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HomeMy WebLinkAbout002_Nahorniak Commons CONR Letter March 26, 2021 Tim Staub C&H Engineering and Surveying, Inc. 1091 Stoneridge Drive Bozeman, MT 59718 tstaub@cheengineers.com RE: Nahorniak Commons Four-Plex, Concept Review Application, 21034 Dear Applicant, Thank you for your concept application to review the proposed development. City staff respectfully provides the following notes and suggestions to assist you with this potential future project. Please note that comments are preliminary and based on the information provided. City staff cannot identify all possible issues during a conceptual review. We try to identify critical path issues at this time. You are required to design the project to meet the requirements of the Bozeman Municipal Code. If you have any questions, please do not hesitate to contact me at nlyon@bozeman.net. We look forward to helping you with the evolution of this project. Respectfully, Nakeisha Lyon, Associate Planner Department of Community Development C: Mark Nahorniak, 5170 Durston Road, Bozeman, MT 59718, mnahorniak@chengineers.com 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. Project Description: Conceptual Review application for advice and comments for a Site Plan proposing two four-plex buildings (eight dwelling units in total). The proposed project also includes associated parking spaces, landscaping, and associated stormwater retention infrastructure. Project Location: The property is located at 5170 Durston Road, Bozeman, MT 59718 with a legal description as follows: Smith Subdivision, S11, T02 S, R05 E, Lot 6 & 7, Acres 1.18 Recommendation: Informal comments only. All references below to the Bozeman Municipal Code, BMC. Applicant Questions: 1. Fire lane. Currently, a typical 70’ asphalt hammerhead turnaround is proposed between the two buildings. Can pervious grass pavers be used instead of paving the entire turnaround? Would the grass pavers also be sufficient for the garbage collection service? See attached information on the Grass Pave system. Also, if deemed acceptable by the fire department for the turn around it is likely that the dumpster location would be moved to an alternate location on site as to not have the dumpster in the middle of a seemingly grass-covered area. a. Please see Scott Mueller’s answer below in the Fire Department section. 2. ADU. It is our understanding that the UDC requires an alley access to an ADU. Does that remain true for an attached ADU as proposed with this concept plan? Please provide comment on the ADU. a. Please see Nakeisha Lyon’s answer below in the Planning Division Department section. Planning Division; Nakeisha Lyon, nlyon@bozeman.net 406-582-2963 1. BMC 38.220.080. Site plan submittal requirements. a. The application must meet the SP form requirements. b. Please ensure the COVID-19 Acknowledgement of Application Processing Delays Form during the formal submittal. 2. BMC 38.310. Permitted uses. a. Please revise language and comments in narrative and/or plan set which includes these dwelling units as “townhouses” and/or “rowhouses”. These dwelling units do not meet the definition of either unit type, and are considered a four household dwelling. b. Please revise language and comments in narrative and/plan set which include a maximum width and maximum grouping requirements. These provisions are only applicable to the R-3 zoning district if the proposal was for townhouses and/or rowhouses. 3. BMC 38.320. Form and intensity standards. a. Please provide minimum lot area calculations accordingly during the formal submittal. This should include the required additional square footage for the proposed attached accessory dwelling units (ADU). b. Please ensure the provided lot size is accurate during the formal submittal (i.e. the denoted lot acreage does not match the legal description). c. Please ensure the provided the minimum floor area is accurate during the formal submittal (i.e. the denoted minimum floor area does not match Staff’s calculations). d. Please denote the correct front, side and rear setbacks for the proposed four-plexes during the formal submittal as denoted below and per BMC requirements: i. Functional Side Setback/Front Sideback (North): 1. The setback from the property line to the proposed four-plex is 15 feet. a. Please demonstrate compliance with this setback accordingly. ii. Functional Front Setback and Functional Rear Setback/ Side Setback (West and East): 1. The setback from the western property line to the proposed four-plex is 20 feet. The BMC stipulates that when a lot has one or more principal buildings which are oriented to place the functional rear of a building adjacent to a side lot line, a setback from the property line equal to that for a rear setback must be provided. 2. The setback from the eastern property line to the proposed four-plex is 5 feet. a. Please demonstrate compliance with this setback accordingly. iii. Functional Side Setback/Rear Setback (South): 1. The setback from the southern property line to the proposed four-plex is 20 feet. a. Please demonstrate compliance with this setback accordingly. 4. Sec. 38.350.050. - Setback and height encroachments, limitations and exceptions. a. Please ensure any changes in required setbacks also complies with this Section of the BMC. 5. BMC 38.350.060. – Fences, walls, and hedges. a. Please ensure elevations and perspectives regarding all proposed fencing is consistent during the formal submittal (i.e. fences are shown in the rear yards in the elevations, however, not depicted on plan sheets consistently). b. Provide fencing details during formal submittal (i.e. material, color, civil details, etc). 6. BMC 38.360.030. Accessory buildings, uses, and equipment. a. Please ensure compliance with this section of the BMC. 7. BMC 38.360.040. ADU use table in residential zoning districts. a. In reference to the submitted question #2, ground floor ADUs require alley access. Please revise the proposal accordingly during the formal submittal. b. Please denote the required one paved off-street parking for the exclusive use of the ADU accordingly during the formal submittal. c. Please demonstrate through calculations that the proposed ADUs do not exceed one-third of the total area of the principal structure. 8. BMC 38.360.220. Single, two, three, and four household dwellings. a. Clear and obvious pedestrian access between the sidewalk and a building entry that faces the street is required for new dwellings (the driveway may be used to help meet this requirement). Please demonstrate compliance with this provision during the formal submittal. b. All new dwellings must provide a covered pedestrian entry with minimum weather protection of three feet by three feet. Please demonstrate compliance with this provision during the formal submittal. 9. BMC 38.410.120. Mail delivery. a. Please ensure compliance with the provisions of this section of the BMC. 10. BMC 38.540. Parking. a. Please provide detailed calculations for vehicular and bicycle parking in conformance with Sec. 38.540.050 during the formal submittal. b. Please ensure conformance with individual residential garage standards for stall width and additional space on the exterior of each stall as denoted in Sec. 38.540.020 during the formal submittal. 11. BMC 38.550. Landscaping. a. Please provide a detailed landscaping plan in accordance with this section of the BMC and Sec. 38.220.100 during the formal submittal. b. Please ensure compliance with Sec. 38.550.050.E during the formal submittal. 12. BMC 38.570. Lighting. a. Please provide a detailed lighting plan in accordance with this section of the BMC if applicable. 13. General Comment. a. Staff noticed an overall lack of pedestrian connectivity on the subject property and highly encourages enhancing the connections for residents to the existing sidewalk off Durston Avenue as well as internal pathways to trash enclosures, parallel parking spaces, and landscaping areas which may be designed as outdoor space amenities. Engineering Division, Lance Lehigh, llehigh@bozeman.net, 406-582-2284 1. See Attached Memo dated March 26, 2021. Fire Department; Scott Mueller, smueller@bozeman.net, 406-582-2353 1. Pertinent to the request to utilize grass pavers, the Fire Department will not be in support of the area as proposed. With regular weekly traffic by Solid Waste and will historically not grass pavers are best if only for emergency use. So, if re-design may lend itself to utilization of pavers, other considerations are permanent markers defining the paver area, proper signs, designed strength to support minimum 75,000 pound vehicle, and ensuring snow removal during snow season. 2. Even though the project is phased, each four-plex as proposed are three stories and thus requiring per State of Montana amendment/Building Code fire sprinklers and fire alarm systems. In conjunction with the fire protection systems, fire riser/water rooms shall meet City standards for size and also have direct access with sidewalk to public way/parking lot. NorthWestern Energy; Daniel Wussow, Daniel.wussow@northwestern.com, 406-582-4602 1. Has an application to Northwestern Energy (NWE) been submitted? Applicant will need to submit an application online to have the NWE project engineer work with the applicant and applicants engineer and architect. 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. 2. With the demolition of the existing structure in phase 2, the applicant needs to, weeks in advance of the scheduled demolition, contact NorthWestern Energy for a disconnect of the electric and gas services. 3. 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. Where the applicant is showing the proposed dry utilities such an easement will be needed along this route. This alignment should be set back at least two feet from back of curb and cannot be constructed through a retention or detention pond. To establish the needed utility easement locations the NWE project engineer will help to establish these locations. If any such 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. 4. Stormwater ponds within the utility easements. Northwestern Energy prefers to not have storm water detention or retention ponds within the utility easement and every means possibly should be attempted to avoid it. If this is not possible best engineering practices should be used to try and minimize the encroachment of retention or detention ponds within the utility easement and must be approved by NWE. NWE will work with the applicant to assure the location does not hinder or impact the installation or future maintenance of gas and electric utilities. NWE project engineer will need a site grading plan showing the finish grade of ponds to allow design and installation of gas and electric utilities to meet the required depth and cover over NWE 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. 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. 7. Buildings with multiple units will need multiple meters which will need to be installed 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. 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. 10. 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. o Screening Walls.  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.  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  Contact NWE for placement of knock-out to insure that it lines up properly with the termination location to prevent bends in the service  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.  Gas meter cannot be located in recessed location where it is not open atmosphere above the meter without approval from NWE.  Screening cannot consist of rolling doors or other devices that are required to be open to access the meters. 11. Transformer location to a structure. One single phase transformer should be sufficient to service both buildings. Placing the transformer at a location between the two buildings the phase1 the 4- plex can be connected. From the transformer install electric conduit stubs and a gas stub five feet north of the turnaround for the phase 2 building. If the buildings should 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. 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. 12. 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, prevent or hinder operation and maintenance of NWE utilities. Solid Waste Division; Russ Ward, rward@bozeman.net, 406-582-3235 1. Need detailed plan for refuse enclosure. 2. Refuse enclosure will need to be covered. 3. No parking aloud in the 50 foot approach to front of refuse enclosure. Water Conservation Division, Chelsey Trevino, ctrevino@bozeman.net, 406.582.2266 1. See Attached Memo dated March 17, 2021. Parks and Recreation; Addi Jadin, ajadin@bozeman.net, 406-582-2908 1. Applicants shall provide evidence of prior parkland contribution and/or Cash-in-lieu of Parkland Application addressing the criteria of Resolution 4784 and requirements in 38.420. 2. Parkland tracking table including number of units and net lot area as defined in 38.700.130 must be included on the cover sheet, if applicable. These Divisions did not provide comment. Contact reviewers directly with individual questions. 1. Building Division; Ben Abbey, babbey@bozeman.net, 406-582-2950 2. Sustainability Division; Natalie Meyer, nmeyer@bozeman.net, 406-582-2317 3. Stormwater Division; Kayla Mehrens, kmehrens@bozeman.net, 406-582-2270 4. Water and Sewer Division; John Alston, jalston@bozeman.net, 406-582-3200 5. Forestry Division; Alex Nordquest, anordquest@bozeman.net, 406-582-3205 MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: Nakeisha Lyon, Associate Planner FROM: Lance Lehigh, Engineer III RE: Nahorniak Commons CONCEPT REVIEW APPLICATION NO 21034 DATE: March 26, 2021 ----------------------------------------------------------------------------------------------------------- These comments are provided in reference to the February 24th, 2021 Concept Review Submittal. CONCEPT REVIEW ENGINEERING COMMENTS: Conditions of Approval 1. 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) for the following if they do not already exist: a. Street improvements to Durston Road between Fowler Ave and 19th Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at Durston Road and Fowler Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Durston Road and 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Durston Road and North 27th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The applicant can obtain a copy of the template SID waiver from the City Engineering Department (Lance Lehigh). The SID wavier filed must specify that in the event a SID is not utilized for the completion of these improvements, the applicant 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 SID waiver filed with the County Clerk and Recorder prior to site plan approval. It was unclear if the SID wavier was filed with Annexation of the property. Please provide documentation that the SID has been filed or file the SID along with the site plan application. Easements 1. BMC 38.410.060 (C) (1) Easements - The applicant must provide a thirty (30) foot public utility easement to accommodate both water and sewer. An additional ten feet of width is required for each additional main that occupies the easement. 2. DSSP V.D.5.c. – Extend the public utility easement to allow for a 10 foot easement around the hydrant. 3. The applicant is advised to move the proposed dry utilities (i.e. gas, communication, and power) a minimum of 10 feet from water and sewer services. 4. The proposed curb stops need to be located within the easement and located in asphalt. 5. BMC 38.410.060 (C) (1) Easements – Durston Road is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (100) feet. The applicant must provide their respective Durston ROW (50) feet from the centerline of the existing ROW as a public street and utility easement where Fowler is adjacent to the property prior to site plan approval. a. The applicant must show the platted ROW on the site plan documents and provide any remaining ROW prior to site plan approval. . b. The applicant must show the 10-foot utility easement #2672409 on the site plan. 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 water rights (CILWR). CILWR must be paid upon future development. Paybacks 1. The subject property is located within the Meadow Creek Subdivision payback district boundary for sewer improvements. The subject property did not participate in the original cost of construction of improvements and will be accessed a payback charge prior to subdivision or site plan review and approval. 2. The subject property is located within the SID 684 payback district boundary for Durston North 19th to Fowler improvements. The subject property did not participate in the original cost of construction of improvements and will be accessed a payback charge prior to subdivision or site plan review and approval. Stormwater 1. DSSP Section (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 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. 2. DSSP Section (C) Water Quantity – The applicant must provide 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. 3. The seasonal high groundwater elevation must be determined and the engineer responsible for the design drainage must certify that the proposed infrastructure can meet or exceed the City’s drainage requirements during the seasonal high. 4. The location of the proposed retention facility cannot be accessed for routine maintenance. The applicant is advised that stormwater facilities require a maintenance plan and most likely will need to be accessed at some point to ensure they continue to function as designed. Wastewater 1. Annexation Agreement – The existing structure’s septic system shall be abandoned upon future development per the annexation agreement. Water 1. Annexation Agreement – The existing structures water well shall be abandoned upon future development per the annexation agreement. Traffic Impact Study & Transportation 1. BMC 38.400.090 and 38.540.020.F – Access shall be built to the City Standard. This includes asphalt pavement. Alternatives, such as grass pavers, may be requested per BMC 38.400.090.H. a. Grass pave will not be permitted as an alternative surface due to the heavy vehicular traffic associated with trash removal as well as emergency access. 2. BMC 38.400.080.A – The sidewalk along Durston Road must be relocated and constructed in accordance with COB Standards for arterial streets (6-inch thick, 6-foot wide). 3. BMC 38.540.020.J – All off street parking must install perimeter curbing. Curb must be place along phase lines such that this condition is meet with each individual phase. Lighting 1. BMC 38.400.070 – City standard streetlights are required along the frontage of Durston Road, per the arterial spacing requirements. The street lighting must be shown on the site plan. Infrastructure plans for the construction for the streetlights must be submitted to the City Engineering Department per the Design Standards and Specifications Policy Manual. The streetlights must be part of an SILD prior to occupancy of the proposed project. a. The applicant must confirm that the existing street lights within the proposed development satisfy engineering design standards. It is unclear if an additional street light is needed along the developments frontage. Water Conservation DRC Comments Chelsey Trevino – ctrevino@bozeman.net Water Conservation Technician March 17, 2021 Nahorniak Commons 4-Plex – Landscape and Irrigation Conceptual Plan Advisory Comments The Water Conservation Division strives to promote outdoor water-use efficiency and best practice of landscape and irrigation installations. The following best practice recommendations to the Nahorniak Commons 4-Plex conceptual plan are provided to guide the project towards maximizing landscape health and resiliency while minimizing outdoor water consumption. 1. The landscape design plan should indicate the total landscaped area (ft2) and landscaped area of each hydrozone (ft2) - designated by grouping plants with similar water needs. 2. Each hydrozone should be on a separate irrigation zone based on the vegetation’s water demand. Grouping plants with similar watering needs will reduce over or under watering the vegetation. 3. Drought tolerant and water-wise landscaping can use approximately 75% less irrigation water than turf grass. The plant schedule should maximize the installation of drought tolerant landscaping and minimize the use of Kentucky bluegrass, especially within areas surrounded by pavement and/or parking spaces. It is recommended to install native seed mix and/or drought tolerant plants/shrubs in these areas. 4. Landscape plans should include topsoil depth specification of 4”- 6” (after grading) to allow for proper root depth growth and assist with plant and turf grass resiliency. 5. Specify that perennials, shrubs, and trees will be irrigated using low flow drip irrigation technology that will directly target the roots. Drip irrigation uses approximately 75% less water when compared to overhead spray irrigation. 6. Multi-spray, multi-trajectory (rotary) nozzles can reduce water loss from evaporation and wind drift by up to 50%. Specify the installation of water efficient sprinkler nozzles (multi-spray, multi-trajectory nozzles or ‘rotary nozzles’) if overhead irrigation is to be used within turf grass lawn areas. To save money and water - check out the City’s sprinkler nozzle rebates for new construction! 7. When programmed properly, weather based irrigation controllers can reduce outdoor water use by 25%. Specify the installation of a weather based irrigation controller that can automatically adjust the watering schedule according to local weather events. To save money and water - check out the City’s WaterSense® weather based irrigation controller rebates for new construction! 8. Rain sensors can reduce outdoor water use by approximately 10%! Specify the installation of a rain/freeze sensor, which overrides and turns off the irrigation system when a certain amount of rain has fallen. When the sensor dries, it opens the connection to allow the system to resume normal operations. To save money and water - check out the City’s rain sensor rebates for new construction! 9. Overhead sprinkler heads should be installed upright in the ground and ~2”-4” from any paved surface, especially curbs, to minimize sprinkler head damage from snowplows and lawn care equipment. This will also help to minimize future pavement obstruction of the sprinkler head which can occur as the ground settles over time. 10. After installation, sprinkler heads should be adjusted to throw the proper distance and direction in order to minimize water waste via run-off and achieve head-to-head coverage.