Loading...
HomeMy WebLinkAboutFile 10 Lakes at VW PUD Section 9 Part 2 Design Guidelines _______________ date The Lakes at Valley West DESIGN MANUAL 3 March 2015 DRAFT 1 Prepared For: The Lakes at Valley West, LLC Prepared By: 111 North Tracy Avenue Bozeman, Montana 59715 3 March 2015 DRAFT 2 3 March 2015 DRAFT 3 DESIGN MANUAL Table of Contents Name Page Chapter 1: Purpose 4 Chapter 2: Properties and Projects Subject to Design Manual 5 Chapter 3: Relationship to other Documents 5 3.1 Local Land Use Regulations & Building Codes 5 3.2 The Declaration of Protective Covenants & Bylaws for The Lakes at Valley West 6 Chapter 4: The Lakes at Valley West Design Review Panel 6 4.1 Function 6 4.2 Membership 7 4.3 Enforcement Powers 7 4.4 Limitation of Responsibilities 7 Chapter 5: Design Review Process 7 5.1 In General 7 5.2 Informal Advice 8 5.3 Form A: Sketch Design Review 9 5.4 Form B: Construction Design Review 10 5.5 Form C: Changes & Modifications 12 5.6 Building Permits & Site Plan Review 13 5.7 Timing of Construction 13 5.8 Form D: Inspections 13 5.9 Liability 14 Chapter 6: Neighborhood Design Patterns 15 6.1 Site 15 (a) Intent, Uses, Lot Coverage, Lot Area, Lot Width, Setbacks, Height, Garages, Parking and Minimum Density 15 (b) Fences & Screens 15 (c) Sidewalks 16 6.2 Building 17 (a) Recommended Energy Star Program 17 (b) Base Element & Foundation 17 (c) Walls & Façades 18 3 March 2015 DRAFT 4 (d) Porches 19 (e) Outdoor Rooms 21 (f) Decks & Patios 22 (g) Windows & Solar Gain 22 (h) Doors 23 (i) Roofs 24 (j) Skylights 26 (k) Roof-Mounted Solar Panels 26 (l) Dormers 26 (m) Eaves 26 (n) Chimneys/Roof Vents 28 (o) Lighting 28 (p) Signage 29 6.3 Landscape 30 (a) Boulevard Plantings 30 (b) Yard Plantings 30 (c) Vegetation & Solar Gain 32 (d) Hardscapes 32 (e) Soil Preparation & Drainage 32 (f) Irrigation & Water Use 32 (g) Fertilizing 33 (h) Weed Control 33 (i) Vegetation Removal 34 6.4 Variations from Neighborhood Patterns 34 Chapter 7: Amendments 34 Chapter 8: Definitions 34 Exhibit 1: Legal Description 38 Appendix A: The Lakes at Valley West PUD Zoning District 36 Appendix B: Forms (A, B, C, D) 41 Appendix C: Required Building Envelope Exhibits 50 3 March 2015 DRAFT 5 Pursuant to the Declaration of Protective Covenants for The Lakes at Valley West (“Declaration”), on file with the Gallatin County Clerk and Recorder’s Office, the Declarant The Lakes at Valley West, LLC (“Declarant”), herein adopts the following The Lakes at Valley West Design Manual (“Design Manual”): Chapter 1: Purpose This Design Manual is intended to promote sustainable patterns of development that will encourage people to connect and interact as part of The Lakes at Valley West neighborhood and adjacent neighborhoods. The standards within this document provide a framework for design and construction that will allow each project to contribute to the neighborhood and to the long term goal of complimenting and enhancing the overall Bozeman community. The architectural and landscape elements of site design are considered to be integral to the overall desired neighborhood patterns. Rather than dictate specific design styles, the standards are provided to ensure well-built, compatible energy-efficient homes with clear order and comprehensive composition. Photographs are included for education, inspiration and reference only and do not imply specific solutions or guarantee regulatory approval. The goal is to strike a balance between neighborhood harmony and creativity. This document encourages design diversity and contemporary design while at the same time providing certain guidance to ensure quality design and longevity in property values. Each project should not simply be an exact copy of another building. The fact that a particular style or feature of building already exists does not guarantee that it will necessarily be approved for construction again. Exceptions to this Design Manual may be granted only on the basis of architectural merit as determined by The Lakes at Valley West Design Review Panel (“DRP”) and outlined in Section 6.4. The DRP is not authorized to grant any exceptions to local land use regulations unless explicitly authorized by the appropriate review agency or agencies. It is the responsibility of the Owner to ensure that all proposed construction shall comply with all laws, rules, and regulations including, but not limited to local Land Use Regulations and the International Building Code as well as other applicable plumbing, electric, or building codes in effect in the City of Bozeman. The Declaration and Bylaws, if any, also apply to all Lots within The Lakes Subdivision. 3 March 2015 DRAFT 6 Chapter 2: Properties and Projects Subject to Design Manual The Design Manual shall inure to and pass with each and every parcel, tract, lot or division in the Lakes Subdivision. Unless specifically excluded, this Design Manual shall apply to the entire The Lakes Subdivision (as described in Exhibit “A”), any property subsequently annexed to The Lakes Subdivision, and all improvements. No improvements shall be made, erected, altered or permitted to remain upon any Lot until (1) the proper Form is/are submitted, (2) any other information required or requested by the DRP is submitted, (3) all fees are fully paid, (4) all required Forms are approved in writing by the DRP, and (5) any applicable City of Bozeman review or permitting and/or fee payment(s) has been completed. All plans submitted to the City of Bozeman must have The Lakes at Valley West Design Review Panel Form B stamp of approval. “Improvement” shall be construed broadly and includes, but is not limited to, a residence, fence, wall, garage, outbuilding, other structure, or landscaping. Chapter 3: Relationship to other Documents 3.1 Local Land Use Regulations & Building Codes All improvements must comply with applicable building codes, land use regulations, and all other laws, rules and regulations of any government or agency under whose jurisdiction the land lies. Local land use regulations can be found online at www.bozeman.net. Some provisions of this Design Manual may be more or less restrictive than local land use regulations as part of the overall The Lakes at Valley West Planned Unit Development (“PUD"). The following relaxations from the Bozeman Municipal Code apply to The Lakes Subdivision: 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 3 March 2015 DRAFT 7 #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 Relaxations #1-8 are addressed in Appendix A: The Lakes at Valley West PUD Zoning District and are intended to replace Article 8 in the Unified Development Code. Relaxations #9-14 are more related to overall subdivision design. 3.2 The Declaration of Protective Covenants and Bylaws for The Lakes at Valley West All Lots in The Lakes Subdivision are also subject to The Declaration of Protective Covenants for The Lakes at Valley West (“Declaration”), which are on file at the Gallatin County Clerk & Recorder’s Office, and Bylaws, if any. These documents are available for reference online at www.thelakesatvalleywest.com. Chapter 4: The Lakes at Valley West Design Review Panel A Panel is hereby established known as The Lakes at Valley West Design Review Panel (“DRP”). 4.1 Function The function and purpose of the DRP is to review applications, plans, specifications, materials, samples, and location in order to determine if the proposed construction conforms to the Declaration and the Design Manual. 4.2 Membership 4.2.1 Before the Transfer Date, the Declarant may appoint a Design Review Panel composed of up to three persons. The persons are not required to be Owners or Members of the Association. The persons may serve on the Design Review Panel until he or she resigns or is replaced by the Declarant, whichever occurs first. If no persons are on the Design Review Panel, then the Board of Directors shall act as the Design Review Panel. 4.2.2 After the Transfer Date, the Board of Directors may appoint a Design Review Panel composed of up to three persons. The persons are not required to be Owners or Members of the Association. The persons may serve on the Design Review Panel until he or she resigns or is replaced by the Board of Directors, whichever occurs first. 3 March 2015 DRAFT 8 If no persons are on the Design Review Panel, then the Board of Directors shall act as the Design Review Panel. 4.2.3 The Board of Directors may also engage engineers or other advisors or consultants in the design review process as necessary. 4.3 Enforcement Powers Should any Owner violate or threaten to violate any part of this Design Manual, the DRP may attempt to work with the Owner to have the Owner cure the violation in a timely manner, and/or refer the violation or threatened violation to the Board of Directors. Among any other remedy set forth in the Declaration, the Board of Directors has the right to injunctive relief, which requires the Owner to stop, remove, and/or alter any improvements in a manner that complies with the standards established by the DRP. 4.4 Limitation of Responsibilities The primary goal of the DRP is to review the Review Applications and the plans, specifications, materials, samples, and location in order to determine if the proposed construction conforms to the Declaration and the Design Manual. The DRP does not assume responsibility for the following: The structural adequacy, capacity, or safety features of the proposed construction or improvement. Soil erosion, ground water levels, non-compatible or unstable soil conditions. Compliance with any or all building codes, safety requirements, and governmental laws, regulation or ordinances. Chapter 5: Design Review Process 5.1 In General 5.1.1 Approval Required to Commence Construction. No improvements shall be made, erected, altered or permitted to remain upon on any Lot until the Owner submits the proper Form to the DRP and the Form is approved in writing by the DRP. 5.1.2 DRP Discretion. The DRP has complete discretion as to whether to approve, conditionally approve, or deny a Form. At the least, the construction, installation, or alteration shall comply with the Declaration and Design Manual; be in harmony with the external design, location, and topography of the surrounding Lots and The Lakes Subdivision; and not be placed on or under any part of said Lot within the common areas and easements reserved as indicated on Exhibit “A,” or the common areas and easements reserved and created in Declaration, except as approved by the DRP. 5.1.3 Information Required. No Form will be deemed submitted until all of the information required by the Design Manual and requested by the DRP, and all fees 3 March 2015 DRAFT 9 are provided. Incomplete applications may be returned and are subject to a re- submittal fee. 5.1.4 Submitting Forms. Submit (hand delivery or mail) 2 copies of the required Form and related materials for each design review to the following: The Lakes at Valley West Design Review Panel c/o Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman MT 59715 Submittals must be labeled with “The Lakes at Valley West Design Review Panel” and specific project title and address. Form A, Form B, Form C, and Form D, as may be amended from time to time, may be requested from the DRP or may be downloaded from the website at www.thelakesatvalleywest.com. 5.1.5 After the Review. After DRP review, the Owner will be notified as to whether the construction has been approved, conditionally approved or denied. 5.1.6 Withdrawing Application. An Owner withdraw an application without prejudice, provided the request for withdrawal is made in writing to the DRP. 5.1.7 Variances. Any request for any variance must be made in writing to the DRP. Any variance granted shall be considered unique and will not set any precedent for future decisions. Variance requests are subject to Section 6.4. 5.1.8 Request for Hearing. If an application is conditionally approved or denied, the Owner may request a hearing before the DRP to justify the Owner’s position. The DRP will consider the arguments and facts presented by the Owner and notify the Owner of its decision. 5.1.9 If the DRP does not to take action on a Form within forty-five days after receiving the Form, the Form shall be deemed denied. 5.2 Informal Advice Prior to beginning the design process, it is recommended that Owners and their designated representatives (such as architects, contractors, etc.) contact the DRP to verify their interpretation of this Design Manual. Owners or their designated representatives may, at their option, request a meeting with the DRP to discuss the preliminary plans prior to a full Form A (Sketch Design Review) submittal. 3 March 2015 DRAFT 10 Fee* Required Documents Required Submittal Materials (2 paper copies + 1 digital PDF copy) Schematic Drawing Checklist None (except as noted below) None Conceptual plans appropriate for informal discussion n/a *Note: Additional meetings and/or reviews requested by the Owner and as determined by the DRP to be above and beyond the standard review process are subject to hourly fees in addition to the Design Review fee and must be paid prior to issuance of approval. 5.3 FORM A Sketch Design Review The Sketch Design Review checks designs for general interpretations of the overall Declaration and Design Manual. Form A includes a statement of Acknowledgement. The Lot Owner and/or its designated representative shall take all necessary steps to ensure that they and their employees, subcontractors, agents, suppliers, and others involved in the development of the Lot are familiar with and agree to abide by the Declaration, Design Manual, and approved plans. Note that Form A review must be completed before Form B review can begin. If a Form B application is not submitted within 9 months of Form A review (based on the date of the letter from the DRP approving or conditionally approving the plans) or if the design changes considerably (as determined by the DRP in the DRP’s sole discretion), a new full Form A submittal will be required. Fee* Required Documents (2 paper copies + 1 digital PDF copy) Required Submittal Materials (2 paper copies + 1 digital PDF copy) Schematic Drawing Checklist $200 Form A (must be signed) Site Plan (1/16” or 1/8” scale) North Arrow Property/Setback Lines Easements Sidewalks Building Footprints Porches, Stairs, etc. Overhangs (as dashed lines) 3 March 2015 DRAFT 11 Landscape Plan (1/16” or 1/8” scale) Schematic Site & Boulevard Landscaping Floor Plans (1/8” scale or larger) Room Use Windows & Doors Overhangs Dimensions Gross SF Elevations (1/8” scale or larger) Porches, balconies Doors, windows Materials specified Overall Height (from average grade) Roof Pitches *Notes: 1) Additional meetings and/or reviews requested by the Owner and as determined by the DRP to be above and beyond the standard review process are subject to hourly fees in addition to the Design Review fee and must be paid prior to issuance of approval. 2) Incomplete applications may be returned and are subject to a $100 penalty. 5.4 Form B Construction Design Review: The Construction Design Review checks the construction documents for general compliance with the Declaration and Design Manual and verifies that the previous DRP recommendations have been addressed. Conformity to applicable local regulations and building codes, as well as obtaining appropriate permits is the responsibility of the Owner and/or the Owner’s architect and/or builder. Note again that Form A review must be completed before Form B review can begin. If a Form B application is not submitted within 9 months of Form A review (based on the date of the letter from the DRP) or if the design changes considerably (as determined by the DRP in its sole discretion), a new full Form A submittal will be required. 3 March 2015 DRAFT 12 Fee* Required Documents (2 paper copies + 1 digital PDF copy) Required Submittal Materials (2 paper copies + 1 digital PDF copy) Drawing Checklist $350 Form B (must be signed) & Green Building Checklist Site Plan (1/16” or 1/8” scale) All dimensions must be noted. North Arrow; Property Lines; Setback Lines; Easements; Sidewalk & Street Location; Location, Dimensions, Materials for walks & drives; Building Footprints; Porches, Stairs, etc.; Overhangs (as dashed lines); Fence location & details; Grading Plan; Location and screening of equipment and meters; Limits of construction activity Landscape Plan (1/16” or 1/8” scale) Site landscaping Boulevard Landscaping Floor Plans (1/8” scale or larger) All dimensions must be noted. Room Use Windows & Doors Overhangs Gross square footage for unit and garage Elevations (1/4” scale or larger) All dimensions must be noted. Porches, balconies Doors, windows Materials specified Overall Height (from average grade) Roof Pitches Lights and light fixture details Color Rendering Color rendering of the front elevation and color chips Material Samples As requested by DRP Foundation Each project is required to 3 March 2015 DRAFT 13 Letter from Engineer submit a letter from a civil engineer identifying existing ground water elevations, and recommendations for foundation design, footing and first floor elevations. *Notes: 1) Additional meetings and/or reviews requested by the Owner and as determined by the DRP to be above and beyond the standard review process are subject to hourly fees in addition to the Design Review fee and must be paid prior to issuance of approval. 2) Incomplete applications may be returned and are subject to a $100 penalty. 5.5 Form C Changes & Modifications: Owners may wish to make improvements or modifications to their improvements or property during the initial construction or at a future date. A change may only be executed after DRP approval of Form C. Note that any changes or modifications that are made before Form C is submitted, reviewed, and approved will be subject to an increased fee, to be decided by the Board of Directors or the DRP. Fee* Required Documents (2 paper copies + 1 digital PDF copy) Required Submittal Materials (2 paper copies + 1 digital PDF copy) Drawing Checklist $150 (for proposed modifications) $500 (for “after the fact” modifications) Form C Any relevant drawings related to proposed change(s) Any details related to the proposed changes. *Notes: 1) Additional meetings and/or reviews requested by the Owner and as determined by the DRP to be above and beyond the standard review process are subject to hourly fees in addition to the Design Review fee and must be paid prior to issuance of approval. 2) Incomplete applications may be returned and are subject to a $100 penalty. 5.6 Site Plan Review & Building Permits All construction projects require a building permit and some projects may require additional review from the City of Bozeman. Any plans submitted to the City of Bozeman must include The Lakes at Valley West Design Review Panel stamp and/or letter of approval. This is a 3 March 2015 DRAFT 14 requirement of The Lakes at Valley West Homeowner’s Association and not the City of Bozeman. Construction may not commence without any necessary permits/fees from the City of Bozeman. Approval by the DRP does not guarantee approval by the City of Bozeman. 5.7 Timing of Construction An Owner has 1 year from the date of Form B approval to start construction. If construction of a structure is not started within 1 year of Form B approval, new approval must be obtained. An Owner has 1 year from the date construction commences to complete construction, unless an extension is granted by the DRP. If construction is commenced and is not completed in 1 year or is not completed in strict compliance with what was approved, , then in addition to any other remedy allowed in the Declaration or this Design Manual, or at law or in equity, the Board of Directors, may, in its sole discretion, take any action that in its judgment is necessary to improve the appearance of the construction or to bring it into compliance with the Declaration, the Design Manual, or the approved plans, including completing the exterior, or removing the uncompleted structure, or any other action. Consideration will be given to remaining landscaping based on seasonal constraints; however, such landscaping must be completed during the beginning of the next planting season. The amount of any expenditure incurred in so doing shall be the Owner’s obligation. In addition, a lien on the Lot may be recorded and enforced by an action at law. The Association may also take such action as is available in the Declaration and by law or in equity, including an injunction and/or action for damages. 5.8 Form D Inspections: The DRP reserves the right to inspect the Lot during any stage of construction. If the DRP determines, in its sole discretion, that discrepancies exist between the construction and approved plans, the Declaration, or the Design Manual, the Owner shall immediately correct the discrepancies or submit a Form C (after the fact changes) for review and approval. A Final Inspection is required. Owners are responsible for scheduling an inspection and paying the fee as follows: Fee* Required Documents (1 digital PDF copy) $300 Form D The inspection shall determine general compliance with the Declaration, Design Manual, and approved plans. If the DRP finds the improvements were not completed in strict 3 March 2015 DRAFT 15 compliance with the Declaration, Design Manual, and approved plans, the DRP shall notify the Owner of the noncompliance, and shall require remedy of the same. The Owner shall have 7 days from the notification to remedy the noncompliance or to submit a work plan delineating the time frame when the noncompliance will be remedied, although in no instance shall the timeframe exceed 45 days. The DRP may allow up to 45 days for the noncompliance to be remedied if the Form C and corresponding work plan provides adequate justification for the requested time. If the noncompliance is not remedied, the Board of Directors may, in its sole discretion, remedy the noncompliance. The amount of any expenditure incurred in so doing shall be the Owner’s obligation. In addition, a lien on the Lot may be recorded and enforced by an action at law. The Association may also take such action as is available in the Declaration and by law or in equity, including an injunction and/or action for damages. No occupancy of the project shall take place prior to the completion of all required inspections or as otherwise specified by the DRP. 5.9 Liability Neither The Lakes at Valley West Homeowner’s Association, the Declarant, the Board of Directors, the DRP, nor the individual members thereof, may be held liable to any person for any damages for any action taken pursuant to this Design Manual, including but not limited to, damages which may result from review, correction, amendment, changes or rejection of plans and specifications, observations or inspections, the issuance of approvals, or any delays associated with such action on the part of the Design Review Panel or Board of Directors. 3 March 2015 DRAFT 16 Chapter 6: Neighborhood Design Patterns All development must adhere to the neighborhood patterns described in the following sections (Site, Building, and Landscape). Photos are included reference only. Note that some provisions of this Design Manual may be more or less restrictive than local land use regulations as part of the overall PUD. See Section 6.4 for allowable variations from these neighborhood patterns. Please also refer to Exhibit C for specific lot by lot requirements for uses, setbacks, coverage, areas, widths, etc. 6.1 Site The following site design guidelines are intended to provide a framework for site layouts within The Lakes at Valley West. (a) Regulations regarding Intent, Uses, Lot Coverage, Lot Area, Lot Width, Setbacks, Height, Garages, Parking and Minimum Density are all addressed in Appendix A: The Lakes at Valley West Planned Unit Development Zoning District. (b) Fences & Screens No fencing is allowed in street-facing yards or in required street vision triangles. Two types of fences are permitted for standard lots. See specifications below. A 4 foot tall wood fence, only as specified below, is allowed along the woonerf property lines, along side property lines, and along an imaginary line setback two feet inside any property line that borders open space. This 2 foot buffer between the fence and the property line bordering the open space must be planted with a hedge that is well maintained at 4 feet or less in height. 3 March 2015 DRAFT 17 A 6 foot tall wood screen as specified below is allowed on side property lines setback 20 feet from the street and woonerf property lines. Screen walls, used for patios or hot tubs, are required to meet all setbacks and must be ascetically connected to and appear as an extension of the primary residence wall. Outdoor rooms may be integrated with, but shall not be obscured by, screen walls. All fence assemblies are required to be maintained for appearance and kept in working order. Dog kennels or runs must be attached to a primary or accessory structure, be screened from public streets and adjacent properties, and receive DRP approval for materials and configuration. Chain-link is not permitted. Underground electric fences are encouraged for dogs. (c) Sidewalks Any existing sidewalks in the right-of-way or open spaces that are damaged during construction must be repaired or replaced at the lot owner’s expense. Sidewalks on homes facing local streets are encouraged to cross the boulevard in line with the sidewalk leading to the front porch. 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, R.H. Carter Architects, Inc. 3 March 2015 DRAFT 18 construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. 6.2 Building The following building design guidelines are intended to promote both building diversity and neighborhood compatibility within a developing neighborhood framework. (a) Recommended Energy Star Program Because of its ease and low cost, homes are encouraged to meet or exceed the standards of the “Energy Star” Program. Energy Star homes typically include additional energy-saving features that make them 20–30% more efficient than standard code compliant homes. Energy Star Qualified New Homes include:  Effective Insulation  High-Performance Windows  Tight Construction and Ducts  Efficient Heating and Cooling Equipment  Efficient Products  Third-Party Verification The specific standards can be found at: http://www.energystar.gov/index.cfm?c=new_homes.hm_index. (b) Base Element & Foundation A base element is required and must be detailed in such a way to visually and structurally connect the building with the ground. It may appear as a platform or terrace upon which the house stands or as a built extension of the ground integrated with the house above. This element may be masonry, concrete or wood trim. Buildings without a base element will be considered based on design merit. Foundation walls shall be exposed a maximum of 12-inches above the ground. Exposed foundation walls shall be built of brick, cast concrete, trimmed with horizontal members, or as otherwise approved by DRP. Concrete foundations exposed more than 18-inches above grade must have an architectural finish (texture, pattern and/or color). 3 March 2015 DRAFT 19 Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction. (c) Walls & Facades All facades of the main building and accessory structures shall be made of similar materials and be similarly detailed. Primary materials on a façade may change only at a horizontal band or an inside corner. Consideration will be given to changing materials at a visual block such as a fence. Varied building massing is encouraged. No exterior wall plane, unless approved otherwise for design merit, shall exceed 35 feet in length without incorporating a minimum 24-inch offset or recess in a significant proportion to the overall plane. Building walls shall be clad in smooth cut wood shingles, wood clapboard, barn or reclaimed wood, wood drop siding, traditional wood board and batten, fiber cement siding, architectural metal cladding, brick, or stone. Siding shall be painted or stained; pre-finished siding will be considered based on design merit. Alternative materials, including the use of steel, will be considered based on design merit. Stucco, log, vinyl or aluminum siding is not allowed. The color palette of the body of the house shall be as approved by the DRP based on merit. Color schemes must be varied from the two adjacent properties, in each 3 March 2015 DRAFT 20 direction and from the properties across the street. Attached dwelling units are exempted from each other. Garish colors are not allowed. Exposed exterior wood shall be painted or stained (wood front doors excluded). Lap siding shall run horizontally. Maximum lap siding exposure is 5-inch. Combinations of lap exposure will be considered on a case-by-case basis. Trim materials should be of high quality and of appropriate visual size. Exterior trim of at least 4-inches is required around windows and doors. Corner caps are acceptable. Variations on trim width and/or exclusion of trim will be considered based on design merit. Brick surfaces shall be set predominantly in a horizontal running bond pattern. Stonework shall be natural or approved synthetic stone materials. Dry stack, un- coursed settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces in order to avoid a veneer-like appearance. It shall continue around corners to an inside corner. (d) Porches For yards facing a public street, the front porch of a residential structure must be built within 5 feet of the setback line (“build-to” line). The width of the porch on the build-to line must occupy a minimum of 30% of the width of the front façade measured along the build-to line. As an alternative to the typical front porch and to provide additional design diversity, narrower but deeper porches that have the same square footage may also be considered. A minimum 6 feet of depth is required. 3 March 2015 DRAFT 21 Buildings on lots that address two or more streets must address both streets with fronting characteristics as part of the comprehensive composition. Design considerations should include but not be limited to: wrapping front porches, outdoor rooms, variation in wall planes and massing, additional openings and enhanced landscaping. Porches are also required along woonerfs; however, these porches only have a minimum length or width requirement of 6 feet. The percentage requirement does not apply to porches facing a woonerf. Front porches generally must be elevated between 2 and 4 feet. Other heights may be considered based on site conditions and design. Porch railings may be opened or closed. If closed, they must be constructed of the same material as the adjacent wall planes. Front stoops shall be made of concrete, wood, stone, or brick and must be detailed and integrated into the porch/railing design. Required stair railings must be compatible with the overall stair and porch design. Porch supports shall be built of stone, masonry, concrete, or wood. Column base piers shall be no less than 16 x 16-inch square and wood columns shall be no less than 8-inches square. Column groupings must have an outer minimum dimension of 10-inches. Tapered columns may not be smaller than 7 x 7-inches at the top. Columns shall match or be similar in design on all elevations of a structure. The balustrade and the space below porches shall be closed and integrated into a closed band and/or landscaped, interrupted as necessary for drainage. No exposed stair or deck framing is allowed. Verde Builders Group BCprojects.ca Taylor’d DISTINCTION 3 March 2015 DRAFT 22 (e) Outdoor Rooms (required on buildings adjacent to open spaces) To complement the neighborhood open spaces and courtyards, all lots adjacent to an open space are required to have an “Outdoor Room” facing the open space. This concept is intended to provide a transition from the public green to private indoor spaces. The minimum size requirement for an outdoor room is 80 square feet with a minimum dimension of 8 feet on both sides. Outdoor Rooms typically include covered porches, screened porches, covered patios, or covered decks with integrated landscaping. Other interpretations of outdoor rooms will be considered based on design merit by the DRP. Arcanum Architecture 3 March 2015 DRAFT 23 (f) Decks & Patios 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” The space below first floor elevated decks visible from nearby streets or public spaces shall be architecturally detailed and/or landscaped to provide screening. Decks, balconies, and terraces shall be designed to enhance the overall architecture of the building by creating variety, layering, and detail on exterior elevations. Covered decks, projecting balconies, and bay windows shall be integrated and composed with the overall building form, rather than placed randomly throughout the building. Terraces shall be used to integrate the building and landscape by creating a transition between the built and natural character of the site. (g) Windows & Solar Gain Windows are encouraged meet or exceed Energy Star standards as previously stated. Openings (including windows and doors) shall not be less than 15% of the wall area, measured on each elevation. Elevation calculations shall include exterior window or door trim. Windows shall be wood, wood-clad, fiberglass or vinyl. Round, hexagonal and octagonal windows are not permitted. Mirrored glass shall not be used. Buildings shall have all openings trimmed in wood bands of minimum 4-inches nominal width unless approved based on design merit. 3 March 2015 DRAFT 24 Bay window projections shall be proportionate to the overall composition and are encouraged to extend to the ground or be trimmed appropriately. Cantilevered bays must be visually carried by structural brackets or a water table trim band. Only cantilevered bays may encroach into a setback. False shutters are not permitted. Canvas awnings are permitted and shall be square cut without side panels. (h) Doors Exterior doors are encouraged to meet or exceed Energy Star standards as previously stated. Front doors shall be made of solid wood. Complimenting wood storm/screen doors are encouraged. High quality synthetic alternatives, such as Masonite, may be considered based on detailing and proportions. Traditional sliding glass doors may only be used in yards facing open spaces and side yards. Garage doors shall be built of wood, steel, or fiberglass. 3 March 2015 DRAFT 25 Garage doors shall be de-emphasized in the elevation of the building. If possible, they should be oriented away from the street. If a lot does not have access to a woonerf and garage doors must face a street, the doors shall be made of a complementary and quality material and have significant detailing contributing to the elevation composition. Other more contemporary and creative approaches to garage doors will be considered based on design merit. 3 March 2015 DRAFT 26 (i) Roofs Asphalt composition shingles are permitted, but must be at least 30-year architectural grade. Treated wood shakes or shingles are permitted. Metal roof materials are a permitted but must be designed to protect people and property from significant sliding of snow and ice (not applicable to dormers or similar roof forms that do not drip directly to grade). Metal roofs may be corrugated or standing seam only. Unpainted, galvanized, rusted, brown, grey or rust-red-baked-on finish are all appropriate finishes. Garish colors or shiny materials are not appropriate. Natural or synthetic slate roof materials are permitted. Green roofs are encouraged. Flat roofs are permitted on all buildings if integrated with the design. Flat roofs used as balconies on street facades may be enclosed with solid railings. Roof plane and fascia continuous length dimensions shall not exceed 40 feet for single household structures, 30 feet for single household garages, and 100 feet for multiple unit structures without a significant visual break. 3 March 2015 DRAFT 27 (j) Skylights Skylights shall be flat in profile (no bubbles or domes). (k) Roof Mounted Solar Panels Solar panels area encouraged for all projects. (l) Dormers Dormer width shall be proportionate to the overall composition. Shed dormers shall have a pitch of at least 3:12. Hip and gable dormers shall have the same pitch as the main roof volume. (m) Eaves Overhanging roof eave and gable end depth shall be no less than 24-inches unless approved otherwise based on design merit for a more contemporary style or flat roof. Roof overhang depth on accessory structures must match the main building structure. 3 March 2015 DRAFT 28 Fascia detail must have a minimum dimension of 8-inches nominal unless otherwise approved for design merit. Two-piece fascia detailing is required. Wood (including Miratec and similar products as determined by the Design Review Committe) is the only acceptable material. Vinyl or metal fascia material is not permitted. As an alternative, exposed rafter tails and entry accents are encouraged if appropriate for the architectural style. Soffits shall be wood (including Hardiboard products). Metal or vinyl soffits are not permitted. Boxed soffits are generally prohibited except when integrated into a specific architectural style or composition. Enclosed soffits are acceptable on more contemporary styles. 3 March 2015 DRAFT 29 Gutters shall be built of metal of a color and finish that blends with the finish color scheme. Gutters shall be half-round or rectangular and downspouts shall be circular or rectangular. (n) Chimneys / Roof Vents Chimneys shall be clad in stone, masonry, steel or some other compatible or complementary material. Chimneys shall be at least 30 x 30-inches. Prefabricated metal flues shall be concealed within a chimney unless approved otherwise. Chimney caps may extend above the chimney top per building code requirements. Roof protrusions, other than chimneys, shall be arranged to minimize street exposure. All roof-mounted equipment shall be integrated into overall design and screened. (o) Lighting All exterior residential lighting must be dark—sky compliant. All exterior lighting of all lots shall be limited to 800 lumens (12- watt LED bulbs/60-watt incandescent bulbs) and must be full cut-off and shielded bulb of such focus and intensity so as to not cause disturbance of adjacent lots. Recessed or can lighting is encouraged for porches and main entrances for softer lighting conditions. 3 March 2015 DRAFT 30 The following lighting is prohibited: obtrusive flood lighting, mercury vapor or high- pressure sodium lights, metal halide lights, and clear glass or exposed bulb (non- cutoff) fixtures. Pathway lighting is permitted. These types of lights may be attached to the home, along walkways near the ground level, or incorporated into fences. Solar powered lighting is strongly encouraged. Woonerfs will be lighted with the LED Cree Edge Series Pedestrian Pathway lighting or equivalent. Streets will be lighted with the LED KIM Archetype light fixtures or equivalent. (p) Signage No signs shall be erected on residential properties except to identify the owner and address of the property. Typical "For Sale" signs shall be allowed during the sale of a lot. Signage integrated with landscaping may be placed at the main entrances and parks to identify the neighborhood. 3 March 2015 DRAFT 31 6.3 Landscape The proper use of plant materials adds to a sense of permanence and consistency for a neighborhood while also connecting the built and natural environments. Landscape plans submitted with Form B should outline hardscape elements, fencing, and planting areas with species and quantities listed. Each Owner will be required to meet minimum landscape specifications related to two general categories: boulevard plantings and yard plantings. (a) Boulevard Plantings Individual Lot Owners shall be responsible for the landscaping the boulevard area directly adjacent to their property at the time of occupancy and for the maintenance of the boulevard area thereafter. To enhance the streetscape, 1 tree (minimum 2½-inch diameter caliper) shall be planted per 50 feet in the boulevard area. Grass or an approved xeriscape plan must also be installed in the boulevard area directly adjacent to the subject property. Maximum height of landscaping in required vehicle vision triangles is 30-inches. It is the responsibility of the Owner to contact the appropriate utility companies before digging. (b) Yard Plantings All properties are required to landscape yards. Yards facing a street must be sod (fescue blend sod is strongly encouraged). Yards facing open space or side yards may be seeded. Native, drought tolerant grasses and regional plant materials are encouraged. Lawns should be well maintained, so they thrive and therefore, use fewer resources. Regular fertilizing (see below), aeration, and weekly cutting with a sharp blade are all critical to lawn success. Lawns should be maintained at about 3 March 2015 DRAFT 32 4-inches as keeping lawns slightly long ensures the soil remains shaded, thereby using less water. Mulching, composting, efficient irrigation, harvesting water from roofs, sidewalks, driveways and other impervious surfaces are all encouraged. “Xeriscaping” or water-conserving, drought-tolerant landscaping is encouraged. A proposal for a Xeriscape landscape plan must be prepared by a landscape professional. United States Environmental Protection Agency (US EPA) has guidelines available at at: http://www.epa.gov/. Yards facing a street: At least 1 tree (minimum 2½-inch caliper) and 2 appropriately sized planting beds are required for yards facing a public street. Corner lots are considered to have 2 separate yards and therefore require a total of 2 trees (minimum 2½-inch caliper) and 2 appropriately sized planting beds Yards Facing a Woonerf: At least 1 tree and 1 appropriately sized planting bed are required for yards facing a woonerf. 3 March 2015 DRAFT 33 Yards Facing Open Spaces: At least 1 tree (minimum 2½-inch diameter caliper) and 2 appropriately sized planting beds are required for any yard facing an open space. Planting beds must be composed with the site and the building elevations and shall have a top layer of mulch or earth tone stone (non-white). Maximum height of landscaping in required vehicle vision triangles is 30-inches. It is the responsibility of the Owner to contact the appropriate utility companies before digging. (c) Vegetation & Solar Gain Special consideration should be given to areas of sun exposure and shade for the planting of trees and large shrubs. Landscaping should allow southern exposures necessary for a home’s solar gain in the winter, or that of the neighbors. (d) Hardscapes Selection of hardscape materials should favor natural materials such as untreated wood, stone, or stamped concrete, while balancing the desire for durability. Pressure treated lumber and railroad ties, although re-used, should be avoided for their toxicity. (e) Soil Preparation & Drainage Investment at the soil level provides huge payoff in reduced water and fertilizer use, and plant vigor. Soils should be of the best quality available and improved with imported compost as feasible, especially in lawn areas. In areas where poor soils are unavoidable, homeowner’s should focus plant selection on species that thrive in such conditions. Runoff from roofs, and hardscapes, and melting snow, should be considered, and should be harvested for landscape use whenever possible. (f) Irrigation Systems & Water Use Underground irrigation systems can use water efficiently but they must be designed, installed and operated correctly. They also require regular maintenance. 3 March 2015 DRAFT 34 Plants with similar water usage, sun and shade requirements and zones with spray heads, rotors or drip systems should be grouped together. Plants should be sufficient in number and density to reduce weed growth. A weed mat also inhibits weed growth. Mulch conserves water and shades soil. Landscapes do not require as much water during shoulder seasons (May, June, September and October) as in July and August. Watering should be reduced in September and October to prepare vegetation for dormancy. Early morning is the best time (4am-9am) to water because watering at night can encourage fungus and disease to grow. Avoid watering between 9am – 7pm. Water only when your turf requires it. If you leave distinct footprints when you step on it or the grass does not spring back, it is time to water. Applying one inch of water (including rainfall) each time you water once per week is enough to keep your lawn green throughout the summer. Turf grass should be watered using longer run times (15-20 minutes) but less often. This causes the grass roots to grow deeper thereby needing less water and becoming more drought and weed resistant. Frequent watering of turf grass causes the root base to remain shallow causing the grass to brown easily and it will be more susceptible to drought and weeds. When watering trees and shrubs it is not necessary to water the leaves or the trunk. Instead, place a sufficient number of emitters evenly around the tree or shrub halfway between the trunk and the outer canopy. (g) Fertilizing / Pesticides 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 / pesticides 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. (h) Weed control As further specified in the covenants, noxious weeds pose a serious threat to the environment, and property owners should familiarize themselves with, and control them, on their property. Chemical solutions should be balanced with the threat level of the individual species and the possibility for non-chemical alternative treatments. Under no circumstance should noxious weeds be allowed to flourish, or go past the flowering stage and into the seed stage. Weed control is required on both developed and vacant lots and will be enforced in accordance with the Covenants. 3 March 2015 DRAFT 35 (i) Vegetation Removal No landscaping in the right-of-way, parks, open spaces and common areas may be removed without prior permission from the DRP. 6.4 Variances from Neighborhood Patterns The DRP encourages unique and creative design that respects thee spirit and intent of the Declaration and Design Manual. The DRP may, upon application, grant a variance from the Design Manual, based on design merit. The Board of Directors shall have the power to make the final decision on whether to approve, conditionally approve, or deny a variance, without any liability being incurred or damages being assessed due to any decision of the Board of Directors. Chapter 7: Amendments Amendments to Design Manual may only be made as set forth in the Declaration. Any amendments to the Design Manual will be posted on The Lakes at Valley West website. A submittal shall be processed consistent with the Design Manual in effect 30 days prior to DRP receipt of a complete Form A submittal. No improvements that were constructed and approved in accordance with the Design Manual shall be required to be changed because such standards are thereafter amended. Chapter 8: Definitions The words and terms used in this document shall have their customary dictionary definitions unless otherwise specifically defined within this Design Manual. 3 March 2015 DRAFT 36 Exhibit 1 The Lakes at Valley West Subdivision Legal Description Tract 1 of Certificate of Survey No. 1005B, and Tract 2A of Certificate of Survey No. 1005C, hereinafter known as “The Lakes at Valley West Subdivision – Phase 1 and Phase 2”, situated in the NE ¼ NW ¼ and NW ¼ NE ¼ of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana, more particularly described as follows: Commencing at the Corner to Sections 4, 5, 8, and 9, Township 2 South, Range 5 East, Principal Meridian, as described on Certified Corner Recordation, Book 2, Page 1572, Document No. 380638, filed at the Gallatin County Clerk and Recorder’s Office; thence N.89° 32' 48"E. for 1337.30 feet to the West One-sixteenth Corner between Section 4 and Section 9, being the northwest corner of Tract 1 of Certificate of Survey No. 1005B, the Point of Beginning; thence continuing N.89° 32' 48"E. for 1337.30 feet to the One-quarter Corner between Section 4 and Section 9, being the north corner common to Tract 1 of Certificate of Survey No. 1005B and Tract 2A of Certificate of Survey No. 1005C; thence S.88° 44' 32"E. for 826.90 feet to the north corner common to Tract 2A and Tract 3A of Certificate of Survey No. 1005C, from which the Corner to Sections 3, 4, 9, and 10, as described on Certified Corner Recordation, Book 2, Page 1577, Document No. 380643, filed at the Gallatin County Clerk and Recorder’s Office, bears S.88° 44' 32"E., 1816.88 feet distant; thence S.02° 30' 35"W. for 659.22 feet to an angle point between Tract 2A and Tract 3A of Certificate of Survey No. 1005C; thence S.26° 04' 23"W. for 437.25 feet to an angle point between Tract 2A and Tract 3A of Certificate of Survey No. 1005C; thence S.02° 30' 35"W. for 289.84 feet to the south corner common to Tract 2A and Tract 3A of Certificate of Survey No. 1005C, being a point on the north line of SW ¼ NE ¼ of said Section 9; thence N.89° 11' 53"W. for 650.69 feet to the Center-North One-sixteenth Corner of said Section 9, being the south corner common to Tract 1 of Certificate of Survey No. 1005B and Tract 2A of Certificate of Survey No. 1005C; thence S.89° 56' 46"W. for 1337.16 feet to the Northwest One-sixteenth Corner of said Section 9, being the south corner common to Tract 1 of Certificate of Survey No. 1005B and Tract 2 of Certificate of Survey No. 1581; thence N.02° 27' 30"E. for 1341.86 feet to the West One-sixteenth Corner between Section 4 and Section 9, the Point of Beginning. The Area of the above described tracts of land is 64.89 Acres, more or less.