HomeMy WebLinkAbout04_Lmbryd CONR Responses
Plan Review - Review Comments Report
Project Name: 22095 The Lumberyard CONR
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REVIEW COMMENTS
REF
# CYCLE REVIEWED
BY TYPE FILENAME DISCUSSION STATUS
1 CD
Technician
Jonathan
Fuller
6/7/22 4:28
PM
Checklist Item
Missing First page of the Concept Review Application filled out found at:
https://www.bozeman.net/home/showpublisheddocument/650/637769762334000000
Responsed by: Lee Elder -
6/7/22 4:46 PM
Added 001_CONR_APP.
Resolved
2 1 Solid Waste
Russell Ward
6/15/22 2:33
PM
Changemark
SLD Waste
1. need 50 foot straight approach to front of refuse enclosure.
2. no curbing allowed within the 50 foot straight approach must be at street level.
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
Acknowledged, curb shown
in front of the trash loading
area will be laid down to be
flush with street level. Trash
will be rolled out to loading
area on trash day by the
property manager.
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3 1 Solid Waste
Russell Ward
6/15/22 2:33
PM
Changemark
SLD Waste
1. on BLDGS 1,2,3,4,5 if using a trash room it needs to be written into covenants that it is
managements responsibility to move refuse containers to tip pad on collection days. 2.
the tip pads will need to be heated.
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
BLDGS 1,2,3,4,5 will have a
trash room with garage
door for roll-out bins.
Clubhouse will have a small
recycle and trash bin in the
maintenance room to roll
out on trash day.
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4 1 Solid Waste
Russell Ward
6/15/22 2:37
PM
Changemark
SLD Waste
need detailed plan for refuse enclosure refuse enclosure will need to be covered
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
N/A – All trash will be
stored in interior trash
rooms, no exterior refuse
enclosures.
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5 1 Planning
Susana
Montana
6/17/22 3:36
PM
Changemark
ground floor entrances to face street
22095; The Lumberyard CONR
04_Block Frontage
Classification.pdf
1. A Common
Boundary
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Plan Review - Review Comments Report
Project Name: 22095 The Lumberyard CONR
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1. Correct Site boundaries. Please provide a copy of the current, recorded subdivision plat
and highlight the lot and blocks to be included in the application. Any site plan for this
proposal can be reviewed concurrently with a Subdivision Exemption application to re-
arrange lot lines but cannot be approved prior to recordation of that amended plat.
2. Land Use. The property is designated â Community Commercial Mixed Useâ on
the Bozeman Community Plan Future Land Use Map (FLUM). The Site is zoned B-2,
Community Business District and has a 2007-adopted PT Planned Unit Development
(PUD) overlay. The PT PUD was adopted in 2007, Project No. Z-06230, and was amended
in 2008. The PUD establishes the Site and PUD plan area for commercial uses and
purposes with open space lots provided on the wetlands (see att ached PUD land use
map). The residential uses of The Lumberyard proposal are not allowed by the
commercial land use designations of the PUD. A PUD amendment would be required to
permit residential use within the proposed Lot 1, Block 2 and Lot 1A, Block
3. When you amend the PUD ordinance to allow residential uses, be sure to include
definitions of the various types of dwellings you wish to provide, such as â micro
unitsâ , â carriage houseâ , apartment buildings and â live-work unitsâ if
your live-work units differ from the definition in UDC 38.700.110. Note the UDC
38.700.020 definition of Apartment Building. What you are proposing are a series of
apartment buildings. You will want to request relaxation from the Conditional Use
requirement for apartment buildings and for ground floor residential, per Table
38.310.040.C; you would ask that they are permitted as a principal use. The Lumberyard
Studios project would have accessory spaces on each floor for residents (of that floor, I
assume) to use and enjoy. The dwellings of that project must have their own sanitary
(bathroom) and cooking facilities to be deemed a dwelling unit per 38.700.050 and the
International Building Code definition: â A single unit providing complete, independent
living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.â When you amend the PUD to allow the
housing, you may want to amend the PUD design standards and block frontage
standards to match your â streetscape approachâ , at least for your Lumberyard
subarea of the overall PT PUD. Note that the current PUD regulations of the Bozeman
Municipal Code (BMC) Unified Development Code (UDC) is under consideration to be
replaced by a new set of options called â Planned Development Zonesâ created to
â Provide community benefits through the creation of affordable housing, inclusion of
environmentally sustainable design features, and retention of historic structuresâ . The
2007 PT PUD would be deemed an â Individual Legacy Planned Unit Developmentâ
which would be governed by, and may be amended pursuant to the rules regarding PUDs
in effect prior to the effective date of the new PDZ ordinance. You will want to add a
Relocation was
completed in April
2023.
2. The property
zoning has been
changed to B-2M
allowing residential
uses. Additionally,
the property was
removed from the
PUD in 2023.
3. We are only
submitting for the
multifamily project
on the East Block,
now. The other
parcel is being sold
to an affordable
housing developer.
Plan Review - Review Comments Report
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relaxation to the UDC 38.400.090 access standard as part of the PUD amendment. You
must demonstrate that the new design is superior to the UDC standard and positively
addresses the health and safety of the site and neighborhood. If you vary from the UDC
parking requirements of 38.540, such as your on-street parking length standard of
38.540.050.A.1.a(1), you will want to add those relaxations to the PUD amendment
application. As a â Legacyâ PUD amendment, in order to qualify for any additional
UDC relaxations, per UDC 38.430.A.4.c, you must demonstrate in your application
narrative that the alternative standard would produce a product/design superior to the
UDC standard. If you do qualify to ask for the relaxation(s), you must also meet the PUD
Performance Standards of 38.430.090.E.2.a (7). 3. Site Plan Applications. You propose to
develop the project in three subareas and three separate site plan applications. Will you
submit the three simultaneously? If you seek to phase the development of the Site into
three phases, you must submit a Master Site Plan for the three phases. You may also
submit your first phase individual site plan per 38.220.080 and 100 and, for the wetland
areas, submit materials per 38.220.020 and 130. We would review the Master Site Plan
and Phase 1 site plan concurrently. The Master Site Plan is effective for up to 5 years and
each Site Plan is effective for 1 year per 38.230.140.
4. Block Frontage design standards. The frontages of all streets bordering the Site are
designated â Otherâ and must follow the block frontage design parameters of the
UDC Table 38.510.030.G. The 10â setback must be landscaped. Ground floor
residential units must meet the Special Residential Block Frontage standards of UDC
38.510.030.J.
5. Table 38.320.050, 15â floor to floor height. See Note 21 for the definition of Floor to
Floor heights which apply only to the ground floor commercial space.
6. Note that the 10â utility easement has nothing to do with block frontage
designations. To the extent that a 10â utility easement is situated along the street
frontage and utilities are placed therein, landscaping must be placed therein in such a
way to avoid underground utility lines (see 38.550.050.K, Coordination with utilities).
7. Overlay Districts. Signal Payback District, Street Light District, and Midtown Urban
Renewal District. Please provide a map exhibit showing the Farmers Canal easement in
relation to the Block 2 properties, per 38.410.060.D.
8. Road classifications: Patrick, N. 14th Avenue and Tschache are local streets. N. 11th
Avenue, N.15th Avenue and Baxter are collectors.
4. Understood, all
frontages will be
“Landscape” Block
frontage.
5. Understood, floor-
to-floor heights will
be per UDC
38.320.050
Plan Review - Review Comments Report
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9. 38.410.100 Watercourse setbacks, Wetlands delineation. Regarding development of
Block 2, we will need a wetlands delineation report for the Master Site Plan with enough
detail as to the location of the wetlands and the PUD-required 35-foot watercourse
setback to be able to use for the individual subarea site plans.
10. Housing affordability. Since the dwelling units of the Studio project are small, it seems
appropriate to office common open space for those tenants. The Lot 1A, Block 3 open
space and recreation facility is some distance from the Studio building, Are those facilities
offered to the Studio tenants at no additional cost (other than their rents)? Attachments:
1. PUD land use map 2. PUD recorded relaxations and conditions 3. PUD ordinance
No mixed-use or
commercial
buildings are
proposed so
38.320.050 does
not apply
6. Landscaping within
the 10’ utility
easement has been
designed to not
interfere with
utilities.
7. The Farmer’s Canal
Easement is not
located on the
Lumberyard Flats
property. It
appears that it is
located
approximately 100’
feet west of the
property on the
existing
watercourse off-
site.
8. Acknowledged. All
site access will be
from local streets.
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9. The previous
property owner
obtained a permit
from the Army
Corps of Engineers
to modify existing
wetlands in this
area. The City
reviewed this
wetland permit and
the work was
completed in 2021.
As of completion of
this work, there are
no wetlands within
the Lumberyard
Flats property or
adjacent streets.
Additionally, Block
2 is not a part of
the Lumberyard
Flats project.
10. The former Studio
and Office project
is now 14th and
Patrick Affordable
Housing, located
on Lot 1, Block 2 of
PT Land Phase 2
Subdivision.
6 1 Planning
Susana
Montana
6/17/22 3:38
PM
Changemark
Planning comment attachments PUD
The PUD documents are in PDF format so I will attach them to the City Document folder.
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
Thank you. The Lumberyard
Flats property (Block 2 and
3) has been removed from
the PUD.
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Plan Review - Review Comments Report
Project Name: 22095 The Lumberyard CONR
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7 1 Engineering
Suzanne
Ryan
6/23/22 1:55
PM
Library Comment
DSSP Section V.A. - A water design report must be prepared by a professional engineer
for the proposed project. The water distribution system must be designed to meet the
maximum day demand plus fire flow and the peak hour demand.
Acknowledged. This
information is provided with
the Site Plan submittal.
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8 1 Engineering
Suzanne
Ryan
6/23/22 1:55
PM
Library Comment
DSSP Section V. B. - Sanitary Sewer System Design Criteria: The applicant must provide an
estimate of the peak-hour sanitary sewer demand certified by a professional engineer for
the proposed project prior to site plan approval.
Acknowledged. This
information is provided with
the Site Plan submittal.
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9 1 Engineering
Suzanne
Ryan
6/23/22 1:56
PM
Library Comment
BMC 40.04.530 - Watercourse Protection: Where a development is crossed by or is
adjacent to a watercourse, the developer must mitigate the impacts of the development
on the watercourse.
The previous property
owner obtained a permit
from the Army Corps of
Engineers to modify existing
wetlands in this area. The
City reviewed this wetland
permit and the work was
completed in 2021. As of
completion of this work,
there are no wetlands or
watercourses within the
Lumberyard Flats property
or adjacent streets. The 50’
watercourse setback does
not enter the Lumberyard
Flats property.
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10 1 Engineering
Suzanne
Ryan
6/23/22 1:56
PM
Library Comment
DSSP Section II A. 4. - The applicant must include a storm 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.
The existing stormwater
ponds were completed with
the road construction
project. These ponds were
designed to mitigate storm
runoff from the off-site
streets and the Lumberyard
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Plan Review - Review Comments Report
Project Name: 22095 The Lumberyard CONR
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Flats property and have
been approved by the COB
Engineering Department.
The design report is
included with the Site Plan
submittal.
11 1 Engineering
Suzanne
Ryan
6/23/22 1:56
PM
Library Comment
Montana Post Construction Storm Water BMP Design Manual - The proposed project is
located in an area that is known to have seasonally high groundwater. The applicant must
demonstrate that seasonal high groundwater will not impact the function or maintenance
of the proposed facilities. Industry guidance recommends a three-foot minimum
separation from the bottom of the proposed facility to the underlying groundwater table.
The applicant must provide local seasonal high groundwater elevations to support the
proposed design.
See above response.
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12 1 Engineering
Suzanne
Ryan
6/23/22 1:57
PM
Library Comment
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) on City
standard record Form. DRAFT
Waivers of Right to Protest
Creation of Special
Improvement Districts will
be executed prior to Site
Plan Approval. The specific
improvements will be
identified during Site Plan
Review.
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13 1 Engineering
Suzanne
Ryan
6/23/22 1:57
PM
Library Comment
DSSP Plans and Specifications Review Policy A. -Plans, specifications, and submittals for
public infrastructure improvements must be submitted to the City Engineering
Department (engsubmittals@bozeman.net) for infrastructure review. (List Improvements)
Acknowledged.
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14 1 Engineering
Suzanne
Ryan
6/23/22 1:57
PM
Library Comment
DSSP Fire Service Line Standard - Plans, specifications, and submittals for all fire service
lines greater than 4 inches in diameter must be submitted to the City Engineering
Department (engsubmittals@bozeman.net) for review.
Acknowledged.
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16 1 Engineering
Suzanne
Ryan
6/23/22 1:57
PM
Library Comment
BMC 38.410.130 - Water Rights - 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 site plan approval.
Acknowledged. Contacted
Griffin Nielsen and received
guidance from him that he
would be performing the
official water
adequacy/CILWR fee
determination with the site
plan review. As such, he
requested we go ahead and
submit the applications
without the CILWR
determination.
Correspondence with Griffin
Nielsen is included as an
exhibit in the application,
for reference. . CILWR will
be paid prior to Site Plan
Approval.
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17 1 Engineering
Suzanne
Ryan
6/23/22 1:57
PM
Library Comment
BMC 38.410.060 - Easements: All Easements indicated below must be provided on city
standard easements templates. Drafts must be prepared for review and approval by the
city with site plan submittal. Signed hard copies of the easements must be submitted to
the city prior to site plan approval. The applicant may contact the review engineer to
receive standard templates. (the City Standard Easement Templates are attached with this
transmittal.)
Acknowledged. Executed
easements will be provided
to the City prior to Site Plan
approval.
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18 1 Engineering
Suzanne
Ryan
6/23/22 1:57
PM
Library Comment
The subject property is located within the Baxter Lane Hampton Water Loop payback
district boundary. If the subject property did not participate in the original cost of
construction of improvements the subject property will be accessed a payback charge
prior to (planning application approval). Reference document (paste link).
Acknowledged.
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19 1 Engineering
Suzanne
Ryan
Library Comment
The applicant is advised that the proposed project falls within the Bozeman Solvent Site
boundary. The applicant must contact the City's solvent site consultant, Jim Sullivan, the
Acknowledged. Because of
this all irrigation on site will
be from City water.
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Plan Review - Review Comments Report
Project Name: 22095 The Lumberyard CONR
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6/23/22 1:57
PM
Principal Engineer at Tasman Geosciences, Inc. and the DEQ project manager, Katy Frye
for additional information on construction requirements within the solvent site.
21 1 Engineering
Suzanne
Ryan
6/23/22 1:57
PM
Library Comment
BMC 38.270.020 - Construction Routes: A construction route map must be provided
showing how materials and heavy equipment will travel to and from the site.
Acknowledged. This
information is provided with
the Site Plan submittal.
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22 1 Water and
Sewer
Division
Nick Pericich
6/30/22 8:12
AM
Changemark
W/S Pressure zones
There are three different pressure zones surrounding this project. The water services you
show in the change mark area are better served by a lower pressure zone than what you
show on these plans. The pressure on the south zone at that boundary is around 165-170
psi. If you want to have a greater discussion about is going on in this area, I'm happy to
schedule a meeting with you.
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
Acknowledged. All buildings
are served off of the lower
pressure zone.
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23 1 Stormwater
Division
Adam Oliver
7/1/22 11:52
AM
Changemark
STORM
This drainage easement along the east side of the site needs to be addressed. Currently, it
dead ends or flows over the Tschache right of way, but it needs to be conveyed
appropriately. Access for maintenance and clearance from trees to stormwater mains will
also need to be considered.
07_Stormwater Concept
Strategy_CONCEPT.pdf
The approved off-site road
construction plans show this
pipe being continued to the
Tschache Lane storm drain.
The easement will remain in
place. The pipe can be
accessed from 11th Avenue
and impacts to landscaping
will be considered in design.
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24 1 Stormwater
Division
Adam Oliver
7/1/22 11:52
AM
Changemark
STORM
38.220.080.2.g At Site Plan submittal, contours and utilities should be shown on-site and
to a distance of 200ft outside the plan boundary.
07_Stormwater Concept
Strategy_CONCEPT.pdf
Acknowledged. Info Only
25 1 Stormwater
Division
Adam Oliver
7/1/22 11:52
AM
Changemark
STORM
Capacity will need to be shown by the methods outlined in DSSP. This pond has been
observed to be at capacity.
07_Stormwater Concept
Strategy_CONCEPT.pdf
The pond stormwater ponds
were completed with the
off-site road construction
project. The completion of
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Plan Review - Review Comments Report
Project Name: 22095 The Lumberyard CONR
Workflow Started: 3/8/2022 3:55:41 PM
Report Generated: 07/18/2022 12:33 PM
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the work restored the
capacity to the stormwater
ponds.
26 1 Parks
Department
Matthew Lee
7/6/22 9:48
AM
Comment
BMC 38.420.020 - Parkland should be provided as a combination of CILP and land
dedication. Update parkland tracking table to show land given at 6 DU/acre. Current CILP
value is $2.30/sf and this valuation is finalized at time of Final Plat. IILP is preferred over
CILP to enhance the parkland.
Based on subsequent
conversations with the
Parks department, parkland
will be provided through
CILP.
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27 1 Parks
Department
Matthew Lee
7/6/22 9:48
AM
Comment
BMC 38.420.110 - Provide connections to existing and proposed trails.
From our review it appears
that all existing and
proposed trails nearby will
be connected by existing
and new sidewalks. The on-
site circulation proposed is
designed to facilitate
movement to and from
adjacent trails.
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28 1 Building
Division
Kevin Bailey
7/7/22 3:16
PM
Changemark
BLDG-kpb
IBC Section 419.7 requires Live/Work units to be accessible
02-01_Proposed Building
Elevations.pdf
No longer applicable.
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29 1 Building
Division
Kevin Bailey
7/7/22 3:18
PM
Changemark
BLDG-kpb
THe State has adopted the 2021 Building Codes. THe City will be adopting them in July.
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
Acknowledged. Info Only
30 1 Building
Division
Kevin Bailey
7/7/22 3:21
PM
Changemark
BLDG-kpb
This project is subject to IBC Chapter 11 and ICC A117.1-2017
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
Acknowledged. Info Only
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31 1 Parks
Department
Matthew Lee
7/7/22 3:44
PM
Comment
Resolution 4784 - The criteria established in Resolution 4784 explains why parkland is
preferred within this project. Since this is a greenfield development, there are minimal
physical barriers to developing a new park. Moreover, this development would be
receiving a density bonus by only giving parkland up to 6DU/acre required even though
the net residential density is beyond that. This parkland would enhance the area for
residents, since access options to nearby parks is limited.
Based on subsequent
conversations with the
Parks department, parkland
will be provided through
CILP.
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32 1 Engineering
Suzanne
Ryan
7/8/22 2:21
PM
Library Comment
BMC 38.220.020 A. - The developer must provide the community development
department with a copy of all required streambed, streambank or wetlands permits, or
written notification from the appropriate agency that a permit is not required, prior to the
commencement of any work on the site and/or final plat approval, whichever is sooner.
These permits include but are not limited to: 404 permit
Permits for this work were
obtained by the previous
landowner and the work
was completed in 2021.
With the completion of this
work there are no wetlands,
watercourses, or setbacks
within the Lumberyard Flats
property.
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33 1 Engineering
Suzanne
Ryan
7/8/22 2:21
PM
Library Comment
Concurrent construction has been an identified purpose of the initial project review. The
applicant must complete the following concurrent construction form
(https://www.bozeman.net/home/showpublisheddocument/11704/637769761956630000)
to receive concurrent construction approval for on site or adjacent improvements
associated with site development.
Acknowledged. Concurrent
construction will be
requested for buildings and
on-site public utilities. The
concurrent construction
materials are provided with
the Site Plan submittal.
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34 1 Engineering
Suzanne
Ryan
7/8/22 3:13
PM
Library Comment
BMC 38.220.080 A. 2.i. - A traffic impact study will be required for the proposed
development which will need to discuss how much daily traffic will be generated on
existing local and neighborhood streets, roads and alleys, when the subdivision is fully
developed.
Thank you for the comment.
Per discussions with
Engineering, a traffic letter
was requested and is
included in the Site Plan
Submittal.
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35 1 Engineering
Suzanne
Ryan
Changemark
ENG N 15th Access
BMC 38.400.090 Spacing for a full access on a Collector must be at least 330'. The access
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
No longer applicable.
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Plan Review - Review Comments Report
Project Name: 22095 The Lumberyard CONR
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7/8/22 3:25
PM
on N 15th is not 330' from either intersection. Engineering does not support and access
on the curve on N 15th.
36 1 Engineering
Suzanne
Ryan
7/8/22 3:25
PM
Changemark
ENG N 14th Access
BMC 38.400.090 All access on local streets must be spaced at least 40' apart.
Consolidation of access points onto public streets, to achieve a distance between access
points in excess of the minimum standards in this section, is desired and must be
considered during all levels of site plan review.
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
The proposed accesses on N
14th are greater than 40’
apart.
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37 1 Engineering
Suzanne
Ryan
7/8/22 3:25
PM
Changemark
ENG Water
DSSP V.A.5. All main extensions shall be looped where possible. Connect the N/S water
main back into the main on Patrick Street.
01_Proposed Site
Layout_Pg
3_CONCEPT.pdf
While this connection would
be favorable, it would
require the installation of a
Pressure Reducing Valve,
which requires significant
operation and maintenance
cost by the City.
Traditionally, the City has
strived to minimize the
number of PRVs, to simplify
operation. The different
pressure zones don’t allow
the typical benefits of
looping, since water can
only flow one way in the
pipe. For that reason the
water main has been looped
to 14th which is in the same
pressure zone.
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