COMMENTS:
General
1. The subject property is located within the 2002 N 19th & Baxter Intersection Payback
District. The applicant is required to pay any outstanding proportionate share assigned to
the subject property based on the filed payback agreement prior to site plan approval.
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Response: Per the attached email provided by Karl Johnson, the fee for the N. 19th &
Baxter Intersection Payback is $39.35. This fee has been included with this
submittal.
Easements
1. BMC 38.410.060: All public easements must be provided with the Site Plan submittal in
a clean draft format for review. Easements will be deemed inadequate if they are not in a
final draft format (signatures are not required for the draft review). Easements must be
stamped by a licensed professional surveyor. Easements must identify the current
appropriate City officials in signature blocks. Please provide a complete easy to follow
easement package for review. This includes all existing and proposed easements. This
complete package is helpful for tracking purposes.
Response: All easements have been provided and stamped by a licensed professional
surveyor.
2. BMC 38.410.060 (B)(2) Easements -The applicant must show and provide a ten foot
utility easement (power, gas, communication, etc.) along the development’s property
street frontages prior to Site Plan approval. The utility easement must be provided using
the City standard language and be provided for review and approval. The applicant may
contact the Engineering Department to receive a copy of a utility easement template.
Upon approval, the applicant must provide an owner executed original easement to the
City prior to site plan approval.
Response: A ten foot utility easement has been provided along the development’s
property street frontage. The draft easement has been included with the easement
submittal package.
Stormwater
1. BMC 38.410.080
a. Engineering Storm Water Design Calculations – The calculations in the drainage
report do not include all of the developed or regraded contributing area. The
applicant must address all lot areas in the calculations.
Response: All new impervious surfaces direct stormwater to on-site retention ponds.
The only portions of contributing area not included in the report are landscaped
areas that will provide infiltration and a minimal amount of sidewalk which runs off
to landscaped areas. Please refer to the original stormwater design report.
b. DSSP Section II.A.4: The applicant must include a drainage plan 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
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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.
Response: The stormwater design report has been designed to meet the City standard of
capturing the first 0.5 inches of rainfall from a 24-hour storm. All stormwater
runoff will be retained on site. Runoff will be directed to either an underground
Stormtech SC-740 infiltration system or an infiltration basin consisting of oversize
cobbles.
c. DSSP Section II.C: The applicant must provide either onsite retention or on-site
detention with release rates limited to predevelopment runoff rates. Retention
ponds must be sized based on a 10-year, 2-hour storm intensity.
Response: Detention ponds are not proposed. On site retention ponds will be utilized to
retain all stormwater collected on site. Retention ponds have been sized based on
the 10-year, 2-hour storm. Please refer to the original design report.
d. If the applicant intends for a portion of the stormwater runoff generated from the
proposed development to be accounted for within the Subdivision stormwater
management system, the applicant must confirm this is the case and verify current
standards will be met. The applicant must demonstrate that stormwater runoff
discharged off-site is equal to or less than the design capacity reserved in the
subdivision ponds for the subject parcel in the subdivision's stormwater design
report. The applicant must also demonstrate how the first 0.5 inch runoff
reduction requirement is being met.
Response: All stormwater runoff will be retained on site. The applicant does not intend
to utilize the Subdivision stormwater management system. Please refer to the
response for item b. above for clarification on how the first 0.5 inch runoff reduction
requirement is satisfied.
e. The overflow path is not clear for the Basin B infiltration facility. The applicant
must indicate where the retention basins will overflow and where that overflow
discharge will be directed.
Response: The overflow path for Basin B is illustrated in the drawing shown below.
The overflow path flows between the two structures in a generally northwest
direction. The overflow will be directed across the site and will eventually flow into
a curb inlet located in the public R.O.W.
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Water Rights
1. BMC 38.410.130 (A)(1) Water rights - The applicant must contact Griffin Nielsen with
the City Engineering Department to obtain a determination of cash-in-lieu (CIL) of water
rights.
Response: Griffin Nielsen has been contacted regarding CIL-WR. The review is
pending. Please see attached email correspondence regarding CIL-WR.
Water
1. DSSP Fire Service Line Standard - The applicant must prepare plans and specifications
for any fire service line in accordance with the City’s Fire Service Line Policy. The plans
must be prepared by a Professional Engineer and be provided to and approved by the City
Engineer prior to initiation of construction of the fire service or fire protection system.
The applicant must also provide Professional Engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings. Fire
service plans, and domestic services 4” or larger, must be a standalone submittal, separate
from the site plan submittal. City of Bozeman applications for service must be completed
by the applicant.
Response: Plans and specifications for the fire service line will be submitted with the
infrastructure submittal. City of Bozeman applications for service will be
completed by the applicant.
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2. DSSP Section (V)(D) Service Alignment and Location - A minimum of ten feet of
horizontal separation must be maintained between underground water and sewer services
and between these services and any other utilities, structures, and major landscaping
features, including trees. The services must be installed perpendicular to the main up to
the easement line.
Response: City of Bozeman Design Standards specify a minimum distance of ten feet
between water and sewer mains, not services. This item was discussed with Karl
Johnson who approved the services as shown in the original submittal. Please see
attached email correspondence. The services have been updated on the plans to be
installed perpendicular to the main up to the easement line.
3. Applicant is advised to appropriately size the mechanical room to fit the water service
line lay length. Please contact John Alston (jalston@bozeman.net) the City’s water and
sewer superintendent if additional questions arise.
Response: The mechanical room size will be specified by the architect. This comment
has been passed on to the architect.
Wastewater
1. DSSP Section (V)(B) Design Report – The provided sewer demand report must be
signed by a professional engineer.
Response: The sewer demand report has been signed and stamped. Please see attached.
2. BMC 38.410.070 - Services shall not be located in the required lot frontage utility
easement except to cross it upon entering the property.
a. The sewer service from Galloway Street is shown running parallel within the
required utility easement.
Response: The sewer service from Galloway Street has been updated to run
perpendicular to the main up to the utility easement. Please see attached updated
site plan (Sht C1.0).
b. All existing services or stubs that are not utilized for service upon development of
the subject property must be properly abandoned at the main.
Response: Any existing services or stubs not utilized will be properly abandoned at the
main.
3. BMC 38.410.070 - The proposed project is located within the service area of the Baxter
Meadows Lift Station. The proposed project may not exceed the lift station capacity
reserved for the subject property without an upgrade to the existing lift station and
associated force main. The applicant must demonstrate that the peak-hour wastewater
flow from the proposed project is equal to or less than the design capacity reserved for
the parcel in the subdivision's wastewater design report.
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Response: The proposed project will not exceed the lift station capacity reserved for the
subject property. According to the wastewater design report, the subject property
will contribute flow to Interceptor 3, which consists of a 15-inch sanitary sewer main
along the northern end and a 12-inch main on the southern end. Interceptor 3 has a
required capacity of 0.97 CFS. Although there is no mention of the subject property
in the design report, the anticipated flows due to the development amount to 0.016
CFS. This is a minimal flow that accounts for approximately 1.6% of the required
flow for Interceptor 3. The Baxter Meadows Wastewater Design Report has been
included with this submittal.
Lighting
1. DSSP Standard Specifications for Lighting Materials and Installation Section XII –
The intersection of Vaquero Parkway and Galloway Street must have a city standard
street lighting be installed per DSSP Section XII. Applicant is informed that some
existing street lighting components may already be in place at this intersection (pole
bases, conduit, etc.) for use as appropriate. The required intersection street light(s) shall
be shown on the plans prior to site plan approval.
Response: It is our opinion that installation of the street light at the intersection of
Vaquero Parkway and Galloway Street should not be the responsibility of the
owner. There is a much larger development adjacent to The Flats that was not
required to bear any of the cost for the light pole installation. We are working with
the City to determine who should be responsible for installing the street light.
2. DSSP Standard Specifications for Lighting Materials and Installation Section III –
The applicant is advised all proposed street, pedestrian and pathway lighting shall be
operated and maintained through the creation of a new SILD, through the annexation to
an existing SILD, or through some other equivalent means approved by the City of
Bozeman. The approval to create or annex to an SILD shall be granted prior to
Occupancy.
Response: Please refer to the response from Item #1 above.
3. The applicant is advised that the lighting improvements will need to be reviewed as a
separate infrastructure submittal. The site plan can be approved prior to infrastructure
review, however, the following requirements must be satisfied with the infrastructure
submittal. DSSP Section XVIII Submittal Requirements:
a. For Street Lighting submittals, provide luminaire cut sheets showing compliance
with Table B. New Construction Lighting Design Guidance and Section XIII.
Streetlight Luminaires.
Response: Please refer to the response from Item #1 above.
b. For Pedestrian Lighting submittals, provide a Photometric Plan for new
installations showing compliance with Table C. Pedestrian Lighting Guidance.
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Also provide luminaire cut sheets showing compliance with Section XIV.
Pedestrian Luminaires.
Response: Please refer to the response from Item #1 above.
c. Lighting calculations showing roadway luminance (comply with Table B),
intersection illuminance (comply with Table A), sidewalk illuminance (Section
XII – D), and light trespass (Section XII – D).
Response: Please refer to the response from Item #1 above.
d. The applicant is advised a Roadway Luminaire Submittal Form (contained within
the DSSP) will be required with infrastructure review. The applicant is advised
that the lighting improvements will need to be reviewed as a separate
infrastructure submittal. The following requirements must be satisfied with the
infrastructure submittal.
Response: Please refer to the response from Item #1 above.
Conditions of Approval
1. 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 (SIDs) or special districts for the following if they do not
already exist:
a) Street improvements to Davis Lane including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
b) Street improvements to Cattail Street including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
c) Intersection Improvements to Cattail Street and Davis Lane.
d) Intersection Improvements to Cattail Street and Ferguson Avenue.
The document filed must specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development,
or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to Site
Plan Approval.
Response: A draft document of the SID waiver has been included with this submittal.
The SID waiver will be filed with the County Clerk and Recorder’s office prior to
Site Plan Approval.
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Building Division
1. Provide an additional Fire-separation page. Detailing out the Fire-separation wall
construction. Detail continuous separation at wall junctions, floor framing, stairs alone
wall. Per 2018 IBC Chapter 7 (At Building permit submittal For Review)
Response: Please see attached email correspondence from Dzyn2 Architects regarding
Building Division comments.
2. Live/ Work Units Required to be in accordance with the 2018 IBC Section 419
Response: Please see attached email correspondence from Dzyn2 Architects regarding
Building Division comments.
3. Live/ Work Units R-2 Occupancy Per Section 310.3 / B Occupancy
Response: Please see attached email correspondence from Dzyn2 Architects regarding
Building Division comments.
4. B occupancy shall require Bathroom facilities, unless the it’s a Private office and not
intended for common or public use. 2018 IBC Section 1109.2
Response: Please see attached email correspondence from Dzyn2 Architects regarding
Building Division comments.
5. 1st floor Bathrooms required to be in accordance with ICC A117.1-2009 Per Chapter 6
Response: Please see attached email correspondence from Dzyn2 Architects regarding
Building Division comments.
NWE
1. Please note Daniel Wussow is now the NWE project engineer for this project.
Response: Applicant acknowledges this comment.
2. Per the question: Gas service is not being requested. Can same trench be used for
Data/Comm Lines? Would Data/Comm lines need to be installed in a conduit in NW
Energy Electrical Trench? (D2) Electric and Data/Communications lines can be installed
in the same trench. Normally Data/Comm lines are direct bury not in conduit.
Response: Applicant acknowledges this comment.
3. Applicant is showing one transformer on the east side of the development. As stated in
previous comments the existing site has gas and electric along the east side of the
property but no junction can to extend primary to install a transformer. There is a three
phase electric junction can located at the northeast corner of the property near the parking
lot. This junction can is the best location to extend primary to locate a transformer on the
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north side of the property for the north building, 2352. The best place to install the
electric meters would be on the east side of the building between entry door 14 and the
window labeled 14C. Primary could then be extended from the same junction can to the
west then south along Vaquero Parkway to a point close to the northwest corner of the
south building, 2350. The best place to install the electric meters would be on the north
wall between the corner of the building and window labeled 62D.
Response: Applicant acknowledges this comment.
4. Service & Meter Location. 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 and allow easy access to the meters for operation and
maintenance. Applicant is showing nine electric meters. To meet NWE standards the
meter stack will need to be three meters high and three meters long, with the centerline of
the center meters set at a minimum of 5ft to a maximum of 6ft from the finished grade.
Response: Applicant acknowledges this comment.
5. 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.
Response: An application for service will be submitted at a future date.
Solid Waste Division
1. If using individual residential totes emptied at the garage sites then the plan is ok.
If however a shared dumpster is to be used then the following would apply.
1. Need to identify location of refuse enclosure.
2. Need detailed plan for refuse enclosure.
Response: A shared dumpster will be used. The location of the refuse enclosure is
shown on Sheet A0.01 of the architectural plans along with a perspective elevation.
Water Conservation
The Water Conservation Division appreciates the use of drought tolerant plant species within the
landscape plan. The following recommendations to The Flats project plan are provided to
maximize landscape health and resiliency while minimizing outdoor water consumption.
Adhering to these recommendations is not required to receive plan approval.
1. It is recommended that the landscape design plan indicate the total landscaped area (ft2)
and the percentage of area containing shrubs, trees, and perennials.
Response: See irrigation calculations, sheet L102.
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2. Reduce the use of Kentucky bluegrass within areas surrounded by pavement and/or
parking spaces and install native seed mix and/or drought tolerant plants/shrubs in these
areas.
Response: Kentucky bluegrass lawn has been limited to boulevards and open space
areas. Areas surrounded by hardscape and buildings have been primarily planted
with drought tolerant shrubs, grasses and perennials.
3. It is recommended that perennials, shrubs, and trees be irrigated using low flow drip
irrigation technology.
Response: See irrigation calculations, sheet L102.
4. It is recommended that water efficient sprinkler nozzles (multi-spray, multi-trajectory
nozzles or ‘rotary nozzles’) be installed if overhead irrigation is to be used within turf
grass lawn areas.
Response: See irrigation calculations, sheet L102.
5. Specify the installation of a weather based irrigation controller and rain/freeze sensor that
can automatically adjust the watering schedule according to local weather events.
Response: See irrigation calculations, sheet L102.
These divisions did not provide comments, contact reviewers directly with questions.
1. Fire Department, Scott Mueller, smueller@bozeman.net, 406-582-2382
2. Parks and Recreation; Addi Jadin, ajadin@bozeman.net, 406-582-2908
3. Sustainability Division; Natalie Meyer, nmeyer@bozeman.net, 406-582-2317
4. Stormwater Division; Kayla Mehrens, kmehrens@bozeman.net, 406-582-2270
5. Water and Sewer Division; John Alston, jalston@bozeman.net, 406-582-3200
6. 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.
END OF NARRATIVE