HomeMy WebLinkAbout17- Findings of Fact and Order - The Lakes at Valley West Phase 4 Preliminary Planned Unite Development (PUD) Page 1 of 23
17150, City Commission Findings of Fact for The Lakes at Valley West Phase
4 Preliminary Planned Unit Development (PUD)
Date: Design Review Board (DRB) Meeting of May 24, 2017 at 5:30 pm in the City
Commission Room, City Hall, 121 N. Rouse Avenue.
City Commission public hearing, June 19, 2017 at 6:00 pm in the City Commission
room, City Hall, 121 N. Rouse Avenue.
Project Description: A Preliminary Planned Unit Development application for the 4th phase
of a multi-phase residential development located on 65 acres south of Durston Road,
east and west of an extension of Laurel Parkway. Phase Four includes 21.059 total
acres with 2.703 acres to be developed for 27 dwellings on 25 lots and the balance of
the area in right of way, open spaces, and a 9.885 acre lot for future development.
Fifteen relaxations were approved with previous phases and are continued to be
requested with this application.
Project Location: Lot R2A of Phase 3 of the Lakes at Valley West Subdivision, located in
the NW 1/4 of Section 9 Township 2S, Range 5E PMM City of Bozeman, Montana.
Located at 5600 Durston Road
Action: Approval with conditions
Motion City Commission: 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 17150 and move to approve the planned
unit development with conditions and subject to all applicable code provisions.
Staff Contacts: Chris Saunders, Community Development
Shawn Kohtz, Engineering
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Project Summary
The proposed Planned Unit Development(PUD) continues the previously approved Lakes at
Valley West PUD. PUD relaxations approved in that project added uses to the existing R-1
district,modified numeric standards of the R-1 district, established an alternate alley
standard, and modified block dimensions. The PUD is proposed in conjunction with a
subdivision to create 25 residential lots for 27 homes with associated open space.
The project is a continuation of the Valley West Planned Unit Development. This project will
have a customized R-1 district which will be in effect only within the project boundaries.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 2 of 23
Unless the PUD modifies a standard, the base requirements of the Unified Development
Code remain in effect.
This project proposes a unique combination of uses and configuration. The applicant asserts
that the overall outcome of the proposal is superior to what would be obtained from the
application of the default R-1 district. The outcome will be a diverse small scale
neighborhood with unique access and development standards. Homes are expected to be
smaller than what is commonly constructed in Bozeman. Substantial open space is provided
in both public and private ownerships. This combination is not presently available in the
community. A description of the lot and home sizes from prior phases has been provided.
The first three phases provided more than the minimum park land as a bank for future phases.
This phase is drawing on that reserve. Open space is provided within the phase.
The PUD, with the recommended conditions, conforms to the requirements of the Unified
Development Code criteria. This is the fourth phase of the development and prior phases
have identified and resolved the design issues. This phase is executing the previously
approved concepts in phases 1-3. A PUD is a discretionary approval and the review authority
-must find that the overall development is superior to that offered by the basic existing
zoning standards. See Section 38.20.030.A.4, BMC. The obligation to show a superior
outcome is the responsibility of the applicant.
Design Review Board
The Design Review Board considered the application on May 24, 2017. No public comments
were received. The DRB recommended approval of the application with the conditions
proposed by staff. The video of the meeting is available at
http://www.bozeman.net/services/city-tv-and-streaming-audio.
TABLE OF CONTENTS
EXECUTIVESUMMARY ...................................................................................................... 1
ProjectSummary................................................................................................................. 1
DesignReview Board.........................................................................................................2
SECTION1 - MAP SERIES .................................................................................................... 4
SECTION 2—REQUESTED RELAXATIONS ....................................................................... 6
SECTION 3 - CONDITIONS OF APPROVAL....................................................................... 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 7
SECTION 5 -RECOMMENDATIONS AND ACTIONS....................................................... 8
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 3 of 23
Applicable Plan Review Criteria, Section 38.19.100, BMC............................................... 8
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC.............. 12
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 17
APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY................................ 20
APPENDIX B—DETAILED PROJECT DESCRIPTION AND BACKGROUND..............20
APPENDIX C—NOTICING AND PUBLIC COMMENT ................................................... 21
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 21
APPENDIX E—PLANNED UNIT DEVELOPMENT INTENT........................................... 21
FISCALEFFECTS.................................................................................................................22
ATTACHMENTS................................................................................................................... 22
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development (PUD) Page 4 of 23
SECTION I -MAP SERIES
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17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 5 of 23
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Overall project layout showing possible future phases.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 6 of 23
PRELWLVARYrLAT
THE LAKES AT VALLEY WEST-PHASE 4
LOT 1L2A OF PHASE 3 OF THE LAKES AT VALLEY WEST SUBDIVLSLD. MAT J-XXX,
err/ SIYUKrvi)1,1 rHH HEIM NWI/4,OF SECTION 9,1OW`1SHI112 SOUTH,RANGHS FAST.
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Phase layout
SECTION REQUESTED RELAXATIONS
Planned Unit Development Relaxations are requested with this application. The applicant
has requested relaxations to the following standards. The summary of each relaxation,the
customized zoning district incorporating those relaxations, and the overall reasoning behind
the relaxations is in Section D6 of the PUD submittal. The altered standards are depicted by
lot and described in text in Appendix C of the Design Manual included in the PUD submittal.
Explanatory notes are attached to each section of the municipal code proposed to be altered.
Items 1-15 were previously approved with phases 1-3.
Summary List of 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) 38.08.040.13 Reduce Minimum Lot Width
6) 38.08.050.A Reduce Yards
17150, City Commission Findings of Fact for The Lakes at Valley West Please 4
Preliminary Planned Unit Development(PUD) Page 7 of 23
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) 38.23.040.13 Allow Increased Block Length
10)38.23.040.0 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)38.24.060.13 Alternate Alley Section to Allow Woonerf
15)38.23.100.A.2 Reduction to minimum wetland setback
SECTION - CONDITIONS OF APPROVAL
These conditions are in addition to any required code provisions identified in this report.
These conditions are specific to the planned unit development. Additional conditions apply to
the subdivision of the property (Application 17149)being processed concurrently with this
planned unit development.
Recommended Conditions of Approval:
1. The final PUD plan shall be submitted, reviewed, and approved prior to approval of the
final plat.
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 applicant shall submit with the application for Final PUD Plan review and approval,
a written narrative stating how they have responded to each of these comments.This
narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan,
sheet, note, covenant, etc. in the submittal.
4. The final plan submittal shall identify the uses to be allowed on each proposed lot in the
design guidelines and associated development standards as was done with Phases 1-3.
S. No property may be removed from the covenants without written approval of the City
of Bozeman.
6. The City of Bozeman has relied upon the overall design standards required as part of
the planned unit development application. The design standards may not be altered
without consent of the City.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 8 of 23
A.None are identified at this time.
SECTION 5 -RECOMMENDATIONS AND ACTIONS
The Development Review Committee (DRC) considered the Planned Unit Development on
April 26, 2017. The DRC found that the application was adequate to proceed in review.
The Design Review Board(DRB) considered the application on May 24, 2017 and
recommended approval of the application to the City Commission with conditions.
The Planning Board conducted a public hearing on the related subdivision on June 6, 2017
and recommended approval of the subdivision to the City Commission with conditions and
code corrections.
The City Commission considered and approved the proposal on June 19, 2017.
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 in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100,BMC.
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.
In considering applications for plan approval under this title,the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City's adopted growth policy
This project is proposing residential uses within a residentially planned area. No conflicts
have been identified with the growth policy future land use designation or goals and policies.
Section 1 c of the application is the applicant's response to this criterion. The application
support various growth policy goals and principles as described in Section lc of the
application.No conflicts with the growth policy have been identified.
2. Conformance to this chapter, including the cessation of any current violations
There are no known violations on the property. The project proposes several alternative
standards for development within the PUD. If the remaining PUD and subdivision processes
are completed, and the City Commission approves the requested relaxations,then the project
will be in conformance. If the Commission does not approve the relaxations then the project
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development (PUD) Page 9 of 23
will not be in conformance and should not be approved. The Commission approved the
relaxations.
Relaxations 3, 4, 5 request alternate standards for individual lots. The specific applications of
Relaxations 1-8 are shown in Appendix C of the Design Manual in the PUD submittal. The
remaining relaxations 9-14 are primarily related to the subdivision design.
3. Conformance with all other applicable laws, ordinances, and regulations
Applications for design and review of infrastructure, compliance with building permits, and
related processes are future events. Compliance will be required as the project advances. The
application includes correspondence regarding wetland and water right changes indicating
the applicants have begun the required processes.
4. Relationship of site plan elements to conditions both on and off the property
The proposed construction of the street network provides for connectivity and continuity of
streets. Trail networks are proposed that cross the project and are connected to perimeter and
internal sidewalks. The proposed location of additional open space will integrate with the
existing Bronken Park, Baxter Creek Natural Area, and associated trails. A paved trail is
proposed along the western edge of the project which can be connected to a developing
similar trail in development to the south and a prior phase to the north. This trail connection
will be an important N-S connection.
The property is bounded either by prior phases of the development or by landscaped open
spaces. The physical separation provides a green edge that separates the unusual lot
configurations on the property. The individual home sites are unlikely to have negative
affects off the property. The proposed design manual and standards are proposed to mitigate
potential conflicts. No particular conflicts have been identified.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Adequate parking appears to be provided. The application does not request relaxations
related to parking. The site is accessed by Durston Road, an arterial street and Laurel
Parkway, a collector street. Westmorland and Westgate are local streets providing internal
circulation. The named woonerfs provide access to most of the homes. The anticipated traffic
load does not exceed the capacity of the streets. The woonerfs have been tested by traffic
during the past winter and appear to work adequately. Active snow management provided by
the HOA is necessary to achieve this result. This is established in the conditions of approval
of the subdivision and the associated supplementary documents.
6. Pedestrian and vehicular ingress and egress
Adequate circulation is provided. The street cross sections will be further analyzed with the
subdivision. The woonerf section has been installed in the first three phases. At this time it
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development (PUD) Page 10 of 23
appears to be functional. The proposed street network provides adequate access and
circulation.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
The pedestrian trail and street networks and open space landscaping are shown on sheet SD1
of the open space plan in the application. The classification of the various streets and trails
are depicted and are consistent with other phases and City standards. The landscaping plan
demonstrates compliance with the landscaping requirements of Article 3 8.26.
8. Open space
The project proposes several open spaces. The area along Aajker Creek provides a buffer to
the creek and to the adjacent homes. The large section of the pond being set aside as open
space is included with a public access easement. The required amount of open space is
provided.
9. Building location and height
The PUD proposes to replace the existing R-1 allowed building heights with those of the R-4
zoning district. The overall difference is a maximum of eight feet in height. The proposed lot
sizes are in some circumstances much smaller than normal for the R-1 district. The additional
allowed height enables the homes to have additional area on upper floors. This is Relaxation
#7. The allowance for smaller lots and taller buildings is part of the distinctive nature of the
Lakes at Valley West. The additional height allowance provides opportunities for steeper
roof pitches.
10. Setbacks
Relaxation 6 modifies the setbacks. Some lots adjacent to open spaces will have reduced rear
yard setbacks. Lots adjacent to woonerfs will have a setback of 15 feet. Setbacks are
included on the individual lot diagrams in the design manual. A buildable lot area appears to
be provided for each parcel.
11. Lighting
New lighting will be required along the public streets. The proposed street lights and building
mounted lights conform to the City's dark sky requirements. The private lighting is subject to
the proposed design guidelines which direct use of LED lighting. Lighting has already been
installed along Durston Road and appropriate internal intersections.
12. Provisions for utilities, including efficient public services and facilities
All necessary utilities appear to be provided. This issue is addressed primarily through the
companion subdivision application and associated conditions of approval.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 11 of 23
13. Site surface drainage
Drainage is placed within appropriate locations. Placement and design will be addressed with
the subdivision conditions.
14. Loading and unloading areas
None are proposed.
15. Grading
The site has little natural contours. Two large artificial lakes already exist on the site which
provide the greatest topographic change. No substantial grading is proposed except for that
required for the installation of streets. Future phases have several large piles of gravel
excavated from the lakes. No changes with those are proposed at this time.
16. Signage
None is proposed at this time.
17. Screening
No proposed element of the project requires screening at this time. The design manual
approved with earlier phases and continued to this project addresses screening with
individual residences.
18. Overlay district provisions
Not applicable to this application.
19. Other related matters, including relevant comment from affected parties
No public comment was received during the review of the application.
20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title,whether the lots are either:
Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
Not applicable. The site will be divided according to the companion subdivision.
21. Compliance with article 38.43 of the Bozeman Municipal Code.
This application was deemed adequate prior to the effective date of this requirement. The
application does not propose price restricted housing.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 12 of 23
22. Phasing of development
The present project is the subsequent phase of the project. The prior phases are being
completed at this time. The phases appear adequate to enable use and development of the
property independent of other work.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 3 8.19.100,the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces,walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The site is adequate. The existing lakes have been used as design features and are integrated
into the development. Landscaped area are coordinated with adjacent property and within the
proposed development. Parking is provided on each lot and along the public streets. Special
areas are designated along the woonerf.
The relaxations will allow a tighter development pattern. The resulting designs for homes
will require substantial care to conform to the Design Manual. The applicant has provided
within the Design Manual lot specific information to enable future designers to comply. The
proposed standards appear achievable.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden
of proof,
No adverse impacts to abutting properties have been identified. Issues of traffic impacts,
which do interact with the larger transportation system, will be addressed with the related
subdivision.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 13 of 23
3.That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise,vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
1. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
The proposed covenants associated with the project will address these areas. The covenants
will be addressed primarily through the comments on the related subdivision. No changes to
the previously approved covenant are proposed other than to extend them to this phase of
development.
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land,his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development (PUD) Page 14 of 23
property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final site plan process
and will be required prior to approval of the final site plan.
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC
Sections D6 and D 16 of the application presents the applicant's response to these criteria.
2. In addition to the criteria for all site plan and conditional use reviews, the following
criteria will be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development shall
be reviewed against, and comply with, the applicable objectives and criteria of the
mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies,fire protection, electricity,flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets?
Except for those standards proposed for relaxation it appears the application conforms.
(2) Does the project preserve or replace existing natural vegetation?
The site has been substantially disturbed by previous development. There are some existing
wetland areas within proposed open spaces which will remain largely undisturbed except for
installation of pedestrian trails. There will be substantial placement of new vegetation within
the open spaces and parks. Wetland areas in the open spaces were previously reviewed and
approved with a 404 permit. The permit has been closed. The project is providing a buffer
along Aajker Creels which will lessen disturbance of that vegetation.
(3)Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to produce an efficient,fitnctionally organized and cohesive
planned unit development?
Yes,the proposal appears cohesive and has a variety of coordinating elements ranging from
design standards to physical street configurations.
(4) Does the design and arrangement of elements of the site plan (e.g., building construction,
orientation, and placement; transportation networks; selection and placement of landscape
materials; andlor use of renewable energy sources; etc.) contribute to the overall reduction
of energy use by the project?
The project has lot layouts which are favorable to installation of solar systems. Such systems
are not proposed at this time. Individual site designs have not been completed. The site will
be integrated in to the existing and developing pedestrian and bicycle network which will
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development (PUD) Page 15 of 23
enable travel without motor vehicles. The site is on the western edge of the City at this time
and there are few services or employment locations in near proximity at this time. Services
are developing on other sites along Cottonwood Road and Huffine Lane.
(5)Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to maximize the privacy by the residents of the project?
The site designs for individual lots are not known at this time. They will be designed
individually. The Design Manual provides guidelines in this area which appear to address
this criterion.
(6)Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area ofpark
land or open space been provided for each proposed dwelling as required by section
38.27.020.
The project has a surplus balance of parkland from prior dedications. No additional park land
is proposed with this phase. The tabulation of parkland is provided in the subdivision
submittal. The standard is met. Individual open space by unit is not applicable.
(7)Performance. All PUDs shall earn at least 20 performance points.
With a PUD, Section 38.20.090.E.2.a.7 requires at least 20 performance points for the subject
property. There are 11 options provided in the UDC to meet this requirement. Points can be
met using any combination of on-site and off-site open space or other options listed in the
code. The Preliminary PUD must specify how the performance points are being met.
Open space provisions for phased PUD developments: If a project is to be built in phases,
each phase shall include an appropriate share of the proposed recreational, open space,
affordable housing and other site and building amenities of the entire development used to
meet the requirements of section 38.20.090.E.2. The appropriate share of the amenities for
each phase shall be determined for each specific project at the time of preliminary approval
and shall not be based solely upon a proportional or equal share for the entire site.
The Lakes at Valley West Phase 4 PUD satisfies the performance requirement solely with
additional open space. The tabulation is under the parkland section of the application. Public
access to the open space will be provided by easement.
(8) Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become an isolated
'pad"to adjoining development?
The overall property is well integrated into the arterial and collector system. Local streets
provide additional connectivity. The two lakes and associated stream and wetland areas are
substantial barriers which limit connectivity. Trail connections have been placed to improve
connectivity to Bronken Park and its trails. This current phase continues the trail networks.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 16 of 23
b. Residential. Planned unit developments in residential areas (R-S,R-1,R-2,R-3,
R-4,RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the maximum
extent possible, preserve and promote the unique character of neighborhoods,with
provisions for a mix of limited commercial development. For purposes of this section,
"limited commercial development" means uses listed in the B-1 neighborhood service
district (article 10 of this chapter),within the parameters set forth below. All uses
within the PUD must be sited and designed such that the activities present will not
detrimentally affect the adjacent residential neighborhood. The permitted number of
residential dwelling units shall be determined by the provision of and proximity to
public services and subject to the following limitations:
(1) On a net acreage basis, is the average residential density in the project(calculated for
residential portion of the site only) consistent with the development densities set forth in the
land use guidelines of the city growth policy?
The property is planned a Residential and zoned as R-1. The R-1 district has a standard
minimum lot size of 5,000 sq ft. This provides a base net density of 8.7 dwellings per acre.
Appendix A of this report describes the range of planned residential densities of between 6
and 32 dwellings per acre in Bozeman. Application element D7 provides the required
calculation for the density bonus. Proposed density complies with the growth policy and this
standard.
(2) Does the project provide for private outdoor areas (e.g.,private yards,patios and
balconies, etc.)for use by the residents and employees of the project which are sufficient in
size and have adequate light, sun, ventilation,privacy and convenient access to the
household or commercial units they are intended to serve?
Private spaces are provided on each lot. The central open spaces provide additional light and
ventilations to adjacent lots.
(3) Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities?
Yes, private open spaces are provided. Park land was provided with earlier phases.
(4) If the project is proposing a residential density bonus as described below, does it include
a variety of housing types and styles designed to address community wide issues of
affordability and diversity of housing stock?
The project includes a diversity of housing types. Relaxation 2 allows additional housing
types within the R-1 zoning district and Relaxation 8 enables inclusion of accessory dwelling
units without a conditional use permit on specific lots.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 17 of 23
(5) Is the overall project designed to enhance the natural environment, conserve energy and
to provide efficient public services and facilities?
Yes. See the Design Manual for description of sustainability elements. The site has been
annexed for many years and is served by municipal services. Additional on-site extensions of
services will be required as is expected with new development.
(6) Residential density bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district within which the
project is located and which is set forth in article 8 of this chapter, does the proposed project
exceed the established regulatory design standards (such as for setbacks, off-street parking,
open space, etc.) and ensure compatibility with adjacent neighborhood development? The
number of dwelling units obtained by the density bonus shall be determined by dividing the
lot area required for the dwelling unit type by one plus the percentage of density bonus
sought. The minimum lot area per dwelling obtained by this calculation shall be provided
within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the
base density upon which the density bonus is calculated.
Application element D7 provides the required calculation for the density bonus. Proposed
density complies with the growth policy and this standard.
(7) Limited commercial. If limited commercial development, as defined above, is proposed
within the project, is less than 20 percent of the gross area of the PUD designated to be used
for offices or neighborhood service activities not ordinarily allowed in the particular
residential zoning district?
No limited commercial is proposed.
(8) Does the overall PUD recognize and, to the maximum extentpossible,preserve and
promote the unique character of neighborhoods in the surrounding area?
Yes, The property to the north is approved for residential uses and is primarily developed as
detached homes. The property to the east is Bronken Park to which the development
provided an addition of five acres with Phase 1. Additional parkland is expected in the future
from subsequent phases. As discussed in the application materials,the Valley West
development, of which this is a part, has a character defined by the existing PUD.
SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A) PURSUANT to Chapter 38,Articles 19, 20, and 40, 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 plan for the planned unit development
described in this findings of fact was conducted. The applicant presented to the City a
proposed preliminary plan for a planned unit development as a fourth phase of an existing
PUD. The phase includes 27 dwellings on 25 lots with associated open spaces and streets and
one lot for future development. Fifteen relaxations to City standards were proposed.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 18 of 23
Development of the unplatted area of the PUD will require additional submittal for review as
subdivisions. The purposes of the preliminary plan 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; and to
determine whether the plat should be approved, conditionally approved, or denied.
B) It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plan 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 plan of the PUD 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 them regarding this application, the City
Commission makes the following decision.
C) The preliminary plan has been found to meet the criteria of Chapter 3 8, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 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.
D) This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, by following the procedures of Section 38.35.080, BMC. The
preliminary approval of this planned unit development shall be effective for one (1) year
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 developer, grant individual extensions to its approval by
the Community Development Director for a period of not more than six months at a time
consistent with the requirements of Section 38.19.120 and 38.20.060, BMC.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 19 of 23
DATED this 101h day of July, 2017.
BOZEMAN CITY COMMISSION
CARSON TAYLOR
Mayor
ATTEST:
8OZE.
J
ROBIN CROI
City Clerk * •• {^` !.
! TIN CO APPROVED AS TO FORM:
4A
616EG4&LIVAN
City Attorney
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 20 of 23
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 Planned Unit Development proposes to modify the existing Valley
West development. 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 overtime to accommodate two lakes and adjacent wetlands that were required as
wetland mitigation area for the phases of Valley West east of Cottonwood Road.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 21 of 23
This area has always been a planned phase of Valley West, but the approved PUD design has
changed over time. This latest proposal 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. A subdivision of the property is proposed with five phases
with a mix of townhome and detached home lots.
The PUD seeks to create a unique pocket neighborhood with small lots and alley (woonerf)
access. A detailed Design Manual has been prepared. The first three phases have completed
review and are platted. Home construction has begun. This project will continue the general
pattern established in the initial phases.
APPENDIX C—NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Design Review Board
and City Commission public hearings. No public comments were received.
APPENDIX D - OWNER INFORMA TION AND REVIEWING STAFF
Owner: The Lakes at Valley West, Bozeman, Two, LLC, 2880 Technology Blvd., Bozeman MT
59718
Applicant: Kilday & Stratton, Inc., 2880 Technology Blvd., Bozeman MT 59718
Representative: Morrison Maierle, Inc. 2880 Technology Boulevard W,Bozeman, MT 59718
Report By: Chris Saunders, Policy and Planning Manager
APPENDIX E PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.20.010. Intent.
A. It is the intent of the city through the use of the planned unit development (PUD) concept,
to promote maximum flexibility and innovation in the development of land and the design of
development projects within the city. Specifically, with regard to the improvement and
protection of the public health, safety and general welfare, it shall be the intent of this chapter
to promote the city's pursuit of the following community objectives:
1. To ensure that future growth and development occurring within the city is in accord with the
city's adopted growth policy, its specific elements, and its goals, objectives and policies;
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development (PUD) Page 22 of 23
2. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing,recreation, shopping and employment may extend to
all citizens of the city area;
3. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open space
and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water quality
and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation,thereby reducing traffic congestion and degradation of the existing air quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special features of
the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer,the neighborhood and the community as a
whole;
14. To promote the efficient use of land resources, full use of urban services,mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040
FISCAL EFFECTS
No individually budgeted items will be affected by this application. Normal costs and revenues
will occur with the new development.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
17150, City Commission Findings of Fact for The Lakes at Valley West Phase 4
Preliminary Planned Unit Development(PUD) Page 23 of 23