HomeMy WebLinkAbout4 Preapp CommentsThe Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
Pre-Application and Concept PUD
Review Comments
Review comments and discussion items from the Pre-Application and the Concept PUD are
included in this section. Responses to comments, as necessary, are also included:
Department of Community Development:
1. No waivers have been granted to the supplemental information under Section 38.41.060,
BMC. Please make sure to address all other applicable supplemental information as set
forth in Section 38.41.060, BMC with a formal application.
Response: All required supplemental information is included in the Preliminary Plat
Application materials.
2. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC)
and the Uniform Standards for Final Subdivision Plats 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 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 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 BMC or State law.
Response: This is the Preliminary Plat stage of review. The Final Plat will meet all
requirements. Please note that interim record drawings for water and sewer
infrastructure will be submitted to the City Engineer prior to Final Plat approval and
per the concurrent construction plan (see Section 14). Final record drawings will be
submitted to the City Engineer following completion of all improvements. A financial
guarantee will be in place as noted in Section 14 as well.
3. All common open space lots shall be clearly designated on the plat with sequential
incriminators such as Common Open Space A, Common Open Space B, etc. All references
within covenants, application materials, etc shall clearly refer to the identified spaces.
Each common open space shall have a legal description and will be required to be
transferred to the property owners’ association via quit claim deed with the final plat.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
Response: See Preliminary Plat drawings. All common open spaces are designated
with letters. The owners/applicants understand the policy regarding transfer of
ownership with the Final Plat.
4. All City Parkland lots shall be clearly designated on the plat with Sequential incriminators
such a City Park 1, City Park 2, etc. All references within covenants application materials,
etc shall clearly refer to the identified spaces. Each park lot shall have a legal description
and will be required to be transferred to the City of Bozeman via a warranty deed with the
final plat.
Response: See Preliminary Plat drawings. One area of park is being designated and
is labeled as required. The owners/applicants understand the policy regarding
transfer of ownership with the Final Plat.
5. 38.08.080 “Minimum Density” – Please include with the preliminary plat explicit
calculations to demonstrate how this requirement has been met.
Response: Required density calculations are included in the Preliminary PUD
submittal materials under Tab 1, in Section 1h under “Residential Development” (1).
6. 38.23.040.B “Block Length” –With the Preliminary Plat please provide a narrative showing
how the design meets this code provision or the allowance for exceeding the distance
finding that the existing conditions limit the orientation and design of the proposed blocks.
Response: A relaxation is requested from this section. See the list of requested
relaxations in Section 9 of the Preliminary Plat and right after the narrative in the
Preliminary PUD. The list includes justification for the relaxation.
7. 38.23.040.C “Block Width” –With the Preliminary Plat please provide a narrative showing
how the design meets this code provision or the allowance for exceeding the distance
finding that the existing conditions limit the orientation and design of the proposed blocks.
Response: A relaxation is requested from this section. See the list of requested
relaxations in Section 9 of the Preliminary Plat and right after the narrative in the
Preliminary PUD. The list includes justification for the relaxation.
8. 38.23.040.E – Block numbers are required.
Response: The proposed lot and phase layout follows the same format as the rest of
the Valley West project. Block numbers are not used in the platting which works
better for the pocket neighborhood concept. If the City requires block numbers, we
can change the Final Plat to meet this requirement. See relaxation #5.
9. 38.23.040 – Pedestrian right-of-way used to meet block length standards must be at least 30
feet wide or the adjacent lots must provide 15 foot yards adjacent to the right of way.
Pedestrian facilities within the right-of-ways are required as a concrete sidewalk.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
Response: Pedestrian right-of-way common open space corridors used to break
longer blocks are at least 30 feet wide. Where these paths provide a primary access to
a lot served by a woonerf, they are proposed as concrete. South of Westmorland
Drive, a relaxation is requested to allow these paths to be fines for trail continuity.
This is listed under the requested relaxations under #6.
10. Connectivity of park lands to adjacent park areas within and adjacent to the proposed
development are very important. Please provide a specific connectivity plan drawing and
description depicting the adjacent and internal parks and the character of the connections
being provided, e.g. trail, sidewalk, and how those will be installed and maintained.
Response: In Section 4 of the Preliminary PUD submittal materials and in Section 28
of the Preliminary Plat, please find an exhibit titled “Road Section Index” (Figure 1).
In the Parks Plan, please find the exhibit entitled “Offsite Trail Improvements” (Sheet
SD2). These exhibits clearly show connectivity both within the proposed subdivision
as well as offsite. Surfacing is noted on these drawings. Maintenance is addressed in
the Parks Plan as well as in Section 11 of the Preliminary Plat submittal materials.
11. Any preliminary plat submittal shall clearly describe how parkland is being provided; what
improvements are being constructed, address how maintenance is being implemented and
who is responsible, and include the anticipated parkland improvements with the future
phases of the subject property, if applicable.
Response: Again, no parkland is required as part of this subdivision. As clearly noted
in 1h “Parkland Exhibit” in the Preliminary PUD submittal materials, with an
anticipated total Valley West build out of 917 units (617 in Phases 1-3 and 300 in The
Lakes), a total of 27.51 acres of parkland is required (917 x 0.03 = 27.51 acres). With
the additional parkland added to Bronken Park/Baxter Creek Natural Area, Valley
West will have 67.44 total acres of parkland. Some of the extra parkland goes toward
meeting the PUD points as shown in the table at the bottom of the Parkland Exhibit;
however even accounting for these PUD points, there is still excess park and open
space for the neighborhood. Calculations per phase are not necessary because The
Lakes at Valley West is already starting with a parkland credit. Improvements and
maintenance are covered in Section 11 of the Preliminary Plat and in the Parks Plan.
12. The preliminary plat submittal shall discuss irrigation methods for all open space areas and
City parkland. Source of water, irrigation amount [the rest of this condition was not
included in the memo].
Response: Please refer to the Parks Plan for detailed information regarding seed
mixes and irrigation. The Parks Plan is located in both the Preliminary Plat and
Preliminary PUD submittal materials.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
13. Before construction of any park improvements may occur all required regulatory permits
shall be in hand and the contractors shall have conducted a pre-construction conference
with the City of Bozeman Parks Department.
Response: The owners/applicants understand and agree to this requirement.
14. 38.27.020 “Park Area and Open Space Requirements” - Based on the proposed residential
lots being created for the purposes of single household detached and attached dwellings,
0.03 acres per dwelling or 1.71 acres of dedicated parkland or approximately acres of
parkland or equivalent are required to be provided with the preliminary plat with phases 1
and 2.
Response: Again, this subdivision is already starting with a parkland credit (see
response to #12 above). No additional parkland is required for Phases 1 and 2.
Parkland is being dedicated above and beyond the municipal and state requirements
because the developers want to make Bronken Park and the Baxter Creek Natural
Area complete.
15. 38.27.070 The plat does not specify the area of parkland proposed with Phase 1 in acres,
however, these areas include watercourse corridors, wetlands or lake surface which may
not count towards required parkland dedication. A specific calculation of required parkland
and how it is to be met shall be provided with the preliminary plat. This needs to include
calculations deducting non-qualified lands from the park area.
Response: Again, no additional parkland is required. 5.08 acres is being dedicated
with Phase 1. The rest of Bronken Park/Baxter Creek Natural Area will be dedicated
with future phases.
16. Section 38.27.060 requires that parkland have street frontage along 100 percent of its
perimeter. The City Commission can consider decreased frontage when necessary due to
topography, critical lands, the provision of pedestrian access, and the provision of parking.
However, park frontage can never be less than 50 percent. Calculations for off-setting land
area must be provided when there is less than 100% frontage. The applicant should provide
the calculation and allocations for parkland dedication with the preliminary plat
application.
Response: Bronken Park and the Baxter Creek Natural Area is already a dedicated
park with a large on-site parking lot located near the soccer fields. The additional
park being dedicated with the Lakes at Valley West is extra and increases the access,
street frontage and on-street parking with the addition of Westmorland Drive and
Laurel Parkway. Vaughn Drive, near the southern portion of the park, is part of a
future phase and includes six planned lots on the north side. Vaughn Drive cannot
continue to the east due to the presence of critical lands and needs to line up across
Laurel Parkway (a collector) to meet access separation requirements for public safety.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
Based on comments from the Pre-Application and Concept PUD, Vaughn Drive will
include an easement to the south to connect to the Norton project.
17. 38.24.040 A name for the local streets will need to be reviewed and approved by the City
Engineer’s Office and County GIS.
Response: Local streets will be reviewed and approved by the City Engineer’s Office
and the County GIS Department prior to Final Plat. The team would also like to
name the woonerfs.
18. 38.23.180 - Water rights or cash-in-lieu thereof, as calculated by the Director of Public
Works, is due with the final plat. This may be provided in phases as described in this
section.
Response: The owners/applicants understand and agree to this requirement.
19. 38.38 Supplemental documents
a. The first recorded phase of the subdivision shall recording of covenants include
the entirety of the subdivision as within the area of the covenants for the
responsibilities relating to maintenance of common areas including open space
and parkland. If the property is proposed to be annexed into the existing Valley
West master property owners’ association, a draft document proposing that action
shall be provided.
Response: See legal description at the end of the proposed covenants.
b. A copy of the draft covenants and property owners’ association documents will
need to be included with the preliminary plat application to address the
maintenance and upkeep of all common areas, boulevards, boulevard landscape,
parkland, etc.
Response: See proposed covenants.
c. The covenants shall include a section specifically identifying those land parcels to
be owned by the property owners association and a description of maintenance for
those parcels for which the property owners are responsible including any special
wetland mitigation requirements.
Response: See proposed covenants, Paragraph 11.5.
d. There shall be a section clearly identifying those portions of the covenants to
which the City is a party and which may not be changed without City approval.
Response: This section can be added to the final covenants after the City
identifies which specific covenants should be included.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
e. The documents shall include a clear schedule upon which the developer will
transition the control of the association to the association members. This will
include the means by which notification will be made and the timing in which the
transition will occur.
Response: See proposed covenants, Paragraph 1.19.
f. The property owners’ association documents shall include language stating the
minimum provisions for one-stall and two-stall vehicle garages as outlined by
Section 38.25.020.A, BMC.
Response: See proposed Design Manual, Chapter 6.1 (b).
g. Section 38.38.030 “Covenants” - Covenants, restrictions, and articles of
incorporation for the creation of a property owners’ association shall be submitted
with the final plat application for review and approval by the Planning Office and
shall contain, but not be limited to the following items: 1) the orientation and
setbacks for corner lots, 2) all additional setbacks required when lots are adjacent
to pathway corridors and minor arterial roads, 3) provisions for fences, 4)
provisions for snow removal, maintenance and upkeep of all common areas,
public and private parks, trails, storm water runoff facilities, 5) guidelines that
outline architectural and landscape requirements for each individual lot and/or
phase of the subdivision, including placement of boulevard trees at a regular
spacing for each residential lot, 6) provisions that outline the renewal of an annual
contract with a certified landscape nursery person for the upkeep and maintenance
of all parklands, common open space, trails, etc., 7) landscape details for
detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8)
mitigation of groundwater with established floor elevations and “no basement
restriction”, 9) architectural guidelines for residential character, porches,
fenestration treatment, placement of garages, boulevard trees, 10) noxious weed
control, 11) parking within residential structures, and 12) assessment of existing
and future Special Improvement Districts.
These documents shall be submitted to the city attorney and shall not be accepted
by the City until approved as to legal form and effect. A draft of these documents
must be submitted for review and approval by the Community Development
Department at least 30 working days prior to submitting a final plat application.
These documents shall be executed and submitted with the initial final plat to be
filed with the Gallatin County Clerk and Recorder at the time of final plat
recordation.
Response: See proposed covenants.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
20. 38.23.080 “Grading and Drainage” - Proposed storm water facilities must be constructed
and contained on an individual lot as a common area lot (s) owned and maintained by the
property owners’ association and noted accordingly on the plat and in the protective
covenants.
Response: All proposed storm water facilities are located in common open space that
will be owned and maintained by the property owner’s association.
21. 38.23.130 “Fences” –A coordinated perimeter fence style is suggested if proposed and shall
be installed as a subdivision improvement. If fences higher than 4 feet are permitted by the
covenants, the area above 4 feet should not be solid so as to provide visual access to the
outside.
Response: Fences are specified in Section 6.1(e) of the Design Manual. Only one type
of perimeter fence is permitted. This fence is not solid and will not exceed four feet in
height. Taller fences and screening are also permitted on designated portions of
specific lots.
22. 38.24.020. “Street and Road Dedication” – Street cross sections and rights of way need to
comply with the standards or be proposed as a PUD relaxation. The unusual existing cross
section for the modified alleys may approved provided a justification for the alternative is
provided with the preliminary plat and PUD applications. Please coordinate with City
Engineering.
Response: See Section 28 of the Preliminary Plat submittal materials and Section 4a-
d of the Preliminary PUD submittal materials.
23. 38.23.150.C “Lighting” – An SLID for all local subdivision streets may be created to
include all new subdivision lighting. The application for the creation of the SILD should be
made immediately following the approval of the preliminary plat. Any lighting other than
street lighting proposed should be provided as a separate open space or parkland lighting
plans distinct from the street lighting required in the street right of ways.
Response: See Section 36 of the Preliminary Plat submittal materials for the
proposed Lighting Plan. Also see Section 10 which includes the Design Manual.
Section 6.2(o) addresses future building mounted lighting for individual residences.
24. 38.26.070 “Landscaping of Public Lands” – Installation by the developer of vegetative
ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard
strips along all external perimeter development streets and adjacent to public parks or other
open space areas is required with the final plat application. Landscaping shall be installed
prior to the final plat or financially guaranteed. Landscaping plans shall be provided with
the preliminary plat.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
Response: Please refer to the Parks Plan which is included in Section 34 of the
Preliminary Plat submittal materials and at the end of the Preliminary PUD submittal
materials.
25. If any subdivision identification signs are proposed they must be on private property.
Subdivision identification signs are subject to 38.28.060.
Response: One sign is anticipated in the future southwest of the intersection of Laurel
Parkway and Durston Road. This sign will be incorporated in the landscaping located
in the 25 foot open space corridor. The owners/applicants understand that a sign
permit will be required.
26. Laurel Parkway shall be constructed in a three lane configuration per the transportation
plan for a collector street. Please coordinate with City Engineering for design and timing of
construction questions. The project is listed on the necessary documents to support impact
fee participation in project funding. An impact fee credit request would need to precede any
construction.
Response: The design team has and will continue to coordinate with City
Engineering. The proposed design of Laurel Parkway will be constructed in a three
lane collector configuration. See Section 28 of the Preliminary Plat submittal
materials and Section 4 of the Preliminary PUD submittal materials.
27. The final plat 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 lots designated
with letters (A, B, C, D, E, F, G and H examples). 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).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
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: _____________________________
Response: The Final Plat will include this certificate. The Preliminary Plat also
includes this Certificate.
STANDARD CODE PROVISIONS
1. Per Section 38.02.050 "Disposition of Water Rights” – The site has been irrigated and it
has been indicated that water rights are attached to the property. The disposition of the
water rights must be addressed. A related issue of municipal water rights, or cash-in-lieu
thereof, as calculated by the Director of Public Works, is due with the filing of each
subdivision final plat.
Response: It is understood that water rights will be due for this subdivision. We
will work with City Engineering to determine the Cash-in-Lieu of Water Rights,
which will be due as part of the Final Plat.
2. Per Section 38.21.060.C.2, BMC, a 25-foot front yard or corner side yard shall be
provided on all arterials designated in the city growth policy. Durston Road is designated
as arterial streets.
Response: A 25-foot open space buffer is shown along the entire perimeter of
Durston Road. Individual lots will have a range of setbacks from 5-10 feet. Please
refer to Exhibit C at the end of the Design Manual for detailed lot-by-lot setback
requirements.
3. Per Section 38.21.060.C.1, all buildings located on a corner lot shall provide a corner side
yard. Please ensure that all corner lots are large enough to provide an adequate building
envelope.
Response: Please refer to Exhibit C at the end of the Design Manual for detailed
lot-by-lot setback requirements. 15-foot corner side yards will be provided.
4. Per Section 38.08.040.A each lot must have a buildable lot area of at least 50% of the
minimum allowed lot size. This needs to be verified with the preliminary plat.
Response: Please refer to Exhibit C at the end of the Design Manual for detailed
lot-by-lot building footprint requirements. Depending on how this section is
interpreted, a relaxation may or may not be needed. If, for example, this section
requires 50 percent of the code minimum lot size of 5000 SF for a single household
dwelling, then some lots do have less than 2500 SF of building footprint and a
relaxation is needed (see Relaxation #3). If, however, this Section is referring to 50
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
percent maximum lot coverage for whatever minimum lot size is approved as part
of the PUD, then a relaxation is not necessary as the maximum lot coverage is 50
percent. Either way, this issue is addressed.
5. Per Section 38.23.030.D, corner lots shall have sufficient width to permit appropriate
building setbacks from both streets and provide acceptable visibility for traffic safety.
Further, homes on corner lots shall have the same orientation as homes on lots on the
interior of the block, unless otherwise approved through an overall development plan.
Covenants shall contain information regarding the orientation for all corner lots. The
preliminary plat shall indicate the orientation of all corner lots.
Response: Please refer to Exhibit C at the end of the Design Manual for detailed
lot-by-lot setback requirements. Note that the lots are part of pocket neighborhoods
and considered part of “an overall development plan,” therefore a relaxation is not
required.
6. Per Section 38.23.060, Utility easements shall be provided in accordance with the UDC.
The required 10-foot front yard easement is required for all lots unless written
confirmation is submitted with the preliminary plat from ALL utility companies
providing service indicating that front yard easements are not needed.
Response: Please see the Preliminary Plat which includes 10-foot front yard
easements.
7. Per Section 38.23.080.D “Grading and Drainage” - Proposed storm water facilities must
be constructed and contained on an individual lot as a common area(s) or parkland owned
and maintained by the property owners’ association and noted accordingly in the
protective covenants. Storm water facilities are subject to minimum landscaping
requirements.
Response: As previously noted, stormwater facilities are located in common open
spaces owned and maintained by the property owner’s association. No stormwater
facilities are located in the area proposed to be added to Bronken Park/Baxter
Springs Natural Area.
8. Per Section 38.23.120, if mail delivery will not be to each individual lot within the
development, the developer shall provide an off-street area for mail delivery within the
development in cooperation with the USPS. It shall not be the responsibility of the City
to maintain or plow any mail delivery area constructed within a City right-of-way.
Response: Mail will be coordinated with the USPS.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
9. Per Section 38.23.150.C “Lighting” – the SLID for all local subdivision streets may be
created to include all new lighting.
Response: An SILD will be created for all new lighting.
10. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a
person with experience in weed management and knowledgeable in weed identification.
A noxious weed management and revegetation plan, approved by the County Weed
Control District, shall be submitted with the preliminary plat.
Response: Please see Section 12 of the Preliminary Plat submittal materials for the
“Noxious Weed Management and Re-vegetation Plan.”
11. Section 38.39.030 Completion of Improvements. If it is the developer’s intent to file the
plat prior to the completion of all required improvements, an Improvements Agreement
shall be entered into with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of the cost of the remaining improvements. Non-
completion of required improvements may result in restriction on the issuance of building
permits.
Response: Concurrent construction is requested as part of the PUD. Please see
Section 14 of the Preliminary Plat submittal materials.
12. Section 38.39.030.B.2 Sidewalks. The final plat and property owners’ association
documents shall include language stating that “upon the third anniversary of the plat
recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days, said sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot.”
Response: This language is included in the Design Manual, Section 6.1(f) and on the
Preliminary Plat.
13. Section 38.24.050 – All sidewalks located along parks, common spaces, or otherwise not
adjacent to a private lot shall be installed prior to final plat or financially guaranteed.
Response: The owners/applicants understand and agree to this condition.
14. Section 38.41.50A.5 “Documents and Certificates” - A draft copy of the covenants,
restrictions, and articles of incorporation for the creation of a homeowners’ association
shall be submitted with the preliminary plat application for review and approval by the
Department of Community Development and shall contain, but not be limited to,
provisions for assessment, maintenance, repair and upkeep of private streets, common
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
open space areas, public parkland/open space corridors, mail delivery areas, stormwater
facilities, public trails, snow removal, and other areas common to the association
pursuant to Article 41 of the Bozeman Unified Development Code.
Response: See proposed covenants. Note that HOAs are not required to be
incorporated.
15. Section 38.41.060.A.13 requires that the preliminary plat application be accompanied by
a written statement from all relevant utility companies indicating that service can be
provided.
Response: Please see Section 40 of the Preliminary Plat submittal materials for
Agency Letters.
16. Section 38.41.160 - All materials outlined in 38.41.160 shall be submitted for any
variance to the Bozeman Municipal Code that is requested with the preliminary plat.
Response: Relaxations and access deviations are requested as noted. No variances
have been identified.
17. Section 38.41.060.A.16 describes the required contents of the Park Master Plan.
Response: Please see the proposed Park Master Plan located in Section 34 of the
Preliminary Plat submittal materials and at the end of the Preliminary PUD
submittal materials.
18. All preliminary plat requirements, as outlined in Article 41, shall be provided with the
preliminary plat submittal, unless otherwise approved by the Development Review
Committee via waiver.
Response: All preliminary plat requirements are included.
19. A complete preliminary plat application shall be submitted to the Planning Division
within one calendar year of the date the Planning Division dates, signs and places pre-
application comments in the outgoing mail.
Response: The Preliminary Plat has been submitted well within this timeframe.
20. All subdivision applications are reviewed against the Montana Subdivision and Platting
Act, Bozeman Municipal Code, the Bozeman Community Plan and all other land use and
facility plans and standards adopted by the City. The subdivision application will be
routed to all local utilities and agencies for review.
Response: The owners/applicants understand that the application will be routed to
all local utilities and agencies for review.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
Preliminary Plat Submittal Requirements:
• Section 38.41.010 “General” - The preliminary plat application will include the
necessary sets of the plans for all of the applicable information as outlined in Article 41,
BMC except for as detailed in the following:
o Twenty full sets of the application, plans and two digital versions on CD-ROM
(JPEG or PDF). Make sure the digital versions of all the supplement information
are separated into individual files not greater than 5 MB and not one large file.
o Two sets of the 20 full sets shall include full size drawings of the preliminary plat
and certificate page, landscape plans for open space corridor and external perimeter
streets, master utility plan, master stormwater facilities master plan, street lighting
plan, street profiles and all other applicable information and data necessary for a
complete review of the application. The remaining 18 sets may be reduced 11” by
17” copies.
o Twenty digital copies of all the drawings and supplemental information from the
original preliminary plat application shall be included in each packet or folder.
o The draft copy of covenants, restrictions and article of incorporation for the home
owners association, along with any landscape and building design guidelines may
also be included in the digital copies, with exception of five hard copies of the
documents for review by the Department of Community Development and DRC
members.
Response: 28 sets of the application materials were submitted as required.
Engineering:
1. Typical sections for the streets and should be provided with the preliminary plat
application.
Response: Typical sections for all streets and alleys (woonerfs) are included in
Section 28 of the Preliminary Plat submittal materials.
2. A traffic impact analysis will be required for the project.
Response: A Traffic Impact Study is included in Section 29 of the Preliminary Plat
submittal materials.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
3. The preliminary plat application should include a preliminary stormwater plan.
Response: A Grading and Drainage plan is included in Section 27 of the
Preliminary Plat submittal materials.
4. No direct access from will be allowed onto Durston from the lots fronting on them.
Response: A note has been placed on the Plat stating the above. See Section 15 and
16 of the Preliminary Plat submittal materials.
5. Road geometry should meet the criteria in the COB design standards unless a
deviation can be justified.
Response: The road geometry within Phases 1 and 2 meets the COB Design
Standards, with a couple exceptions. The exceptions and associated PUD relaxations
are included in Section 9.
6. Any alleys that contain public utilities (water and/or sewer) must have a minimum
of 30' wide right of way, and cannot contain any other utilities i.e. gas, electric, ect.
Response: All alleys (woonerfs) that contain water and sewer infrastructure have a
right of way of 32 feet. Private utilities (gas, elec, cable, fiber, etc.) will be located on
the adjacent lots within a 10 foot public utility easement. See Section 28 of the
Preliminary Plat submittal materials for the alley (woonerf) typical section and
Sections 15 and 16 for the public utility easement.
7. The sidewalk on Durston must be 6' wide and 6" thick.
Response: The sidewalks on Durston, as well as Laurel Parkway and along park
frontages will be 6 feet wide and 6 inches thick. Infrastructure plans will detail
these sidewalks following Preliminary Plat approval.
8. All street and alley intersections should meet the spacing criteria in section
38.24.090.D unless a deviation can be justified. The information required by
38.24.090.H must be submitted to support any spacing deviation request.
Response: All spacing criteria have been met except for Durston Road, between
Laurel Parkway and Westmorland Drive. The required separation distance for an
Arterial is 660 feet, per Table 38.24.090-3. Durston Road will have approximately
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
628 feet between Laurel Parkway and Westmorland (to back of curb). Critical
lands (wetlands within City of Bozeman Bronken Park) prevent the required
separation distance. Please refer to Section 9 of the Preliminary Plat submittal
materials for details on the PUD relaxation request.
9. The property owners will be responsible for a sewer surcharge for financing the
costs of operation and maintenance of the sewage lift station.
Response: It is understood that property owners within The Lakes at Valley West
will have a sewer surcharge for the operation and maintenance of the sewage lift
station. We will work with City Engineering and Finance to determine how best to
structure this.
10. Water rights will be due with the subdivision.
Response: It is understood that water rights will be due for this subdivision. We
will work with City Engineering to determine the Cash-in-Lieu of Water Rights,
which will be due as part of the Final Plat.
11. Any dead end street created by phasing that is over 1 lot deep will need to
have a temporary cul-de-sac installed on the end.
Response: A temporary cul-de-sac is shown at the western terminus of
Westmorland Drive (for Phase 2). A temporary 100 foot diameter public access
easement is shown on the Preliminary Plat at the western terminus of
Westmorland Drive. A gravel surface will be installed to a diameter of 67 feet to
provide a temporary turnaround for vehicles, including emergency vehicles.
Please see Sections 15 and 16 of the Preliminary Plat submittal materials.
12. Durston is classified as a minor arterial and requires a dedication of 50' of right of way
rather than the 45 ' shown in the typical sections.
Response: The Durston Road dedication, as shown on the Plat, is 50 feet. Please
see Sections 15 and 16 of the Preliminary Plat submittal materials.
13. Project phasing shall be clearly defined in the preliminary plat submittal including
installation of infrastructure. The water mains for all phases will need to be looped.
Response: The Preliminary Plat illustrates the phase lines. The concurrent
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
construction plan (Section 14) details the phasing of infrastructure. All water
mains are looped (Section 26 of the Preliminary Plat submittal materials).
14. The south half of Durston will need to be constructed to a minor arterial standard
(mirroring the north half) along the entire frontage of the subdivision. This will need to
include tapers meeting AASHTO standards to transition back to the existing roadway
width on the east and west.
Response: Durston will be designed to a minor arterial standard and will mirror
the north half adjacent to Laurel Glen. Tapers, as necessary, will be installed per
AASHTO standards.
15. All of the criteria in 38.39.030.D will need to be met to allow for concurrent
construction.
Response: Please refer to Section 14 of the Preliminary Plat submittal materials,
which covers concurrent construction.
16. In the woonerf and alley sections, all required clear distances between the City utilities
and right of way lines, gutters, trees, and other utilities will need to be maintained. As
currently shown, they don't appear to be meeting the requirement.
Response: Water and sanitary sewer mains will be installed a minimum two (2)
feet from the edge of the asphalt/concrete gutter per the City of Bozeman Design
Standards and Specifications Policy Section V.D.2.a and Section V.D.3.a. Private
utilities will be located within public utility easements on the lots as noted on the
Preliminary Plat (See Sections 15 and/or 16 of the Preliminary Plat submittal
materials) and shall have ten (10) feet of separation from the water and sanitary
sewer mains.
Landscaping and street lighting within the Woonerf rights-of-way will occur
within planter areas between designated parking areas and shall include typical
landscaping/street lighting elements; including grass, trees and pedestal style street
lighting. These planter areas function like a typical boulevard on a curvilinear
local street where water and sanitary sewer mains are located two (2) feet from the
edge of the asphalt/concrete gutter. All trees and street lights will be located a
minimum of ten (10) from all water and sanitary sewer service lines.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
17. Although no detail is provided as to future density, it appears to be problematic that
such a large area on the south side of the development is only provided access from a
single alley, and unlike the woonerf blocks, not surrounded by City streets.
Response: The east/west alley section between Westgate Avenue and Laurel
Parkway has been changed to a 60-foot local street section. The alley section to the
west of Westgate Avenue has been changed to a 32-foot woonerf section.
The Better Bozeman Project - Water Resources & Conservation:
1. A key component of the Integrated Water Resource Plan (IWRP), adopted in September
2013, is a proactive water conservation plan. The DRC requested additional information
about what water conservation measures are part of the overall project. The team
subsequently met with the City’s Water Conservation Specialist to discuss options and
recommendations in more detail.
Response: For parks and open space, drought tolerant species are specified where
appropriate. Four separate seed mixes encompass the park and open space areas
throughout the development. The seed mixes correspond with activity use levels
appropriate for the different types of ecosystems provided throughout the
development.
o Active park lands are a combination of Kentucky Bluegrass, Perennial
Ryegrass and Creeping Red Fescue. This irrigated mix utilizes
approximately 25 percent less water than a traditional bluegrass blend, but
the species respond well to heavy pedestrian traffic and provides the average
citizen with a typical expectation of a traditional park area.
o The Durston Road and Laurel Parkway open spaces and boulevards consist
of three types of fescue along with a Canada Bluegrass blend. While these
areas will be irrigated as well, the fescues provide about a 50 percent
reduction of water requirements, creating a quality greenbelt. These areas
will not receive as much pedestrian traffic, therefore, the fescues can be
mowed less often but still project a nice green space analysis.
o The upland open space and park lands consist of a four-blend wheatgrass
mix, along with brome and other species. This seed mix allows for a 100
percent reduction in water consumption, as it does not require irrigation.
This seed mix is in locations where minimal foot traffic is expected. In most
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
cases, these areas will not be mowed, although an annual mowing may be
performed for species diversity. The detention ponds will receive a seed mix
that survives with a periodic inundation of water and drought. Consisting of
wheatgrass, hairgrass, mannagrass and bluegrass species, this seed mix will
provide for herbaceous ground cover through multiple water events. This
seed mix also has a 100 percent reduction in water consumption, as it does
not require irrigation.
o In terms of individual lots, the Design Manual promotes Fescue-Blend Sod,
drought tolerant species, includes recommendations for efficient irrigation
systems, and references resources for xeriscaping.
Recreation & Parks Advisory Board:
1. The neighborhood center will be developed on the Park Lake with features consistent
with the architecture in Valley West Park. The structures in Valley West Park are “award
winning” features and continuing this design will bring continuity and excellent design.
Response: The neighborhood park center will be developed adjacent to the lake
using complementary materials and styles. Valley West has always taken a lot of
pride in their parks and this will be no exception.
2. A north/south trail along the west boundary will connect the paved trail in Norton with
Durston. It may have to shift to a gravel trail if it cannot be located outside the
watercourse setback to Aajker Creek. While we would prefer a consistent paved trail, this
is a very important connection which we strongly urge be made regardless of surface
material.
Response: The trail along the west boundary will be designed as a consistent 6 foot
gravel fines trail, consistent with other trails throughout Valley West.
3. We suggested to the applicant, and they agreed to a 6-foot gravel/fines trail along the
west end of Bronken Sports Fields. This will connect the proposed sidewalk along the
south side of Durston Road near the intersection with Rosa Way with the existing trail
system near the west end of Classical Way.
Response: An offsite gravel fines trail, 6 foot in width, will be designed along the
west end of Bronken Park Soccer fields in order to provide the suggested trail
connection to Durston Road. This connection is shown on the offsite trails exhibit
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
in the Parks Plan.
Wetlands Review Board Discussion Items:
1. The WRB expressed concern regarding several rear yards in Phase 3 (south of
Westmorland Drive) that were less than 50 feet from the West Lake wetland boundary.
Response: The curve of Westmorland Drive was changed to provide a slightly larger
buffer for these lots. The following language was added to the Design Manual – see
Section 6.3(g): “In careful consideration of the lakes and streams, homeowner’s that
border open spaces or parks with surface water (lakes, streams, wetlands) will only
be permitted to use non-chemical fertilizers / pesticide in required yard setbacks.
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.” Also, the design and location of the perimeter
lake and stream trails will provide a topographic buffer as well.
Design Review Board Main Discussion Items:
• Design Guidelines – Covenants and the Design Manual are provided in both the
Preliminary Plat and Preliminary PUD submittal materials. Appendix C of the
Design Manual includes very detailed lot-by-lot diagrams to clarify setbacks, lot
coverage, uses, and overall building envelopes for lot owners, builders, the Design
Review Panel as well as the City.
• Roundabouts – the Design Team explored roundabouts at the intersections of both
Laurel Parkway and Durston Road as well as Laurel Parkway and Westmorland
Drive. See Section 28 for a more detailed write-up in regards to roundabouts/traffic
circles at these intersections.
• Woonerfs – The ends of the woonerfs were shortened to avoid any deadends. The
woonerf in Phase 3 now includes a turnaround that meets all required turning
radiuses for garbage and fire trucks. Note that the Design Manual requires all
garage doors to be 20 feet from the property lines to ensure extra parking and that
no vehicles are encouraged to block any part of the right-of-way. Detailed studies
were completed and discussed with the Fire Department to ensure adequate access
for fire trucks, emergency services and delivery trucks. Maintenance is addressed in
detail under Section 11 of the Preliminary Plat submittal materials. Adequate snow
storage areas are also specifically designated. A separated pedestrian facility is
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
included in the woonerf section to provide more options for different types of users;
however, the underlying concept of the woonerf is that all types of uses can share the
drive aisle.
Planning Board Main Discussion Items:
• Design Guidelines – Covenants and the Design Manual are provided in both the
Preliminary Plat and Preliminary PUD submittal materials. Appendix C of the
Design Manual includes very detailed lot-by-lot diagrams to clarify setbacks, lot
coverage, uses, and overall building envelopes for lot owners, builders, the Design
Review Panel as well as the City.
• Fences – details regarding fences can be found in the Design Manual. No fences are
allowed in street facing yards. Four foot fences are allowed for yards facing open
spaces; however, the details are specifically outlined to provide continuity and visual
access.
• Woonerfs – The ends of the woonerfs were shortened to avoid any deadends. The
woonerf in Phase 3 now includes a turnaround that meets all required turning
radiuses for garbage and fire trucks. Note that the Design Manual requires all
garage doors to be 20 feet from the property lines to ensure extra parking and that
no vehicles are encouraged to block any part of the right-of-way. Detailed studies
were completed and discussed with the Fire Department to ensure adequate access
for fire trucks, emergency services and delivery trucks. Maintenance is addressed in
detail under Section 11 of the Preliminary Plat submittal materials. Adequate snow
storage areas are also specifically designated. A separated pedestrian facility is
included in the woonerf section to provide more options for different types of users;
however, the underlying concept of the woonerf is that all types of uses can share the
drive aisle.
• Relaxations – See the list of requested relaxations in Section 9 of the Preliminary
Plat and right after the narrative in the Preliminary PUD.
• Road Connectivity to the South - The cul-de-sac proposed in Phase 5 has been altered
to include additional right-of-way to allow a future connection to the Norton project
to the south. A temporary cul-de-sac will serve to provide a turnaround, park access
and on-street parking if the adjacent phase of the Norton project is not complete at
the time of Phase 5 Preliminary Plat. Note that the location of the connection was
carefully chosen to avoid wetlands to the south and to the east.
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
• Traffic – a Traffic Impact Study is included in Section 29 of the Preliminary Plat
submittal materials as required. This has been closely coordinated with other
ongoing traffic studies and the City Engineering Division.
• Construction Staging – Concurrent construction is planned for homes within the
Concurrent Construction Boundary as illustrated on the attached Concurrent
Construction Plan: Phase 1 and 2. The request is to allow building construction of
these dwellings prior to completion of the infrastructure improvements. Municipal
water distribution and sanitary sewer collection systems will be installed, tested, and
approved by the City to provide service to these lots prior to the start of building
construction. The City streets and alleys adjacent to the properties will be installed
to all weather gravel standards prior to the start of building construction.
Arrangements will be made with the providers of private utilities to ensure adequate
provisions are made to provide these services when they are needed. The required
improvements to be in place prior to the start of building construction are identified
on the Lakes at Valley West Concurrent Construction Plan: Phase 1 and 2. See
Section 14 of the Preliminary Plat submittal materials for additional information.
• Distance to Neighborhood Commercial – Valley West already has a commercial node
designated at the intersection of West Babcock Street and Cottonwood Road. The
existing and anticipated traffic on these roads make this area more appropriate and
attractive to commercial uses. With the trail extensions planned for Valley West in
addition to the trail that is required with the next phase of the church, this node will
be approximately a half mile walk or bike ride from the neighborhood center of The
Lakes at Valley West. Please refer to Section 35 in the Preliminary Plat submittal
materials and Section 1c in the Preliminary PUD submittal materials.
• Phasing – While the Preliminary Plat is only for Phases 1 and 2, general approval of
the overall neighborhood layout is requested as part of the Preliminary PUD
process. The applicants/owners and Design Team understand that adjustments to
the layout will be made as necessary as the project progresses.
City Commission Discussion Items:
• Road Connectivity to the South - The cul-de-sac proposed in Phase 5 has been altered
to include additional right-of-way to allow a future connection to the Norton project
to the south. A temporary cul-de-sac will serve to provide a turnaround, park access
and on-street parking if the adjacent phase of the Norton project is not complete at
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
the time of Phase 5 Preliminary Plat. Note that the location of the connection was
carefully chosen to avoid wetlands to the south and to the east.
• Roundabouts – the Design Team explored roundabouts at the intersections of both
Laurel Parkway and Durston Road as well as Laurel Parkway and Westmorland
Drive. See Section 28 for a more detailed write-up in regards to roundabouts/traffic
circles at these intersections.
• East/West Alley - The southern alley in Phases 6 and 7 have been changed to be a
local street with 60 feet of right-of-way. Also note that the western alley in Phases 7
and 8 was revised to be a woonerf with 32 feet or right-of-way.
• Woonerfs – The ends of the woonerfs were shortened to avoid any deadends. The
woonerf in Phase 3 now includes a turnaround that meets all required turning
radiuses for garbage and fire trucks. Note that the Design Manual requires all
garage doors to be 20 feet from the property lines to ensure extra parking and that
no vehicles are encouraged to block any part of the right-of-way. Detailed studies
were completed and discussed with the Fire Department to ensure adequate access
for fire trucks, emergency services and delivery trucks. Maintenance is addressed in
detail under Section 11 of the Preliminary Plat submittal materials. Adequate snow
storage areas are also specifically designated. A separated pedestrian facility is
included in the woonerf section to provide more options for different types of users;
however, the underlying concept of the woonerf is that all types of uses can share the
drive aisle.
• Fertilizing near the lakes - The curve of Westmorland Drive was changed to provide
a slightly larger buffer for lots that had rear yards in close proximity to the West
Lake. The following language was added to the Design Manual – see Section 6.3(g):
“In careful consideration of the lakes and streams, homeowner’s that border open
spaces or parks with surface water (lakes, streams, wetlands) will only be permitted
to use non-chemical fertilizers / pesticide in required yard setbacks. 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.” Also, the design and location of the perimeter lake and
stream trails will provide a topographic buffer as well.
• Phasing – While the Preliminary Plat is only for Phases 1 and 2, general approval of
the overall neighborhood layout is requested as part of the Preliminary PUD
The Lakes at Valley West Subdivision – Phases 1 and 2
Preliminary Plat and Preliminary PUD Application
process. The applicants/owners and Design Team understand that adjustments to
the layout will be made as necessary as the project progresses.
• Pedestrian Crossings for Westmorland Drive – Phase 1 now includes two curb bulbs
and crossings near the intersections of the woonerfs with Westmorland Drive to
provide better access to the park. Phases 2+ will have curb bulbs where the linear
trails cross this local street.