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HomeMy WebLinkAbout002_Narrative NorthWestern Energy East Storage Yard Site Plan Application OVERVIEW On behalf of NorthWestern Energy (NWE), Sanderson Stewart is submitting a Site Plan Application for the development of a proposed new storage yard on North Rouse Avenue, north of East Griffin Drive. BACKGROUND The project is located on Tract 33 of Northeast Annexation, and it is situated in the SW 1/4 of Section 31, Township 1 South and Range 6 East in the City of Bozeman, Gallatin County, Montana. A Subdivision Exemption Application was recently approved by the City of Bozeman to: 1) establish a portion of Tract 33 of Northeast Annexation as a public road tract for North Rouse Avenue; 2) create two utility parcels for the City of Bozeman and NorthWestern Energy; and 3) relocate a common boundary line shared with Tracts 34 and 35 of Northeast Annexation to establish the final boundary of the City Exchange Parcel that will be transferred to NorthWestern Energy as part of the Land Exchange Agreement between the City of Bozeman and NorthWestern Energy. The Certificates of Survey, which are enclosed for reference, have been approved by the Planning Department and will be recorded when the Land Exchange Agreement is finalized. The primary Certificate of Survey shows the division of one parcel (Tract 33 of Northeast Annexation) into three parcels (Tract 1, Tract 2, and Tract 5) for the establishment of the North Rouse Avenue right-of-way (Tract 5) and utility parcels for the City of Bozeman and NorthWestern Energy (Tracts 1 and 2, respectively). The City of Bozeman will retain ownership of Tract 1, and it will continue to operate as a maintenance yard. The City of Bozeman will also retain ownership of Tract 5 as the North Rouse Avenue right-of-way. Ownership of Tract 2 will transfer to NorthWestern Energy for the development of an additional storage yard to support their existing operation on Griffin Drive. This Site Plan Application applies to the development of Tract 2. The zoning designation for Tract 2 was recently changed to M-1 (Light Manufacturing) through City of Bozeman Ordinance 2060. Additionally, the North Rouse Avenue right-of-way (Tract 5) has been changed to M-1 designation to match the zoning of the adjacent properties. The finalization of the Land Exchange Agreement is pending the approval of the Floodplain Development Permit which will be submitted for concurrent review with the Site Plan Application. CONTEXT The proposed East Storage Yard on Tract 2 is presently a 3.8-acre vacant lot with no existing buildings. Adjacent properties include a residential trailer court to the south and east, various industrial and commercial businesses to the west, and Glen Lake Rotary Park to the north. Existing utilities are shown on the enclosed plan sheets. The entire parcel is presently owned by the City of Bozeman but will transfer to NorthWestern Energy with the pending Land Exchange Agreement. Because this development will only be pursued by NorthWestern Energy if the land exchange is completed, we will assume, for the sake of this Site Plan Application, that approval will occur, and Northwestern Energy will be the property owner of Tract 2. NorthWestern Energy intends for their newly acquired parcel to become an extension of their existing storage yard that is located at 121 East Griffin Drive. The storage yard will only be used for storage of nonhazardous materials; thus, the project will only require minor site improvements. The extent of the site development will consist of a gravel laydown yard for storage including gravel circulation roadways, adequate stormwater infrastructure, a chain link perimeter fence, and buffer landscaping. This Site Plan Application includes a letter to the Interim City Engineer requesting permission to use gravel surfacing for this particular project instead of asphalt surfacing as required by 38.540.020.F of the Bozeman Municipal Code (BMC). SITE PLAN The site plan includes the design of a private storage yard on NorthWestern Energy’s new property, serving as an extension of their existing operations on Griffin Drive. The site is currently an empty lot, and it will be developed to allow NorthWestern Energy to effectively store non-hazardous materials. There will be one private vehicular access point to the site in the northwest corner of the property that will connect to a 50-foot-wide private access easement on the City of Bozeman’s property to the north that will allow access for NorthWestern Energy to their main storage yard. Per section 38.350.060.G.2 of the BMC, a 6-foot chain link fence will run along the perimeter of the property and the 100-foot watercourse setback to completely enclose the storage operations. A landscape buffer will provide screening of the storage yard. In addition, adequate stormwater infrastructure will be included. As the new development will not include any buildings and is only intended for private transport and storage of materials, there is no proposed on-site parking. For this development, no parkland is required. WATERCOURSE SETBACK + FLOODPLAIN The property is located southwest of the East Gallatin River and is subject to the East Gallatin River watercourse setback regulations that are defined in section 38.410.100 of the BMC. Per section 38.410.100.A.1, the BMC states that if the parcel was granted preliminary plat approval prior to July 10, 2002, the full extent of the watercourse setback for the East Gallatin River is a minimum of 100 feet. This property is legally described as Tract 33 of the Northeast Annexation, which was officially platted and approved in July 1976. Thus, the watercourse setback applied to this site extends 100 feet from the top of bank, beyond the ordinary high-water mark, of the East Gallatin River. This impacts only a portion of site’s northeast boundary. No development will occur in the portion of the site that is within the East Gallatin River setback boundary, however, restoration work is proposed for the removal of the existing fence. Although only a small section of the parcel is impacted by the 100-foot East Gallatin River watercourse setback, most of the property is located within the 100-year floodplain boundary (regulated flood hazard area). This means that the site is subject to the BMC’s floodplain and regulated flood hazard area regulations. Based on these regulations, the minimal proposed site development of the storage yard is allowable upon obtaining a floodplain development permit for the proposed impacts and land use. The proposed site improvements allowable within the regulated flood hazard area include the following: • Fences: Per section 38.600.240.B.8, the BMC states that fences that have a low impact to the flow of water such as barbed wire fences and wood rail fences are allowable, except permanent fences crossing channels. Fences that have the potential to stop or impede water flow or debris require a floodplain permit. • Storage of Materials and Equipment: Section 38.600.260.H of the BMC states that storage of materials and equipment may be allowed in the regulated flood hazard area with an appropriate permit, as long as the materials and equipment are not subject to damage by flooding and are properly anchored to prevent floatation or movement downstream or are readily removable within a short period after a flood warning. The floodplain development permit application demonstrates that there will be no hazardous material being stored within the floodplain, there will be no increase in base flood elevations over one half foot, and that all proposed materials will be able to withstand the forces of buoyancy to not pose a risk to adjacent, downstream, or upstream facilities. Additionally, the 6-foot chain link fence is included and discussed in the floodplain permit. NORTH ROUSE AVENUE IMPROVEMENTS The City of Bozeman typically requires improvements to adjacent streets that do not currently meet local street design standards. At a meeting with the City of Bozeman Planning Department, Engineering Department, and Fire Marshal on December 20, 2021, it was concluded and agreed upon that no improvements to North Rouse Avenue will be required with the site development. North Rouse Avenue is a low-volume, dead-end roadway and the new private storage yard will not utilize North Rouse Avenue for access to the site. Therefore, the development will not result in any increase in traffic or change to existing traffic patterns on North Rouse Avenue. As stated above in the Site Plan section, there will only be one vehicular access point to the storage yard located at the northwest corner of the property. This access will be gated from the public right-of-way of North Rouse Avenue and will only be used privately by NorthWestern Energy via the recently constructed private access road that connects to their existing storage yard. There will be no public interaction with the new NorthWestern Energy storage yard or the trucks traveling back and forth between the two sites. The Fire Marshal, Scott Mueller, was present at the meeting noted above and confirmed that North Rouse Avenue’s current condition is adequate for fire access, agreeing that no improvements are necessary on North Rouse Avenue and no additional fire hydrants will be needed. This assessment from Fire Marshal Mueller has also been provided in writing and is included with this Site Plan Application. In addition, it has been confirmed by the Interim City Engineer that improvements to North Rouse Avenue will not be required. See Engineering Comment #9 in the enclosed comment response document. SITE PLAN APPLICATION CHECKLIST Application Set 1. Planning application using ProjectDox: Development Review Application included in Documents 2. Project narrative and CONR responses: Included in this document 3. N1 and materials: Included in Documents 4. Departure narrative: An alternative surface request letter has been included in Documents 5. Traffic Study: A traffic study waiver from Taylor Lonsdale is included in Documents 6. Water rights information: A CILWR waiver from Griffin Nielsen is included in Documents 7. Letter from Montana DNRC, if wells are proposed: Not applicable, no wells are proposed 8. Stormwater design report: Included in Documents 9. Most current plat and existing easements: Current plat and proposed certificates of survey (COS) are included in Documents 10. Concurrent construction: Not applicable, no concurrent construction is necessary 11. NCOD: Not applicable, this site in not within the NCOD Plan Sheets 1. Cover sheet: Included in Plans 2. General civil plan: Included in Plans 3. Utility plan: Existing utilities are shown on the Site Plan, no new utilities are proposed 4. Grading and drainage plan: Included in Plans 5. Site plan: Included in Plans 6. Building design and signage: Not applicable, no buildings are proposed 7. Landscape plan: Included in Plans 8. Lighting plan and details: Not applicable, no lighting is proposed 9. Detail sheet: Included in Plans 10. Parkland: Not applicable, no parkland is necessary RESPONSE TO CITY COMMENTS Planning Comments (by CONR document) 001_Cover: 1. Property is zoned M-1; outdoor storage is a principal use in the M-1 zone per Table 38.310.040.D. Response: Acknowledged. 003_SitePlan_Civil: 2. Property is zoned M-1; outdoor storage is a principal use in the M-1 zone per Table 38.310.040.D. Response: Acknowledged. 3. Per 38.540.020.F, drive aisles must control dust and drainage and must provide a grading and drainage plan approved by City Engineering. Areas must be paved or an alternate surface material may be approved by the City Engineer. Should an alternate to paving surface material be sought, a formal letter to the City Engineer citing the material suggested, the reason(s) why, and how dust would be mitigated and proper drainage assured. Please note how the alternate surface material would mitigate potential adverse impacts, such as dust, to the residential use immediately to the south. Response: Included with this site plan submittal is a letter to the Interim City Engineer requesting the use of gravel surfacing instead of asphalt surfacing. The letter addresses the reasoning for this request and the proposed method of dust abatement. The proposed drainage is addressed on the Grading and Drainage Plan (C5.0) and the Stormwater Design Report included in this Site Plan Application. 4. 38.400.060. Streets. N. Rouse Street abutting the Site is designated a local street. Please coordinate with the City Engineer to determine how this street is to be improved and, if terminated (dead end), how that is to be improved. Perhaps a non-motorized trail connecting to the park to the north is required. Please coordinate with City Parks and Recreation Department to see if public access to the park to the north is required per 38.400.110. Response: Through previous conversations with the Interim City Engineer, it has been determined that improvements to North Rouse Avenue will not be required for this development. See Engineering Comment #9 for the Interim City Engineer’s response to this topic. We have also had a conversation with the City Parks and Recreation Department and their initial indication was that a trail connection to the park in this area would not be required. NorthWestern Energy has already constructed a 10-foot-wide paved multi-use pathway along the south entrance road from Manley Road into Glen Lake Rotary Park. This will be the primary access point to the park for bikes and pedestrians so it is not anticipated that an additional trail along North Rouse would be required at this time. 5. 38.510.030.H. 1. Block Frontage in industrial zones “Other”. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at least ten feet in depth and are encouraged to meet the landscaping standards of division 38.550. Departure: Reductions in the landscaping frontage may be considered for low volume and low visibility streets entirely within the industrial zone. Land uses with a higher density of employees warrant standard landscaping and pedestrian access provisions. The procedure for requesting a Departure is found in 38.250.060 and must be submitted as a request letter or memo with the site plan application. The request should state specifically what standard would be relaxed or relieved, the reason why, and what alternate improvements or design is proposed to mitigate potential adverse impacts to neighbors. Response: All landscape buffer plantings are a minimum of 10’ in depth. 6. It is noted that the south boundary of the Site abuts a residential property and any outdoor lighting should meet standards of 38.570.100, Nuisance Glare. Response: No lighting is proposed with this site plan. 7. Table 38.320.050. Setbacks. The “front” of this Site is deemed to be N. Rouse Street and the sides are to the south (next to the mobile home park) and the Applicant’s lot to the north with the rear being the west property line. The required setbacks in the M1 zone are 10 feet for the N. Rouse front, 3 feet for the sides and 3 feet for the rear. Response: The setbacks have been updated as requested on the Site Plan (C4.0). 8. 38.550.050. Landscaping of setbacks. Although the south side setback is only 3-feet wide, this is insufficient width to maintain a landscaped screening of the outdoor storage to mitigate adverse visual impacts to the residential development to the south. A 10-feet wide landscaped buffer with a robust, year-round landscaped visual screen should be planted along the south property line meeting the standards of 38.550.050 and 38.520.070. Response: An appropriate landscape buffer that is at least 10-feet wide is now proposed along the southern boundary of the property to screen the storage yard from the residential development. Engineering Comments (by pdf document) 002_ExistingConditions_Demolition: 1. BMC 38.410.070 (A.3) When a proposed development adjoins undeveloped land, and municipal infrastructure mains would reasonably pass through the new development to the undeveloped land, municipal infrastructure mains must be arranged to allow the suitable development of the adjoining undeveloped land. Municipal infrastructure mains within the proposed development must be constructed to the boundary lines of the tract to be developed, unless prevented by topography or other physical conditions. An exception to this standard may be granted upon written request of the applicant if the applicant demonstrates during the development review process that more efficient design can be accomplished without jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's growth policy. The applicant is advised that nearest City water main/fire hydrant is located approximately 400 ft from the subject property. Extending the main to the subject properties furthest northern boundary presents constraints both topographical and natural resource related. The main would be located in a mapped flood zone as well as adjacent to a mapped floodway. There is potential risk of river erosion or channel avulsion at corner of North Rouse, nearest to the East Gallatin River, which could jeopardize the City’s water distribution system in a large flood event. Future development in this area is limited due to the mapped flood zone as well as the adjacency to Glen Rotary Park. Therefore engineering does not require a main extension given the proposed use and aforementioned constraints. However, the applicant must consultant with City’s fire department prior to a formal site plan submittal on whether the fire department requires a main extension and a new fire hydrant be placed closer to the subject property to serve the proposed usage. The applicant must provide written documentation on the City’s fire departments determination on extending the main/hydrant with the future site plan application. Response: Sanderson Stewart has followed up the City Fire Department and provided a letter from the Fire Marshal with this application that states he will not require the main to be extended or an additional hydrant to be installed. 003_SitePlan_Civil: 2. 1) The delineated floodplain boundary must be shown on the site plan. (Sec. 38.600.130.B BMC). 2) A floodplain permit shall be obtained from the city floodplain administrator prior to site plan approval for all uses, activities or artificial obstructions proposed within the delineated floodplain boundary. (Division 38.600 BMC). Response: The delineated floodplain boundary is shown on the Site Plan (C4.0). A floodplain permit application will be submitted for concurrent review with this site plan application. 3. DSSP Section II (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. Response: An on-site detention pond meeting the City of Bozeman design standards has been provided and is described in the Stormwater Design Report. 4. BMC 38.230.100 Plan Review Criteria - The applicant must review section 38.230.100. Specifically, but not exclusively, show how future utilities (i.e. water, sewer, and electrical) will service the properties units as well as any existing easements. Response: Existing easements and utilities are shown on the Site Plan (C4.0). Utility services are not shown on the plan because no new services are proposed. 5. DSSP Section II (A)(4) Water Quality - 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. Response: A Stormwater Design Report has been provided to describe the stormwater treatment provided within the proposed detention basin. 6. BMC 38.410.060 (B)(2) Easements - The applicant must provide a ten-foot utility easement (power, gas, communication, etc.) along the developments property frontage prior to Site Plan approval. The applicant may contact the Engineering Department to receive a copy of a utility easement template. Response: A 10-foot utility easement has been added along the property’s frontage (the north and east boundaries) and the corresponding utility easement document is included with this submittal. 7. DSSP Section II (C) Hydraulic Design - Storm sewers shall be designed to convey the 25 year storm event. It is unclear if there is an existing culvert and being replaced or if the applicant is changing the historical drainage path. Please review DSSP Section II (B) Storm Drainage Plan - The applicant must review DSSP Section II (B) and ensure that the submittal includes the specified requirements. Response: All storm drains have been designed to convey the 25-year storm event as outlined in the Storm Report. 8. The applicant did not provide any information on the proposed primary street section details for primary access into the lot. Please provide additional detail on the primary private street access with the subsequent site plan. Stormwater runoff from the private street section will need to be mitigated. The applicant is advised that a small section of the private street is located in a mapped flood zone. Response: A typical gravel section has been added to Sheet C6.0. Stormwater runoff is addressed on the Grading and Drainage Plan (C5.0) and in the Stormwater Design Report. 004_Truck Movements: 9. BMC 38.400.010 Streets General - All streets must comply with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all streets must be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of the land to be served by such streets. The design standards contained in these regulations apply to all construction, reconstruction and paving of streets. Review authority for exceptions or modifications to this section is specified in division 38.200.010. The applicant is advised that under section 38.200.010.D the City Engineer has determined that the existing street section for North Rouse Ave is adequate for the proposed use. The applicant has provided sufficient information showing that all future access to the proposed storage lot will be taken off of Manley Road via the Glen Lake Rotary Park access. Therefore, no intensification of the existing use on North Rouse Ave will occur. North Rouse is considered a secondary emergency access to the proposed development. The findings made by the City Engineer include the following: 1) Primary Access to the site will occur via Manley Road and the Glen Lake Rotary Park access road. As such, the secondary access to the site can occur in emergency situations utilizing North Rouse. 2) The applicant has provided a truck turning movement figure showing that all future access to the site will occur via Manley Road. The traffic intensity on North Rouse will not increase as presented in the application. Furthermore, the applicant shows a gate that would block the ability for future access to North Rouse. The applicant must coordinate with the City’s fire department on the future gate and emergency access requirements. 3) The site does have unique topographical and natural resources constraints. The subject property is located in a mapped Zone AE floodplain and modifications to North Rouse could result in adverse changes to the floodplain base flood elevation. Maintaining the existing street section as a secondary emergency access limits the impact to the adjacent floodplain and natural habitat in the area. The street is adequate for secondary emergency access. The applicant is advised that these findings are based on the information provided in the concept application. Any significant changes to the proposed layout and access configuration could result in these findings being voided and subject to further review by the review authority. Response: Acknowledged, thank you. 10. BMC 38.220.080 (A) 2.g Traffic Generation - The applicant must submit a peak hour trip generation value to the City to determine whether a traffic impact study is required. Response: Taylor Lonsdale, City Transportation Engineer, has waived the need for a traffic impact study for this site plan. A copy of the email that includes the traffic impact study waiver from Taylor is included with this application. 11. It is unclear if there is an existing gate at this location. The City engineers determination of the existing street section is based on this location being gated to limit traffic and to ensure that the main access to the lot is via Manley Road. The applicant will need to work with the City's emergency services to ensure this location can be secondary emergency access with a locked gate. Response: There is an existing gate in this location that provides gated access to the City’s maintenance yard. The access to NorthWestern Energy’s storage yard and all related truck turning movements will take place on the west side of the existing gate.