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HomeMy WebLinkAbout02-24-20 City Commission Packet Materials - A3. Nest PUD App 19372 supplemental materials 5_______________ DRAFT date The NEST PUD SUBDIVISION DESIGN MANUAL 23 JULY 2019 1 Prepared For: Center Arrow Partners, LLC & The Nest P.U.D. Subdivision at Westbrook Prepared By: Intrinsik Architecture, Inc. Table of Contents Chapter 1: Purpose 3 Chapter 2: Properties and Projects Subject to Design Manual 3 Chapter 3: Relationship to other Documents 4 Chapter 4: The Nest Architectural Review Process 5 Chapter 5: Neighborhood Design Patterns 5 Chapter 6: Amendments 11 Chapter 7: Definitions 12 Appendix A: PUD Zoning 13 Exhibit 1: The Nest Neighborhood Layout 14 Exhibit 2: The Nest Fence Locations 16 2 3 Pursuant to the Declaration of Protective Covenants and Restrictions for The Nest Subdivision at Westbrook (“Nest Declaration”), on file with the Gallatin County Clerk and Recorder’s Office, the Declarant, Center Arrow Partners, LLC (“Declarant”), herein adopts the following The Nest P.U.D. Subdivision Design Manual (“Design Manual”): Chapter 1: Purpose The Nest Subdivision at Westbrook (“The Nest Subdivision”) is a Planned Unit Development (“PUD”) located within the Westbrook Subdivision. The architectural design, types and features in The Nest Subdivision have been approved and prescribed through the PUD. All buildings must be constructed to meet the approved architecture, and no deviation from the approved architectural design, types and features is permitted. Exceptions to this Design Manual may be granted only based on need and design merit as determined by the Subdivision Design Committee (“SDC”) for the Westbrook Homeowners’ Association (“Westbrook Association”) and its successors and assigns pursuant to the design review process established in the Declaration of Protective Covenants and Restrictions for Westbrook Subdivision (“Westbrook Declaration”), recorded with the County Clerk and Recorder for Gallatin County, MT as Document No. 2563065, as may be amended from time to time. Notwithstanding anything stated in this Design Manual, if a Lot Owner does not construct condominiums on a Lot, it is the Lot Owner’s responsibility to ensure that the proposed construction complies with all laws, rules, and regulations, including without limitation those established by the City of Bozeman, Montana, the County of Gallatin, Montana, the Declaration, the Westbrook Declaration, the International Residential Code, and other applicable plumbing, electrical, or building codes in effect for the City of Bozeman. Chapter 2: Properties and Projects Subject to Design Manual The Design Manual shall inure to and pass with each dwelling, parcel, tract, lot or division in The Nest Subdivision. Unless specifically excluded, this Design Manual shall apply to all property and Lots in The Nest Subdivision. The residential building designs for The Nest Subdivision were submitted and approved by the City of Bozeman as part of the PUD application for The Nest Subdivision, and have been reviewed and approved by the SDC. No variation, modification, addition, or revision to these designs is permitted. In the event that a variation, modification, addition, or revision needs to occur, it shall not be 4 permitted until specifications detailing the nature, kind, design, dimension, shape, elevations, material, use, location and any other information requested by the SDC has been submitted and approved, in writing, by the SDC, and by the City of Bozeman if required. Contact: Attn: Subdivision Design Committee (SDC) 2264 Jackrabbit Lane, Unit B Bozeman, MT 59718 “Improvement” shall be construed broadly and includes, but is not limited to, the dwellings, condominiums, units, garages, landscaping, fences, and all other Improvements on a Lot. Chapter 3: Relationship to other Documents 3.1 Local Land Use Regulations & Building Codes All improvements must comply with applicable building codes, land use regulations, and all other laws, rules and regulations of any government or agency under whose jurisdiction the land lies. Local land use regulations can be found online at www.bozeman.net. Some provisions of this Design Manual may be more restrictive, or less restrictive than local land use regulations as part of the overall Nest PUD. Relaxation # Code Section Summary of Section #5 38.350.050.A.4 Porch encroachment: #10 38.400.090.D Minimum Distance between Access: Woonerf access between Durston Road and Rosa Way #11 38.400.060.B Alternate alley section, Woonerf #12 38.410.100.A.2.d Minimum wetland setback, encroachments in wetlands Relaxations are further addressed in Appendix A: PUD 1- The Nest Unit Development (PUD) Zoning District and are intended to replace the designated sections in the Bozeman Unified Development Code (“UDC”). 3.1.2 Notwithstanding anything contained in this Design Manual to the contrary, the relaxations set forth in 3.1 may not be varied, amended, modified or deleted without the express written authorization of the City of Bozeman. 3.2 The Declaration for The Nest 5 All Lots and Improvements in The Nest Subdivision are also subject to the Declaration of Protective Covenants and Restrictions for The Nest Subdivision at Westbrook (“Westbrook Declaration”), which are on file at the County Clerk and Recorder’s Office in Gallatin County, Montana. Chapter 4: The Subdivision Review Committee 4.1 Enforcement Powers If any Lot Owner violates or threatens to violate any part of this Design Manual, any other Owner in The Nest Subdivision, or the Westbrook Association, and/or the SDC may enforce the provisions of the Design Manual against a Lot Owner in the manner, if any, set forth in the Westbrook Declaration and Westbrook Bylaws. In addition to any other remedy available to the Westbrook Association and/or SDC, the Westbrook Association and SDC have the right to injunctive relief requiring the Owner to stop, remove, and/or alter any Improvements to the Lot such that the Improvements are in strict compliance with this Design Manual and/or the approved plans. 4.2 Variances Any request for any variance, modification, addition, or revision to the approved designs and plans shall be submitted, in writing, to the SDC and must be approved, in writing, by the SDC, and by the City of Bozeman if required. Any variance granted shall be considered unique and will not set any precedent for future decisions. 4.3 Limitation of Responsibilities The SDC does not assume responsibility for the following:  The structural adequacy, capacity, or safety features of the proposed construction or improvement.  Soil erosion, ground water levels, non-compatible or unstable soil conditions.  Compliance with any or all building codes, safety requirements, and governmental laws, regulation or ordinances. Chapter 5: Neighborhood Design Patterns In addition to the approved architecture, design, and features, the following rules apply to all Lots in The Nest Subdivision: 5.1 Site 6 The following site design guidelines are intended to provide a framework for site layouts within The Nest Subdivision. (a) Regulations regarding Intent, Uses, Lot Coverage, Lot Area, Lot Width, Setbacks, Height, Garages, and Parking are built into the prescribed architecture, designs and features to meet the standards of The Nest PUD. For approved architecture, design, features, elevations, materials, color palettes, etc., see Exhibit 2. (b) No fencing other than what has been designed, approved and/or installed is allowed in The Nest Subdivision. Locations for fences are also limited to the areas outlined in Exhibit 3. Only The following fencing types are allowed: 42” Height (3’ 6” H) Option A 42” Height (3’ 6” H) Option B 42” Height (3’ 6” H) Option C 7 42” Height (3’ 6” H) Option D 5.2 Building Upkeep and Maintenance The architecture, design and features at The Nest Subdivision were prescribed and approved through the PUD process. Each Lot Owner shall repair, replace, and maintain the exterior of the dwellings, condominiums, or units on each Lot and all exterior Improvements thereon. When such repairs, replacement, or maintenance are required or desired, the following building design guidelines are intended to promote neighborhood compatibility within the established neighborhood framework. Any changes not outlined here require approval by the SDC through its process. (a) Walls & Facades - If repairs, replacement, or maintenance of facades of the main dwelling, condominiums, or units are required, they shall be repaired, replaced, and maintained to match existing materials and color palette. If an exact repair, replacement, or maintenance is not possible, then repair, replacement, or maintenance shall be made 8 of similar materials and be similarly detailed to the approved design and materials palette. - Exterior dwelling, condominiums, or units walls shall be clad as approved in the architectural design and detailed in the original PUD materials submission. - The overall color palette of the dwelling, condominiums, or units shall conform to the approved designs and palette established in the original PUD materials submission. Only the approved color palette is allowed. - Exposed exterior wood shall not be painted or stained outside of the approved color palette. (b) Porches - Must me kept in a tidy and orderly fashion. - No storing of large boxes, household appliances or trash is allowed on porches. (c) Windows - Only the approved windows that comply with the Westbrook Declaration will be installed. - Replacements: o Must be replaced to match existing windows and approved windows from the original PUD materials submission; o Encouraged to meet or exceed Energy Star Standards and must comply with International Energy Conservation Code minimums. (d) Doors - Exterior and garage doors that comply with the Westbrook Declaration will be installed based on the approved architectural design. - Screen Doors are allowed. - All Replacements: o Encouraged to meet or exceed Energy Star Standards o Front Doors shall be solid wood or have a solid wood appearance. o Garage Doors shall be built of wood, steel or fiberglass. 9 (e) Roofs - Asphalt roofing shingles will be installed. - Replacements: o Shall be Asphalt composition, but at least 30-year architectural grade o Only colors that comply with the Westbrook Declaration and the SDC are permitted. (f) Lighting - Exterior residential lighting is permitted, but must be compatible with the Westbrook Declaration and SDC guidelines, if any. - Any exterior lighting must be dark sky compliant. - Prohibited lighting: o Obtrusive flood lighting, mercury vapor or high-pressure sodium, metal halide, clear glass or exposed bulb fixtures (g) Signage - No signs shall be erected on residential properties except to identify the owner and/or address. - “For Sale” signs shall be allowed during the sale of a property. 5.3 Landscape The proper use of plant materials adds to a sense of permanence and consistency for The Nest Subdivision while also connecting the built and natural environments. Landscape plans or updates submitted with Form A should outline hardscape elements and planting areas with species and quantities listed. (a) R.O.W. and Boulevard Plantings - The right-of-way and boulevard plantings will be initially installed by the developer of each Lot or declarant and maintained by the Westbrook Association. - It is the responsibility of the property owner to notify the Westbrook Association if a right-of-way planting adjacent to the Owner’s Lot becomes damaged or dead for replacement. 10 (b) Plantings & Soil Prep - Landscaping in the Common Open Space will be initially landscaped and maintained through the Westbrook Association. - All Lot Owners are encouraged to landscape their semi-private open spaces and patio yards. Lot Owners may install sod, landscape beds with other grasses, flowers, or small shrubs. Vegetable rows and gardens are allowed. - Native, drought tolerant grasses and regional plant materials are encouraged. If incorporated, lawns should be well maintained, so they thrive and therefore, use fewer resources. Regular fertilizing (see below), aeration, and weekly cutting with a sharp blade are all critical to lawn success. Lawns should be maintained at about 4- inches as keeping lawns slightly long ensures the soil remains shaded, thereby using less water. - Mulching, composting, efficient irrigation, harvesting water from roofs, sidewalks, driveways and other impervious surfaces are all encouraged. - Water-conserving, drought-tolerant landscaping is encouraged. - It is the responsibility of the Lot Owner to contact the appropriate utility companies before digging. (c) Irrigation Systems & Water Use - Plants with similar water usage, sun and shade requirements and zones with spray heads, rotors or drip systems should be grouped together. - Landscapes do not require as much water during shoulder seasons (May, June, September and October) as in July and August. Watering should be reduced in September and October to prepare vegetation for dormancy. Early morning is the best time (4am-9am) to water because watering at night can encourage fungus and disease to grow. Avoid watering between 9am – 7pm. - Water only when your turf requires it. If you leave distinct footprints when you step on it or the grass does not spring back, it is time to water. Applying one inch of water (including rainfall) each time you water once per week is enough to keep your lawn green throughout the summer. 11 - Turf grass should be watered using longer run times (15-20 minutes) but less often. This causes the grass roots to grow deeper thereby needing less water and becoming more drought and weed resistant. Frequent watering of turf grass causes the root base to remain shallow causing the grass to brown easily and it will be more susceptible to drought and weeds. - When watering trees and shrubs it is not necessary to water the leaves or the trunk. Instead, place a sufficient number of emitters evenly around the tree or shrub halfway between the trunk and the outer canopy. (c) Fertilizing / Pesticides - In careful consideration of the adjacent wetlands, Lot Owners will only be permitted to use non-chemical fertilizers / pesticides in yards/landscaped areas. Organic fertilizers for lawns are readily available, as are corn-based weed suppression substitutes. Non- lawn native and drought tolerant plantings typically require no extra fertilizing at all. (d) Weed control - As further specified in the Declaration, noxious weeds pose a serious threat to the environment, and Lot Owners should familiarize themselves with, and shall control them, on their Lot. Given The Nest Subdivision’s neighborhood and adjacent wetlands, non-chemical solutions as outlined above along with alternative treatments should be employed. Under no circumstance should noxious weeds be allowed to flourish or go past the flowering stage and into the seed stage. Weed control is required on both developed and vacant Lots and will be enforced in accordance with the Declaration. (e) Vegetation Removal  No landscaping in the right-of-way, parks, open spaces and common areas may be removed without prior permission from the ARC. Chapter 6: Amendments Amendments to Design Manual may only be made as set forth in the Declaration. No Improvements that were approved and installed in accordance with the Design Manual in effect at the time of such installation shall be required to be changed because such standards are thereafter amended. 12 Chapter 7: Definitions The words and terms used in this Design Manual shall have the same meaning as set forth in the Declaration; or if no definition is set forth, they shall have the customary dictionary definitions. 13 APPENDIX A PUD 1– THE NEST UNIT DEVELOPMENT (PUD) ZONING DISTRICT Per the approved relaxations identified and listed in Chapter 3 the following provisions apply to the Nest. Sec. 1 – Porch Encroachment A. Porches may encroach 5’ into the yards facing common open space or woonerf. This applies to 38 of the condominium units (84% of the total). Sec. 2 – Minimum Distance Between Accesses. A. Woonerf access separation at Durston Road from Rosa Way is not required to meet the minimum standard. Sec. 3 – Alternate Alley Section – Woonerf A. Alley modifications have been approved to create the Woonerf at The Nest. Sec. 4 – Minimum Wetland Setbacks – encroachment into wetland A. A portion of the concrete sidewalk on the NW portion of the neighborhood, adjacent to the Westbrook Open Space and Wetland is permitted to encroach into Zone 2 of the setback. (1) 565 linear feet will be sited within Zone 2, adjacent to Lot 1 of Block 1 14 Exhibit 1 The Nest Subdivision Neighborhood Map The following Exhibit illustrates The Nest Subdivision, Lot and Block Designations, areas of Right of Way, Common Open Space, Wetlands, Trails and other improvements. 15 Exhibit 2 The Nest Subdivision Fencing Locations The following Exhibit illustrates where fences are allowed within The Nest Subdivision.