HomeMy WebLinkAbout9A PUD Relaxations
The Lakes at Valley West PUD Relaxations
Relaxations have always been an integral part of the Valley West PUD. Over the years, many of
the original relaxations proved successful enough to become incorporated into the Unified
Development Code (UDC).
The chart below provides a summary list of relaxations from specific code sections. The
following pages contain Article-PUD1 which is proposed to replace Article 8 “Residential Zoning
Districts” from the UDC. Finally, the last pages highlight, describe and justify the specific
sections of the UDC where relaxations are requested. Additional notes in this section help to
cross-reference and explain other parts of the PUD where more stringent requirements apply.
Summary List of Relaxations
Relaxation # Code Section Summary of Section
#1 38.08.010.A.2 Intent of R-1 District
#2 38.08.020 Authorized Uses in R-1
#3 38.08.030.A.2 Lot Coverage and Floor Area
#4 38.08.040.A Minimum Lot Area
#5 38.08.040.B Minimum Lot Width
#6 38.08.050.A Yards
#7 38.08.060 Building Height
#8 38.22.030 R-1 Accessory Dwelling Units (ADUs)
#9 38.23.040.B Block Length
#10 38.23.040.C Block Width
#11 38.23.040.D.3 Pedestrian Walk Surface
#12 38.23.040.E 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
Additional Notes:
· A relaxation is not necessary from Section 38.23.030.D.1 because it has built in flexibility with an “approved
development plan.” The Design Manual includes information regarding lot orientation.
· Though not a PUD relaxation, note that an Engineering access separation relaxation is formally requested from
Table 38.24.090-3. Durston Road will have approximately 628 feet between Laurel Parkway and Westmorland
Drive (to back of curb) which is slightly less than the minimum of 660 feet. Please refer to the Preliminary Plat
for additional information.
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Article 8 Replacement Language
The following Article-PUD1 is proposed to replace Article 8 “Residential Zoning Districts” from the UDC.
ARTICLE 8 - PUD1 – THE LAKES AT VALLEY WEST PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT
Sec. 1 - Intent and purpose.
A. The intent and purpose of the Lakes at Valley West Planned Unit Development (PUD) Residential
Zoning District is to set forth certain standards for development within the PUD that vary from the
Unified Development Code (UDC) typical residential zoning districts. Other relaxations from the UDC
are detailed in the PUD application and are related to subdivision design. This District applies to all
lots within The Lakes at Valley West. Future changes to the R-1 zone in UDC do not impact the subject
properties.
1. The intent of the Lakes at Valley West residential density district is to provide for a variety of small
lots for lower intensity single, two and three household residential development and related uses
(including accessory dwelling units) within the city at urban densities in a master planned area 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. It should provide for a variety of housing types to
serve the varied needs of households of different size, age and character.
2. In exchange for relaxations, strict design standards have been established in The Lakes at Valley
West Design Manual which is administered by The Lakes at Valley West Design Review Panel. Many
of these standards are more stringent than the requirements of the UDC.
Sec. 2 - Authorized uses.
A. Uses are depicted in the table below. Appendix C in the Design Manual designates which lots are
allowed which uses. Principal uses are indicated with a "P," conditional uses are indicated with a "C,"
accessory uses are indicated with an "A" and uses which are not permitted with the district are
indicated by a "-." “C” uses require a Conditional Use Permit from the City of Bozeman but must receive
approval from The Lakes at Valley West Design Review Panel prior to submitting any applications to
the City.
B. Note that additional uses for telecommunication uses are contained in the UDC.
C. The uses listed are deliberately broad and some are given special definitions in the UDC. The intent
of this method is to provide general guidance for uses while allowing the unique needs and
circumstances of each proposal to be specifically addressed through the review process. Some uses
are the subject of special regulations contained in the UDC.
Table of Residential Uses for The Lakes at Valley
West PUD
Type of Use
Accessory dwelling units1 P (only on specifically designated lots in Appendix C)
Community centers C
Community residential facilities with eight or
fewer residents
P
Cooperative housing C
Day care centers C
Essential services Type I A
Essential services Type II P
2
Essential services Type III C
Family day care home P
Fences A
Greenhouses A
Group day care home C
Group living2 P
Guesthouses A
Home-based businesses3 A/C
Other buildings and structures typically accessory
to authorized uses
A
Private garages A
Private or jointly owned recreational facilities A
Private stormwater control facilities A
Public and private parks and park improvements P
Manufactured homes on permanent foundations4 P
Single-household dwelling P
Temporary buildings and yards incidental to
construction work
A
Temporary sales and office buildings A
Three-household dwelling P (only on specifically designated lots in Appendix C)
Two-household dwelling P (only on specifically designated lots in Appendix C)
“Limited Two Household/Duplex” 5 P (only on specifically designated lots in Appendix C)
Townhouses (two or three attached townhomes) P (only on specifically designated lots in Appendix C)
Tool sheds for storage of domestic supplies A
Uses approved as part of the Lakes at Valley West
PUD
P
Notes:
1 Only one ADU per designed lot in Appendix C; one separated off-street parking space required for the
second unit; occupancy may not exceed two persons or one bedroom; living area limited to 600 SF.
2 Group living is subject to the requirements of the UDC.
3 Home-based businesses are subject to the terms and thresholds of the UDC.
4 Manufactured homes are subject to the standards of the UDC and must adhere to the architectural
standards established by The Lakes at Valley West Design Manual.
5 “Limited Two Household/Duplexes” (similar to attached ADUs) are allowed on designated lots in
Appendix C; one separated off-street parking space is required for the second unit; occupancy may
not exceed three persons or two bedrooms; living area is limited to one-third of the total square
footage of the main residence.
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Sec. 3 - Lot coverage and floor area.
A. Maximum lot coverage by principal and accessory buildings shall be:
1. Not more than 50 percent of the lot area
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by the
city's adopted International Building Code.
Sec. 4 - Lot area and width.
A. All lots shall have a minimum area as set forth in the table below and are cumulative. These minimums
assume a lack of development constraints.
Table of Minimum Lot Areas for The Lakes at Valley West PUD Minimum Lot Area (SF)
Single-household dwelling 2,500
Two-household dwelling (including “limited two-household/duplex”) 3,000
Three-household dwelling 4,000
Lot area per townhouse (including duplex townhomes and triplex
townhomes)
2,500
(2,000 for interior unit)
Additional area required for a detached accessory dwelling unit none
All other uses 5,000
B. All lots shall have a minimum width as set forth in the table below. These minimums assume a lack of
development constraints.
Table of Minimum Lot Widths for The Lakes at Valley West PUD Minimum Lot Width
Single-household dwelling 25
Two-household dwelling 25
Accessory dwelling unit none
Dwellings in three-household dwelling configurations 25
Townhouses 25
All other uses 50
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Sec. 5 - Yards.
A. Minimum yards required are:
1. Any yard facing a street: 15 feet; 20 feet for garage doors
2. Any yard facing a Woonerf: 15 feet; 20 feet for garage doors
3. Any yard facing open space: 10-20 feet (see Lot Exhibits in Appendix C)
3. Any side yard: 5-12 feet; or zero feet for interior walls of townhouses (see Lot Exhibits in Appendix C)
4. All vehicle entrances, oriented to the street or to a woonerf, into garages shall be no closer than
20 feet to a property line
B. Yard Encroachments:
1. Decks and patios must face only side yards and/or open spaces. Decks and patios may not extend
more than 40 percent feet into any required side setback.
Side Setback Deck/Patio Encroachment
5’ 2’
7’ 2’-9”
12’ 4’-9”
Sec. 6 - Building height.
Maximum building height for each residential district shall be as follows:
Table of Heights for The Lakes at Valley West Height (in feet)
Less than 3:12 34
3:12 or greater but less than 6:12 38
6:12 or greater but less than 9:12 42
Equal to or greater than 9:12 44
Sec. 7 - Residential garages.
A. Attached residential garages facing a street shall not obscure the entrance to the dwelling. Attached
garages are required to be clearly subordinate to the dwelling. A subordinate garage has two or more
of the following characteristics:
1. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
2. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of
the dwelling containing the main entry; and/or
3. The area of the garage vehicle door comprises 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal facade shall
include all wall areas parallel to the garage door.
B. Residential garages facing a woonerf are not required to meet the above criteria.
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Sec. 8 – Parking
A. Parking requirements in terms of the number and size of spaces are the same as the most current
version of the UDC.
B. Where a woonerf serves lots, access to garages and off-street parking shall be off of the woonerf. In
cases where a woonerf is not adjacent to a lot, accesses to garages are permitted to be off of the
street.
C. Driveways are encouraged to be shared wherever possible to minimize street cuts and maximize on-
street parking options.
D. All “required” parking spaces must meet the minimum dimensions established in the UDC.
E. Parking spaces shall not block sidewalks, woonerfs, driveways, accesses, pedestrian facilities or snow
removal/plowing.
F. The developer will provide parallel parking spaces along the woonerf in several designated locations.
Driveways must be located outside of these parking areas.
Sec. 9 - Minimum density.
A. New residential development shall provide a minimum net density of five dwellings per net acre. A
minimum is required to support efficiency in use of land and provision of municipal services, and to
advance the purposes and goals of this chapter and the City’s adopted growth policy. Density may be
achieved by averaging lot sizes over the entire Lakes at Valley West PUD area. For example, one
phase or area may be less than five units per net acre while another may be greater than five units
per net acre as long as the average is at least five units per net acre.
Sec. 10 – Architectural, Additional Site and Landscape Requirements
A. The Lakes at Valley West Design Manual includes additional site, architectural and landscape
requirements that are all subject to review and approval by The Lakes at Valley West Design Review
Panel. Appendix C of the Design Manual contains detailed lot exhibits that provide specific information
per lot regarding uses, setbacks, etc.
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Relaxation Notes in UDC
The following notes highlight, describe and justify the specific sections of the UDC where
relaxations are requested. Additional notes help to cross-reference and explain other parts of
the PUD where more stringent requirements apply.
ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS
Sec. 38.08.010. - Intent and purpose.
A. The intent and purpose of the residential zoning districts is to establish areas within the city that are
primarily residential in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one residential district is to provide opportunities for a
variety of housing types and arrangements within the community while providing a basic level of
predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this chapter are met and any applicable conditions
of approval have been satisfied. Additional requirements for development apply within overlay districts.
All development is subject to section 38.01.050. Residential density is correlated with many community
goals and objectives that are contained in the city's adopted growth policy, as well as many standards
and purposes of this chapter. Section 38.08.090 sets standards for minimum densities in residential
districts which will advance these goals, objectives, and purposes.
1. The intent and purpose of the R-S residential suburban district is to allow open space, resource
protection and primarily single-household development in circumstances where environmental
constraints limit the desirable density. All new subdivision and site plan developments in this
district shall be subject to the provisions of article 20 of this chapter, pertaining to planned unit
development, and shall be developed in compliance with the adopted city growth policy.
2. 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.
3. The intent of the R-2 residential two-household medium density district is to provide for one- and
two-household residential development at urban densities within the city in areas that present few
or no development constraints, and for community facilities to serve such development while
respecting the residential quality and nature of the area.
4. The intent of the R-3 residential medium density district is to provide for the development of one-
to five-household residential structures near service facilities within the city. It should provide for
a variety of housing types to serve the varied needs of households of different size, age and
character, while reducing the adverse effect of nonresidential uses.
5. The intent of the R-4 residential high density district is to provide for high-density residential
development through a variety of housing types within the city with associated service functions.
This will provide for a variety of compatible housing types to serve the varying needs of the
community's residents. Although some office use is permitted, it shall remain as a secondary use
to residential development. Secondary status shall be as measured by percentage of total building
area.
6. The intent of the R-O residential-office district is to provide for and encourage the development
of multihousehold and apartment development and compatible professional offices and
businesses that would blend well with adjacent land uses. The primary use of a lot, as measured
by building area, permitted in the R-O district is determined by the underlying growth policy land
use designation. Where the district lies over a residential growth policy designation the primary
use shall be non-office uses; where the district lies over a nonresidential designation the primary
Commented [SR1]: Many relaxations are requested from
Article 8. As suggested by Planning Staff, a replacement
section (see Article –PUD-1) is requested. Notes regarding
specific sections are included for comparison below.
Commented [SR2]: Relaxation #1: 38.08.010.A.2: The
Lakes at Valley West would like to allow a broader mix of
housing types including duplex and triplex townhomes and
condominiums and as well attached and detached
Accessory Dwelling Units. The Lot Exhibits found at the end
of Exhibit C specify allowed uses per lot.
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use shall be office and other nonresidential uses. Primary use shall be measured by percentage
of building floor area.
7. The intent of the RMH residential manufactured home community district is to provide for
manufactured home community development and directly related complementary uses within the
city at a density and character compatible with adjacent development. The district is intended to
be residential in character and consistent with the standards for other forms of residential
development permitted by this chapter.
(Ord. No. 1645, § 18.16.010, 8-15-2005; Ord. No. 1693, § 4(18.16.010), 2-20-2007; Ord. No. 1709, §
2(18.16.010), 7-16-2007; Ord. No. 1761, exh. A(18.16.010), 7-6-2009; Ord. No. 1769, exh.
E(18.16.010), 12-28-2009)
Sec. 38.08.020. - Authorized uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of this section.
Principal uses are indicated with a "P," conditional uses are indicated with a "C," accessory uses are
indicated with an "A" and uses which are not permitted with the district are indicated by a "-."
B. Additional uses for telecommunication uses are contained in article 29 of this chapter.
C. The uses listed are deliberately broad and some are given special definitions in article 42 of this
chapter. The intent of this method is to provide general guidance for uses while allowing the unique
needs and circumstances of each proposal to be specifically addressed through the review process.
Some uses are the subject of special regulations contained in article 22 of this chapter.
Table 38.08.020
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units8, 9 C C P P P P —
Agricultural uses on 2.5 acres or more2 P — — — — — —
Agricultural uses on less than 2.5 acres2 C — — — — — —
Apartments/apartment building, as defined in article 42 of this
chapter
— — — — P P —
Bed and breakfast C C C C P P —
Commercial stable C — — — — — —
Community centers C C C C C P C
Commented [SR3]: Relaxation #2: 38.08.020: The PUD
has specific designated lots that would allow duplexes,
triplexes and ADUs. The Lot Exhibits found at the end of
Exhibit C specify allowed uses per lot.
Commented [SR4]: Note: The PUD has specific
designated lots that would allow ADUs as a principal use
rather than a conditional use. The Lot Exhibits found at the
end of Exhibit C specify which lots would be permitted to
have ADUs.
8
Community residential facilities with eight or fewer residents P P P P P P P
Community residential facilities serving nine or more residents — — — C P P —
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services Type I A A A A A A A
Essential services Type II P P P P P P P
Essential services Type III C10 C10 C10 C10 C10 C10 C10
Extended stay lodgings C C C P P P —
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses — — — C P P —
Golf courses C C C — — — C
Greenhouses A A A A A A —
Group day care home P P P P P P P
Group living P P P P P P P
Guesthouses A A A A A A —
Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodginghouses — — — C P P —
Offices — — — — C3 P —
Other buildings and structures typically accessory to authorized
uses
A A A A A A A
9
Private garages A A A A A A A
Private or jointly owned recreational facilities A A A A A A A
Private stormwater control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on permanent foundations1 P P P P P P P
Manufactured home communities — — — — — — P
Medical offices, clinics, and centers — — — — C P —
Recreational vehicle parks C — — — — — P
Signs, subject to article 28 of this chapter A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards incidental to construction work A A A A A A A
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling — — — P P P —
Two-household dwelling — — P P P P —
Townhouses (two attached units) P7 P7 P P P P P7
Townhouses (five attached units or less) — — — P6 P P —
Townhouses (more than five attached units) — — — — P P —
Tool sheds for storage of domestic supplies A A A A A A A
Uses approved as part of a PUD per article 20 of this chapter C C C C C C C
Commented [SR5]: Note: The PUD includes a mix of
housing types including duplexes and triplexes. The Lot
Exhibits found at the end of Exhibit C specify allowed uses
per lot.
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Veterinary uses C — — — — — —
Notes:
1Manufactured homes are subject to the standards of section 38.22.130.
2Agricultural uses include barns and animal shelters, and the keeping of animals and fowl, together with
their dependent young, as hereinafter set forth per 2.5 acres: one horse or one cow; two sheep or
two goats; ten rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese,
turkeys, etc.). For larger parcels the review authority may determine that a larger number of livestock
is consistent with the requirements of this section.
3Only when in conjunction with dwellings.
4Storage for more than three recreational vehicles or boats.
5Home-based businesses are subject to the terms and thresholds of section 38.22.110.
6In the R-3 district, townhouse groups shall not exceed 120 feet in total width.
7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements
of chapter 10, article 8, Affordable Housing. May only be utilized in developments subject to chapter
10, article 8.
8Not permitted on reduced size lots for work force housing as described in chapter 10, article 8.
9Accessory dwelling units in the RS and R1 districts shall be permitted to be placed above garages only in
subdivisions receiving preliminary plat approval after January 1, 1997.
10Only allowed when service may not be provided from an alternative site or a less intensive installation or
set of installations.
(Ord. No. 1645, § 18.16.020, 8-15-2005; Ord. No. 1693, § 4(18.16.020), 2-20-2007; Ord. No. 1709, §
2(18.16.020), 7-16-2007; Ord. No. 1761, exh. A (18.16.020), 7-6-2009; Ord. No. 1769, exh.
E(18.16.020), 12-28-2009; Ord. No. 1828, § 9, 9-10-2012; Ord. No. 1838, §§ 1, 2, 9-10-2012; Ord.
No. 1830, § 6, 9-24-2012; Ord. No. 1893, § 5, 8-11-2014 )
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Sec. 38.08.030. - Lot coverage and floor area.
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review procedures set
forth in article 20 of this chapter, in compliance with the adopted city growth policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall be covered
by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-l, R-2, R-3 and RMH districts for all uses except
townhouses.
3. Not more than 50 percent of the lot area in the R-1, R-2, R-3, and RMH districts for townhouses.
4. Not more than 50 percent in the R-4 district.
5. Not more than 50 percent for residential uses or 60 percent for nonresidential or mixed uses in
the R-O district.
6. In all residential zoning districts for those lots used to satisfy the requirements of chapter 10,
article 8, not more than 60 percent of the lot area shall be covered by principal and accessory
buildings. When a larger lot has a portion of its total dwellings subject to the requirements of
chapter 10, article 8, either directly or inherited from a previous subdivision, the portion used for
those dwellings may have up to 60 percent of the lot area covered by principal and accessory
buildings.
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by the
city's adopted International Building Code.
C. The total floor area of the dwelling built on a lot which was subject to the provisions of Ordinance 1604
(Exhibit A) (Code 1982, § 18.42.180), (excluding area used for a garage) shall not exceed a floor area
ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the house can not
exceed 1,515, or a ratio of one square foot of floor area for each 3.3 square feet of lot area.
(Ord. No. 1645, § 18.16.030, 8-15-2005; Ord. No. 1693, § 4(18.16.030), 2-20-2007 Ord. No. 1709, §
2(18.16.030), 7-16-2007; Ord. No. 1761, exh. A (18.16.030), 7-6-2009; Ord. No. 1769, exh.
E(18.16.030), 12-28-2009; Ord. No. 1830, § 7, 9-24-2012)
Sec. 38.08.040. - Lot area and width.
A. All lots shall have a minimum area as set forth in Table 38.08.040-1 below and are cumulative.
These minimums assume a lack of development constraints. Each lot must have a usable lot area
of at least 50 percent of the total minimum lot area:
Commented [SR6]: Relaxation #3: 38.08.030.A.2: The
pocket neighborhood concept includes smaller lots with
shared woonerfs and open spaces. This requires relaxing lot
coverage up to 50 percent for all permitted uses.
Commented [SR7]: Note: To clarify, while lot coverage
will not exceed 50 percent of the lot areas, due to the
request for smaller lot areas, several lots will have a usable
lot area less than 50 percent of the UDC minimum standard
required lot areas, of which a relaxation is requested.
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Table 38.08.040-1
Lot Area Table
Minimum Lot Area in Square Feet1
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See
subsection C
of this section
5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Single-household dwelling (only for
dwellings to satisfy minimum
requirements of chapter 10, article 8)7
2,7008 2,7008 2,7008 2,7008 2,7008 2,7008 2,7008
Two-household dwelling - - 6,000 6,000 6,000 6,000 -
Two-household dwelling (only for
dwellings to satisfy minimum
requirements of chapter 10, article 8)7
- - 2,500 2,500 2,500 2,500 -
Lot area per dwelling in three- or four-
household dwelling configurations
- - - 3,000 3,000 3,000 -
Lot area per dwelling in three- or four-
household dwelling configurations (only
for dwellings to satisfy minimum
requirements of chapter 10, article 8)7
- - - 2,500 2,500 2,500 -
Townhouses - - 3,0006 3,0002 3,0002 3,0002 -
Townhouses (only for dwellings to
satisfy minimum requirements of
chapter 10, article 8)7
2,500 2,500 2,500 2,500 2,500 2,500 2,500
Apartments - first dwelling - - - - 5,000 5,000 -
Apartments - each dwelling after the
first
- - - - 1,200 1,200 -
Commented [SR8]: Relaxation #4: 38.08.040.A:
Lot areas are proposed to range from 2173 SF (middle
triplex townhome Lot 10, Phase 2) to 6551 SF (single
household dwelling with ADU Lot 19, Phase 1).
No additional lot area is required for lots specifically
designated for ADUs according to Exhibit C at the end of the
end of the Design Manual.
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Apartments - each dwelling after the
first (only for dwellings to satisfy
minimum requirements of chapter 10,
article 8)7
- - - - 900 900 -
Additional area required for an
accessory dwelling unit3
1,0004 1,000 1,0005 1,0005 1,0005 1,0005 -
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Notes:
1In order to comply with the standards contained in this chapter, lot area in excess of the required
minimum may be needed; for example for corner lots, parking, landscaping or large residential
structures, and may be necessary for property adjacent to watercourses, ridgelines, or other
environmental features in order to provide an appropriate buildable area on the lot.
2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be
3,000 square feet.
3As defined in article 42 of this chapter and subject to the requirements of article 22 of this chapter.
4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the
principal use. Dwellings to be developed under this option are subject to section 38.22.030.
6Per townhouse lot.
7May only be utilized in developments subject to chapter 10, article 8.
8A larger lot size may be required to comply with the requirements of section 10.08.060, Table 10.08.060,
Mix and Price of Dwelling Units
B. All lots shall have a minimum width as set forth in Table 38.08.040-2. These minimums assume a
lack of development constraints.
Commented [SR9]: Note: again, different ADU standards
are proposed as part of the PUD. This is covered under
Relaxation #8.
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Table 38.08.040-2
Lot Width Table
Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See
subsection C
of this section
50/402 50/402 50/402 50/402 50/402 50/402
Single-household dwelling
(only for dwellings to satisfy
requirements of chapter 10,
article 8)
See
subsection C
of this section
30 30 30 30 30 30
Two household dwelling - - 60/502 60/502 50/502 50/502 -
Accessory dwelling unit1 50 50/402 60/502 60/502 60/502 60/502 -
Dwellings in three- or four-
household dwelling
configurations
- - - 60 60 60 -
Townhouses 30 30 30 Width of
interior
units
Width of
interior
units
Width of
interior
units
-
All other uses See
subsection C
of this section
50 50 50 50 50 50
Notes:
1 Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width shall be provided as if the dwelling were attached to the
principal use. Dwellings to be developed under this option are subject to 38.22.030.
2 When the lot is adjacent to an alley and vehicle access is taken only from that alley.
_____
Commented [SR10]: Relaxation #5: 38.08.040.B: The
PUD proposes lot widths as small as 25 feet for a variety of
the designated uses.
15
C. Lot area and width for R-S residential suburban lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the PUD
review procedures set forth in article 20 of this chapter and in compliance with the adopted city
growth policy. Unless otherwise approved through the planned unit development process, the
average lot size shall be one acre.
2. Existing lots in the R-S district not utilizing a community water and/or sewer system shall be
considered nonconforming lots if less than one acre in area and/or 100 feet in width and subject
to article 35 of this chapter. Existing lots in the R-S district utilizing a community water and/or
sewer system shall be considered nonconforming lots if less than one-half acre in area and/or
100 feet in width and subject to article 32 of this chapter.
D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount of a
bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in
section 38.20.090.E.2.b(6).
(Ord. No. 1645, § 18.16.040, 8-15-2005; Ord. No. 1693, § 4(18.16.040), 2-20-2007; Ord. No. 1709, §
2(18.16.040), 7-16-2007; Ord. No. 1761, exh. A (18.16.040), 7-6-2009; Ord. No. 1769, exh.
E(18.16.040), 12-28-2009; Ord. No. 1830, § 8, 9-24-2012)
Sec. 38.08.050. - Yards.
A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as designated in the city growth policy, 25 feet.
b. Adjacent to collector streets as designated in the city growth policy, 20 feet.
c. Adjacent to local streets, 15 feet.
2. Rear yard: 20 feet.
a. Adjacent to arterial streets as designated in the city growth policy, 25 feet.
3. Side yard: five feet; or zero feet for interior walls of townhouses.
4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a
property line, unless explicitly authorized otherwise under this chapter.
B. Minimum yards required for the R-S district are:
1. For lots created in the R-S district prior to the effective date of the ordinance from which this
section is derived:
a. Front yard - 35 feet.
b. Rear yard - 25 feet.
c. Side yard - 25 feet.
2. Minimum yard requirements for newly created R-S lots shall be determined through the PUD
review process.
3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100 feet from
any residence or public road and not less than 50 feet from any property line.
C. When a lot has one or more principal buildings which are oriented to place the functional rear of a
building adjacent to a side lot line a setback from the property line equal to that for a rear yard shall be
provided.
Commented [SR11]: Relaxation #6: 38.08.050.A: Some
lots adjacent to open space will only have a rear yard
setback of 10 feet. Other lots facing a woonerf will have a
setback of 15’. All garages (whether facing a street or
woonerf) must be setback at least 20 feet to provide a
parking space. No relaxations are requested to rear lot
coverage. See the Lot Exhibits in Appendix C of the Design
Manual.
Commented [SR12]: Note some side yard setbacks are
greater than five feet. Again, see the Lot Exhibits in
Appendix C of the Design Manual.
16
D. All yards are subject to the provisions of sections 38.16.060, 38.21.060, 38.23.100, 38.24.100 and
38.26.100
(Ord. No. 1645, § 18.16.050, 8-15-2005; Ord. No. 1693, § 4(18.16.050), 2-20-2007; Ord. No. 1709, §
2(18.16.050), 7-16-2007; Ord. No. 1761, exh. A (18.16.050), 7-6-2009; Ord. No. 1769, exh.
E(18.16.050), 12-28-2009)
Sec. 38.08.060. - Building height.
Maximum building height for each residential district shall be as follows:
Table 38.08.060
Residential Building Height Table
Roof Pitch in Feet Maximum Building Height in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Less than 3:12 24 24 24 32 34 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 42 32
Equal to or greater than 9:12 38 36 36 42 44 44 36
(Ord. No. 1645, § 18.16.060, 8-15-2005; Ord. No. 1693, § 4(18.16.060), 2-20-2007; Ord. No. 1709, §
2(18.16.060), 7-16-2007; Ord. No. 1761, exh. A (18.16.060), 7-6-2009; Ord. No. 1769, exh.
E(18.16.060), 12-28-2009)
_____
Sec. 38.08.070. - Residential garages.
A. Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are
required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the
following characteristics:
1. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
2. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of
the dwelling containing the main entry; and/or
Commented [SR13]: Relaxation #7: 38.08.060: The
allowed building heights are proposed to be the same as the
R-4 District.
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3. The area of the garage vehicle door comprises 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal facade shall
include all wall areas parallel to the garage door.
B. Alternative means of addressing the intent of this section will be considered. Detached garages are
encouraged when they are compatible with the existing neighborhood development pattern. Vehicular
garage access on nonprincipal facades and/or alleys is also encouraged.
(Ord. No. 1645, § 18.16.070, 8-15-2005; Ord. No. 1693, § 4(18.16.070), 2-20-2007; Ord. No. 1709, §
2(18.16.070), 7-16-2007; Ord. No. 1761, exh. A (18.16.070), 7-6-2009; Ord. No. 1769, exh.
E(18.16.070), 12-28-2009)
Sec. 38.08.080. - Minimum density.
A. New residential development shall provide a minimum net density. A minimum is required to support
efficiency in use of land and provision of municipal services, and to advance the purposes and goals
of this chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over
an entire development.
1. Minimum densities are:
a. R-S — None.
b. R-1, R-2, R-3, RMH — five dwellings per net acre.
c. R-4 — eight dwellings per net acre.
d. R-O — six dwellings per net acre when residences are the primary use of the land.
(Ord. No. 1769, exh. E(18.16.090), 12-28-2009; Ord. No. 1830, § 9, 9-24-2012)
Editor's note—
Ord. No. 1830, § 9, adopted Sept. 24, 2012, repealed § 30.08.080 and renumbered § 38.08.090 as
38.08.080 as set out herein. The former § 38.08.080 pertained to additional RMH district
performance standards and derived from Ord. No. 1645, § 18.16.080, adopted Aug. 15, 2005; Ord.
No. 1693, § 4(18.16.080), adopted Feb. 20, 2007; Ord. No. 1709, § 2(18.16.080), adopted July 16,
2007; Ord. No. 1761, exh. A (18.16.080), adopted July 6, 2009; and Ord. No. 1769, exh.
E(18.16.080), adopted Dec. 28, 2009.
Commented [SR14]: Note garages will access woonerfs
where possible. A 20-foot setback is required for all garages.
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Sec. 38.22.030. - Accessory dwelling units.
A. An owner or the owners of real property may establish and maintain an accessory dwelling unit, either
within a detached single-household dwelling or above a detached garage which is accessory to the
detached single-household dwelling, in the R-S or R-1 districts if all of the following conditions are met
and continue to be met during the life of the accessory dwelling unit:
1. The detached dwelling unit within which the accessory dwelling unit is located, or the accessory
dwelling unit itself, is actually and physically occupied as a principal residence by at least one
owner of record who possesses at least an estate for life or a 50 percent fee simple ownership
interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling,
may be rented by non-owners at the same time. The city may require a guarantee of compliance
with the requirements of this section, including but not limited to a binding deed restriction or
covenant enforcing the single rental restriction as allowed in section 38.39.080.B, as a condition
of approval;
2. In addition to the parking required for the principal residence, one paved off-street parking space
is provided for the exclusive use of the accessory dwelling unit. The parking provided shall be
located on the lot and may not utilize the on-street parking provisions of article 25 of this chapter;
3. The occupancy of the accessory dwelling unit does not exceed two persons;
4. Garages shall not be converted for use as accessory dwelling units. However, accessory dwelling
units shall be permitted to be placed above garages only in subdivisions receiving preliminary plat
approval after January 1, 1997;
5. No permit for an accessory dwelling unit shall be granted unless the lot has been configured to
accept an accessory dwelling unit with adequate lot area, utility services, and compliance with
setbacks and height standards;
6. In no case shall an accessory dwelling unit be larger than 800 square feet or have more than a
single bedroom. The method of calculating the maximum ADU square footage will be "living area"
defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height,
stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls,
hallways, closets, bathrooms, and any other living space shall be included in the maximum square
footage calculation;
7. Second story additions on detached garages shall be approved only if found compatible and
consistent with the character and fabric of the neighborhood;
8. Only one accessory dwelling unit may be created per lot; and
9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory dwelling unit
shall be clearly incidental to the principal dwelling unit and shall meet the following criteria:
a. The accessory dwelling unit is created only in a single-household detached dwelling unit on
a lot of 6,000 square feet or more;
b. The accessory dwelling unit does not exceed one-third of the total area of the principal
structure;
c. The accessory dwelling unit is created only through internal conversion of the principal
structure or constructed above a garage. Minor exterior changes may be made on the
building, if the square footage added constitutes no more than ten percent of the principal
structure's existing living area (exclusive of the garage); and
d. If the entrance for the accessory dwelling unit is separate from the entrance of the principal
structure, the entrance shall only be located in the rear or side yards.
10. All accessory dwelling units are subject to CUP provisions established in article 19 of this chapter.
Commented [SR15]: Relaxations # 8: 38.22.030: This
section is proposed to be replaced with the different
standards outlined in detail in the proposed replacement
language for Article 8 (see footnotes under Section 2 –
Authorized Uses). ADUs are proposed to be limited to 600
SF, two persons, and one separated parking space. Limited
duplexes are proposed to be limited to 1/3 the total area of
the principal structure, three persons and one separated
parking space. No CUPs are required for these uses as
clarified in Relaxation #2.
Commented [SR16]: Repeat - Relaxation #2 clarifies that
CUPs are not required for ADUs or limited duplexes on lots
specified in Exhibit C of the Design Manual.
19
11. No deviations shall be granted to lot area requirements or parking requirements to allow the
establishment of an accessory dwelling unit. In no case shall more than a total of two deviations
be granted to allow the establishment of an accessory dwelling unit.
Sec. 38.23.030. - Lot.
A. Dimensions and orientation. Lot size, width, shape and orientation shall be appropriate for the location
and contemplated use of the development. In residential developments, a variety of lot sizes shall be
provided to facilitate housing diversity and choice, and to meet the projected requirements of people
with different housing needs. Lot designs with irregular shapes, narrow necks, points and flag shapes
shall be permitted only when the developer can demonstrate that the proposed lot designs are
necessary due to topography or other physical constraints. Each lot shall contain a satisfactory building
site adequate for the uses permitted in its zoning district. Each lot shall conform to this chapter, any
growth policies, any relevant neighborhood or subarea plan, where officially adopted, and to any
applicable regulations of the state department of environmental quality.
B. Division by rights-of-way. No single lot shall be divided by a public street, alley, or public or private
utility right-of-way or easement, which would reduce the amount of buildable land to less than the
minimum lot size required by this chapter for the applicable zoning district.
C. Double/through and reverse frontage. Double/through frontage and reverse frontage lots shall be
avoided except where essential to provide separation of residential development from arterial streets;
to provide access to development adjacent to limited access streets; to overcome topography or other
physical conditions; or to overcome specific disadvantages of existing design and orientation. Lots
fronting on a street and an alley shall not be considered double/through or reverse frontage lots.
D. Corner lots. Corner lots shall have sufficient width to permit appropriate building setbacks from both
streets and provide acceptable visibility for traffic safety.
1. Generally, 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.
E. Width. Lots shall have a width sufficient to allow normal construction without the construction
encroaching on property lines, and shall comply with the building setback requirements of this chapter.
F. Depth. Except for individual lots for individual townhomes, lots used to meet the requirements of
chapter 10, article 8, for lots serviced by an alley, or when necessitated by physical features of the
land of this section, no lot shall have an average depth greater than three times its average width.
G. Side lot lines. Side lot lines shall be at substantially right angles to street or road lines and radial to
curved street or road lines.
H. Frontage. Unless otherwise allowed by this chapter, all lots will have frontage in compliance with
section 38.24.090.B to provide, among other things, adequate room for snow removal, lot access and
utility easements.
I. Civic uses. If lots are reserved or identified for civic uses, these lots must be prominent sites at the
termination of street vistas, or in the neighborhood center.
J. Exceptions. Commonly owned lots used for accessory uses (i.e., stormwater management, open
space, utilities) are exempt from the provisions of this section.
(Ord. No. 1645, § 18.42.030, 8-15-2005; Ord. No. 1693, § 13(18.42.030), 2-20-2007; Ord. No. 1709,
§ 12(18.42.030), 7-16-2007; Ord. No. 1761, exh. H(18.42.030), 7-6-2009; Ord. No. 1769, exh.
G(18.42.030), 12-28-2009; Ord. No. 1830, § 20, 9-24-2012)
Commented [SR17]: Repeat – Relaxation #4 clarifies that
different lot area requirements apply in the Lakes at Valley
West PUD.
Commented [SR18]: A relaxation is not necessary from
this Section because it has built in flexibility with an
“approved development plan.” The Design Manual includes
information regarding lot orientation.
20
Sec. 38.23.040. - Blocks.
A. Size and orientation. Blocks shall be designed to ensure a high level of multimodal connectivity, traffic
safety, and ease of traffic control and circulation; to accommodate the special needs of the use
contemplated; and to take advantage of the limitations and opportunities of the topography.
B. Block length. Block length shall not be designed, unless otherwise impractical, to be more than 400
feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if necessary
due to topography, the presence of critical lands, access control, or adjacency to existing parks or
open space. In no case shall a block exceed 1,320 feet in length.
C. Block width. Blocks shall not be less than 200 feet or more than 400 feet in width, except where
essential to provide separation of residential development from a traffic arterial or to overcome specific
disadvantages of topography and orientation.
D. Rights-of-way for pedestrians. Rights-of-way for pedestrian walks, not less than ten feet wide, shall be
required where deemed necessary to provide circulation or access to parks, open space, schools,
playgrounds, shopping centers, transportation, and other community facilities. In addition, no
continuous length of block shall exceed 600 feet without intersecting a street or pedestrian walk.
Pedestrian walks shall also be installed at the end of culs-de-sac where deemed appropriate.
1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side
yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side
yards;
2. The pedestrian walks shall be maintained by the adjacent property owner or by the property
owners association. The party responsible for maintenance of pedestrian walks shall be identified
in the preliminary plat application; and
3. Pedestrian walks shall be constructed as a city standard sidewalk, and the provisions of section
38.24.080 shall apply.
E. Developments which have clearly delineated blocks shall use block numbers or letters, and each block
shall contain its own grouping of lot numbers.
(Ord. No. 1645, § 18.42.040, 8-15-2005; Ord. No. 1693, § 13(18.42.040), 2-20-2007; Ord. No. 1709,
§ 12(18.42.040), 7-16-2007; Ord. No. 1761, exh. H(18.42.040), 7-6-2009; Ord. No. 1769, exh.
G(18.42.040), 12-28-2009)
Commented [SR19]: Relaxations # 9 & 10: 38.23.040.B &
C: Many blocks in Valley West do not conform to the
standard length and width requirements. In this case, the
existing natural areas (including Baxter Creek Natural Area,
the Aajker Creek Corridor and the existing lakes) combined
with access separation requirements for Durston and Laurel
Parkway all justify the need to unique block lengths. No
block exceeds 1,320 linear feet. Pedestrian walks and
woonerfs break longer blocks where appropriate to define
pockets of homes.
Commented [SR20]: Relaxation #11: 38.23.040.D.3: In
order to provide trail continuity, the pedestrian breaks that
connect to the trail system along the west lake south of
Westmorland Drive are proposed as natural fines rather
than concrete to allow for continuous surfacing. Pedestrian
walks that provide primary access to lots served by a
woonerf will be concrete.
Commented [SR21]: Relaxation #12: 38.23.040.E: Block
numbers are not used in the platting which works better for
the pocket neighborhood concept and matches the format
of the rest of Valley West.
21
Sec. 38.24.060. - Street improvement standards.
A. All street improvements shall be designed by and constructed under the supervision of a professional
civil engineer, registered in the state, and shall meet or exceed the right-of-way and construction
standards adopted by the city (including but not limited to an adopted transportation plan or
specifications manual) and required for the type of street to be constructed.
B. Plans and specifications for all public or private streets (including but not limited to curb, gutter, storm
drainage, street lighting and sidewalks), shall be provided to and approved by the review authority.
The developer shall provide professional engineering services for construction inspection, post-
construction certifications and preparation of Mylar record drawings. The plans and specifications shall
be approved and a preconstruction conference shall be conducted before any construction is initiated
on the street improvements.
1. Surfacing. A pavement design report, based upon specific site soil data and design-year traffic
loading conditions, prepared by a professional engineer, or other qualified professional approved
by the review authority, shall be submitted to the review authority for approval prior to plan and
specification submittal if using the self-certification process or with the plans and specifications if
using the standard process. Pavement design shall be in accordance with the city design
standards and specifications policy and the city modifications to state public works standard
specifications.
2. Alleys. In subdivisions where alleys are proposed, a 20-foot-wide right-of-way shall be provided.
The driving surface of the alley shall be 16 feet wide and shall be improved with gravel.
a. Subdividers may elect to pave subdivision alleys provided that adequate stormwater facilities
are available.
b. Alleys shall be designed and constructed in accordance with the city design standards and
specifications policy and the city modifications to state public works standard specifications,
and subject to approval by the city engineer.
c. Alleys used for backing under 38.25.020.D shall be designed to provide the required aisle
width.
-
Commented [SR22]: Relaxation #13: 38.24.060.A: The
intersection of Westgate and Westmorland has one leg
(north leg) that is approximately 77 feet which is less than
the minimum of 100 feet identified in the Design Standards
for “length of tangent at intersection.”
Commented [SR23]: Note: a relaxation is not requested
from this section because the right-of-way will exceed (see
language in A) these minimum standards with 32 feet of
right-of-way for the woonerf.
Commented [SR24]: Relaxation #14: 38.24.060.B: Again,
as part of the PUD, an alternate alley section is proposed as
a woonerf.
Commented [SR25]: Final note: though not a PUD
relaxation, note that an Engineering access separation
relaxation is formally requested from Table 38.24.090-3.
Durston Road will have approximately 628 feet between
Laurel Parkway and Westmorland Drive (to back of curb)
which is slightly less than the minimum of 660 feet. Please
refer to the Preliminary Plat for additional information.
22