HomeMy WebLinkAbout002 RESPONSE NARRATIVE9TEN Mixed-Use, Site Plan Application 21351
2021-12-01
NARRATIVE RESPONSE TO DRC AND ENGINEERING REVIEW COMMENTS
DRC COMMENTS
Section 3 – REQUIRED CODE CORRECTIONS
PLANNING COMMENTS:
1. BMC 38.220.080. – Site plan submittal:
a. The applicant indicated that the project is to be constructed as one phase. For final occupancy,
this means that one building may not be occupied while the other building is under
construction. Please confirm that is the intention. If phased occupancy is desired, please
provide a phasing plan that includes the entire site and off-site infrastructure.
RESPONSE: Project will be delivered in three phases. Please see updated narrative and sheet
SP103 for phasing information.
a. Only one trash enclosure and one cluster mailbox is proposed, one on each lot, for the
two lots. Provide draft condominium documents or some other legal framework ensuring
access to these services from each lot.
RESPONSE: Condominium documents will ensure that building tenants will have access to
amenity spaces, common areas, mail, trash services, and other common elements.
2. BMC 38.350.050 – Setback and height encroachments, limitations, exceptions. The
site plan shows doors swinging out onto the public right of way along the commercial
storefront. This is against adopted building code, please reach out to Ben Abbey with any
questions (contact details below). Staff usually recommends a minimum 1-foot setback for
buildings with storefront placement to account for minor overhangs like exterior lighting,
architectural features, and door swing. The canopy weather protection may encroach into
the public right of way, but an encroachment permit from Engineering will be required.
RESPONSE: Commercial space door swings and storefront configurations have been updated.
Please see updated A201S and A300S. Acknowledged – applicant will apply for an
encroachment permit.
3. BMC 38.520.060 – On-site residential and commercial open space:
a. Provide a separate calculation for each building. Show required and provided for each lot.
RESPONSE: Please see updated SP000 and SP100.
b. Provide a label for each open space, (for example OS A, OS B, etc.) and key those labels
to the cover sheet calculation. For example, OS A-South & OS A-North (Ground Level
Open Space) = 4,039 Sq. Ft.
RESPONSE: Please see updated SP000 and SP100.
c. Delineate boundary lines for each ground level open space on the plans, and show
dimensions. Shared open space must feature no dimension less than 15 feet in order to
provide functional leisure or recreational activity.
RESPONSE: Please see updated SP100.
d. Shared open space must be separated from ground level windows, streets, service areas and
parking lots via landscaping, fencing, and/or other acceptable treatments that enhance
safety and privacy for both the shared open space and dwelling units. Both ground level
residential plazas are adjacent to parking areas, provide an effective separation, or show
boundaries that do not include areas directly adjacent to parking.
RESPONSE: Boundary lines have been updated and landscaping planters were added to
provide physical and visual separation from the adjacent parking area. Please see
updated SP100 and landscaping plans.
e. The area labeled “Res Open Space 574 SF” on the east side of the south building is entirely
within a planting bed according to the landscaping plans. Open space areas must be usable
and not within planting beds.
RESPONSE: Area has been omitted from open space calculations. Please see updated
SP100.
f. The common areas labeled Entry Lobby & Lounge and Tenant Bike/Storage are proposed
to count towards required open space. This section of the code requires indoor recreations
areas meet the following “The space must be designed specifically to serve interior
recreational functions and not merely be leftover unrentable area used to meet the open
space requirement. Such space must include amenities and design elements that will
encourage use by residents.” Provide further details on these areas and how they meet this
section of the code.
RESPONSE: Entry Lobby and Lounge areas will be furnished to encourage and promote
use by the building tenants in the form of gathering and socializing spaces. Proposed
Tenant Bike/Storage areas will contain bike maintenance stands, and a work bench
area with shared hand tools in addition to tenant storage lockers and indoor bike
storage. As discussed with the project planner in a meeting on October 18, 2021, the
proposed amenity space will be open for use by the building residents as a resource to
be reserved for parties or gatherings, or alternately would be reservable for use by
guests of the building tenants for overnight and short-term stays. These spaces would
be made available to all residents as common shared elements, and managed and
maintained by the HOA association. This common use will be outlined and defined in the
condominium documents, in addition to rental and management specifics. Please see
updated SP201N and SP201S sheets and Appendix H.
4. BMC 38.540.050.A.4 – Bicycle Parking Requirements. The exterior bicycle parking
spaces do not meet the required dimensions in this section to park as many bicycles as is
stated in the application. Please revise according to this section. Please also provide a detail
of interior bike parking showing the mounting/storage method, and a count of bicycles able
to fit within the room.
RESPONSE: Space has been provided for 12 outdoor bicycles (6 racks provided), and 92 interior
bicycles (42 spaces in each building). Please see updated L100, SP201N, and SP201S sheets and
Appendix H.
5. BMC 38.570.040.G.5 – Site Lighting. All outdoor lighting must be designed and located
such that the maximum illumination measured in footcandles at the property line may not
exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties
and public rights-of-way. The application is exceeding 1footcandle at the west property line.
RESPONSE: Please see updated ES1.2 and ES1.3 sheets
ADVISORY COMMENTS
1. The adjacent property owner to the west has inquired about fence replacement
where adjacent projects along Durston and 12th have resulted in damage or removal
of their fence. Staff highly recommends the applicant reach out to the adjacent
pasture’s owner prior to commencing work to coordinate on the fence. I would be
happy to put you in touch.
RESPONSE: Acknowledged.
ENGINEERING COMMENTS, Alicia Paz-Solis, apazsolis@bozeman.net
1. See Attached Memo
Responses to Engineering Comments are under separate cover.
SOLID WASTE COMMENTS, Russ Ward, rward@bozeman.net
1. Need 50 foot minimum approach to front of refuse container, delineate on the plan.
RESPONSE: Please see updated C3.1.
FORESTRY COMMENTS, Alex Nordquest, anordquest@bozeman.net
1. L001: Please specify a cultivar for Honeylocust trees. Certain varieties are more susceptible
to canker diseases in our climate.
RESPONSE: Shademaster Honeylocust is being specified.
2. L001: The Forestry Division strongly recommends a substitution for ‘Lewis & Clark’
Prairie Expedition Elm. This cultivar is susceptible to European Elm Scale. Preferred
substitutes include Accolade, Triumph, Commendation, and Discovery.
RESPONSE: Accolade Elm is being specified.
3. L000: No boulevard trees may be planted within street vision triangle (west end of Aspen
St.).
RESPONSE: Tree has been moved to the east outside of the street vision triangle.
BUILDING COMMENTS, Ben Abbey, babbey@bozeman.net
· The future development of the commercial space of the South Bldg will be a separate
building permit from the Shell/R-2 Dwellings if applied prior, during, or after
construction.
RESPONSE: Acknowledged.
· Design standard for Accessibilities requirements shall comply with Chapters 11 of the
2018 IBC and ICC A117.1-2009
RESPONSE: Acknowledged.
· For building permit submittal please provide enlarged detailed drawings of
Accessibilities requirements for the Type A and Type B showing, clearances, reach,
height’s, controls, etc…
RESPONSE: Acknowledged.
· All dwellings are considered to be Type B on all floors.
RESPONSE: Acknowledged.
· Any spray Foam products are required to be installed according to their listing and
manufacture’s specifications. This can include thermal barrier requirements allowed
within the IBC. Intumescent coatings or paints are require approval from Building and
require special inspections from a certified third party.
RESPONSE: Acknowledged.
NWE COMMENTS, Thomas Stewart, thomas.stewart@northwestern.com
NWE Project Engineer Kory Graham Kory.Graham@northwestern.com
· The Civil Site & Utility plan as well as the Architectural Site plan show relocating the
overhead power line. This overhead line is a 50kV transmission line with 12kV
distribution underbuild. Relocating this line will require a full engineering design to
determine if it can be moved. The cost to relocate this section of line may prove to be
cost prohibitive. Northwestern Energy reserves the right to charge for a preliminary
engineering relocate design.
RESPONSE: Applicant is working with NorthWestern Energy to determine a mutually
acceptable solution, and to determine if relocating lines as shown on the site plan is a
possibility. The applicant that a modification to the Site Plan application may be
necessary if the site plan and parking configuration were to be amended.
· The Civil Site & Utility plan as well as the Architectural Site plan show the new
buildings being constructed within close proximity this existing utility line. Per NWE
standards based on 2017 NESC with a design clearance adder the minimum design
clearance between conductors and the buildings is, Horizontal clearance to the outer
conductor of 7.5 feet to the edge of the finished building and 10.5 feet for when
performing construction for the construction workers. If these clearances cannot be
obtained other alternatives need to be addressed to avoid any clearance issues and
assure safety during construction and for future maintenance on the building. The
minimum Vertical clearance from the highest point on the rooftop or wall clearance to
the lowest conductor during worst case design application scenario is, 17-feet. Both
cases need to be reviewed and analyzed by a NWE engineer to assure the existing
conductors meet or exceed the required NWE clearance requirements during worst case
applications.
RESPONSE: Buildings are located greater than 25’-0” from the western edge of the
proposed utility easement.
· Service & Meter Location. Shown on the Civil Site & Utility plan the electric and gas
meters located two different walls. This will have to go through a NWE engineering
review. Northwestern Energy’s standard is 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.
RESPONSE: 4’-0” of clearance has been given from the front of the meter to the
landscape screening. See updated C3.1, L000, and SP100.
· Gas meters. The following applies to all buildings in regards 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.
RESPONSE: See updated C3.1 and SP100.
· Where multiple units 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.
RESPONSE: See updated C3.1 and SP100.
· 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.
RESPONSE: Acknowledged.
· Applicant needs to show proposed meter screening methods for the NWE engineer to
review. If using a screening wall a drawing of the screening wall need to be reviewed
and approved by NWE for underground utility installation under the wall and access
for operation and maintenance lines and equipment.
RESPONSE: Landscape screening is proposed.
Screening Walls.
o Gas service cannot penetrate foundation walls that are attached to the building
foundation per the International Fuel Code. Gas riser need to penetrate the
building above ground. However, if the foundation is not attached to the
building i.e. the foundation wall is isolated from the building for just supporting
the wall, this is acceptable.
o If this is a free standing foundation wall, a knock-out must be provided that is
a min of 2’x2’ but may be required that the knockout be larger on the electric
service depending on the meter base amperage. Consult NWE for proper sizing
of knock-out
o Contact NWE for placement of knock-out to insure that it lines up properly with
the termination location to prevent bends in the gas or electric services.
o Screening must meet the clear zone requirement of NWE Electric Service
Requirements which typically for commercial application is 48” from the face
of the electric meter. See meter location comment.
o Gas meter cannot be located in recessed location where it is not open
atmosphere above the meter without approval from NWE.
o Screening cannot consist of rolling doors or other devices that are required to
be open to access the meters.
RESPONSE: Acknowledged.
· Transformer location to a structure. If the buildings will be requiring 3 phase power a
transformer pad site should be planned. Normally, large apartment complexes will
require a three phase transformer to meet the demand. Typical 3-phase pad is going to
be a 7’x7’ pad. 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 and 10-feet of clearance is required on the front side of the pad, where the
transformer doors are located. 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. All
distances are referenced to the edge of the pad. For 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. 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 such services. It is important to submit an application to NWE
and provide the calculated loads as soon as possible to avoid any delays. The NWE
project engineer will help to determine the appropriate location for the transformer.
RESPONSE: No trees are located within 10’-0” of the transformer. 4’-0” of clearance
between landscape plants and transformer is provided.
· Landscaping plan shows what could be larger trees within the utility easement. NWE
does not allow large, deep rooted trees 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. Also shown on the landscape plan is shrubs or
hedges along the structures where meters will need to be installed. The area around and
in front of the meters has to meet NWE standards. See comment per meter location.
RESPONSE: Tree has been removed out of utility easement.
· Utility extension & utility easements. Any extension of gas main or electric primary
will need to be installed within an easement. A minimum of a 10-foot easement is
required. To establish the needed internal utility easement locations the NWE project
engineer will help to establish these locations. If an easement shall need to cross
property other than the applicants, negotiations and costs between other landowners for
such easements is entirely the applicant’s responsibility.
RESPONSE: Acknowledged.
· Transformer location to a structure. Depending on the total electric loads for the two
builds combined, one transformer may be sufficient to provide the needed services.
This will be determined by the NWE project engineer. If the buildings will be requiring
3 phase power a transformer pad site should be planned. Typical 3-phase pad is going
to be a 7’x7’ pad. 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 and 10-feet of clearance is required on the front side of the pad, where the
transformer doors are located. 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. As
shown on the Overall Utility Plan, the transformer will meet or exceed the 10-ft
requirement. All distances are referenced to the edge of the pad. For 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. 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 such services. It is important to submit an application
to NWE and provide the calculated loads as soon as possible to avoid any delays. The
NWE project engineer will help to determine the appropriate location for the
transformer.
RESPONSE: No trees are located within 10’-0” of the transformer. 4’-0” of clearance
between landscape plants and transformer is provided.
· 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. 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. 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: Landscape screening is proposed. 4’-0” of clearance between landscape
plants and meter and cabinet is provided.
· 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.
· Meter Screening Walls.
o Gas service cannot penetrate foundation walls that are attached to the building
foundation per the International Fuel Code. Gas riser need to penetrate the
building above ground. However, if the foundation is not attached to the
building (i.e. the foundation wall is isolated from the building for just
supporting the wall this is acceptable.
o If this is a free standing foundation wall, a knock-out must be provided that is
a min of 2’x2’ but may be required that the knockout be larger on the electric
service depending on the meter base amperage. Consult NWE for proper sizing
of knock-out
o Contact NWE for placement of knock-out to insure that it lines up properly with
the termination location to prevent bends in the service
o Screening must meet the clear zone requirement of NWE Electric Service
Requirements which typically for commercial application is 48” from the face
of the electric meter.
o Gas meter cannot be located in recessed location where it is not open
atmosphere above the meter without approval from NWE.
o Screening cannot consist of rolling doors or other devices that are required to
be open to access the meters.
RESPONSE: Landscape screening is proposed. 4’-0” of clearance between landscape
plants and meter is provided.
· 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.
RESPONSE: No large or deep-rooted trees are proposed in the utility easement.
· 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: Clearance between landscape plants and transformer is provided.
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: Application has been submitted to NorthWestern Energy and the applicant is
currently working with NWE engineer Kory Graham.
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 www.bozeman.net .
RESPONSE: Acknowledged.