HomeMy WebLinkAbout05-21-18 City Commission Packet Materials - C5. Findings of Fact for Lakes at Valley West Phase 5 and 6 PUD
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Sarah Rosenberg, Associate Planner SUBJECT: Lakes at Valley West Phase 5 & 6 Preliminary Planned Unit Development Findings of Fact and Order, Application 18023 MEETING DATE: May 21, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Lakes at Valley West Phase 5 & 6 Preliminary Planned Unit Development Application 18023. BACKGROUND: On May 7, 2018, the City Commission held a public hearing on an application for preliminary approval for the Lakes at Valley West Phase 5 & 6 planned unit
development.
The Commission voted unanimously to approve the application subject to conditions and code provisions to ensure the final plan would comply with all applicable regulations and all required criteria. These findings of fact provide a record of the review and Commission action
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact and Order Report compiled on: May 8, 2018.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase
5 & 6 Preliminary Planned Unit Development (PUD)
Date: Design Review Board (DRB) Meeting of March 28, 2018 at 5:30 pm in the City
Commission Room, City Hall, 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 Planned Unit Development 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. Phase 5 & 6 includes 20.86 total acres for 79
dwellings with 20 Accessory Dwelling Units (ADU), nine open space lots, and one park lot.
Fifteen relaxations were approved with previous phases and are continued to be requested with
this application. Two further relaxations are proposed.
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
Action: 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 18023 and move to approve the preliminary planned
unit development with conditions and subject to all applicable code provisions.
Staff Contact: Sarah Rosenberg, Community Development
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The proposed Planned Unit Development (PUD) continues the previously approved Lakes at
Valley West PUD. PUD relaxations approved in that project added uses to the existing R-1
district, modified numeric standards of the R-1 district, established an alternate alley
standard, and modified block dimensions. The PUD is proposed in conjunction with a
subdivision to create 79 residential lot with 20 ADUs, nine open space lots, and one park lot.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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The project is the final two phases of the Lakes at Valley West Planned Unit Development.
This project will have a customized R-1 district which will be in effect only within the
project boundaries. Unless the PUD modifies a standard, the base requirements of the
Unified Development Code remain in effect. Similarly to the previous phases, Phases 5 and 6
proposes a unique combination of uses and configuration. The lots are smaller than those
commonly platted in Bozeman, however, substantial open space is provided in both public
and private ownerships. The previous phases provided more than the minimum park land as a
bank for future phases. This phase is drawing on that reserve. Open space is provided within
the two final phases.
The PUD conforms to the requirements of the Unified Development Code criteria. A PUD is
a discretionary approval and the review authority must find that the overall development is
superior to that offered by the basic existing zoning standards. See Section 38.20.030.A.4,
BMC. The obligation to show a superior outcome is the responsibility of the applicant.
Design Review Board
The Design Review Board considered the application on March 28, 2018. No public
comments were received. The DRB recommended approval of the application with the
conditions proposed by staff. The video of the meeting is available
at http://www.bozeman.net/services/city-tv-and-streaming-audio.
City Commission
The City Commission conducted the required public hearing on May 7, 2018. No public
comment was received. After discussion and deliberation, the City Commission unanimously
approved the planned unit development.
Public Comment
There was 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.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Design Review Board ......................................................................................................... 2
City Commission ................................................................................................................ 2
Public Comment.................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 –REQUESTED RELAXATIONS ....................................................................... 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 9
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 10
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 14
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 20
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 21
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 22
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 23
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 23
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT ........................................... 23
FISCAL EFFECTS ................................................................................................................. 24
ATTACHMENTS ................................................................................................................... 24
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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SECTION 1 - MAP SERIES
Zoning Vicinity Map
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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Overall Project Boundaries
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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Overall phase plan with Phase 5 & 6 highlighted
Master Site Plan
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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Proposed layout for Phase 5 & 6
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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SECTION 2 –REQUESTED RELAXATIONS
Planned Unit Development Relaxations are requested with this application. The applicant
has requested relaxations to the following standards. The summary of each relaxation, the
customized zoning district incorporating those relaxations, and the overall reasoning behind
the relaxations is in Section D6 of the PUD submittal. The altered standards are depicted by
lot and described in text in Appendix C of the Design Manual included in the PUD submittal.
Explanatory notes are attached to each section of the municipal code proposed to be altered.
Items 1-15 are a carry-over from the previously approved phases 1-4. Items 16 and 17 are
additional relaxations for Phases 5 and 6.
Summary List of Relaxations Code Section Summary of Section 1) 38.08.010.A.2 Intent of R-1 District 2) 38.08.020 Expand Authorized Uses in R-1 3) 38.08.030.A.2 Increase Allowed Lot Coverage and Floor Area 4) 38.08.040.A Reduce Minimum Lot Area
5) 38.08.040.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
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 apply to the subdivision of the property being processed concurrently with this
planned unit development.
Recommended Conditions of Approval:
1. The final PUD plan shall be submitted, reviewed, and approved prior to approval of the final
plat.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. The applicant shall submit with the application for Final PUD Plan review and approval, a
written narrative stating how they have responded to each of these comments. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The final plan submittal shall identify the uses to be allowed on each proposed lot in the design guidelines and associated development standards as was done with Phases 1-4.
5. No property may be removed from the covenants without written approval of the City of Bozeman.
6. The City of Bozeman has relied upon the overall design standards required as part of the planned unit development application. The design standards may not be altered without consent of the City.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
A. None are identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for residential planned unit developments approval
with conditions is recommended to the Design Review Board (DRB). The DRB reviewed the
application at a public hearing on March 28, 2018 and recommended approval of the
application with the conditions outlined in this report to the City Commission.
The Planning Board conducted a public hearing on the related subdivision to make a
recommendation to the City Commission. The public hearing was heard on April 17, 2018.
The Development Review Committee (DRC) considered the Planned Unit Development on
February 7, 2018. The DRC found that the application was adequate to proceed in review.
The City Commission reviewed the application at a public hearing on May 7, 2018 and
approved the application with the conditions outlined in this report.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
This project is proposing residential uses within a residentially planned area. No conflicts
have been identified with the growth policy future land use designation or goals and policies.
Section 1c of the application is the applicant’s response to this criterion. The application
support various growth policy goals and principles as described in Section 1c of the
application. No conflicts with the growth policy have been identified.
2. Conformance to this chapter, including the cessation of any current violations
There are no known violations on the property. The project proposes several alternative
standards for development within the PUD. If the remaining PUD and subdivision processes
are completed, and the City Commission approves the requested relaxations, then the project
will be in conformance. If the Commission does not approve the relaxations then the project
will not be in conformance and should not be approved.
Relaxations 1-15 are being requested to be applied to Phase 5 & 6 as well as two additional
relaxations being sought out. One relaxation that was also specific to Phase 3 is being
requested for lots 58-61 and Lots 25-28 in Phase 5 and Lots 1-8 in Phase 6. This request is to
allow a covered deck encroachment into the rear setback.
3. Conformance with all other applicable laws, ordinances, and regulations
Applications for design and review of infrastructure, compliance with building permits, and
related processes are future events. Compliance will be required as the project advances. The
application includes correspondence regarding wetland and water right changes indicating
the applicants have begun the required processes.
4. Relationship of site plan elements to conditions both on and off the property
The proposed construction of the street network provides for connectivity and continuity of
streets. Trail networks are proposed that cross the project and are connected to perimeter and
internal sidewalks. The proposed location of additional open space will integrate with the
existing Bronken Park, Baxter Creek Natural Area, and associated trails. A paved trail is
proposed along the western edge of the project which can be connected to a developing
similar trail in development to the south and a prior phase to the north. This trail connection
is an important N-S connection between Huffine Lane and Durston Road.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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Relaxation No. 16 requests reduced park frontage in Phase 6. Phase 1 contains the vast
majority of the Lakes at Valley West dedicated parkland that is fronted by a public road.
Approximately 60% of the proposed parkland in Phase 6 is fronted by streets. This park is
not a typical active park as it is part of a wetland complex and the need for parking is less
than if it was a fully developed park. 7.23 acres of dedicated parkland is included with Phases
5 and 6.
The property is bounded either by prior phases of the development or by landscaped open
spaces. The physical separation provides a green edge that separates the unusual lot
configurations on the property. The individual home sites are unlikely to have negative
affects off the property. The proposed design manual and standards are proposed to mitigate
potential conflicts. No particular conflicts have been identified at this time.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Adequate parking is provided. The application does not request relaxations related to
parking. The site is accessed by Durston Road, an arterial street and Laurel Parkway, a
collector street. Westmorland and Westgate are local streets providing internal circulation.
The named woonerfs provide access to most of the homes. The anticipated traffic load does
not exceed the capacity of the streets. The woonerfs constructed to date have been tested by
traffic during the past winter and are work adequately. Active snow management provided by
the Property Owners’Assocation (POA) is necessary to achieve this result. This is established
in the conditions of approval of the subdivision and the associated supplementary documents.
6. Pedestrian and vehicular ingress and egress
Adequate circulation is provided. The street cross sections are analyzed with the subdivision.
The woonerf section has been installed in the first three phases and was approved to be
constructed in phase 4. The woonerfs are functioning without any signficiant known
complaints or reported accidents. . The proposed street network provides adequate access and
circulation.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
The pedestrian trail and street networks and open space landscaping are shown on sheet SD1
of the open space plan in the application. The classification of the various streets and trails
are depicted and are consistent with other phases and City standards. The landscaping plan
demonstrates compliance with the landscaping requirements of Article 38.26.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
Page 12 of 24
8. Open space
The project proposes several open spaces. Phase 5 and 6 proposes 1.55 acres or 7% of the
land to be open space. The west lake is surrounded by ample open space that creates a buffer
between private properties and the natural wetland fringe of the lake. The required amount
of open space has been provided.
9. Building location and height
The PUD proposes to replace the existing R-1 allowed building heights with those of the R-4
zoning district. The overall difference is a maximum of eight feet in height. The proposed lot
sizes are in some circumstances much smaller than normal for the R-1 district. The additional
allowed height enables the homes to have additional area on upper floors. This is Relaxation
#7. The allowance for smaller lots and taller buildings is part of the distinctive nature of the
Lakes at Valley West. The additional height allowance provides opportunities for steeper
roof pitches.
10. Setbacks
Relaxation No. 17 modifies the setbacks for covered decks. Lots 25-28 and 58-61 in Phase 5
and Lots 1-8 in Phase 6 are proposed to have reduced rear yard setbacks. These lots are
adjacent to open spaces. This relaxation proposes to allow for the framed portion of the
covered deck to encroach into the setback, allowing an addition 2 foot encroachment for the
overhangs/eaves for a total encroachment of up to 7 feet. This same relaxation was approved
in Phase 3 and it has not produced any known negative impacts.
11. Lighting
New lighting will be required along the public streets. The proposed street lights and building
mounted lights conform to the City’s dark sky requirements. The private lighting is subject to
the proposed design guidelines which direct use of LED lighting. Lighting has already been
installed along Durston Road and appropriate internal intersections.
12. Provisions for utilities, including efficient public services and facilities
All necessary utilities are provided. This issue is addressed primarily through the companion
subdivision application and associated conditions of approval.
13. Site surface drainage
Drainage is placed within appropriate locations. Placement and design will be addressed with
the subdivision conditions.
14. Loading and unloading areas
None are proposed.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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15. Grading
The site has little natural contours. Two large artificial lakes already exist on the site which
provide the greatest topographic change. No substantial grading is proposed except for that
required for the installation of streets. Future phases have several large piles of gravel
excavated from the lakes. No changes with those are proposed at this time.
16. Signage
None is proposed at this time.
17. Screening
No proposed element of the project requires screening at this time. The design manual
approved with earlier phases and continued to this project addresses screening with
individual residences.
18. Overlay district provisions
Not applicable to this application.
19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
Not applicable. The site will be divided according to the companion subdivision.
21. Compliance with article 38.43 of the Bozeman Municipal Code.
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
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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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.
22. Phasing of development
The present project is the subsequent phase of the project. The prior phases are being
completed at this time. The phases appear adequate to enable use and development of the
property independent of other work.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The site is adequate. The existing lakes have been used as design features and are integrated
into the development. Landscaped area are coordinated with adjacent property and within the
proposed development. Parking is provided on each lot and along the public streets. Special
areas are designated along the woonerf.
The relaxations will allow a tighter development pattern. The resulting designs for homes
will require substantial care to conform to the Design Manual. The applicant has provided
within the Design Manual lot specific information to enable future designers to comply. The
proposed standards are achievable and have been proved in previous phases.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
No adverse impacts to abutting properties are identified. Issues of traffic impacts which does
interact with the larger transportation system will be addressed with the related subdivision.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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3. That any additional conditions stated in the approval are deemed necessary
to protect the public health, safety and general welfare. Such conditions may include,
but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
The proposed covenants associated with the project address these areas. The covenants will
be addressed primarily through the comments on the related subdivision. No changes to the
previously approved covenants are proposed other than to extend them to this phase of
development and add the new relaxations applicable to these final phases.
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
Page 16 of 24
property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final PUD plan
process and will be required prior to approval of the final site plan.
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC
Sections D6 and D16 of the application presents the applicant’s response to these criteria. In
addition to the criteria for all site plan and conditional use reviews, the following criteria will
be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development shall
be reviewed against, and comply with, the applicable objectives and criteria of the
mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets?
Except for those standards proposed for relaxation it appears the application conforms.
(2) Does the project preserve or replace existing natural vegetation?
The site has been substantially disturbed by previous development. There are some existing
wetland areas within proposed open spaces which will remain largely undisturbed except for
installation of pedestrian trails. There will be substantial placement of new vegetation within
the open spaces and parks. Wetland areas in the open spaces were previously reviewed and
approved with a 404 permit. The permit has been closed. The project is providing a buffer
along Aajker Creek which will lessen disturbance of that vegetation.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to produce an efficient, functionally organized and cohesive
planned unit development?
Yes, the proposal is cohesive and has a variety of coordinating elements ranging from design
standards to physical street configurations.
(4) Does the design and arrangement of elements of the site plan (e.g., building construction,
orientation, and placement; transportation networks; selection and placement of landscape
materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction
of energy use by the project?
The project has lot layouts which are favorable to installation of solar systems. Such systems
are not proposed at this time. Individual site designs have not been completed. The site will
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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be integrated in to the existing and developing pedestrian and bicycle network which will
enable travel without motor vehicles. The site is on the western edge of the City at this time
and there are few services or employment locations in near proximity at this time. Services
are developing on other sites along Cottonwood Road and Huffine Lane.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to maximize the privacy by the residents of the project?
The site designs for individual lots are not known at this time. They will be designed
individually. The Design Manual provides guidelines in this area which appear to address
this criterion.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park
land or open space been provided for each proposed dwelling as required by section
38.27.020.
The project has a surplus balance of parkland from prior dedications. 2.97 acres of parkland
is required and the applicant is proposing that 7.23 acres of parkland is dedicated with these
Phases. The tabulation of parkland is provided in the subdivision submittal. The standard has
been met.
(7) Performance. All PUDs shall earn at least 20 performance points.
With a PUD, Section 38.20.090.E.2.a.7 requires at least 20 performance points for the subject
property. There are 11 options provided in the UDC to meet this requirement. Points can be
met using any combination of on-site and off-site open space or other options listed in the
code. The Preliminary PUD must specify how the performance points are being met.
Open space provisions for phased PUD developments: If a project is to be built in phases,
each phase shall include an appropriate share of the proposed recreational, open space,
affordable housing and other site and building amenities of the entire development used to
meet the requirements of section 38.20.090.E.2. The appropriate share of the amenities for
each phase shall be determined for each specific project at the time of preliminary approval
and shall not be based solely upon a proportional or equal share for the entire site.
The Lakes at Valley West Phase 5 & 6 PUD is proposing to satisfy the performance
requirement solely with additional open space. The tabulation is under the parkland section
of the application. The application satisfies the requirement. Public access to the open space
will be provided by easement.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
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(8) Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become an isolated
"pad" to adjoining development?
The overall property is well integrated into the arterial and collector system. Local streets
provide additional connectivity. The two lakes and associated stream and wetland areas are
substantial barriers which limit connectivity. Trail connections have been placed to improve
connectivity to Bronken Park and its trails. This current phase continues the trail networks.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3,
R-4, RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the maximum
extent possible, preserve and promote the unique character of neighborhoods, with
provisions for a mix of limited commercial development. For purposes of this section,
"limited commercial development" means uses listed in the B-1 neighborhood service
district (article 10 of this chapter), within the parameters set forth below. All uses
within the PUD must be sited and designed such that the activities present will not
detrimentally affect the adjacent residential neighborhood. The permitted number of
residential dwelling units shall be determined by the provision of and proximity to
public services and subject to the following limitations:
(1) On a net acreage basis, is the average residential density in the project (calculated for
residential portion of the site only) consistent with the development densities set forth in the
land use guidelines of the city growth policy?
The property is planned a Residential and zoned as R-1. The R-1 district has a standard
minimum lot size of 5,000 sq ft. This provides a base net density of 8.7 dwellings per acre.
Appendix A of this report describes the range of planned residential densities of between 6
and 32 dwellings per acre in Bozeman. Application element D7 provides the required
calculation for the density bonus. Proposed density complies with the growth policy and this
standard.
(2) Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are sufficient in
size and have adequate light, sun, ventilation, privacy and convenient access to the
household or commercial units they are intended to serve?
Private spaces are provided on each lot. The central open spaces provide additional light and
ventilations to adjacent lots.
(3) Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities?
Yes, private open spaces and adequate parkland are provided.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
Page 19 of 24
(4) If the project is proposing a residential density bonus as described below, does it include
a variety of housing types and styles designed to address community wide issues of
affordability and diversity of housing stock?
The project includes a diversity of housing types. Relaxation 2 allows additional housing
types within the R-1 zoning district and Relaxation 8 enables inclusion of accessory dwelling
units without a conditional use permit on specific lots. There are 20 lots that allow for ADUs.
(5) Is the overall project designed to enhance the natural environment, conserve energy and
to provide efficient public services and facilities?
Yes. See the Design Manual for description of sustainability elements. The site has been
annexed for many years and is served by municipal services. Additional on-site extensions of
services will be required as is expected with new development.
(6) Residential density bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district within which the
project is located and which is set forth in article 8 of this chapter, does the proposed project
exceed the established regulatory design standards (such as for setbacks, off-street parking,
open space, etc.) and ensure compatibility with adjacent neighborhood development? The
number of dwelling units obtained by the density bonus shall be determined by dividing the
lot area required for the dwelling unit type by one plus the percentage of density bonus
sought. The minimum lot area per dwelling obtained by this calculation shall be provided
within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the
base density upon which the density bonus is calculated.
Application element D7 provides the required calculation for the density bonus. Proposed
density complies with the growth policy and this standard.
(7) Limited commercial. If limited commercial development, as defined above, is proposed
within the project, is less than 20 percent of the gross area of the PUD designated to be used
for offices or neighborhood service activities not ordinarily allowed in the particular
residential zoning district?
No limited commercial is proposed.
(8) Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
Yes, the property to the north is part of Phases 1-4 of Lakes of the Valley West. It is
primarily development as detached homes. The property to the east is Bronken Park. As
discussed in the application materials, the Valley West development, of which this is a part,
has a character defined by the existing PUD.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
Page 20 of 24
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A) PURSUANT to Chapter 38, Articles 19, 20, and 40, BMC, and other applicable sections of
Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to
affected parties, and a review of the preliminary plan for the planned unit development
described in this findings of fact was conducted. The applicant presented to the City a
proposed preliminary plan for a planned unit development as a fifth and sixth phases of an
existing PUD. The phase includes 79 dwellings with 20 ADUs with associated open spaces,
parkland and streets. Seventeen relaxations to City standards were proposed. Development
of the unplatted area of the PUD will require additional submittal for review as subdivisions.
The purposes of the preliminary plan review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the
plat should be approved, conditionally approved, or denied.
B) It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plan and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plan of the PUD would comply with the requirements of
the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully
advised of all matters having come before them regarding this application, the City
Commission makes the following decision.
C) The preliminary plan has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
D) This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, by following the procedures of Section 38.35.080, BMC. The
preliminary approval of this planned unit development shall be effective for one (1) year
from the date of the signed Findings of Fact and Order approval. At the end of this period
the City may, at the request of the developer, grant individual extensions to its approval by
the Community Development Director for a period of not more than six months at a time
consistent with the requirements of Section 38.19.120 and 38.20.060, BMC.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
Page 21 of 24
DATED this _______day of , 2018.
BOZEMAN CITY COMMISSION
_________________________________
CYNDY ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
Page 22 of 24
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate
the provision of services and employment opportunities to persons without requiring the use
of an automobile. Implementation of this category by residential zoning should provide for
and coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong presence
of constraints and natural features, such as floodplains, may cause an area to be designated
for development at a lower density than normally expected within this category. All
residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints, such as watercourses or steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy. The residential designation
is intended to provide the primary locations for additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Lakes at Valley West Planned Unit Development proposes to modify the existing Valley
West development. The developed portion of that project exists east of Cottonwood Road.
The original Valley West development included Bronken Park and the Baxter Creek Natural
Area. This property which is the subject of the current application has been physically
altered 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 has
changed over time. Phases 5 and 6 are the final phases of the Lakes at Valley West
Subdivision. A total in all phases of 65 acres with 215 residential lots and 246 dwelling units
make up the subdivision.
The PUD seeks to create a unique pocket neighborhood with small lots and alley (woonerf)
access. A detailed Design Manual has been prepared. The first four phases have completed
review and are platted. Home construction has begun. This project will continue the general
pattern established in the initial phases.
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
Page 23 of 24
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided. No public comments were received in regards to this application.
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. 2880 Technology Boulevard W, Bozeman, MT 59718
Report By: Sarah Rosenberg, Community Development, Associate Planner
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.20.010. Intent.
A. It is the intent of the city through the use of the planned unit development (PUD) concept,
to promote maximum flexibility and innovation in the development of land and the design of
development projects within the city. Specifically, with regard to the improvement and
protection of the public health, safety and general welfare, it shall be the intent of this chapter
to promote the city's pursuit of the following community objectives:
1. To ensure that future growth and development occurring within the city is in accord with the
city's adopted growth policy, its specific elements, and its goals, objectives and policies;
2. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to
all citizens of the city area;
3. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open space
and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water quality
and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
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18023, City Commission Findings of Fact for The Lakes at Valley West Phase 5 & 6
Preliminary Planned Unit Development (PUD)
Page 24 of 24
9. To minimize adverse environmental impacts of development and to protect special features of
the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood and the community as a
whole;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040
FISCAL EFFECTS
No individually budgeted items will be affected by this application. Normal costs and revenues
will occur with the new development.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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