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HomeMy WebLinkAbout10-24-16 CC Mtg - C3. Lakes at Valley West Findings of Fact Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Interim Director of Community Development SUBJECT: Lakes at Valley West Phase 3 Major Subdivision Preliminary Plat Findings of Fact and Order, 16320 MEETING DATE: October 24, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Lakes at Valley West Phase 3 Major Subdivision Preliminary Plat Application. BACKGROUND: On October 10, 2016, the City Commission held a public hearing on an application for preliminary plat approval for the Lakes at Valley West Phase 3 Major Subdivision. The Commission voted unanimously to approve the proposed subdivision subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall “provide a written statement to the applicant detailing the circumstances of the condition imposition.” The statement must include: 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact and Order Report compiled on: October 17, 2016 12 Page 1 of 28 Bozeman City Commission Findings of Fact and Order for the Lakes at Valley West Phase 3 Subdivision, Application 16320 Date: Planning Board public hearing held on October 4, 2016 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission public hearing held on October 10, 2016 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Major Subdivision application for the 3rd phase of a multi- phase residential development located on 65 acres south of Durston Road, east and west of an extension of Laurel Parkway. In association with a planned unit development. One phase with 56 lots and additional unplatted phases for future development. Eighteen relaxations are requested with the PUD associated with this application. Project Location: Lot R2 of Phase 2 of the Lakes at Valley West Subdivision, located in the NW ¼ of Section 9 Township 2S, Range 5E PMM City of Bozeman, Montana. Located at 5600 Durston Road. Action: Approval with conditions Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 16320 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 16320 and move to approve the subdivision with conditions and subject to all applicable code provisions. Staff Contact: Chris Saunders, Community Development Shawn Kohtz, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) TABLE OF CONTENTS SECTION 1 - MAP SERIES .......................................................................................................... 3 SECTION 2 – REQUESTED VARIANCES ................................................................................. 6 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 12 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 15 13 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 2 of 28 SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 16 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 16 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 18 Preliminary Plat Supplements ........................................................................................... 21 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 24 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 26 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 26 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 27 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 27 FISCAL EFFECTS ....................................................................................................................... 27 ATTACHMENTS ......................................................................................................................... 28 14 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 3 of 28 SECTION 1 - MAP SERIES Growth Policy Vicinity Map 15 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 4 of 28 Zoning Vicinity Map 16 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 5 of 28 Proposed Layout for Phase 3 17 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 6 of 28 Overall project layout showing possible future phases. SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. The associated PUD has requested 18 relaxations which were approved in the same meeting as this subdivision as a prior action item. Analysis of the requested relaxations is provided under the PUD staff report. To enable understanding of why the proposed plat does not comply with typical standards the relaxations are listed here. Several of the standards affect lot size and dimensions which are reflected on the plat. The summary of each relaxation, the customized zoning district incorporating those relaxations, and the overall reasoning behind the relaxations is in Section 9 of the subdivision submittal. The altered standards are depicted by lot and described in text in Appendix C of the Design Manual included in Section 10 of the subdivision submittal. Explanatory notes are attached to each section of the municipal code proposed to be altered. No action will be taken on these requested relaxations as part of the subdivision review. These findings are based on the previously approved planned unit development. Condition 31 requires a notice to purchasers to inform them of the unusual development standards in this development. This will avoid confusion, purchase under misapprehensions, and future conflicts between owners and the City. As the plat requires 18 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 7 of 28 approval of the PUD in order to conform to all regulations, Condition 7 establishes the sequence of approvals needed to enable approval of a final plat. Summary List of PUD Relaxations Code Section Summary of Section 1) 38.08.010.A.2 Intent of R-1 District 2) 38.08.020 Expand Authorized Uses in R-1 3) 38.08.030.A.2 Increase Allowed Lot Coverage and Floor Area 4) 38.08.040.A Reduce Minimum Lot Area 5) 38.08.040.B Reduce Minimum Lot Width 6) 38.08.050.A Reduce Yards 7) 38.08.060 Replace Building Height in R-1 to be the same as R-4 8) 38.22.030 Allow R-1 Accessory Dwelling Units (ADUs) without a Conditional Use Permit for defined lots 9) 38.23.040.B Allow Increased Block Length 10) 38.23.040.C Allow Smaller Block Width 11) 38.23.040.D.3 Allow Alternate Pedestrian Walk Surface 12) 38.23.040.E Not Require Block Numbering 13) 38.24.060.A Design Standards (length of tangent at intersection) 14) 38.24.060.B Alternate Alley Section to Allow Woonerf 15) 38.23.100.A.2 Reduction to minimum wetland setback 16) 38.23.080.F Increase percentage of front yard allowed for storm water facility 17) 38.25.010.A.5 Allow parking in designated side yards for common parking areas 18) 38.21.060.A.4 Increase the allowed encroachment for a covered deck in front yard SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the subdivision. Additional conditions apply to planned unit development being processed concurrently. Conditions of Approval: Planning 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office 19 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 8 of 28 has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. The final plat and all associated improvements must be completed consistent with the application as submitted except where required to be changed by the City of Bozeman. 4. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 5. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owner’s association of all any open space proposed to be conveyed to the property owner’s association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owner’s association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owner’s association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 6. Lot R2A shall be platted as undevelopable lots in accordance with Section 38.39.080.B.6 BMC. No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. The following language shall be placed on the conditions of approval sheet of the plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot R2A, of the Lakes at Valley West Subdivision Phase 3, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot R2A, of the Lakes at Valley West Subdivision Phase 3, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by 20 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 9 of 28 the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 7. The Planned Unit Development Final Plan shall be completed and approved by the City of Bozeman before the approval of the final plat. 8. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within the phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. Any cost sharing agreements for maintenance shall be included with the final plat. 9. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 10. Lot 11 shall be resized to comply with the required minimum lot size of 2,400 sq. ft. 11. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner’s association shall be transferred to the property owner’s association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 12. Drainage plans shall be required for each lot as part of the building permit application. 13. The public access easement referenced in the application materials for the common open spaces must be provided as a separate document describing the scope of the grant of easement and naming a custodian of the public’s interest in the easement. 14. The final maintenance plan must explicitly include all trails, paved or unpaved, within the common open spaces of phase 3. 15. The final plat shall contain the following notation on the conditions of approval sheet: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the 21 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 10 of 28 general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within the Lakes at Valley West Phase 3.” 16. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 17. The 1 foot wide no access strip along the private lot frontage of Durston Road and Laurel Parkway shall be included on the final plat. 18. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two-year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 19. Any public street lighting installed by this development shall be LED. 20. Any alleys that contain public utilities (water and/or sewer) shall have a minimum of 30’ wide right of way, and shall not contain any other utilities i.e. gas, electric, etc. 21. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat for the Lakes at Valley West Subdivision. As each final plat within the Lakes at Valley West Subdivision is approved the area and number of lots approved for development and associated lighting improvements shall be added to basis of the installed improvements and the fee payers of the district. Areas within the district which are platted as R lots shall not be assessed a fee or if it is determined that a fee must be charged to R Lots the lot shall be assessed as a single lot. 22. The property owners shall be responsible for a sewer surcharge for financing the costs of operation and maintenance of the sewage lift station. 23. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 24. All clear distances between the City utilities and right of way lines, gutters, trees, and other utilities shall be maintained as specified in the City Design Standards and Specification Policy. 25. The proposed development falls within a known area of high groundwater. No crawl spaces or basements may be constructed such that sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. 22 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 11 of 28 26. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 27. The applicant must add a note to the Conditions of Approval sheet of the plat to the effect that maintenance of Arnhem Way is the responsibility of the property owner's association. 28. Adjust the title of the “Director of Public Service” to the “Director of Public Works” on the plat documents. 29. The applicant must add a note to the Conditions of Approval sheet of the plat to the effect that maintenance of stormwater infrastructure is the responsibility of the property owner’s association. 30. The applicant must indicate the proposed snow storage areas for Arnhem Way on the Conditions sheet of the plat. The applicant must also add a note to the Conditions sheet of the plat to the effect that snow removed from Arnhem Way must either be placed in the snow storage areas or hauled offsite to an approved location. Snow may not be deposited on public right of way. 31. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Lakes at Valley West Subdivision Phase 3 are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Lakes at Valley West Subdivision Phase 3 and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Lakes at Valley West Subdivision Phase 3 approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Lakes at Valley West Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 32. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” 23 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 12 of 28 33. The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON- PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS OR STATE NONE). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number ______________________ (To be filled in when recorded) By: (Subdivider) Date: _____________________________ SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. A. BMC Section 38.23.030.A states: The developer shall install complete drainage facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are contained in the design standards and specifications policy and the city modifications to state public works standard specifications, and by this reference these standards are incorporated into and made a part of these regulations. No detention or retention facilities are proposed for drainage areas D1.1A and D1.1C. Detention or retention must be provided to limit offsite runoff to the predevelopment condition per Design Standards and Specifications Policy (DSSP) Section II. Upon further discussion, the applicant indicated, “Direct runoff from 24 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 13 of 28 drainage basins D1.1A and D1.1C is included in the calculations for total combined runoff to Aajker Creek and its tributary. The tributary is ¼ mile long and runs from the double arch culvert under Durston Road to the main stream channel. Total 10-year post-development peak runoff to Aajker Creek, including direct runoff from these basins, will be limited to the pre-development peak rate. Basins D1.1A and D1.1C consist of mostly pervious backyards that will provide biofiltration prior to discharge.” This is an acceptable approach, and the stormwater calculation for this proposal will be reviewed upon future submittal of the infrastructure plans, specifications, and design reports. The applicant must comply with DSSP Section II.A.4. Upon further discussion, the applicant indicated, “The two StormTech systems will be constructed on alluvial (gravel) material that provides very good infiltration. These systems also provide infiltration storage (capture). Further discussion and calculations will be provided with the final design.” This is an acceptable approach, and the calculations will be reviewed upon submittal of the infrastructure plans, specifications, and design reports. The proposed StormTech system sizing may require adjustment pending calculation of the 0.5-inch requirement. The applicant must provide an analysis of the post-development C factors used in the Rational Method stormwater calculations. The C factors used in the analysis seem low, but a detailed description of development of the C factors was not provided. Upon further discussion, the applicant indicated, “Calculations for C factors were provided in earlier drainage reports and addenda for the project. The previous C factors were carried forward and modified to fit the final Phase 3 layout; calculations for these modifications will be provided with the final design.” This is an acceptable approach, and the calculations will be reviewed upon submittal of the infrastructure plans, specifications, and design reports. B. BMC Section 38.41.060.11.b states: The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainageways and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. The applicant must provide a stormwater maintenance plan for review. The maintenance plan will be included with the property owner’s association (POA) documents to instruct the POA on maintenance of the stormwater system. The stormwater maintenance plan must be reviewed and approved prior to final plat approval. 25 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 14 of 28 C. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights shall be provided. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of CIL of water rights and pay any CIL of water rights due prior to final plat approval. D. BMC Section 38.23.070.A.1 states: The developer shall install complete municipal water and sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be required by the city to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state department of environmental quality and the city, and shall conform with any applicable facilities plan. The city's requirements are contained in the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference these standards are incorporated into and made a part of these regulations. Further, DSSP Section V.A.5 states: all main extensions shall be looped, where possible. The applicant must loop the eastern leg of the water main in Arnhem Way to the main in Durston. This will be reviewed upon future submittal of the infrastructure plans. E. BMC Section 38.23.060.C.1 states: A public utility easement shall be granted for all public utility mains not located within public street right-of-way. The applicant must provide a 30-foot easement for the water mains not located in the public right-of-way. The executed easement must be delivered to the City Engineering Department (Shawn Kohtz) prior to final plat approval. The easement must be executed on the City’s standard easement form for water and sewer mains. A copy of the standard easement form may be obtained from the City Engineering Department. F. BMC Section 38.23.060.A states: Where determined to be necessary, public and/or private easements shall be provided for private and public utilities, drainage, vehicular or pedestrian access, etc. The applicant must provide all necessary executed and filed easements prior to final plat approval. 26 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 15 of 28 G. If not already filed, 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: a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to Durston Road and Laurel Parkway The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide this waiver prior to final plat approval. H. Record Drawings have not been provided to the City for Phase 1 and 2 infrastructure improvements. The applicant must provide Record Drawings for those improvements prior to final plat approval. SECTION 5 - RECOMMENDATIONS AND ACTIONS The Development Review Committee (DRC) considered the application on August 17th and September 7, 2016. On September 7, 2016, the DRC found the application sufficient for review. The DRC recommended favorably on both the planned unit development and subdivision with conditions. The Recreation and Parks Advisory Board subdivision review committee considered the application on August 11, 2016. They recommended favorably on the application as presented. The Planning Board conducted a public hearing on the related subdivision and recommended approval of the subdivision to the City Commission. Public hearing date for the Planning Board was October 4, 2016. The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. Public hearing date before the City Commission was held on October 10, 2016 in the City Commission chamber, 121 N Rouse Avenue at 6 pm. 27 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 16 of 28 SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission considered the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Additional compliance and data necessary to verify compliance with Chapter 38 will be required with Conditions 2-6. Section 4 of this report identifies specific corrections necessary to comply with the municipal code. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on July 26, 2016. The application was reviewed and found inadequate for further review on August 17, 2016. Additional materials were provided in response to the request for additional information on August 31, 2016. The application was found adequate for review on September 7, 2016. The hearings before the Planning Board and City Commission were properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board forwarded a recommendation in a resolution and minutes to the City Commission who made the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate. Pursuant to Section 28 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 17 of 28 38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the subdivision application by December 21, 2016, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C. On September 27, 2016 the major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. An updated report was provided to the City Commission on October 5, 2016. The subdivision relies upon the associated planned unit development to meet the required zoning standards. The final plan for the planned unit development must be finished and receive final approval before the final plat is approved. Therefore, Condition 7 ensures that the final timing of the two applications will be properly coordinated. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations were met. Pertinent code provisions and site specific requirements are included in this finding of fact for the City Commission. Condition 6 addresses the two lots which will result from the subdivision which are not prepared for development. The required notice restricts them from development. Tracts which are less than 160 acres in size must be included within the bounds of the final plat. Section 4, item A-H address corrections required to comply with chapter 38, BMC. Conditions 8-10, and 16 ensure that identified regulations are met. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. All public utilities will be located within dedicated street right of way. Conditions 9 and 13 requires performance of this obligation. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards or an approved alternative with lot frontage as shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. The applicant proposed use of an alternative “woonerfs” standard to provide legal and physical access to some of the lots. A woonerf is a narrower street with a greater degree of sharing of use of the same space by multiple types of users. Approval for the woonerf section has been 29 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 18 of 28 requested through the associated PUD which is the correct method. The request for a woonerf was approved and therefore, this criterion is met. Access easements across common open spaces were proposed to connect some individual driveways to the dedicated right of way. Condition 17 restricts access to Durston Road by individual lots to preserve the function of the arterial street and reduce turning movement conflicts. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development and has been used for residential purposes. The property has previously been used as a gravel mine and has been heavily disturbed. All agricultural use of the property stopped over ten years ago. Property to the north, east, and south has also been or is in the process of being developed for non-agricultural uses. The property to the west is separated from this area by Aajker Creek and no street crossings or other development is proposed west of Aajker Creek. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a residential area according to the City of Bozeman Community Plan; the area is zoned for residential development, and has begun to develop. Overflow from the lake discharges to Aajker Creek and was previously permitted by the US Army Corps of Engineers. As a natural stream and water of the US no irrigation water user easement is necessary to protect access. No impediment to stream flow is proposed with this subdivision. Therefore, the proposed subdivision will have minimal impacts on agricultural water user facilities. 3) The effect on Local services Water/Sewer – Municipal water and sewer can be provided to this site. Internal water and sewer mains will be installed prior to final plat approval. Water service is currently in the Durston Road corridor and will be looped in accordance with engineering standards. Water for irrigation of open spaces will be required. If the applicant chooses to use a well or other non-municipal water supply to do so they must provide transfer of ownership to the HOA so that the HOA can legally have the water resources necessary to maintain the open space. A sewer main installed by prior phases serves the property in the Laurel Parkway right of way. The area will be served by an existing sewer lift station. Use of lift stations creates additional costs above that required by gravity sewers. Condition 22 requires that the future lot owners participate in offsetting these costs what are attributable to the property. Condition 20 ensures that adequate width utility easements are provided to enable safe installation of water and sewer mains. Condition 18 requires that an adequate warranty is provided and secured to ensure that installed infrastructure is serviceable. Inoperable infrastructure is a hazard and inhibits development of the site. 30 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 19 of 28 Conditions 23 and 24 coordinate between private and public utility locations and avoid conflicts between utilities and other objects. Streets – The initial phases of the Lakes at Valley West installed the remaining portions of Durston Road, a minor arterial, along the north side of the property from the western edge to the intersection of Cottonwood Road. This includes frontage along Bronken Park. The City participated with impact fee funding to oversize the street and install a traffic signal at Durston and Cottonwood intersection. Adequate street capacity is available for this project. Street lighting is a component of the required street improvements. The applicant proposed a lighting plan to meet the requirement. A special improvement lighting district was proposed to maintain these facilities. Conditions 19 and 21 ensures that the SILD will be formed and effective before final plat and that the lighting will be LED which will reduce long term costs and improve reliability for the residents. The City will be responsible to maintain Durston Road, Westgate Avenue and Westmorland Drive. The Home Owner’s Association (HOA) will be responsible to maintain the woonerfs. Maintenance and use of public streets is subject to the terms of the municipal code. It is important to have clear responsibilities for access and use by the public. Conditions 27 and 30 establish the responsible parties. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Condition 26 requires that the necessary addresses are provided to enable 911 response to individual homes. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of the home owner’s association. This responsibility is addressed in the covenants proposed with the subdivision which were previously recorded and are applied to this development. Condition 12 ensures that the stormwater system will be integrated with the individual developed lots to prevent flooding and stagnant water. Parklands - The previous phases of the Lakes at Valley West dedicated excess park land which was banked for future phases. This phases draws on that excess dedication. Adequate park land was provided. No new park land is proposed with this phase. This will be documented with the final plat per Condition 8. Substantial areas of private open space are also proposed in conjunction with the PUD. These areas will be in the ownership of the HOA and will be maintained by the HOA per Condition 15. A public access easement has been proposed by the applicant to enable public access to the open space. This is acceptable. A network of natural fines trails six feet in width are proposed within the development. The new trails will connect to existing trails to the east and the internal and external sidewalks and will 31 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 20 of 28 provide a substantial network throughout the development. Maintenance of the park and private open space facilities is an obligation of the home owner’s association. This responsibility is addressed in the covenants proposed with the subdivision. Condition 15 requires that this responsibility be referenced on the plat so that owners have an affirmative awareness of this responsibility. The applicant has proposed a paved trail along the Aajker Creek alignment. With additional extensions to the south, the trail will connect with a trail being constructed by the Norton development. Due to observed maintenance requirements on paved trails, the applicant is encouraged to construct the trail along Aajker Creek with a more durable surface such as permeable pavers. The maintenance of these facilities is heavily dependent on clear ownership and associated responsibilities. Conditions 14, 15, and 33 requires provisions for open space maintenance, notice to owners of obligations for maintenance, and a plat certificate to transfer ownership of common spaces and associated facilities to the property owner’s association. This does not require any additional facilities but simply addresses the transfer of ownership. 4) The effect on the Natural environment As described, the site has considerable wetlands and surface waters. There has been no material injury to the natural environment identified with this development. The applicant proposed the use of drought tolerant grasses in common areas. This is consistent with the City’s Integrated Water Resources Plan and Climate Action Plan which encourage conservation of resources. Some areas are already vegetated as a result of the wetland enhancement project permitted under a prior 404 permit process. There will be some disturbance of established vegetative areas as a result of the necessary street and trail construction. The City encourages use of wells or surface water rights to irrigate parks rather than municipal water supply. There is a lesser energy and infrastructure cost to this approach. However, in order for the City to rely on these sources to meet the code requirement there must be the rights to the water. Condition 11 requires that necessary ownership and rights are transferred to the HOA. The site is in an area of high groundwater which may negatively impact future homes. Adequate drainage plans are necessary to prevent the inappropriate transfer of stormwater runoff onto adjacent private property. Conditions 12 and 28 require notification of owners of potential hazard of groundwater and put a procedure in place to avoid in appropriate grade changes. During the period of development for the Valley West PUD which initiated the wetlands project which was approved through the completed 404 permit, the City revised its water course and wetlands standards. The applicant has performed fully on the 404 permit. The proposed development has some stream crossings for trails and has some park and lot area close to the required setback boundary. A PUD relaxation was advertised to allow such encroachments into the revised setbacks as may be required to be consistent with the original 404 permit. It has not been documented that encroachments do occur but this was considered by staff to be the correct 32 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 21 of 28 manner to address this issue in a manner open to public review but still protect the owner’s ability to rely upon the previously issued permitting. The project site has high ground water which can flood crawl spaces. Water removed from crawl spaces must go somewhere. Illicit discharges to the sanitary sewer consumes pipe capacity and can over burden the system. Discharge to streets can over burden the surface drainage system. Therefore, Condition 25 restricts placement of discharges from sump pumps. Condition 32 requires notice of the high ground water condition be given to purchasers through a note on the plat. 5) The effect on Wildlife and wildlife habitat The site has been substantially impacted already which has reduced wildlife habitat. The approved and constructed 404 permit created additional wetlands which provide small animal and bird habitat. Large animal habitat is displaced. FWP offered comment on prior phases and did not identify any barriers to this development. The lakes have been established for several years and future stocking of fish is proposed which will create some additional opportunity for water fowl. 6) The effect on Public health and safety The regulations in Chapter 38 of the Bozeman Municipal Code protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on May 18, 2016. With the pre-application plan review application, waivers were requested from the materials required in Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements.” The waiver requests from transportation, water, sewer, wetlands, and stormwater were not granted. Staff provided the following summary comments on the supplemental information required with Article 38.41, BMC. Some material is repeated from the original Lakes at Valley West preliminary plat application. 38.41.060.A.1 Surface Water Supplemental information was provided showing location of surface waters. The two lakes are the primary distinguishing features of the site. Baxter Creek crosses the site on the eastern side. Most surface waters will be contained within a publicly dedicated park or a protected common open space. The water features and protective regulations do not interfere with any proposed lot 33 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 22 of 28 location. The lakes are groundwater fed and have an outlet to Aajker Creek on the NW of the western pond. The lakes can be controlled in height in a depth range of approximately 3 feet. 38.41.060.A.2 Floodplains The mapped floodplains for Baxter Creek and Aajker Creek are located in common open spaces or parks. No floodplain encroachments are proposed except for allowed trail crossings. 38.41.060.A.3 Groundwater The groundwater level varies significantly across the site. The highest level is on the east adjacent to Baxter Creek and is at approximately 2 feet in depth. The lowest level is towards the NW portion of the site with a depth of 8 feet. Due to the comparatively high level of ground water Condition 38 requires that a note be placed on the plat advising future lot purchasers of the high groundwater. 38.41.060.A.4 Geology, Soils and Slopes Material waived. 38.41.060.A.5 Vegetation The site is mostly covered with grasses reestablished after the site was used as a gravel pit. A wetlands restoration project was permitted and completed to establish or expand wetlands on the perimeter of the lakes and in the Baxter Creek Natural Area. The US Army Corp of Engineers has given final approval for the wetland project. A variety of woody plants were placed around the lakes which are now ranging from 4 to 6 feet in height. The applicant proposes a mix of low water use grasses for most of the open space and park areas. It will be necessary to have initial irrigation in place to establish new planted areas. Such irrigation systems may be temporary in nature and may be removed after establishment of the vegetation. Condition 12 addresses this issue. 38.41.060.A.6 Wildlife Material waived. 38.41.060.A.7 Historical Features Material waived. There are no identified historical features on the site. 38.41.060.A.8 Agriculture The site was removed from agricultural uses in the early 2000’s when the original Valley West PUD was developed. The adjacent properties to the north and south are already developed as residential uses or are in process of development. The site has been greatly disturbed in the past by gravel mining operation. Surface soils are no longer suitable for agricultural uses. 38.41.060.A.9 Agricultural Water User Facilities No agricultural water user facilities cross Phase 3. 34 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 23 of 28 38.41.060.A.10 Water and Sewer The site will be served with municipal services as discussed under Criteria 3 of the Primary Review Criteria. A lift station is needed to direct sewage flow. Adequate information was provided with the application to facilitate review. Additional design details will be provided during the plan and specification review conducted by the Engineering division prior to construction. 38.41.060.A.11 Stormwater Management The application proposes to manage stormwater onsite. Review of the proposed methods of treatment shows compliance with adopted standards. Further analysis will occur during the plans and specifications review by the Engineering Division. 38.41.060.A.12 Streets, Roads and Alleys A traffic study was provided. Adequate capacity was demonstrated to accommodate this project. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide public utility easements along all front, side and rear lot lines as required by Section 38.23.050, BMC. However, in the event front and/or rear yard utility easements are used, side yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies and Director of Public Works indicating that front and rear yard 10-foot wide easements are adequate to service said subdivision lots. 38.41.060.A.14 Educational Facilities Material waived. 38.41.060.A.15 Land Use The associated planned unit development is the vehicle to modify lot dimensional standards and uses. If the PUD is approved, then the subdivision will be in conformance with required land use regulations. The use proposed is exclusively residential which conforms to the future land use designation and zoning purposes. 38.41.060.A.16 Parks and Recreation Facilities A park master plan was submitted which approved by the City Commission with Phase 1. The park plan provided adequate area of park. 38.41.060.A.17 Neighborhood Center Plan Material waived. 35 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 24 of 28 38.41.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. A lighting plan and installation of lights was proposed and accepted. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All street lights installed shall use LED light heads lights, including bollard light, and shall conform to the City’s requirement for cut-off shields. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article 38.43, BMC, is not compulsory at this time. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plat for a major subdivision for the subdivision of approximately 31.605 acres into 50 single-household residential lots, six (6) open space lot, one (1) lot for future subdivision, and with the remaining area as street right of ways. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 2 of this report and the correction of any 36 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 25 of 28 elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. E. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this 24th day of October, 2016. BOZEMAN CITY COMMISSION _________________________________ CARSON TAYLOR Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 37 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 26 of 28 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “R-1” (Residential Single Household Low Density District). The intent of the R-1 residential single-household low density district is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Residential.” The “Residential” classification designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features, such as floodplains, may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints, such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND The Lakes at Valley West Subdivision phase 3 has been submitted in conjunction with a Planned Unit Development. The project subdivides an area included with the original Valley West development begun in the late 1990’s. The developed portion of that project exists east of Cottonwood Road. The original Valley West development included Bronken Park and the Baxter Creek Natural Area. This property which is the subject of the current application has been physically altered over time to accommodate two lakes and adjacent wetlands that were required as wetland mitigation area for the phases of Valley West east of Cottonwood Road. This area has always been a planned phase of Valley West, but the approved PUD design had changed over time. This PUD proposal approved with phase 1 and continued with this 38 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 27 of 28 application requests a modified design that eliminates a small commercial element and proposes a small lot pocket neighborhood design with alternative access via a modified alley design. The new layout reduces the amount of parkland area with street frontage and provides, in lieu, a combination of parkland and public access open space with less street frontage. The development has the potential for additional phases of residential development. The subdivision of the property is proposed with 56 residential and open space and future development lots. As part of the overall design the applicant is proposing developing an unusual cross section for several “woonerfs” which are multi-user streets with a narrow character. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.40, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Additionally, notice of the project was published on the City of Bozeman website. Content of the notice contained all elements required by Article 38.40, BMC. No public comments were received. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: The Lakes at Valley West Bozeman, LLC, 4515 North 56th Street, Phoenix AZ 85018- 3119 Applicant: The Lakes at Valley West Bozeman, LLC, 2880 Technology Blvd W, Bozeman MT 59718 Representative: Morrison Maierle, Inc. PO box 1113, Bozeman, MT 59771 Report By: Chris Saunders, Policy and Planning Manager FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. A special surcharge will be required to offset the expenses associated with service by the sewer lift station. Other than these items no unique fiscal effects or impact on budgeted items have been determined. 39 16320, City Commission Staff Report - Lakes at Valley West Ph. 3 Subdivision Page 28 of 28 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 40