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HomeMy WebLinkAbout05-07-18 City Commission Packet Materials - A3. Prelim Plat for The Lakes at Valley West, Phases 5 & 6Page 1 of 27 18022, City Commission Staff Report for the Lakes at Valley West Phase 5 & 6 Subdivision Date: Planning Board, April 17, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission, May 7, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Major Subdivision application for the 5th & 6th 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. Total of 20.86 acres for 79 dwellings with 20 Accessory Dwelling Units (ADU), nine open space lots, and one park lot. Seventeen relaxations are requested with the PUD associated with this application. Project Location: Lot R2A of Phase 3 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 Recommendation: Approval with conditions Commission Recommended 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 18022 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: April 27, 2018 Staff Contact: Sarah Rosenberg, Community Development Shawn Kohtz, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues If the Planned Unit Development (PUD) and associated relaxations are not approved, then the conditions and findings of this report will need to be modified. The analysis summarized in this report assumed approval of the requested relaxations. Staff has recommended approval of the PUD and associated relaxations. Project Summary This subdivision and associated PUD proposes a unique combination of uses and configuration. The applicant asserts that the overall outcome of the proposal is superior to what would be 156 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 2 of 27 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. A summary of constructed dwellings to date in earlier phases is included with the submittal materials. Substantial open space will be provided in both public and private ownerships. This combination is not presently available in the community. Park dedication exceeded the minimum required with earlier phases and this phase draws on those banked credits. Two existing lakes are incorporated into the design of the subdivision. Major streets are constructed per the City’s standards. An alternative street standard (woonerf) is used in portions of the pocket neighborhoods to create a unique design character. Approval for the non-standard street and a total of 17 relaxations from City of Bozeman standards have been requested through the associated PUD. The relaxations were previously approved with prior phases of the PUD and are continued on with this application. No action regarding the relaxations will be taken through the subdivision review. Planning Board The Planning Board conducted the required public hearing on April 17, 2018. No public comment was received. After discussion and deliberation, the Planning Board recommended approval of the subdivision on a vote of 7-0. Condition 12 was deleted as duplicative to condition 10 which discusses requirements for utility easements. Public Comment There has been no public comment received in response to the project notice. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Planning Board.................................................................................................................... 2 157 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 3 of 27 Public Comment.................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 14 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 16 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 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 25 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 25 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 26 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 26 FISCAL EFFECTS ....................................................................................................................... 26 ATTACHMENTS ......................................................................................................................... 27 158 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 4 of 27 SECTION 1 - MAP SERIES Zoning Vicinity Map 159 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 5 of 27 Overall Project Boundaries 160 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 6 of 27 Overall phase plan with Phase 5 & 6 highlighted Master Site Plan 161 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 7 of 27 Proposed layout for Phase 5 & 6 162 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 8 of 27 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. The associated PUD has requested 17 relaxations. 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. This review assumes that the requested relaxations have been approved. If that is not correct, then additional analysis will be required. Condition 27 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 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. The relaxations listed are have the same scope and effect in this phase as phases 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) 38.27.060 Reduce Parkland frontage 163 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 9 of 27 17) 38.21.060.4 Increase covered deck yard encroachment SECTION 3 - RECOMMENDED 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 planned unit development. Additional conditions may apply to the subdivision of the property being processed concurrently with this planned unit development. Recommended 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 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 164 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 10 of 27 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. Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 7. The location of mailboxes must be coordinated with the City Engineering Department prior to their installation. 8. All lots 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 5 & 6, 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 R2B, of the Lakes at Valley West Subdivision Phase 5 & 6, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by 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.” 9. The Planned Unit Development Final Plan shall be completed and approved by the City of Bozeman before the approval of the final plat. 10. The final plat must provide all necessary utility easements and must 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 provide will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 11. 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 165 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 11 of 27 of each. Any cost sharing agreements for maintenance shall be included with the final plat. 12. 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. 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 5 & 6. 15. The snow storage easements and areas must be reconfigured to not block the trails or sidewalks within the open spaces. 16. 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 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 5 & 6.” 17. 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. 18. Any public street lighting installed by this development shall be LED. 19. 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. 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. 166 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 12 of 27 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 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. 26. 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 5 & 6 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 5 & 6 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 5 & 6 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. 27. The applicant must add a note to the Conditions sheet of the plat to the effect that maintenance of stormwater infrastructure is the responsibility of the property owner’s association. 28. 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: 167 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 13 of 27 “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.” 29. The applicant must add a note to the Conditions sheet of the plat to the effect that this 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 discharge onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. 30. The applicant must add a note to the Conditions sheet of the plat to the effect that due to the potential for high groundwater 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. 31. The applicant must add a note to the Conditions sheet of the plat to the effect City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon a third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made on upon the lot. 32. The applicant must indicate the proposed snow storage areas for all woonerf alleys 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 the woonerf alleys 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 or in street vision triangles. 33. The applicant must construct no parking signs and paint curbs 20-feet from intersections of woonerf alleys with local streets. City solid waste trucks are not able to turn onto local streets from woonerf alleys in prior phases when cars are parked on the local street too close to the intersections. The applicant must demonstrate this item prior to approval of engineering plans and specifications and prior to final plat approval. 34. 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 168 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 14 of 27 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. 35. Record drawings for previous phases of the project shall be submitted to the City prior to final plat approval of this phase. 36. 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. 169 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 15 of 27 A. Bozeman Municipal Code (BMC) Section 38.25.020.M states: Snow removal storage areas shall be provided sufficient to store snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas, shall not cause snow to be deposited on public rights-of-way, shall not include areas provided for required parking access and spaces, and shall not be placed in such a manner as to damage landscaping. Snow storage on Herstal Way is shown behind parking pullouts on the plan view but is shown as being placed in the planter/parking area on the profile view. For clarification, snow storage must not be placed on the parking portion of the woonerf. Snow storage easements must not be placed over driveways, sidewalks, or pathways. Similar snow storage easements will be required on the south side of Ostend Lane and shall be provided prior to preliminary plat approval. Offsite snow storage easements in Open Space D must not be placed over pathways. Additional information shall be provided indicating how snow removal will occur without disturbing landscaping and trails in Open Space D. Easements providing access to the snow storage areas shall be provided or provisions for crossing Open Space D with snow removal equipment to access the storage areas shall be provided and approved prior to final plat approval. B. BMC Section 38.41.060.11.b states: The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. The applicant must include the stormwater maintenance plan approved for Phase 4 in the property owners’ association (POA) documents for Phase 5 & 6 and expand the verbiage to include improvements installed with Phase 5 & 6. 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 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 170 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 16 of 27 by this reference these standards are incorporated into and made a part of these regulations. Per the City of Bozeman Design Standards, fire hydrants are required at all street intersections. The connection with the existing water system shall be made with a new valve. SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The Development Review Committee (DRC) considered the application on February 14, 2018. The DRC found the application sufficient for review. The DRC recommended favorably on both the planned unit development and subdivision with conditions. The Design Review Board (DRB) considered the Planned Unit Development application on March 28, 2018. The DRB forwarded its recommendation to the City Commission. The Planning Board reviewed the application at a public hearing on April 17, 2018 and recommended approval of the application with the conditions outlined in this report to the City Commission. Public hearing date for the City Commission is May 7, 2018. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. 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 shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been 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 171 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 17 of 27 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 2-11. 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 January 17, 2018. The application was found adequate for further review on March 9, 2018. The hearings before the Planning Board and City Commission have been properly noticed as required by the municipal code. Based on the recommendation of the DRC, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with fewer than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to Section 38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the subdivision application by May 8, 2018, 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 April 12, 2018, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. The Planning Board recommended approval with conditions at the hearing. The staff report for the City Commission to review was forwarded on April 27, 2018. 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 9 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 appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. Condition 8 addresses the lot which will result from the subdivision which is not prepared for development. The required notice will restrict 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-G address corrections required to comply with chapter 38, BMC. The conditions ensure that identified regulations are met. 172 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 18 of 27 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, must 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. 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 has 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 requested through the associated PUD which is the correct method. If the request is not approved, then this criterion has not been met. Access easements across common open spaces have been proposed to connect some individual driveways to the dedicated right of way. 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. Over flow 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 173 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 19 of 27 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 is extended into earlier phases of the project. Water mains 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 that 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 19 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. 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. Adequate street capacity is available for this project. Street lighting is a component of the required street improvements. The applicant has proposed a lighting plan to meet the requirement. A special improvement lighting district is proposed to maintain these facilities. Conditions 18 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 Property Owner’s Association (POA) 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 17 and 27 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 25 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 owners 174 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 20 of 27 association. This responsibility is addressed in the covenants proposed with the subdivision which were previously recorded and are applied to this development. Condition 29 ensures that the stormwater system is 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. This will be documented with the final plat per Condition 11. 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 16. 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 provide a substantial network throughout the development. Maintenance of the park and private open space facilities is an obligation of the home owners association. This responsibility is addressed in the covenants proposed with the subdivision. Condition 16 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 5, 6, and 15 require 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 has proposed the use of drought tolerant grasses in common area. 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 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 175 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 21 of 27 water. Conditions 17 and 36 requires that necessary ownership and rights are transferred to the HOA for private improvements. 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. Condition 29 notifies 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 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. The subdivision includes stormwater controls to offset this concern. 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 intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to 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 December 28, 2016. With the pre-application plan review application, waivers were requested from the materials 176 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 22 of 27 required in Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements.” The waiver requests for items 5-8, 16, and 18 of the supplement checklist were granted. Staff offers 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 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 Conditions 30 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 Soils are adequate to carry the burden of infrastructure and residences. 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. 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. 177 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 23 of 27 38.41.060.A.8 Agriculture Material waived. 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 5 & 6. 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 appears to comply 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 Division 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 A letter from the district was included in the submittal materials. Facilities are adequate. No comments were received from the school district. 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 for all phases to date. 38.41.060.A.17 Neighborhood Center Plan Material waived. 178 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 24 of 27 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 has been proposed. 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 Affordable housing is proposed with this development. The applicant is proposing to construct eight homes within the entire Lakes at Valley West development to be built and marketed to households with incomes at or below 80% AMI. The application was reviewed by the Affordable Housing Manager and the requirements were met per the amended PUD of Phase 3 of Lakes at Valley West. City Commission approved the amended PUD of Phase 3 on Monday, April 9, 2018 to allow an alternative pricing structure and allow the eight units from Phase 3 to count towards the requirements for Phases 5 & 6. As of Friday, April 27, 2018, three of the eight houses have closed with buyers within the 60-80% AMI price range. s 179 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 25 of 27 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 5 & 6 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 180 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 26 of 27 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. This 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. Phases 1-4 of the PUD have been approved and Phase 5 & 6 is recommended for approval to further enhance the design and finalize the development. The subdivision of the property is proposed with 79 dwellings with 20 ADUS, nine open space lots, and one park lot. 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 have been received as of the writing of this report. APPENDIX D - OWNER INFORMATION 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. PO box 1113, Bozeman, MT 59771 Report By: Sarah Rosenberg, Community Development, Associate Planner 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. 181 18022, City Commission Staff Report - Lakes at Valley West Ph. 5 & 6 Subdivision Page 27 of 27 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials: • Form A1 • Narrative & Response • Adjacent Property Owners • Preliminary Plat • Trail Park Plan • Affordable Housing Plan 182 A1 Development Review Application A1 Page 1 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: Description: 2. PROPERTY OWNER Name: Full Address: Phone: Email: 3. APPLICANT Name: Full Address: Phone: Email: 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5. PROPERTY Full Street Address: Full Legal Description: Current Zoning: Current Use: Community Plan Designation: 183 Development Review Application A1 Page 2 of 3 Revision Date 01-04-16 Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications Overlay District: Neighborhood Conservation Entryway Corridor None Urban Renewal District: Downtown North 7th Avenue Northeast None 6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26) Gross Area: Acres: Square Feet: Net Area: Acres: Square Feet: Dwelling Units: Nonresidential Gross Building Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. Form Form 1. Pre-application Consultation None 17. Informal Review INF 2. Master Site Plan MSP 18. Zoning Deviation None 3. Site Plan SP 19. Zoning or Subdivision Variance Z/SVAR 4. Subdivision pre-application PA 20. Conditional Use Permit CUP 5. Subdivision preliminary plat PP 21. Special Temporary Use Permit STUP 6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP 7. Subdivision exemption SE 23. Regulated Activities in Wetlands RW 8. Condominium Review CR 24. Zone Map Amendment (non Annexation) ZMA 9. PUD concept plan PUDC 25. UDC Text Amendment ZTA 10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA 11. PUD final plan PUDFP 27. Modification/Plan Amendment MOD 12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT 13. Administrative Interpretation Appeal AIA 29. Reasonable Accommodation RA 14. Administrative Project Decision Appeal APA 30. Other: 15. Commercial Nonresidential COA CCOA 1 6. Historic Neighborhood Conservation Overlay COA NCOA 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an estimate. 184 185 The Lakes at Valley West Subdivision – Phase 5 and 6 Preliminary Plat Application Response to Pre-application and Concept Plan Review Comments The responses to the City Staff review comments from the Pre-Application and the Concept Plan are included in this section. The Staff comments are provided in standard font, responses to their comments are indented and in italic font: Planning Comments Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the development. 1. 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 (BMC) or state law. The owner is aware of this and accepts this condition Waivers 1. A waiver to the supplemental information under 38.41.060, BMC is granted with this pre-application plan review application for: 1) Surface water 2) Floodplains 4) Geology-soils-slopes, 5) Vegetation, 6) Wildlife, 7) Historical Features, 8) Agriculture, 9) Agricultural Water User Facilities, 10) Land use 13) Neighborhood center plan, 14) Educational Facilities 18) Lighting plan. 19) Miscellaneous, A waiver to the supplemental information for the following are not granted: 10) Water and Sewer 186 The Lakes at Valley West Subdivision – Phase 5 and 6 Preliminary Plat Application 11) Stormwater Management 12) Streets, roads and alleys, 13) Utilities 16) Parks and recreational facilities 20) Affordable Housing, Updated information may only require a brief one-paragraph summary review of each of the items listed in Section 38.41.060, BMC, regardless of whether or not the information has been waived. This will assist the City Commission in their review of the application Please make sure to address all other applicable supplemental information as set forth in Section 38.41.060, BMC, which has not been waived. The application materials include a brief summary for those items that were waived as well as detailed information on those elements that were not waived. Comments 1. The preliminary plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM). The applicant is aware of this requirement. 2. Connections from the trail looping the west lake to the open spaces/block length separation must be provided. These trails are being provided and are shown on the preliminary plat and the open space landscaping plan. 3. Trail totems at the intersections of the pedestrian connections along Vaughn Drive are required. Trail totems are shown on the open space landscaping plan. 4. The fencing provisions from Phase 2 shall be continued to demarcate the private and public spaces and coordinate placement and style of fencing along open spaces. These provisions of the design guidelines will apply to Phase 5 and 6 of the project. 5. Please provide a single sheet exhibit showing those lots designated with ADUs. A single sheet exhibit is included in the PUD application in the plan section. 6. The parking lot by the east lake requires an accessible parking space with associated signage and ramp access to the trail. Due to the reconfiguration of the layout of the project the parking lot has been removed. Parking is provided along the open space frontage and park frontage 187 The Lakes at Valley West Subdivision – Phase 5 and 6 Preliminary Plat Application of Vaughn Drive in lieu of the proposed parking lot shown in the pre-application plan. 7. The dead end woonerfs are not acceptable and do not meet the required standards for PUD to create a character superior to the standards required by Chapter 38, BMC. Consider looping them as located or relocating Vaughn Drive to the southern side of the phase as shown in the earlier green plan and placing the woonerf to the north and looping. The pre-application plan layout has been revised to address this concern. All woonerfs are now looped. Engineering Comments (Shawn Kohtz, PE, 582-2280, skohtz@bozeman.net) Comments 1. The proposed dead-end, woonerf streets are not acceptable as they do not accommodate garbage truck access and do not provide for sufficient snow storage and removal. The pre-application plan layout has been revised to address this concern. All woonerfs are now looped. An exhibit is provided in the application to address snow storage concerns. 2. The applicant must obtain an easement for the proposed temporary, off-site cul-de-sac located at the end of Vaughn Drive prior to preliminary plat approval. The layout has been revised and now includes a looped connection at this location. Standard dead-end barricade signs will be installed at the end of Vaughn Drive. 3. A sanitary sewer manhole must be placed at the end of the sewer main proposed on Vaughn Drive with a stub placed to the southeast for future extension. The layout of the project has been revised in this portion of the project. Due to the limited capacity of the sewer lines and lift station serving this property we do not believe it is appropriate to extend sewer lines for service to the southeast. The property to the southeast is part of the Norton Annexation and is planned to be served by the Norton Lift Station which is documented in the design report for the Norton project as well as the City’s Wastewater Facility Plan. 4. Vaughn Drive and the water main in Vaughn Drive must be extended to the far west property boundary to allow future extension unless the termination would be located in Aajker Creek. It appears Vaughn Drive is proposed to terminate 35-feet short of the property boundary. 188 The Lakes at Valley West Subdivision – Phase 5 and 6 Preliminary Plat Application Vaughn Drive is now shown extending to the property boundary. The applicant requests that the water main be installed to within 5 feet of the property boundary to allow for installation without disturbing the neighboring property. The applicant also requests that the street be installed to within 10 feet of the property boundary so that the water main can be extended in the future without digging up the newly constructed street. 5. 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. The applicant is aware of this concern and proposes that this condition be handled as it has been on previous phases. 6. The transfer of water rights or the payment of cash-in-lieu of water rights shall be provided by the applicant in accordance to BMC section 38.23.180. The applicant understands the need to pay cash-in-lieu of water rights at the time of final plat. 7. Adequate snow storage areas must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). Snow storage is particularly challenging on Woonerf streets. Upon submittal of the preliminary plat application, the applicant must describe snow storage for the Woonerf streets in Phase 5 per Bozeman Municipal Code (BMC) 38.25.020.M. An exhibit and narrative is provided in the application to address snow storage. Section 3 - OTHER AGENCY COMMENTS, IF PROVIDED 1. Building Division; Bob Risk brisk@bozeman.net 406-582-2377 2. Parks and Recreation; Carolyn Poissant; cpoissant@bozeman.net 406-582- 2908 Please include a table on the actual Site Plan that delineates the code-required, unit-based calculations for parkland, as below: 189 The Lakes at Valley West Subdivision – Phase 5 and 6 Preliminary Plat Application The table is included in the parks and recreation facility portion of the application. Since a site development site plan is not part of the application, the applicant suggests that a parkland table be included on the conditions of approval page of the final plat in the same format as was done for previous phases of the project. 190 191 192 193 194 195 196 The Lakes at Valley West Subdivision – Phase 5 and 6 Preliminary Plat Application Phasing Plan Narrative This application requests preliminary plat approval of The Lakes at Valley West – Phases 5 & 6. To provide flexibility to adjust to market conditions and demand the applicant is requesting the ability to construct and final plat the project in 4 sub-phases as shown on the Phasing Exhibit included with this section. These sub-phases are intended to provide a stand-alone phasing plan for construction and platting of the subdivision. The order of construction and current anticipated schedule is: Phase 6 Summer/Fall 2018 Phase 5A Summer/Fall 2018 Phase 5B Fall 2018/Spring 2019 Phase 5C Fall 2018/Spring 2019 The applicant requests the flexibility to accelerate or extend this schedule to meet market demand. The enclosed Phasing Exhibit shows proposed phasing. In general, each phase will provide the appropriate amounts of open space, rights-of-way, pedestrian circulation solutions and lot areas. Each of these will connect as is appropriate with existing and future phases. No conflicts are anticipated between phase boundaries and/or site safety and function. If phasing is utilized the appropriate infrastructure to serve each phase will be constructed as outlined below. Phase 5A Water and sewer will be extended from the intersection of Westgate Avenue and Herstal Way to serve Phase 5A. Depending on the anticipated timing of Phases 5B and 5C, either the complete underground storm water facility and associated necessary piping will be installed or a temporary storm water pond will be installed to accommodate this phase. Laurel Parkway will be extended to the plat boundary and Vaughn Drive will be extended to the plat boundary. 197 The Lakes at Valley West Subdivision – Phase 5 and 6 Preliminary Plat Application Phase 5B Water and sewer will be extended from the intersection of Westgate Avenue and Herstal Way to serve Phase 5B. Depending on the anticipated timing of Phases 5A and 5C, either the complete underground storm water facility and associated necessary piping will be installed or a temporary storm water pond will be installed to accommodate this phase. Westgate Avenue will be extended to the plat boundary and Vaughn Drive will be extended to the plat boundary. Phase 5C Phase 5C will be completed either in conjunction or after Phase 5B, thus all infrastructure needed for this phase is either within the phase or will be installed prior to this phase. Phase 6 Sewer will be extended from the intersection of Westgate Avenue and Herstal Way to serve Phase 6. Water will be extended in Laurel Parkway to serve the phase. The storm water infrastructure within Phase 6 is contained within the boundaries of the phase and as such will not requiring phasing. Laurel Parkway will be extended to the plat boundary to provide access. 198 FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE, INC.,2018 N:\5352\009\ACAD\Exhibits\Phase Exhibit-Detailed.dwg Plotted by cooper krause on Jan/12/2018 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net 5352.009 FIG. 1 THE LAKES AT VALLEY WEST: PHASE 5 AND 6 BOZEMAN MONTANA DETAILED PHASE EXHIBIT CPK CPK JRN 01/2018 0 SCALE IN: 120 60 120 FEET VAUGHN DRIVE VAHL WAY DEBOUR LANE HERSTAL WAYWESTGATE AVELAUREL PARKWAYLEIDEN LANE EXISTING P H A S E 4 PHAS E 5 B PHAS E 6 EXISTING P H A S E 3 EXISTING P H A S E 2 EXISTING P H A S E 1 PHAS E 5 C PHAS E 5 A 199 THE LAKES AT VALLEY WEST SUBDIVISION- PHASES 5 & 6 PROPERTY OWNERS- CONTIGUOUS TO PROJECT SITE LEGAL DESCRIPTION OF PROPERTY PROPERTY OWNER’S NAME MAILING ADDRESS OF PROPERTY OWNER FROM COUNTY TAX RECORDS 1 S09, T02 S, R05 E, C.O.S. 1581, PARCEL 1, ACRES 20.519 S09, T02 S, R05 E, C.O.S. 1581, PARCEL 2, ACRES 20.526 ALAN D. FULTON 958 RIALTO WAY BUTTE, MT 59701-7113 2 S09, T02 S, R05 E, ACRES 0.77, A 25’ STRIP OFF NORTH END OF SW4NW4 NORTON EAST RANCH SUB PH 3A, S09, T02 S, R05 E, LOT R1, ACRES 79.3085, PLAT J-564 NORTON PROPERTIES, LLC 63026 LOWER MEADOW DR., SUITE 200 BEND, OR 97701-6984 3 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, OPEN SPACE F, PLAT J-572 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E, OPEN SPACES C AND F VALLEY WEST HOMEOWNERS ASSOCIATION. PEAK PROPERTY MANAGEMENT 716 S 20TH BOZEMAN, MT 59718 4 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E, LOT 48 LAKES AT VALLEY WEST BOZEMAN TWO LLC 2880 TECHNOLOGY BLVD W BOZEMAN, MT 59718 5 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E, LOT 47 GERALD TYLER BARNWELL 5756 WESTMORLAND DR. BOZEMAN, MT 59718 6 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E, LOT 49 KING CONSTRUCTION & DEVELOPMENT, INC. 8260 HUFFINE LANE BOZEMAN, MT 59718 7 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E, LOT 50 MC HOMEBUILDERS, INC 4516 BEMBRICK STREET BOZEMAN, MT 59718 8 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E, LOT 31 TOSHIKO, INC. 1174 STONERIDGE DRIVE BOZEMAN, MT 59718 9 LAKES AT VALLEY WEST PH 3 S09, T02 S, R05 E, LOT 30 FIRST TIME HOMEBUYERS, LLC 5205 ECLIPES DRIVE BOZEMAN, MT 59718 10 VALLEY WEST SUB, S09, T02 S, R05 E, LOT PARK ACRES 39.06, PLAT J-320 VALLEY WEST SUBDIVISION GENERAL DELIVERY BOZEMAN, MT 59718-9999 11 LAKES AT VALLEY WEST PH 1, S09, TO2 S, RO5 E, ACRES 4.92, CITY PARK PLAT J-572 CITY OF BOZEMAN PO BOX 1130 BOZEMAN, MT 59771-1130 200 THE LAKES AT VALLEY WEST SUBDIVISION- PHASES 5 & 6 PROPERTY OWNERS- ADJOINER NOT CONTIGUOUS (BUT WITHIN 200 FEET OF PROJECT SITE) LEGAL DESCRIPTION OF PROPERTY PROPERTY OWNER’S NAME MAILING ADDRESS OF PROPERTY OWNER FROM COUNTY TAX RECORDS 1 S09, T02 S, R05 E, ACRES 39.25, SW4NW4 LESS 25’ RD ON NS AAJKER CREEK PROPERTIES, LLC 4700 GOOCH HILL RD BOZEMAN, MT 59718-9027 2 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E, OPEN SPACES B AND D PLAT J-572 VALLEY WEST HOMEOWNERS ASSOCIATION. PEAK PROPERTY MANAGEMENT 716 S 20TH BOZEMAN, MT 59718 3 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E LOT 15 WESLEY & CHELSEA STEWART 28 PIPKIN WAY BELGRADE, MT 59714 4 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E LOT 25 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 30 PLAT J-572 SHANE COLLINS CONSTRUCTION PO Box 110909 BOZEMAN,MT 59771 5 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E LOT 32 PEERLESS HOMES, LLC 4516 BEMBRICK STREET BOZEMAN, MT 59718 6 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E LOT 44 TOSHIKO INC 1174 STONERIDGE DRIVE BOZEMAN, MT 59718 7 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E LOT 45 ROI LLC 6101 BLACKWOOD ROAD BOZEMAN, MT 59718 8 LAKES AT VALLEY WEST PH 3, S09, T02 S, R05 E, LOTS 26, 27, 28, 29, AND 46 LAKES AT VALLEY WEST BOZEMAN TWO LLC 2880 TECHNOLOGY BLVD W BOZEMAN, MT 59718 201 THE LAKES AT VALLEY WEST SUBDIVISION- PHASES 5 & 6 PROPERTY OWNERS- ADJOINER NOT CONTIGUOUS (BUT WITHIN 200 FEET OF PROJECT SITE) LEGAL DESCRIPTION OF PROPERTY PROPERTY OWNER’S NAME MAILING ADDRESS OF PROPOWNER FROM COUNTY T RECORDS 9 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 27 LEWIS & MAUREEN RICHARDSON 16269 WEST EARLL DR GOODYEAR, AZ 85395 10 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 28L DARREL A. DELEON 5488 WESTMORLAND DR BOZEMAN, MT 59718 11 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 29 ALI & CLIFTON STUMP 5476 WESTMORLAND DRIVE BOZEMAN, MT 59718 12 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 31 MICHAEL F. YOUNGBERG & BRENDA S. WIPPLE 5454 WESTMORLAND DRIVE BOZEMAN, MT 59718 13 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 32 LAUREN M. CROMER 5448 WESTMORLAND DRIVE BOZEMAN, MT 59718 14 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 33 RYAN ROLLER 5436 WESTMORLAND DRIVE BOZEMAN, MT 59718 15 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 34 ANDREW M. WILKIS & JOY HO 5424 WESTMORLAND DRIVE BOZEMAN, MT 59718 16 LAKES AT VALLEY WEST PH 2, S09, T02 S, R05 E, LOT 35 AND 36, PLAT J-572 ZACH WERMERS CONSTRUCTION INC 598 CLIFDEN DR BOZEMAN, MT 59718-6749 202 EWNG NG NGNGNG NG NG NG ©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Jan/15/2018 PLOTTED BY: cole norsworthy DRAWING NAME: N:\5352\009\ACAD\Survey\PPLAT\5352009--PHASE5-PREPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 51THE LAKES GALLATIN 5352.009 1"= 500' 1/2018 JCW CHN MMI 5E 2S 9NW SITUATED IN THE NE1/4NW1/4 AND IN THE NW1/4NE1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OWNER KS DevCor, INC. 2880 Technology Blvd. West Bozeman, MT 59718 Bozeman Investment Holdings, LLC. 2880 Technology Blvd. West Bozeman, MT 59718 ZONING CITY OF BOZEMAN R-1 THE LAKES AT VALLEY WEST - PHASE 5 & PHASE 6 I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that the Final Plat of The Lakes at Valley West Phase 5 and Phase 6 was surveyed under my supervision between January 2018 and July 2018, and platted the same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101 through §76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. I further certify that monuments which have not been set by the filing date of this instrument will be set by July 2018, due to public improvements construction pursuant to 24.183.1101(1)(d) A.R.M. Dated this___________day of_________________, 2018. ________________________________________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. #16411LS Morrison-Maierle, Inc. KS DEVCOR, INC. By: ________________________________________________________________________________ ___________________________, President Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2018, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the President of KS DevCor, Inc. and acknowledged to me that said Inc. executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CERTIFICATE OF COMPLETION OF IMPROVEMENTS I, _______________________ I, ______________________ and I, James R. Nickelson, a Registered Professional Engineer licensed to practice in the State of Montana, hereby certify that the following improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval of the Final Plat of The Lakes at Valley West Phase 5 and Phase 6, have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: None Financially Guaranteed Improvements: 1.Street Improvements 2.Sewer & Water Improvements 3.Storm Water Improvements 4.Sidewalk Improvements 5.Open Space Improvements 6.Park Improvements The subdivider hereby warrants against defects in these improvements for a period of two years from the date of acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. ________________________________________ _________________________ ____________________, President Dated KS DevCor, Inc. _________________________________________ _________________________ ___________________, Authorized Representative Dated Bozeman Investment Holdings, LLC __________________________________________________________________ James R. Nickelson, No. 9063PE Dated Morrison Maierle, Inc. __________________________________________________________________ Craig Woolard, Director of Public Works Dated City of Bozeman, Montana I, Craig Woolard, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 2018. ________________________________________ Craig Woolard Director of Public Works City of Bozeman, Montana I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. Dated this __________ day of ____________________, 2018. ________________________________________ Kimberly Buchanan Treasurer Gallatin County, Montana _________________________________________ Tax ID No. _________________________________________ Tax ID No. CERTIFICATE OF COUNTY TREASURER I, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________, 2016, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 2018. ________________________________________ Charlotte Mills Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER The Lakes at Valley West-Phase 5 & Phase 6, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(2)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2018. ________________________________ Craig Woolard Director of Public Works City of Bozeman, Montana CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF DIRECTOR OF PUBLIC WORKS CERTIFICATE OF SURVEYOR We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: The Lakes at Valley West - Phase 5, being Lot R2B of The Lakes at Valley West - Phase 4; situated in the NE¼NW¼ of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: Commencing at the Quarter Corner to Sections 4 and 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, as described on Certified Corner Recordation, Book 4, Page 930, Document No. 2566975, filed at the Gallatin County Clerk and Recorder's Office; thence S.0°58'16"W. for 1351.17 feet to the CN 1/16 Corner of said Section 9; thence S.88°28'17”W. for 45.04 feet to the Point of Beginning Phase 5; thence S.88°28'17”W. for 1292.11 feet to the NW 1/16 Corner of said Section 9, also being the Southwest Corner of The Lakes at Valley West Subdivision; thence N.00°59'02”E. for 350.37 feet to the Southwest Corner of Phase 4 of The Lakes at Valley West Subdivision; thence continuing along the south boundary of Phase 4 of said subdivision for the next eight courses; S.89°00'58”E. for 364.84 feet; thence S.0°59'02”W. for 24.00 feet; thence S.89°00'58”E. for 60.00 feet; thence N.0°59'02”E. for 31.41 feet; thence S.89°00'58"E. for 120.00 feet; thence N.0°59'02”E. for 12.34 feet; thence along a curve to the right having a radius of 20 feet and a central angel of 87°29'15" along said curve for an arc length of 30.54 feet; thence N.88°28'17”E. for 727.53 feet to the west right-of-way line of Laurel Parkway; thence along said right-of-way line S.0°58'16”W. for 365.35 feet to the Point of Beginning Phase 5. The Area of the above described tracts of land is 456,302 Square Feet, or 10.475 Acres, more or less. The Lakes at Valley West - Phase 6, being Lot R1 of The Lakes at Valley West - Phase 1 & Phase 2; situated in the NW¼NE¼ of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: Commencing at the Quarter Corner to Sections 4 and 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, as described on Certified Corner Recordation, Book 4, Page 930, Document No. 2566975, filed at the Gallatin County Clerk and Recorder's Office; thence S.0°58'16"W. for 1351.17 feet, to the CN 1/16 Corner of said Section 9, thence N.89°19'38"E. for 45.02 feet to the Point of Beginning Phase 6; thence N.0°58'16"E. for 691.60 feet to the Southwest Corner of Phase 1 of The Lakes at Valley West, thence N.89°46'55"E. for 781.15 feet to the Southeast Corner of Phase 1 of The Lakes at Valley West, thence S.24°35'54"W. for 437.25 feet, thence S.1°02'06"W. for 289.84 feet to the north boundary of Lot R1 of Norton East Ranch Subdivision Phase 3A, thence S.89° 19' 38"W. for 605.66 feet to the Point of Beginning Phase 6. The Area of the above described tracts of land is 452,218 square feet, or 10.381 acres, more or less. The above-described tracts of land is to be known and designated as “THE LAKES AT VALLEY WEST - PHASE 5 &3+$6(´, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public for which the City of Bozeman accepts responsibility for maintenance of Westgate Avenue, Vaughn Drive & Laurel Parkway. The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, Internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. CERTIFICATE OF DEDICATION VICINITY MAP DURSTON RD. VICINITY MAP All streets, alleys, and rights-of-way, shown hereon as "DEDICATED", are not easements. The intent of the dedication is to convey all the streets, alleys, and rights-of-way to the public, upon acceptance by the governing authority. DEDICATION AND EASEMENT NOTELAUREL PARKWAYWEST BR O O KE SUBDI VISI O N PHASE 1VALLEY WESTSUBDI VISI O N NOR T O N E AST R A N C H SUBDI VISI O N BRO N KE N PARKC.O.S.1851C.O.S.1851LAUR EL GLE N SUBDIVISIONBABCOCK ST.COTTONWOOD ROADPROJECT AREA PHASE 3 PHAS E 2 PHASE 1 BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING PER C.O.S. 1005B, N.88°04'24”E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE FOUND CORNERS BETWEEN THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND SECTION 4, AND THE CORNER TO SECTIONS 5, 4, 8, AND 9. THE RESULTING BEARING IS N.88°04'19”E. PHASE 4 PHASE 5 PHASE 6 PURPOSE TO CREATE 79 RESIDENTIAL LOTS, 1 PARK AND 9 OPEN SPACE LOTS BOZEMAN INVESTMENT HOLDINGS, LLC By: ________________________________________________________________________________ ___________________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2018, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Authorized Representative of Bozeman Investment Holdings, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ 203 CN 1/16 W 1/16 LAUR E L G L E N SUBD I V I S I O N P H A S E 1 BRON K E N P A R K , V A L L E Y WEST S U B D I V I S I O N , PLAT J - 3 2 0 V A L L E Y W E S T S U B . PARC E L 2 C.O.S . 1 5 8 1 LOT R 1 NORT O N E A S T R A N C H S U B D I V I S I O N PHAS E 3 A LOT R 1 NORT O N E A S T R A N C H S U B D I V I S I O N PHAS E 3 A PHAS E 1 O F T H E L A K E S A T VALL E Y W E S T S U B . P L A T J - 5 7 2 PHAS E 4 O F T H E L A K E S A T VALLE Y W E S T S U B .EWEWEWEWEWEWEWEW1292.11' S88°28'17"W 1337.16' 45.04' N88°04'19"E 1337.30' 45.02'S1°02'06"W 289.84'S24°35'54"W 437.25'S0°58'16"W 1351.17'605.66'N0°58'16"E 691.60'N89°46'55"E 781.15' S89°19'38"W 650.68'N0°59'02"E 350.37'S89°00'58"E 364.84' S0°59'02"W 24.00' S89°00'58"E 60.00' N0°59'02"E 31.41' S89°00'58"E 120.00' N0°59'02"E 12.34' R=20.00' L=30.54' Δ=87°29'15"N88°28'17"E 727.53'S0°58'16"W 365.35'N0°59'02"E 991.48'FOUND 5/8" REBAR WITH A YELLOW PLASTIC CAP MARKED "MORRISON-MAIERLE, INC." AT A POINT S. 66°18'19" E., 0.27 FEET FROM THE POINT SHOWN ON C.O.S. 1005B, & N. 15°22'16" E., 0.85 FEET FROM THE POINT FOR THE SOUTHEAST CORNER OF TRACT 2 OF C.O.S. 1581 NW 1/16 PARC E L 1 C.O.S . 1 5 8 1 SW4N W 4 L E S S 2 5' R D O N N S O F S09,T 0 2 S , R 0 5 E A 25' STRIP OFF NORTH END OF SW4NW4 OF S09,T02S, R05E ©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Jan/15/2018 PLOTTED BY: cole norsworthy DRAWING NAME: N:\5352\009\ACAD\Survey\PPLAT\5352009--PHASE5-PREPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 52THE LAKES GALLATIN 5352.008 1"= 100' 1/2018 JCW CHN MMI 5E 2S 9NW BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING PER C.O.S. 1005B, N.88°04'24”E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE FOUND CORNERS BETWEEN THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND SECTION 4, AND THE CORNER TO SECTIONS 5, 4, 8, AND 9. THE RESULTING BEARING IS N.88°04'19”E. LOT 6LOT 7LOT 8LOT 9LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16LOT 17LOT 18LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 LOT 17LOT 18LOT 19LOT 20LOT 12 LOT 11LOT 10LOT 9 LOT 36LOT 35LOT 34LOT 33LOT 32LOT 31LOT 30LOT 29LOT 28LOT 16LOT 15LOT 14LOT 13 LOT 22 LOT 23 LOT 2 4 LOT 2 5 LOT 26LOT 27LOT 2 8 LO T 2 9LOT 3 0LOT 3 1 LOT 5 0LOT 4 9LOT 48LOT 47LOT 46LOT 45LOT 4 4 LOT 43 LOT 42 LOT 41 LOT 40 LOT 39 LOT 38 LOT 37 LOT 36 LOT 35 LOT 34 LOT 33 LOT 3 2 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 1 2 LOT 11 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6LOT 5 LOT 1 LOT 2 LOT 3 LOT 4 WESTGATE AVENUEWES T M O R L A N D D RI V E DURSTON ROADWESTGATEAVENUE LAUREL PARKWAYPHASE 5 456,302 SQUARE FEET 10.475 ACRES LEGEND SET REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP MARKED "MORRISON-MAIERLE INC. 16411LS" FOUND REBAR, 5/8 IN. DIAM. WITH ORANGE PLASTIC CAP MARKED "MORRISON-MAIERLE INC. 16411LS" FOUND REBAR WITH PLASTIC CAP FOUND REBAR, 5/8 IN. DIAM. WITH AN ALUMINUM CAP, 2 IN. DIAM. MARKED "MORRISON-MAIERLE INC. 14732LS" FOUND SECTION CORNER AS NOTED FOUND ONE-QUARTER CORNER NOTHING FOUND OR SET UNZO N E D UNZ O N E D POINT OF BEGINNING PHASE 5 R-2 R-3 R-4OPEN SPACE BOPEN SPACE A OPENSPACE DOPENSPACE CLOT 1 LOT 2 LOT 3 LOT 4 LOT 5 AREA SUMMARY- PHASE 5 LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PHASE 5 TOTAL AREA: 5.915 acres (257,762) Sq. Ft. 3.317 acres (144,472) Sq. Ft. 1.243 acres (54,068) Sq. Ft. 10.475 acres (456,302) Sq. Ft.OPENSPACE ELOT 27*LOT 2 6 LOT 2 5 LOT 2 4 LOT 2 3 L O T 2 2 LOT 2 1 OPEN SPACE DOPEN SPACE F LAKE LAKE PHA S E 1 PHA S E 2 CITY P A R K 1 OPEN SPACE A AAJKER CREEKAAJKER CREEKBOUNDARYZONINGPHAS E 3 LOT 22LOT 23LOT 24LOT 25LOT 13 LOT 14 LOT 15 LOT 16LOT 17LOT 18LOT 19LOT 20LOT 21LOT 12LOT 11LOT 10LOT 9LOT 8LOT 7LOT 6LOT 5LOT 1 LOT 2 LOT 3 LOT 4 LOT R 1 NORT O N E A S T R A N C H S U B D I V I S I O N PHAS E 3 AHERSTAL WAY (32' R/W)THE 1/4 CORNER BETWEEN SECTIONS 4 AND 9 FOUND AT THE RECORD POSITION. SEE CCR BOOK 4, PAGE 930. DOC. NO. 2566975CORNER TO SECTIONS 4, 5, 8 AND 9 FOUND AT THE RECORD POSITION. SEE CCR BOOK 4, PAGE 931 DOC. NO. 2566976 POINT FOR W 1/16 CORNER FALLS IN DURSTON ROAD FROM WHICH A FOUND REBAR WITH A YELLOW PLASTIC CAP, 5606S, BEARS S 01°38'14" W., 32.38 FEET RECORD N88°04'24" E 1337.30' MEASURED N88°04'19" E 1337.30'WESTGATE AVENUE (60' R/W)HERSTAL WAY (32' R/W) LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 11 LOT 13 LOT 14 LOT 32LOT 33LOT 34LOT 38 LOT 37 LOT 41 LOT 42 LOT 43 LOT 46 LOT 47 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25LOT 26LOT 27LOT 28LOT 29LOT 30LOT 31LOT 59LOT 60LOT 61LOT 3LOT 5LOT 18LOT 1LOT 2LOT 8 LOT 9 LOT 10 LOT 15 LOT 12 LOT 36LOT 35LOT 39 LOT 40 LOT 44 LOT 45 LOT 48LOT 49LOT 50LOT 51LOT 52LOT 57LOT 58LOT 54LOT 53LOT 56LOT 55LOT 14LOT 13LOT 12LOT 9LOT 10LOT 11LOT 17LOT 15LOT 8 LOT 7LOT 6WESTGATE AVENUE (60' R/W)LAUREL PARKWAY (90')OPEN SPACE F OPEN SPACE F PHASE 6 452,218 SQUARE FEET 10.381 ACRES PARK 1 OPEN SPACE GOPENSPACE AOPENSPACE BOPEN SPACE C OPEN SPACE DOPEN SPACE E AREA SUMMARY- PHASE 6 CONTOUR INTERVAL IS 5' MAJOR AND 1' MINOR OPEN SPACE B POINT OF BEGINNING PHASE 6 LOT 4OPEN SPACE A HERSTAL WAY (32' R/W)LEIDEN LANE ( 32' R/W)LEIDEN LANE (32' R/W)LEIDEN LANE (32' R/W)VAHL WAY( 32' R/W)VAHL WAY (32' R/W) VAUGHN DRIVE (60' R/W) VAUGHN DRIVE (60' R/W) DEBOUR LANE (32' R/W) GRAND TOTAL AREA: 20.856 acres (908,520 Sq. Ft.) OPEN SPACE FOPEN SPACE AOPEN SPACE BOPE N S P A C E F SITUATED IN THE NE1/4NW1/4 AND IN THE NW1/4NE1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OWNER KS DevCor, INC. 2880 Technology Blvd. West Bozeman, MT 59718 Bozeman Investment Holdings, LLC. 2880 Technology Blvd. West Bozeman, MT 59718 ZONING CITY OF BOZEMAN R-1 THE LAKES AT VALLEY WEST - PHASE 5 & PHASE 6 PURPOSE TO CREATE 79 RESIDENTIAL LOTS, 1 PARK AND 9 OPEN SPACE LOTS LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PARK: PHASE 6 TOTAL AREA: 1.915 acres (83,412) Sq. Ft. 0.930 acres (40,494) Sq. Ft. 0.309 acres (13,477) Sq. Ft. 7.228 acres (314,835) Sq. Ft. 10.381 acres (452,218) Sq. Ft.LOT 16204 RESIDENTIAL LOTS PHASE BOUNDARY/ PROPERTY BOUNDARY LEGEND S PUBLIC OPEN SPACE PUBLIC RIGHT OF WAY WATER INFRASTRUCTURE SEWER INFRASTRUCTURE W ROADWAY INFRASTRUCTURE 10' UTILITY EASEMENT LINE WALKING TRAIL SIDE WALK STORM WATER INFRASTRUCTURE PUBLIC STORM WATER AND SNOW STORAGE AREA 10' SNOW STORAGE AREA GAS, ELECTRIC, COMMUNICATION INFRASTRUCTUREOPEN SPACE A0.24 acs.10575 sq.ft.OPEN SPACE B0.24 acs.10471 sq.ft.OPEN SPACE C 0.12 acs. 5102 sq.ft.OPEN SPACE D0.20 acs.8850 sq.ft.OPEN SPACE E 0.16 acs. 6835 sq.ft. LOT 55 4400 sq.ft. LOT 1 3825 sq.ft. LOT 2 3825 sq.ft. LOT 3 3825 sq.ft. LOT 4 3825 sq.ft. LOT 5 3825 sq.ft. LOT 6 4401 sq.ft. LOT 7 4951 sq.ft. LOT 11 3300 sq.ft. LOT 10 3300 sq.ft. LOT 9 3300 sq.ft. LOT 8 3300 sq.ft. LOT 16 3300 sq.ft. LOT 15 3300 sq.ft. LOT 14 3300 sq.ft. LOT 13 4810 sq.ft. LOT 18 5024 sq.ft. LOT 17 3300 sq.ft. LOT 21 3696 sq.ft. LOT 19 4588 sq.ft. LOT 20 3696 sq.ft. LOT 23 3696 sq.ft. LOT 22 3696 sq.ft. LOT 24 4136 sq.ft. LOT 29 4894 sq.ft.LOT 32 4216 sq.ft. LOT 31 3735 sq.ft. LOT 30 3735 sq.ft. LOT 33 4222 sq.ft. LOT 34 3562 sq.ft. LOT 35 3563 sq.ft. LOT 36 4125 sq.ft. LOT 26 3800 sq.ft. LOT 27 3800 sq.ft. LOT 28 4034 sq.ft.LOT 25 3847 sq.ft. LOT 39 4080 sq.ft. LOT 42 4080 sq.ft. LOT 41 4080 sq.ft. LOT 40 4080 sq.ft. LOT 37 4675 sq.ft. LOT 38 4080 sq.ft. LOT 45 5175 sq.ft. LOT 43 5175 sq.ft. LOT 44 5175 sq.ft. LOT 47 5850 sq.ft. LOT 46 5175 sq.ft. LOT 48 4200 sq.ft. LOT 49 3500 sq.ft. LOT 50 3500 sq.ft. LOT 51 3500 sq.ft. LOT 52 4293 sq.ft. LOT 59 5360 sq.ft. LOT 57 5194 sq.ft. LOT 56 4400 sq.ft. LOT 53 5796 sq.ft.LOT 54 4400 sq.ft. LOT 61 5994 sq.ft.LOT 60 5360 sq.ft.LOT 58 5674 sq.ft. LOT 12 4727 sq.ft. OPEN SPACE G 0.20 acs. 8669 sq.ft. OPEN SPACE F 0.08 acs. 3652 sq.ft. PUBLIC R-O-W 3.32 acs. 144472 sq.ft.N0°59'02"E 240.29'N0°59'02"E 237.66'N89°00'58"W 85.00' N89°00'58"W 85.00' N89°00'58"W 85.00' N89°00'58"W 85.00' N89°00'58"W 85.00' 85.08'37.88'53.64'45.00'45.00'45.00'45.00'45.00'45.00'45.00'45.00'45.00'45.00'49.91'85.00' 87.58'30.03'92.59'58.50'40.00'40.00'40.00'40.00'35.00'S0°59'02"W55.00'40.00'40.00'40.00'40.00'5.00'S0°59'02"W54.66'N0°59'02"E56.35'10.00'40.00'40.00'40.00'40.00'10.00'5.00'N0°59'02"E52.00'N89°00'58"W 82.50' N89°00'58"W 82.50' N89°00'58"W 82.50' 82.50'82.50' N89°00'58"W 82.50' N89°00'58"W 82.50' N89°00'58"W 82.50' 82.50' 37.84'52.00'30.00'92.50'52.29'40.00'40.00'40.00'40.00'28.00'S0°59'02"W24.00'S89°00'58"E 88.00' S89°00'58"E 88.00' S89°00'58"E 88.00' S89°00'58"E 88.00' S89°00'58"E 88.00' N88°28'17"E 88.08'54.07'42.00'42.00'42.00'42.00'15.59'47.00'42.00'42.00'42.00'42.00'50.21'32.00'88.00' 29.35'47.50'47.50'51.50' 31.11'47.50'47.50'31.50'R=20 .00'L=3 2 .2 9'Δ=92° 3 0'44"12.34'27.70'R=20.00 'L=30.5 4 'Δ=87°29 '1 6 " R =20.00'L =31.42'Δ =9 0°00'00"N1°31'43"W60.00'32.00'85.00'30.00'90.00'32.00'72.00'67.00'67.00'76.68'R=2 0 .0 0 'L=30 .5 4 'Δ=87°2 9 '16" R = 2 0. 0 0 ' L= 3 1. 4 2' Δ=90° 0 0 '00"30.77'45.00'45.00'40.00' 53.55'45.00'45.00'60.00' 54.65'47.50'47.50'55.00' 57.94'47.50'47.50'55.00'75.00'75.07'63.94'63.00'25.02'25.00'N1°31'43"W75.00'N1°31'43"W75.00'N1°31'43"W75.00'N1°31'43"W83.00'N1°31'43"W83.00'N1°31'43"W83.00'N1°31'43"W80.00'N1°31'43"W80.00'N1°31'43"W80.00'48.00'48.00'48.00'48.00'48.00'55.00'N88°28'17"E 85.00' N88°28'17"E 85.00' N88°28'17"E 85.00' N88°28'17"E 85.00' N88°28'17"E 85.00' 85.00'30.00'90.00' N88°28'17"E 90.00' N88°28'17"E 90.00' N88°28'17"E 90.00' N88°28'17"E 90.00'55.00'48.00'48.00'48.00'48.00'48.00'57.50'57.50'57.50'57.50'65.00'65.00'57.50'57.50'57.50'57.50'82.50' 52.00'67.00'67.00'73.18' 67.79'50.00'50.00'50.00'40.00' 60.00'50.00'50.00'50.00'63.95' 62.86'50.00'50.00'50.00'60.00' 60.00'50.00'50.00'50.00'59.80'R=20.0 0 'L=31.42 'Δ=90°00 '0 0 "R= 20.00' L =31.42'Δ= 9 0°00'00"N1°31'43"W70.00'N1°31'43"W70.00'N1°31'43"W70.00'N1°31'43"W70.00'N1°31'43"W88.00'N1°31'43"W88.00'N1°31'43"W88.00'N1°31'43"W88.00'N1°31'43"W60.00'N1°31'43"W80.00'N1°31'43"W80.00'N1°31'43"W80.00'70.07'25.02'88.08'32.03'80.08'60.06'10.01'280.30'60.06'10.01'S0°59'02"W 278.64'S0°59'02"W 274.91'N88°28'17"E 122.96'S0°59'02"W 160.00'N0°59'02"E 160.00'S89°00'58"E 364.84' N88°28'17"E 210.20'S0°59'02"W 253.50'S89°00'58"E 60.00' S89°00'58"E 120.00'N0°59'02"E31.41'N88°28'17"E 727.53'N0°59'02"E 40.04'N88°28'17"E 157.61' S88°28'17"W 160.77'N0°59'02"E 164.03'N1°31'43"W 163.00'N0°59'02"E 265.21'N88°28'17"E 203.55' N88°28'17"E 204.65' N88°28'17"E 207.94'N1°31'43"W 295.00'N88°28'17"E 205.00'N1°31'43"W 295.00'N1°31'43"W 295.00'N1°31'43"W 295.00'N88°28'17"E 365.19' N88°28'17"E 1292.12' N89°00'58"W 87.50'N89°00'58"W 92.50' N89°00'58"W 87.50'S89°00'58"E 92.50' N88°28'17"E 269.80' N88°28'17"E 272.86' N88°28'17"E 273.95' N88°28'17"E 257.79' N88°28'17"E 259.18'N1°31'43"W 163.00'163.00'163.00'163.00'S0°58'16"W 365.35'N0°59'02"E 350.36'138.97' 256.25' 134.13'269.00'304.23'229.22'231.22'229.00'65.32'96.00'96.00'229.00'294.49' N88°28'17"E 1291.61' R=20.00' L=31.42' Δ=90°00'00" 237.00' 284.49' 241.27' N88°28'17"E 866.86'40.04'N0°59'02"E 10.01'N0°59'02"E 10.01' 866.87' 365.19' 60.06'8S8S8S8S8S8SSSSSSSS8S8S8S8SSSSSSDSDSDSDWWWWWWWWWWWWW W W W W W W W PHAS E 4 O F T H E L A K E S A T VALL E Y W E S T S U B .12SD12SD12SD12SD12SD12SD12SD12SD12SD 12SD 12SD12SD12SD12SD12SD12SD 12SD 12SD 12SD 12SD 12SD 12SD12SD12SD12SD12SD 4750 4751 4752 4753 4772 4771 4770 4769 4760 4755 4 7 5 7 47564755 4757 47 5 6 475 5 4754 4 7 5 3 4767475847574755 4754 47574757475847 7 2 4760 4755 4750 47594760 4760 4756 476847554750 8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S 8S 8S 8S 8S 8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8SWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWEWEWEWEWEWEWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W WWWWWWWWWWNGNGNGNGNGNGNGNGNGNGNGNGNGNGBPBPBPBPBPBPBPBPBPBPBPBPBPBP©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Jan/15/2018 PLOTTED BY: cole norsworthy DRAWING NAME: N:\5352\009\ACAD\Survey\PPLAT\5352009--PHASE5-PREPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 53THE LAKES GALLATIN 5352.008 1"= 40' 1/2018 JCW CHN MMI 5E 2S 9NWAAJKER CREEKAAJKER CREEKBASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING PER C.O.S. 1005B, N.88°04'24”E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE FOUND CORNERS BETWEEN THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND SECTION 4, AND THE CORNER TO SECTIONS 5, 4, 8, AND 9. THE RESULTING BEARING IS N.88°04'19”E. R-1 THE L A K E S A T V A L L E Y W E S T P H A S E 4 POND WATER LINEOPEN SPACE D THE L A K E S A T V A L L E Y W E S T P H A S E 4 OPEN SPACE D THE L A K E S A T V A L L E Y W E S T P H A S E 4 LOT 5 LOT 6 LOT 17 LOT 18 OPEN SPACE C OPEN SPACE DOPENSPACE BWESTGATE AVENUEOSTEND LANE LOT R 1 NORTO N E A S T R A N C H S U B D I V S I O N PHASE 3 AUNZONEDVAUGHN DRIVEWESTGATE AVENUELAUREL PARKWAY (EXISTING 90' RIGHT-OF-WAY)AREA SUMMARY- PHASE 5 LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PHASE 5 TOTAL AREA: 5.915 acres (257,762) Sq. Ft. 3.317 acres (144,472) Sq. Ft. 1.243 acres (54,068) Sq. Ft. 10.475 acres (456,302) Sq. Ft.HERSTAL WAYLEIDEN LANELEIDEN LANE VAHL WAY LEIDEN LANEVAHL WAYLOT 19 LOT 20 HERSTAL WAYAAJKER CREEKAAJKER CREEK50' SETBACKSTORM WATER STORAGE SYSTEM AAJKER CREEK 50' SETBACK50' SETBACKSITUATED IN THE NE1/4NW1/4 AND IN THE NW1/4NE1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OWNER KS DevCor, INC. 2880 Technology Blvd. West Bozeman, MT 59718 Bozeman Investment Holdings, LLC. 2880 Technology Blvd. West Bozeman, MT 59718 ZONING CITY OF BOZEMAN R-1 THE LAKES AT VALLEY WEST - PHASE 5 & PHASE 6 PURPOSE TO CREATE 79 RESIDENTIAL LOTS, 1 PARK AND 9 OPEN SPACE LOTS 205 RESIDENTIAL LOTS PHASE BOUNDARY/ PROPERTY BOUNDARY LEGEND S PUBLIC OPEN SPACE PUBLIC RIGHT OF WAY WATER INFRASTRUCTURE SEWER INFRASTRUCTURE W ROADWAY INFRASTRUCTURE 10' UTILITY EASEMENT LINE WALKING TRAIL SIDE WALK STORM WATER INFRASTRUCTURE GAS, ELECTRIC, COMMUNICATION INFRASTRUCTURE CITY PARK PARK 7.23 acs. OPEN SPACE B 0.08 acs. 3693 sq.ft. OPEN SPACE A 0.22 acs. 9784 sq.ft. LOT 52 4293 sq.ft. LOT 53 5796 sq.ft. LOT 61 5994 sq.ft. LOT 1 4400 sq.ft. LOT 2 4400 sq.ft. LOT 5 4861 sq.ft. LOT 4 4848 sq.ft. LOT 3 4353 sq.ft. LOT 8 4946 sq.ft. LOT 7 4955 sq.ft. LOT 6 4833 sq.ft. LOT 14 5244 sq.ft. LOT 17 4799 sq.ft. LOT 18 4904 sq.ft.LOT 15 4929 sq.ft. LOT 16 4800 sq.ft. LOT 9 4900 sq.ft.LOT 12 4043 sq.ft. LOT 11 4080 sq.ft. LOT 10 4117 sq.ft.LOT 13 4005 sq.ft. PUBLIC R-O-W 0.93 acs. 40494 sq.ft. L =5 0.68' 76.68' 73.18' 67.79' 63.95' 62.86' 59.80'N1°31'43"W70.00'88.00'70.07'25.02'88.08'32.03'80.08'60.06'10.01'N88°28'17"E 318.07' N88°28'17"E 229.73'N37°17'34"E 60.98'N1°31'43"W79.74'N1°31'43"W80.48'N1°31'43"W81.23'N1°31'43"W81.98'N1°31'43"W82.72'N1°31'43"W40.62'53.62'50.00' 46.37' 50.00'50.00'50.00'64.45' 60.00'60.00'63.36'N1°31'43"W80.00'N1°31'43"W80.00'N1°31'43"W79.78'59.87'60.00'52.00'L=8.00' L=92.00' L = 8 8 . 8 4'25.02'78.80'80.08'67.90'50.01'50.01'50.01'50.01'60.01'L=43.63'33.49'55.00'55.00'26.98'L=22.44'L=49.58' L=49.67' L = 4 9 .4 9 'L=50.58'L=10.30'N88°28'17"E 171.87' N88°28'17"E 170.47' R=148.00'L= 23 2.48' Δ = 9 0 °00 ' 0 0" R=180.00'L = 2 8 2.7 4 'Δ = 9 0 ° 0 0'0 0 " R=20.00 'L=20.9 4' Δ =60°00' 0 0 " R =8 0.00' L=110 .83' Δ= 79°2 2'2 6 "32.03'60.02'10.00'374.45'62.05'169.17' N85°10'55"E 80.00' N69°04' 5 4 " E 80.00' N52° 5 7' 0 2" E 80.0 0'N37°17'34"E80.00'N21°23'35"E80.00'N5°36'51"E80.00'S1°31'43"E80.00'S1°31'43"E80.00'S1°31'43"E80.00'55.00'55.00'26.98'L=32.42' L=71.61' L=71.87' L = 7 1.3 5' L =73.21'L=73.06'N88°28'17"E 136.98' R=260.00' L= 3 93.5 1 'Δ =86 ° 4 3'0 3 "405.64'S89°46'55"W 781.17'N24°35'54"E 437.25'N1°02'06"E 289.84'171.17' N89°19'38"E 605.68'S0°58'16"W 365.35'S0°58'16"W 691.60'N89°19'38"E 327.93'N1°31'43"W41.24'N89°19'38"E 356.85' 10.75' L = 2 5 7.61 '70.86'345.24' L=68.4 7'12SD 12SD 12SD 12SD 12SD 12SD 12SD 12SD 12SD 12SD 12SD47584760 4750 4750 4755 477047654762 4760 476647614760 47 5 5 476047554750 47504755 47608S8S8S8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S8S8S8S8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S WWWWWWWWWWWWWWWWWWWWWWWWWWWWEWEWEWEWEWEWEWEWEWEWEWWWWWWWWWWWWWWWWWWWWWWWNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBP©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Jan/15/2018 PLOTTED BY: cole norsworthy DRAWING NAME: N:\5352\009\ACAD\Survey\PPLAT\5352009--PHASE5-PREPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 54THE LAKES GALLATIN 5352.008 1"= 40' 1/2018 JCW CHN MMI 5E 2S 9NW BASIS OF BEARING THE BEARINGS SHOWN HEREON ARE MODIFIED RECORD BEARINGS. THE RECORD BEARING PER C.O.S. 1005B, N.88°04'24”E., ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 9, WAS RECOMPUTED BASED ON THE FOUND CORNERS BETWEEN THE ONE-QUARTER CORNER BETWEEN SECTION 9 AND SECTION 4, AND THE CORNER TO SECTIONS 5, 4, 8, AND 9. THE RESULTING BEARING IS N.88°04'19”E. THE L A K E S A T VALLE Y W E S T PHAS E S 2 LOT R 1 NORTO N E A S T R A N C H SUBDI V S I O N PHASE 3 A CITY P A R K CITY P A R K THE L A K E S A T VALL E Y W E S T PHAS E 4 THE L A K E S A T VALL E Y W E S T PHAS E 1 (LAUREL PARKWAY EXISTING 90' RIGHT OF WAY)AREA SUMMARY- PHASE 6 THE L A K E S A T VALL E Y W E S T PHAS E 5 VAUGHN DRIVE DEBOUR LANE LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PARK: PHASE 6 TOTAL AREA: 1.915 acres (83,412) Sq. Ft. 0.930 acres (40,494) Sq. Ft. 0.309 acres (13,477) Sq. Ft. 7.228 acres (314,835) Sq. Ft. 10.381 acres (452,218) Sq. Ft. EDGE OF WATER MITIGATION WETLAND SITUATED IN THE NE1/4NW1/4 AND IN THE NW1/4NE1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OWNER KS DevCor, INC. 2880 Technology Blvd. West Bozeman, MT 59718 Bozeman Investment Holdings, LLC. 2880 Technology Blvd. West Bozeman, MT 59718 ZONING CITY OF BOZEMAN R-1 THE LAKES AT VALLEY WEST - PHASE 5 & PHASE 6 PURPOSE TO CREATE 79 RESIDENTIAL LOTS, 1 PARK AND 9 OPEN SPACE LOTS 206 NORT O N E A S T R A N C H S U B D I V I S I O N ©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Jan/15/2018 PLOTTED BY: cole norsworthy DRAWING NAME: N:\5352\009\ACAD\Survey\PPLAT\5352009--PHASE5-PREPLAT-PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 55THE LAKES GALLATIN 5352.009 SEE DETAIL 1/2018 JCW CHN MMI 5E 2S 9NW CONDITIONS OF APPROVAL PARK AREA TABLE: REQUIRED PARKLAND: 59 SINGLE FAMILY LOTS 20 LOTS APPROVED FOR ADU TOTAL: SURPLUS PARKLAND FROM PHASE 1 AND 2, PHASE 3 AND PHASE 4: PHASE 6 PARK: Total SURPLUS PARK LAND PHASES 1, 2, 3, 4, 5 & 6 0.03 acres/lot 1.77 acres 0.06 acres/lot 1.20 acres 2.97 acres 0.51 acres 7.23 acres 7.74 acres 4.77 acres Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval : 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 letter A, B, C, D, E, F & G Phase 5 and A & B Phase 6. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. KS DevCcor, INC. and Bozeman Investment Holdings, LLC 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: None Financially Guaranteed Improvements: Landscaping, Irrigation System, Sidewalks and Trails. The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by document number _____________________________________. We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and that the information shown is current as of the date of the certification, and that changes to any land use restrictions or encumbrances may be made by amendment to covenants, zoning regulations, easements, or other documents as allowed by law or local regulations. KS DEVCOR, INC. By: ________________________________________________________________________________ ___________________________, President Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2018, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the President of KS DevCor, Inc. and acknowledged to me that said Inc. executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ BOZEMAN INVESTMENT HOLDINGS, LLC By: ________________________________________________________________________________ ___________________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2018, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Authorized Representative of Bozeman Investment Holdings, LLC. and acknowledged to me that said LLC executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ SITUATED IN THE NE1/4NW1/4 AND IN THE NW1/4NE1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. THE LAKES AT VALLEY WEST - PHASE 5 & PHASE 6 207 SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SSSSSSSSSSSSSS SS SS SSWWWWW WWWWWW WWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W WWWWWWWWWWW W W W W W W W WWWWWWWSDSDSDSDSD SD SD SD SDSDSDSDSDSDSDSDSD0+07.050+14.930+22.820+41 .8 80+51.370+60.871+63.491+67.971+72.462+19.202+27.462+35.732+62.692+68.282+73.872+83.25SDSDSDSDSD SD SD SD SDSDSDSDSDSDSDSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SSSSSSWW WWWWWWWWWWWWWW W WWWWW W WWSDSD SDASTM ASTM 24'[7.30M] 28'-3"[8.61M] 24' [7.30M] 32'-3"[9.83M] 6'0+07.05 0+1 4 . 930+22 . 8 20+41 . 8 80+51 .3 70+60 .8 71+63.491+67.97 1+72 .462+19.2 02+27.462+35.73 2+62.692+68.282+73.872+83.25SDSD DESIGNED BYDRAWN BYCHECKED BYDATEPROJECT NO.FILE NO.SHEETPROJECT TITLESHEET TITLE (C) 2017 PEAKS TO PLAINS DESIGN, P.C. LANDSCAPE ARCHITECTURE/PLANNING/CIVIL ENGINEERING 404 NORTH 31ST STREET, SUITE 405 BILLINGS, MONTANA 59101 (406) 294-9499 - (406) 294-9670 FAX WWW.PEAKSTOPLAINS.COM PEAKS TO PLAINS DESIGNPC 14041_LS PARK_P6.DWGT21404101/16/18JJRGNLGNLBOZEMAN, MONTANA THE LAKES AT VALLEY WEST PHASE 6 PARK AREA MASTER PLAN PHASES 5 & 6 PHASES 5 & 6 MASTER PLAN1SCALE: 1" = 80'LAUREL PARKWAY WESTGATE AVE WATER LINE, TYP.EXISTING WETLAND MITIGATIONBOUNDARY, TYP.EXISTING WETLAND VEGETATION, TYP.EXISTINGWETLANDVEGETATION,TYP.EXISTING FISHINGACCESS, TYP.WATER LINE, TYP.EXISTING WETLANDMITIGATION BOUNDARY, TYP.EXISTINGCLASS II TRAILEXISTING CLASS IITRAILEXISTING FISHING ACCESS, TYP.PHASE 6PHASE 1PHASE 4PHASE 2PHASE 4PHASE 3PHASE 5PHASE 4PHASE 5PHASE 4PHASE 4PHASE 4PHASE 3PHASE 3AAJKER CREEK PROPOSED CLASS IIOFF-SITE IMPROVEMENTEXISTING FISHINGACCESS, TYP.VAUGHN DRIVEPARK2NOT TO SCALEOPEN SPACEPARK SPACEEXISTING CLASS IASPHALT TRAILPROPOSED CLASS IASPHALT TRAILPARKOPEN SPACE VAUGHN DRIVEPHASE 6 PHASE 5 DECIDUOUSBOULEVARDTREEDECIDUOUSSHADE TREEDECIDUOUSSHADE TREEDECIDUOUSORNAMENTALTREEDECIDUOUSWETLANDTREECONIFEROUSTREECONIFEROUSTREESMALLCONIFEROUSTREE (MEDIAN)SHRUBS TYPICALLEGENDDECIDUOUSSHADE TREEDECIDUOUSSHADE TREEDECIDUOUSSHADE TREEDECIDUOUSORNAMENTALTREEDECIDUOUSWETLAND TREEWETLAND SHRUBSTYPICALOPEN SPACE AND PARK AREA DIAGRAM(ALL PHASES)PROPOSED CLASS IASPHALT TRAILHERSTAL WAY LEIDEN LN LEIDEN LN VAHL WAY LEIDEN LNVAHL WAYDEBOUR LANE208 Lakes at Valley West Subdivision – Phases 5 & 6 Preliminary Plat Application Affordable Housing The intent of this section is to address the affordable housing needs identified in the City of Bozeman Affordable Housing Ordinance (AHO); Chapter 38, Article 43 of the Bozeman Municipal Code. To address these affordable housing needs the applicant requests consideration of two items: 1. The applicant proposes, through The Lakes at Valley West Planned Unit Development, an alternative method of compliance with the terms of 38.43 by requesting an alternative income qualification approach, marketing requirements, and subsidy recapture. 2. Impact fee support for up to eight (8) townhomes to be constructed in The Lakes at Valley West and marketed with the assistance of HRDC directly to households with incomes at or below 80% of the Area Median Income (AMI). This alternative method of compliance received approval for 4 homes at the November 13, 2017 City Commission Meeting of Bozeman, Montana. As part of that request these 4 homes apply to the affordable housing requirement for Phases 5 & 6 of The Lakes at Valley West PUD. At this time four of these homes are being constructed and are under contract for sale to qualifying families. To date this alternate method of compliance has proven very successful. Number of Affordable Homes; Number of Bedrooms; Location; Timing of Delivery; Construction Section 38.43.060. provides the number of affordable homes required in a development plan and options for meeting those requirements. Section 38.43.060.A.1. provides one method to meet this requirement is that “The developer may: Build and sell low priced homes. 10% of the total dwelling units constructed within the subdivision or site plan must be built and sold at price targets as established by the city pursuant to section 38.43.070 to households with incomes at or below 80% of AMI. To meet this requirement for the 79 proposed lots in phases 5 and 6 of The Lakes at Valley West the applicant is proposing to construct 8 homes to be built and marketed to households with incomes at or below 80% of AMI. As mentioned previously four of these homes are already under construction and under contract for sale to qualified buyers. The remaining four, one of which is reserved by a qualified buyer, will be constructed in the spring and summer of 2018. These affordable homes will be delivered in completion or started prior to the issuance of 50% of the building permits to construct market rate homes in Phases 5 & 6 of The Lakes at Valley West. These homes are being marketed in cooperation with HRDC. The actual bedroom count or specific unit to be provided will depend on the needs of the individual homebuyers. The units are designed to allow flexibility between the lots and buildings and the bedroom count or specific unit to be provided will be adjusted to meet the needs of the specific buyers. Currently the market rate homes in The Lakes at Valley West provide a combination of 1 bedroom apartments (ADU’s), 2 and 3 bedroom townhomes, and 3 and 4 bedroom single family homes. The specific design of each home and number of bedrooms to be provided in Phases 5 & 6 is not known at this time and is dependent on a number variables including but not limited to the needs of the homeowner and market conditions at the time the home is constructed. It is not possible to provide an exact mix of the number of bedrooms to be provided in each market rate home at this time. 209 The following is a list of the homes currently anticipated. Plans and elevations for the units are provided with this submittal. The Proposed Homes 5519 Arnhem Way: 2 Bedroom/2 Bath Townhome (Upon approval to be constructed in the spring and summer of 2018) 852 SF 80% AMI Mortgage $169,911 Down Payment Assistance $ 10,000 AHO Allowable Sales Price $180,911 Due to the fact that the applicant is providing a 2 Bedroom/ 2 Bath product that can feasibly be purchased by a family with an income similar to a qualified 3 Bedroom unit the applicant requests an additional category be added for this product and that the maximum price be increased to $199,500. Proposed Sales Price $199,500 5533 Arnhem Way: 3 Bedroom/2 Bath Townhome (Upon approval to be constructed in the spring and summer of 2018) 1044 SF 80% AMI Mortgage $214,793 Down Payment Assistance $ 10,000 Buyer Minimum Contribution $ 1,000 AHO Allowable Sales Price $225,793 Proposed Sales Price $225,793 5557 Arnhem Way: 2 Bedroom/2 Bath Townhome (Approved by City Commission November 13, 2017; currently under construction and contract for sale to a qualified buyer) 852 SF 80% AMI Mortgage $169,911 Down Payment Assistance $ 10,000 Buyer Minimum Contribution $ 1,000 AHO Allowable Sales Price $180,911 Due to the fact that the applicant is providing a 2 Bedroom/ 2 Bath product that can feasibly be purchased by a family with an income similar to a qualified 3 Bedroom unit the applicant requests an additional category be added for this product and that the maximum price be increased to $199,500. Proposed Sales Price $199,500 210 5567 Arnhem Way: 3 Bedroom/2 Bath Townhome (Approved by City Commission November 13, 2017; currently under construction and contract for sale to a qualified buyer) 1044 SF 80% AMI Mortgage $214,793 Down Payment Assistance $ 10,000 Buyer Minimum Contribution $ 1,000 AHO Allowable Sales Price $225,793 Proposed Sales Price $225,793 5575 Arnhem Way: 2 Bedroom/2 Bath Townhome (Approved by City Commission November 13, 2017; currently under construction and contract for sale to a qualified buyer) 852 SF 80% AMI Mortgage $169,911 Down Payment Assistance $ 10,000 Buyer Minimum Contribution $ 1,000 AHO Allowable Sales Price $180,911 Due to the fact that the applicant is providing a 2 Bedroom/ 2 Bath product that can feasibly be purchased by a family with an income similar to a qualified 3 Bedroom unit the applicant requests an additional category be added for this product and that the maximum price be increased to $199,500. Proposed Sales Price $199,500 5583 Arnhem Way: 3 Bedroom/2 Bath Townhome (Approved by City Commission November 13, 2017;currently under construction and contract for sale to a qualified buyer) 1044 SF 80% AMI Mortgage $214,793 Down Payment Assistance $ 10,000 Buyer Minimum Contribution $ 1,000 AHO Allowable Sales Price $225,793 Proposed Sales Price $225,793 211 5603 Arnhem Way: 2 Bedroom/2 Bath Townhome (Upon approval to be constructed in the spring and summer of 2018) 852 SF 80% AMI Mortgage $169,911 Down Payment Assistance $ 10,000 Buyer Minimum Contribution $ 1,000 AHO Allowable Sales Price $180,911 Due to the fact that the applicant is providing a 2 Bedroom/ 2 Bath product that can feasibly be purchased by a family with an income similar to a qualified 3 Bedroom unit the applicant requests an additional category be added for this product and that the maximum price be increased to $199,500. Proposed Sales Price $199,500 5609 Arnhem Way: 3 Bedroom/2 Bath Townhome (Upon approval to be constructed in the spring and summer of 2018) 1044 SF 80% AMI Mortgage $214,793 Down Payment Assistance $ 10,000 Buyer Minimum Contribution $ 1,000 AHO Allowable Sales Price $225,793 Proposed Sales Price $225,793 Marketing The applicant is working directly with HRDC to market the homes to qualified buyers. HRDC pre- qualifies a household to verify that they meet the 80% AMI requirement and places them in direct communication with the applicant to purchase the home. HRDC will also verify the qualifications prior to the applicant and buyer closing the sale. This third party oversight strengthens assurances for the City that the homes are sold to qualified buyers. Subsidy Recapture The applicant requests alternate Subsidy Recapture provisions to those provided in the Affordable Housing Ordinance as follows: The applicant proposes to replace the Requirement for repayment of cash subsidy with the following language: - Requirement for repayment of cash subsidy. The buyer of a lower-priced home that receives cash support in the form of funds from the Affordable Housing Fund or other funding through the city, including but not limited to down payment assistance, impact fee payment, or other funding shall be required to repay all or a portion of the subsidy, at 0% interest, when the 212 dwelling or property is sold, transferred, refinanced within 5 years of the date of purchase or at any time the initial buyer who qualified for the subsidy has failed to abide by the requirements of this article. The subsidy will be recorded as a lien against the property at the Gallatin County Clerk and Recorders Office. Any cash subsidy provided by the City will be reduced by 20% over each of the first 5 years following the initial purchase of the home as long as the home is owned and occupied by the initial buyer who qualified for the subsidy. Any lien for a cash subsidy will be removed completely after the 5 year period. - Requirement for repayment of non-cash subsidy. This requirement is eliminated in its entirety. Impact Fee Support The applicant is requesting impact fee support from the City in the amount of 100% of the impact fee applicable for each townhome unit. This support is being request in accordance with section 2.06.1700.H. of the Bozeman Municipal Code. 3-day Permit Review 3 day permit review criteria is requested including the provision of the same expedited 3 day permit review for a market rate home in the future for each affordable home. 213 5557 Arnhem Way Bozeman, MT 3 bedroom 2 bathroom 5567 Arnhem Way Bozeman, MT 2 bedroom 2 bathroom Townhomes For Sale in The Lakes Subdivision Beautiful townhomes to be constructed in The Lakes at Valley West, Bozeman’s premier residential community. Built by Kilday & Stratton,Inc., these effi ciently designed homes feature innovative open design, modern fi nishes, and attached carports. Enjoy The Lakes community amenities including two 6-acre lakes, miles of walking trails and open space, as well as the close proximity to three schools and sports fi elds. Construction is starting in August 2017. Coming soon to the MLS! Greg Stratton 406-599-5603 www.lakesatvalleywest.com 214 REF.DWREF.DWWDWHSTACKINGW/DWHGENERAL NOTES1. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND JOB SITE CONDITIONS BEFORE COMMENCING WORK AND SHALL REPORT ANY DISCREPANCIES TO THE ARCHITECT.2. GENERAL CONTRACTOR TO COORDINATE ARCHITECTURAL DRAWINGS WITH MECHANICAL, ELECTRICAL, AND PLUMBING.APPLICABLE CODES:2012 INTERNATIONAL RESIDENTIAL CODE 2012 UNIFORM PLUMBING CODE 2012 INTERNATIONAL MECHANICAL CODE 2014 NATIONAL ELECTRIC CODE 2012 INTERNATIONAL FUEL GAS CODE2012 INTERNATIONAL ENERGY CONSERVATION CODEDESIGN CRITERIASEISMIC ZONE D090 MPH WINDA3.32A3.31A3.21A3.2222x30 ATTIC ACCESS30x30 CRAWL SPACE ACCESS63' - 6"10' - 6"BED 112-0 X 8-9BED 213-0 X 8-9BATH5-0 X 9-4BATH8-2 X 5-0KITCHEN7-9 X 13-63' - 0" 3' - 0" 17' - 6" 11' - 6" 3' - 0" 3' - 0"LIVING/DINING18-8 X 10-6COVERED PATIOCOVERED PATIO6' - 0"12' - 6"8' - 2"13' - 4"6' - 0"PROPERTY LINEPROPERTY LINEBATH7-0 X 7-11W.I.C.4-11 X 4-5BATH5-0 X 8-0MASTER BED10-8 X 12-0COVERED PATIOCOVERED PATIOKITCHEN9-2 X 17-10LIVING/ DINING13-4 X 11-6BED 210-0 X 10-31,044 SF852 SFPANTRYTYPE 'B' FENCETYPE 'B' FENCEPARKING4' - 0" 9' - 4"23' - 8"20' - 0"11' - 0" 4' - 0" 2' - 0"PARKINGTYPE 'B' FENCETYPE 'B' FENCEBED 39-4 X 10-3LINENPANTRY37' - 0"10' - 6"8' - 2"6' - 4"12' - 0"10' - 8"6' - 4"9' - 6"4' - 6"6' - 0"STORAGE5-4 X 2-63' - 0"STORAGE5-4 X 2-64' - 8" 4' - 8" 5' - 6" 2' - 4" 3' - 2" 6' - 4"6' - 4" 5' - 10" 5' - 4" 3' - 8" 5' - 2" 10" 2' - 4" 7' - 10"41' - 0"37' - 0"46' - 0"6' - 0" 6' - 0" 5' - 4" 5' - 4"6' - 3"6' - 3"2' - 6"5' - 8"3/4" WATER LINE CONFIRM LOCATION3/4" WATER LINE CONFIRM LOCATION37' - 0"37' - 0"30" X 42"SINGLE HUNG(7' - 4") HEAD48" x 80"BIFOLD28" x 80"30" x 80"60" x 80"BIFOLD30" x 80"36" x 80"TEMPEREDFULL LITE60" x 80"BIFOLD28" x 80"36" x 80"28" x 80"28" x 80"24" x 80"36" X 60"FIXEDEGRESS(7' - 4") HEAD36" X 60"SINGLE HUNG(7' - 4") HEAD36" X 60"FIXED(7' - 4") HEAD36" X 60"FIXEDEGRESS(7' - 4") HEAD36" X 60"FIXED(7' - 4") HEAD28" x 80"60" x 80"BIFOLD30" X 42"SINGLE HUNG(7' - 4") HEAD36" x 80"36" X 60"FIXED(7' - 4") HEAD28" x 80"48" x 48"SINGLE HUNG(7' - 4") HEAD48" x 48"SINGLE HUNG(7' - 4") HEAD24" x 80"36" X 60"SINGLE HUNGEGRESS(7' - 4") HEAD60" x 80"BIFOLD60" x 80"BIFOLD28" x 80"18" x 80"36" x 80"36" x 80"36" X 60"SINGLE HUNG(7' - 4") HEAD36" X 60"FIXED(7' - 4") HEAD36" X 60"SINGLE HUNG(7' - 4") HEAD36" X 60"FIXEDEGRESS(7' - 4") HEAD36" X 60"SINGLE HUNG(7' - 4") HEAD36" X 60"SINGLE HUNG(7' - 4") HEAD36" X 60"SINGLE HUNG(7' - 4") HEAD36" X 60"SINGLE HUNGEGRESS(7' - 4") HEAD36" x 80"TEMPEREDFULL LITE30" x 80"30" x 80"4' - 2" 4' - 0"6X6 POST, TYP.ROOF BEAM ABOVEROOF BEAM ABOVEROOF BEAM ABOVE, TYPICAL4' - 6" 5' - 0"2' - 6"7' - 10"7' - 2"12' - 0" 5' - 6" 5' - 9" 5' - 9"74' - 0"ROOF BEAM ABOVE, TYPICALROOF BEAM ABOVE, TYPICAL11"1-HR COMMON WALL5' - 8"7' - 8"COVERED CARPORTCOVERED CARPORT1-HR COMMON WALL11"5' - 8" 2' - 6" 4' - 1"3' - 10"7' - 4"3' - 6"3' - 4"10' - 1"5' - 0" 3' - 10"16' - 5" 2' - 4"6X6 POST, TYP.6X6 POST, TYP.6X6 POST, TYP.ROOF BEAM ABOVE, TYPICALROOF BEAM ABOVE, TYPICAL2X68' - 10"2' - 4"3' - 6"2' - 1"1' - 11"9' - 5"4' - 9" 8' - 7"9' - 7" 2' - 6" 5' - 0"3' - 10" 8' - 7"3' - 0"2X67' - 1" 3' - 11" 3' - 8" 6' - 0" 2' - 4" 11' - 1"3' - 6"3' - 4"5' - 0"8' - 4"10' - 7"2' - 4"2' - 10"5' - 0"12' - 4"11' - 0" 5' - 0" 9' - 7"7' - 1" 3' - 11" 5' - 0"3' - 10"6' - 9"2' - 4"5' - 4"ELECTRICAL METERE.P.E.P.22x30 ATTIC ACCESSELECTRICAL METERENERGY EFFICIENCY2012 INTERNATIONAL ENERGY CONSERVATION CODEMONTANA CLIMATE ZONE 6BINSULATION & FENESTRATION REQUIRMENTS BY COMPONENTCEILING FLAT: FLAT R-49VAULTED R-38WALLS: ABOVE GRADE R-21BASEMENTS R-19 CAVITY/ R-15 CONT.CRAWL SPACE R-19 CAVITY/ R-15 CONT.FLOORS: OVER UNHEATED SPACES R-30PERIMETER SLAB FOR 4 FT. R-10EXTERIOR DOORS R-3WINDOWS NFRC UNIT RATING U-0.32WATER HEATER ENERGY FACTOR RATING 0.58HEATING SYSTEM ENERGY EFFICIENCY RATING 78%(AFUE FOR GAS; HSPF HEAT PUMP)BEAM SCHEDULERB1XXXPLAN NOTES1. CONTRACTOR TO CONFIRM SIZE & TYPE OF WATER HEATER, SET HEATER IN 1 1/2" DEEP 24 GA. GALVANIZED STEEL PAN DRAINED w/ 3/4" INDIRECT WASTE PIPE. WATER HEATERS SHALL BE ANCHORED OR STRAPPED TO PREVENT HORIZONTAL MOVEMENT2. ELEVATE WATER HEATER 18" MINIMUM ABOVE GARAGE SLAB TO ANY ELEMENT OR SWITCH THAT MAY SPARK3. A PERMANENT CRAWL SPACE LADDER OR ATTIC SPACE PULL DOWN LADDER IS TO BE INSTALLED TO ACCESS THE HEATING UNIT OR BOILER. 4. THE MAXIMUM CLEAR TRAVEL PATH FROM THE CRAWL SPACE OR ATTIC ACCESS OPENING TO THE HEATING UNIT OR BOILER IS 20 FEET.5. PROVIDE LIGHT FIXTURE CONTROLLED BY A SWITCH LOCATED AT THE CRAWL SPACE ACCESS HATCH & A RECEPTACLE OUTLET SHALL BE INSTALLED AT OR NEAR THE FURNACE.MECHANICALEGRESS WINDOWSSAFETY GLAZING REQUIREMENTS1. TEMPER GLAZING AT LOCATIONS SPECIFED IN IRC 2012 R308.4 FIRE RESISTANT CONSTRUCTION REQUIREMENTS1. DOOR(S) BETWEEN GARAGE & HOUSE SHALL BE 20-MINUTE & EQUIPPED WITH A SELF-CLOSING DEVICE.2. INSTALL 1/2" GWB @ WALLS & UNDER-STAIR SURFACE IN ENCLOSED ACCESSIBLE SPACE UNDER STAIRS 3. WHERE HABITABLE ROOMS ARE ABOVE A GARAGE, APPLY 5/8" TYPE 'X' GWB ON GARAGE CEILING & 1/2" GWB ON WALLS SUPPORTING FLOOR ABOVE4. FOAM INSULATION SHALL BE SEPARATED FROM THE INTERIOR OF A BUILDING BY AN APPROVEDTHERMAL BARRIER OF MINIMUM 1/2 INCH GWB OR A MATERIAL THAT IS TESTED IN ACCORDANCE NFPA 275.5. PROVIDE FIRE BLOCKING VERTICALLY AT THE CEILING AND FLOOR LEVELS & HORIZONTALLY AT INTERVALS NOT EXCEEDING 10 FT.ALL SLEEPING ROOMS SHALL HAVE A MEANS OF EGRESS DIRECTLY TO THE OUTSIDE VIA A DOOR OR WINDOW. EGRESS WINDOWS SHALL MEET THE REQUIREMENTS OF IRC 2012 SECTION R310.11-HR COMMON WALL REQ'MTS.REFER WALL SECTION ON 2/A2.3 IN ADDITION TO NOTES BELOWTOWNHOUSE COMMON 1-HOUR FIRE-RESISTANCE-RATED WALL ASSEMBLY (IRC R302.2)(UL DESIGN U305 & U340-TL-77-149, STC 54 [WEAL 06-497])• (2) 2X6 WALLS SEPARATED BY 2" AIR SPACE. STUDS @ 16" O.C.• R-21 FRICTION-FIT FIBERGLASS BATT IN BOTH WALLS• 5/8" GWB TYPE X ON EACH FACE OF STUD, (4) LAYERS TOTAL, CAULK PERIMETER, (SUBSTITUTE EXTERIOR GYP @ EXTERIOR LOCATIONS)• TESTED IN ACCORDANCE WITH ASTM E 119 OR UL 263 • WALL SHALL NOT CONTAIN PLUMBING OR MECHANICAL EQUIPMENT, DUCTS OR VENTS IN THE CAVITY OF THE COMMON WALL. • THE WALL SHALL BE RATED FOR FIRE EXPOSURE FROM BOTH SIDES AND SHALL EXTEND TO AND BE TIGHT AGAINST EXTERIOR WALLS AND THE UNDERSIDE OF THE ROOF SHEATHING. • ELECTRICAL INSTALLATIONS SHALL BE INSTALLED IN ACCORDANCE WITH IRC CHAPTERS 34 THROUGH 43. PENETRATIONS OF ELECTRICAL OUTLET BOXES SHALL BE IN ACCORDANCE WITH SECTION R302.4. (406) 579-4630www.blackmountainarch.comBLACK MOUNTAIN ARCHITECTURE 2016A2.1FLOOR PLANK&S DUPLEXES5567 & 5557 ARNHEM WAYLOTS 7 & 8, THE LAKES, PHASE 3BOZEMAN MTFINAL REVIEWJULY 24, 2017 1/4" = 1'-0"1FLOOR PLAN215