HomeMy WebLinkAboutA2. Lakes PUDPage 1 of 26
Z15030, City Commission Staff Report for The Lakes at Valley West
Preliminary Planned Unit Development (PUD)
Date: City Commission at 6:00 pm in the City Commission Room 121 N. Rouse Avenue,
Bozeman, Montana, May 18, 2015.
Project Description: A Preliminary Planned Unit Development application for a multi-
phase residential development located on 65 acres south of Durston Road, east and
west of an extension of Laurel Parkway. Two phases with 62 lots and additional
unplatted phases for future development. Fifteen relaxations are requested with this
application.
Project Location: Tract 1 of COS 1005B and Tract 2A of COS 1005C located in the NW ¼
of Section 10 and the NE1/4 of Section 9 Township 2S, Range 5E PMM City of
Bozeman, Montana. Located south of Durston Road and west of Bronken Park.
Recommendation: Approval with conditions
Recommended Concurrent Construction Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application Z15030 and move to
approve the application for use of concurrent construction subject to all applicable
code provisions.
Recommended Main Motion: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z15030 and move to approve the planned
unit development, including relaxations 1 through 15, with conditions and subject to
all applicable code provisions.
Report Date: May 8, 2015
Staff Contact: Chris Saunders, Community Development
Bob Murray, Engineering
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None
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Project Summary
The proposed Planned Unit Development (PUD) requests to add uses to the existing R-1
district, to modify numeric standards of the R-1 district, to propose alternate alley standards,
and modify block dimensions. The PUD is proposed in conjunction with a subdivision to
create 62 residential lots with associated open space.
The project is a continuation of the Valley West Planned Unit Development. This portion has
not previously been subdivided. The proposal is to modify the existing PUD. This project
will have a customized R-1 district which will be in effect only within the project boundaries.
Unless the PUD modifies a standard the base requirements of the Unified Development Code
remain in effect.
This project proposes a unique combination of uses and configuration. The applicant asserts
that the overall outcome of the proposal is superior to what would be obtained from the
application of the default R-1 district. The outcome will be a diverse small scale
neighborhood with unique access and development standards. Homes are expected to be
smaller than what is commonly constructed in Bozeman. Substantial open space will be
provided in both public and private ownerships. This combination is not presently available
in the community.
The PUD appears to conform to the requirements of the Unified Development Code criteria
as described in Section 6. A PUD is a discretionary approval and the review authority must
find that the overall development is superior to that offered by the basic existing zoning
standards. See Section 38.20.030.A.4, BMC. The obligation to show a superior outcome is
the responsibility of the applicant.
Alternatives
1) Approve of the PUD as presented.
2) Approve the PUD with changes after making finds to support those changes.
3) Deny of the PUD after making findings of non-compliance.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
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SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 –REQUESTED RELAXATIONS ....................................................................... 6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 10
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .................................... 10
SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 10
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 11
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 16
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC ..... 18
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 23
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 23
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 24
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 24
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT ........................................... 24
FISCAL EFFECTS ................................................................................................................. 25
ATTACHMENTS ................................................................................................................... 26
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SECTION 1 - MAP SERIES
Project Boundaries
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Overall project layout showing possible future phases.
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Shaded area is outside of the present phases
SECTION 2 –REQUESTED RELAXATIONS
Planned Unit Development Relaxations are requested with this application. The applicant
has requested relaxations to the following standards. The summary of each relaxation, the
customized zoning district incorporating those relaxations, and the overall reasoning behind
the relaxations is in Section 9 of the PUD submittal. The altered standards are depicted by
lot and described in text in Appendix C of the Design Manual included in the PUD submittal.
Explanatory notes are attached to each section of the municipal code proposed to be altered.
Summary List of Relaxations
Code Section Summary of Section
1) 38.08.010.A.2 Intent of R-1 District
2) 38.08.020 Expand Authorized Uses in R-1
3) 38.08.030.A.2 Increase Allowed Lot Coverage and Floor Area 4) 38.08.040.A Reduce Minimum Lot Area 5) 38.08.040.B Reduce Minimum Lot Width
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6) 38.08.050.A Reduce Yards
7) 38.08.060 Replace Building Height in R-1 to be the same as R-4 8) 38.22.030 Allow R-1 Accessory Dwelling Units (ADUs) without a Conditional Use Permit
9) 38.23.040.B Allow Increased Block Length
10) 38.23.040.C Allow Smaller Block Width
11) 38.23.040.D.3 Allow Alternate Pedestrian Walk Surface 12) 38.23.040.E Not Require Block Numbering 13) 38.24.060.A Design Standards (length of tangent at intersection)
14) 38.24.060.B Alternate Alley Section to Allow Woonerf
15) 38.23.100.A.2 Reduce Minimum Wetland Setbacks
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the planned unit development. Additional
conditions may apply to the subdivision of the property being processed concurrently with
this planned unit development.
Recommended Conditions of Approval:
1. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed, and shall include a digital copy
(pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
2. The PUD Final Plan shall be completed and before the approval of the final plat.
3. A notice prepared by the City shall be filed concurrently with the final plat so that it will
appear on title reports. It shall read substantially as follows: Lots within the Lakes at
Valley West Subdivision Phase 1 and Phase 2 are subject to specific design standards,
unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Lakes at Valley West Subdivision Phase 1 and Phase
2 and are in place of the general development standards of the City of Bozeman Zoning.
If a development standard is not specifically established in the Lakes at Valley West
Subdivision Phase 1 and Phase 2 approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Lakes at Valley West Planned Unit Development. Modifications are strongly discouraged. It is the
obligation of the lot owner to be fully informed as to these standards before beginning
any home or site design process. Approval by the design review entity established in the
covenants of the development does not bind the City of Bozeman to approve a construction plan.
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4. The City of Bozeman has relied upon the overall design standards proposed as part of the
planned unit development application in Chapter 6 of the Design Manual. The design standards may not be altered without consent of the City. This restriction shall be included in Article 12 of the covenants.
5. The Common Open Space easement referred to in Section 11.6 of the covenants shall be
referenced in Section 12.2 of the covenants.
6. Section 16.1 shall be revised to require City consent to termination of the covenants and shall be referenced in Section 12 of the covenants.
7. Section 12 of the covenants shall reference the mutual obligation to maintain fences
established in Section 70-16-205, MCA.
8. The perpetual nonexclusive easement referenced in Section 11.6 of the covenants shall be
provided as a separate easement document with the City of Bozeman as the holder of the easement. The recorded document number shall be incorporated with Note 7 on the Conditions of Approval Sheet of the plat.
9. The final park master plan shall separate the materials for dedicated public parks from
those areas set aside as private common open space. A plan showing the final design,
execution, and maintenance shall be provided for dedicated park and for common open spaces.
10. The final open space plans shall address how required temporary irrigation necessary to
establish the proposed grass mixes will be delivered.
11. The creation and enhancement of trails to connect to existing trails to the east in the
Baxter Natural Area Park as proposed in the application is part of the demonstration of superior performance for the project required by Section 38.20.030.A.4.c, BMC. Therefore, the trails and related improvements proposed shall be installed.
12. Accessory dwelling units are only permitted on those lots specifically identified in phases
one and two to have accessory dwelling units. The covenants shall explicitly state which
lots may have an accessory dwelling unit and which lots may not have them. This covenant may not be changed without City written consent.
13. The final landscape plan shall be coordinated with Northwestern Energy so that the
species of trees identified for planting along Durston Road and adjacent open spaces shall
not conflict with the existing overhead power lines.
14. Lots 28-37 of Phase 2 shall have their boundary with the adjacent common open space clearly delineated. If the subdivider does not choose to construct the specified fence style along the perimeter an alternative ground marking which is readily visible and durable
shall be placed. The type of delineation shall be identified with the final PUD plan and
shall be installed prior to final plat approval.
15. Fences located in the front, side or rear yard setback of properties adjacent to any park or publicly accessible open space shall not exceed a maximum height of four (4) feet, and shall be of an open construction designed in a manner to be consistent along all park land
and open space areas. Proposed fencing shall conform to Section 38.23.130 “Fences,
Walls and Hedges.” This requirement with appropriate exhibits of fence types shall be
addressed and illustrated in the property owner’s association documents. The documents
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shall include a single fence style acceptable to the City for locations fronting any public
park.
16. The area of the driveway easements required to access private lots shall be deducted from the calculation of open space performance points.
17. The requested relaxations to the following sections are found to be acceptable as
proposed in the application materials and shall be reflected in the final PUD plan and
associated documents as approved:
1) 38.08.010.A.2, Intent of R-1 District;
2) 38.08.020 to expand Authorized Uses in R-1 zoning district;
3) 38.08.030.A.2 to Increase Allowed Lot Coverage and Floor Area;
4) 38.08.040.A to Reduce Minimum Lot Area;
5) 38.08.040.B to Reduce Minimum Lot Width;
6) 38.08.050.A to Reduce Required Yards;
7) 38.08.060 Replace Building Height in R-1 to be the same as in the R-4 zoning district;
8) 38.22.030 to Allow R-1 Accessory Dwelling Units (ADUs) without a Conditional Use
Permit;
9) 38.23.040.B to Allow Increased Block Length;
10) 38.23.040.C to Allow Smaller Block Width;
11) 38.23.040.D.3 to Allow Alternate Pedestrian Walk Surface;
12) 38.23.040.E to Not Require Block Numbering;
13) 38.24.060.A to Design Standards (length of tangent at intersection);
14) 38.24.060.B to have an Alternate Alley Section to Allow a Woonerf design; and
15) 38.23.100.A.2 to Reduce Minimum Wetland Setbacks.
19. The proposed covenants shall include a section which clearly indicates those portions of the
covenants which were relied upon for the approval of the PUD. This section shall restrict
those portions from alteration without written approval of the City of Bozeman.
20. No property may be removed from the covenants once established without written approval
of the City of Bozeman.
21. The customized standards of Appendix A and Chapter 6 of the design manual shall be
standard standards enforced for all building permits within the development.
22. The signage restriction in the first bullet of Section 6.2(p) shall be removed.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
A. The final site plan shall provide the necessary accounting to demonstrate that the Residential
PUD non-site-specific open space plans outside of the public parks and individual lots
conform to the performance requirements of Section 38.26.060.A.1, BMC.
B. The required documents and materials for concurrent construction as set forth in Section
38.39.030.D BMC must be provided and approved by the City prior to issuance of any
building permit.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for residential planned unit developments approval
with conditions was recommended by the Design Review Board (DRB) at their meeting on
March 25, 2015.
The Planning Board conducted a public hearing on April 21, 2015 on the related subdivision
and recommended favorably, with conditions, to the City Commission.
The Development Review Committee (DRC) considered the Planned Unit Development on
March 18, 25, and April 8, 2015. The DRC recommended favorably on both the PUD and
subdivision with conditions.
The Recreation and Parks Advisory Board subdivision review committee considered the
proposed park master plan and park dedication on April 3, 2015. They recommended
favorably to the City Commission and Planning Board prior to their public hearings.
The Wetlands Review Board met on April 8, 2015 to consider the project. Due to a lack of a
quorum they could not issue a formal recommendation but informally supported the project
and relaxation 15.
The City Commission is scheduled to consider the proposal on May 18, 2015. The City
Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City
Commission room at 6 pm.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
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Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria. When considering requested changes from
the City’s adopted development standards, per Section 38.20.030
“The review authority shall make a determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards of this chapter, and which will be consistent with the intent and purpose of this
article, with the adopted goals of the city growth policy…”.
1. Conformance to and consistency with the City’s adopted growth policy
This project is proposing residential uses within a residentially planned area. No conflicts
have been identified with the growth policy future land use designation or goals and policies.
Section 1c of the application is the applicant’s response to this criterion. The application
support various growth policy goals and principles as described in Section 1c of the
application.
2. Conformance to this chapter, including the cessation of any current violations
There are no known violations on the property. The project proposes several alternative
standards for development within the PUD. If the remaining PUD and subdivision processes
are completed, and the City Commission approves the requested relaxations, then the project
will be in conformance. If the Commission does not approve the relaxations then the project
will not be in conformance and should not be approved.
The relaxations are largely grouped into two sections. Numbers 1-8 address individual lots
and uses. Numbers 9-15 address larger design elements such as block length. Numbers 1-8
request relaxations to allow a more dense development pattern with some additional land
uses on specific lots. The relaxations will allow a greater mix of housing types than typically
seen in the R-1 district. Staff has identified no hazard from this request. The unique design
and use elements are clearly identified in the design guidelines and covenants and should be
intelligible to future buyers. The individual lot diagrams are an applicant response to
comments during the conceptual PUD review and are welcome in helping identify the unique
aspects applicable to individual lots.
Relaxations 9-15 appear reasonable in the larger context of the development. The existing
lakes and water ways are a strong factor shaping the development. There are limits to the
application of some of the typical standards such as block length due to these factors. Overall
the requested relaxations appear reasonably related to design limits or practices. Staff
recommends approval of all of the relaxations which is memorialized in Condition 17.
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Condition 3 is in place to ensure that notice is actively made available in title reports to
potential purchases to advise them of the unique conditions applicable to this property.
Relaxations 3, 4, 5 request alternate standards for individual lots. The specific applications of
Relaxations 1-8 are shown in Appendix C of the Design Manual in Section 9 of the PUD
submittal. The Relaxations 9-14 are primarily related to the subdivision design.
The applicant has requested use of concurrent construction for infrastructure and some
homes. Current construction allows simultaneous construction. Typically, all subdivision
improvements must be completed prior to issuance of a building permit. Section 38.39.030.D
establishes 13 criteria or required actions for concurrent construction. Applicants have
indicated their willingness to undertake each of these items. Presently, the applicants have
described their desire for concurrent construction to be limited to those lots adjacent to
Laurel Parkway. The DRC finds this to be a reasonable request if the terms of 38.39.030.D
are met. Code requirement B requires completion of the required documents and steps prior
to issuance of any building permit.
3. Conformance with all other applicable laws, ordinances, and regulations
Applications for design and review of infrastructure, compliance with building permits, and
related processes are future events. Compliance will be required as the project advances. The
application includes correspondence regarding wetland and water right changes indicating
the applicants have begun the required processes.
4. Relationship of site plan elements to conditions both on and off the property
The project spans Laurel Parkway which connects to other developments to the north and
south. The proposed construction of the street network provides for connectivity and
continuity of streets. Trail networks are proposed and bike lanes will be constructed along
Durston Road and Laurel Parkway. The proposed location of additional open space will
integrate with the existing Bronken Park and associated trails.
The individual home sites are unlikely to have negative affects off the property. The
proposed design manual and standards are proposed to mitigate potential conflicts. No
particular conflicts have been identified at this time. Conditions have been identified and are
described in other sections to coordinate and prevent foreseeable conflicts.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The traffic impacts of the development are analyzed and mitigation required in the related
subdivision application. In summary, there are required improvements to the street networks.
Application has been made for impact fee credits to enable widening of Laurel Parkway and
Durston Road to their final configurations. These will provide pedestrian and bicycle
facilities as well as motor vehicle services. The intersection of Cottonwood Road and
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Durston Road is in a compromised condition. Improvements to the intersection will be
needed to maintain level of service.
6. Pedestrian and vehicular ingress and egress
The application proposes with the associated subdivision to provide widened or new streets.
These will include on and off street facilities for bicycles and pedestrians. Substantial internal
trails are proposed which will be linked to the existing trail facilities in the adjacent Baxter
Creek natural area. The trails are proposed as standard six foot wide natural fines trails. The
recreation and parks subdivision review committee finds the trails beneficial and adequate.
The application includes several standard streets including Durston Road, Laurel Parkway,
and Westmorland Drive. Several non-standard “woonerfs” or modified alleys are proposed to
provide lot access and frontages in both phase one and phase two. The DRC has considered
these non-standard configurations. Section 38.24.020 allows for non-standard private streets
through a planned unit development process. The DRC has concluded that the proposed
sections appear workable but will require more active management than the City can provide.
Therefore, they will be privately maintained although they will be dedicated to public use
and any resident, visitor or other member of the public can use them.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
The pedestrian trail and street networks are shown in Section 4. The classification of the
various streets and trails are depicted. The final site plan will need to demonstrate
compliance with the landscaping requirements of Article 38.26. A general planting plan has
been provided for the open spaces and parks which indicates a good faith effort to respond to
the requirements. The application includes landscaped medians in Laurel Parkway.
Section 38.26.060 requires landscaping performance for PUD common open spaces. The
final PUD plan will need to demonstrate compliance with this standard. The application as
submitted appears to comply but documentation is necessary. Code correction A addresses
this matter.
8. Open space
The project proposes several open spaces. The area along Durston Road has a buffer of
approximately 30 feet in width. There are also two internal open spaces providing additional
circulation. There is a proposed dedication of 5 acres of additional parkland east of Laurel
Parkway and south of Westmorland Drive. The proposed park area is adjacent to Bronken
Park. Open spaces are provided within both phases. The required open space has been
provided in order to satisfy the PUD performance standards.
Condition 9 requires that certain private and public materials be separated for final
processing. Final park master plans must be approved by the City Commission and it is
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appropriate to separate the documents governing common open spaces from parks to prevent
confusion on jurisdiction and property management.
9. Building location and height
The PUD proposes to replace the existing R-1 allowed building heights with those of the R-4
zoning district. The overall difference is a maximum of eight additional feet in height. The
proposed lot sizes are in some circumstances much smaller than normal for the R-1 district.
The additional allowed height enables the homes to have additional area on upper floors.
This is Relaxation #7. The overall character of the development within the PUD is a more
compact and potentially taller than normally seen in Bozeman. This has been considered
within the overall context of the PUD and appears reasonable.
10. Setbacks
Relaxation 6 modifies the setbacks. Some lots adjacent to open spaces will have reduced rear
yard setbacks. Lots adjacent to woonerfs will have a setback of 15 feet. No setbacks are
revised for side yards or parking areas. The modification to setbacks is an essential part of
the PUD proposal. The revised setbacks are clearly indicated in the design guidelines.
Relaxation 15 addresses watercourse setbacks. The project is a portion of the original Valley
West planned unit development. As part of the initial PUD substantial grading and wetlands
restoration occurred. The two large water bodies are remnants from gravel extraction which
have been incorporated into a large 404 permit to mitigate impacts from the development.
The 404 permit has been closed by the Army Corps of Engineers.
A map of the wetlands within the development is provided. The application proposes
residential development. Two phases are proposed at this time with future phases for the
southern and western edges. The development is adjacent to the Baxter Creek corridor and
Bronken Park. Large areas of wetland are adjacent to the development. It is proposed to set
aside the lakes, perimeter area, and eastern uplands as open spaces or dedicated public parks.
Trails are proposed around the lakes and connecting with existing trails to the east. A map of
the open spaces and proposed trails is included.
Section 38.23.100 establishes setbacks from water courses and wetlands. This section has
been amended since the Valley West project began in the late 1990’s. One of those
amendments is to establish a 50 foot setback from the edge of wetlands. Previously the
setback was 50 feet from the edge of water or the far edge of wetlands whichever was larger.
This has increased the protected area around the lakes.
The applicant proposes to establish residential lots and public park improvements which
would comply with the original standard but which may not comply with the new standard in
limited locations. The amount of potential encroachment is variable depending on location
but is greatest in Phase 2, south of Westmorland Drive. This relaxation is more precautionary
in nature to prevent unintended restrictions. If the application is developed as presented the
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potential encroachments are minor. It is important to have clearly delineated boundaries
between public parks and private lots. In most cases, that separation is provided by a street.
However, in Phase Two there are some lots which back up to the common open space. To
avoid public/private conflict a means of demarcating the property boundary is required.
Applicants have proposed a fence. That is an acceptable means of marking the boundary.
Condition 14 addresses that option as well as other potential options to ensure that the public
access is not encroached upon.
11. Lighting
New lighting will be required along the public streets. The proposed street lights and building
mounted lights conform to the City’s dark sky requirements. The private lighting is subject to
the proposed design guidelines which direct use of LED lighting.
12. Provisions for utilities, including efficient public services and facilities
All utilities are proposed for placement in public right of way or within designated utility
easements established by the related subdivision.
13. Site surface drainage
Drainage was evaluated with the related subdivision. Drainage facilities will be placed along
Durston Road and will be landscaped. Final design will be completed with the infrastructure
design.
14. Loading and unloading areas
None are proposed.
15. Grading
The site has little natural contours. Two large existing artificial lakes provide the greatest
topographic change. No substantial grading is proposed except for that required for the
installation of streets. Future phases have several large piles of gravel excavated from the
lakes. These will be consumed during the building of the on-site roads.
16. Signage
None is proposed at this time.
17. Screening
No proposed element of the project requires screening.
18. Overlay district provisions
Not applicable to this application.
19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
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20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
The project includes two existing tracts. The proposed subdivision will extinguish these two
tracts and replace them with an alternative set of property boundaries. This will address this
criterion.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not presently in active use.
22. Phasing of development
The present project includes the PUD for the overall development of the entire site. The
related subdivision is only for phases 1 and 2. A future subdivision will be submitted for the
remainder of the property. The phases appear adequate to enable use and development of the
property independent of other work.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The site is adequate. The existing lakes have been used as design features and are integrated
into the development. Landscaped areas are coordinated with adjacent property and within
the proposed development. Parking is provided on each lot and along the public streets.
Special areas are designated along the Woonerfs.
The relaxations will allow a tighter development pattern. The resulting designs for homes
will require substantial care to conform to the Design Manual. The applicant has provided
within the Design Manual lot specific information to enable future designers to comply. The
proposed standards appear achievable.
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2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
No adverse impacts to abutting properties have been identified. Issues of traffic impacts
which do interact with the larger transportation system will be addressed with the related
subdivision.
3.That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
The proposed covenants associated with the project will address these areas. The covenants
will be addressed primarily through the comments on the related subdivision. Right-of-way,
street development, etc. will be constructed as part of the subdivision. The terms of
concurrent construction will address the balance. Special yards, fencing, and uses are
established by condition or design guideline. Staff finds these adequate as presented and
relies upon the application materials submitted in making this finding. If the application
materials are not completed then criteria may not be met. Conditions 4-8 and 19-21 address
clarifications, corrections, or procedural requirements relating to the covenants necessary to
ensure that the PUD intent and approval can be executed efficiently in the future.
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F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final PUD plan.
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC
Section 1H of the application presents the applicant’s response to these criteria.
2. In addition to the criteria for all site plan and conditional use reviews, the following
criteria will be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development shall
be reviewed against, and comply with, the applicable objectives and criteria of the
mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets?
Except for those standards proposed for relaxation it appears the application conforms.
(2) Does the project preserve or replace existing natural vegetation?
The site has been substantially disturbed by previous development. There are some existing
wetland areas within proposed open spaces which will remain largely undisturbed except for
installation of pedestrian trails. There will be substantial placement of new vegetation within
the open spaces and parks. The Park plan includes overall landscaping proposed for both
park and open space area.
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(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to produce an efficient, functionally organized and cohesive
planned unit development?
Yes, the proposal appears cohesive and has a variety of coordinating elements ranging from
design standards to physical street configurations. Conditions 4-6 and 19-21 require
identification of certain covenants and restrictions on changes to covenants to ensure that the
cohesive PUD is maintained over time.
(4) Does the design and arrangement of elements of the site plan (e.g., building construction,
orientation, and placement; transportation networks; selection and placement of landscape
materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction
of energy use by the project?
The project has lot layouts which are favorable to installation of solar systems. Such systems
are not proposed at this time. Individual site designs have not been completed. The site will
be integrated in to the existing and developing pedestrian and bicycle network which will
enable travel without motor vehicles. The site is on the western edge of the City at this time
and there are few services or employment locations in near proximity at this time.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to maximize the privacy by the residents of the project?
The site designs for individual lots are not known at this time. They will be designed
individually. The Design Manual provides guidelines in this area which appear to address
this criterion.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park
land or open space been provided for each proposed dwelling as required by section
38.27.020.
The project has a surplus balance of parkland from prior dedications. Additional park land is
proposed with this development. The tabulation of parkland is provided in the subdivision
submittal. The standard has been met. Individual open space by unit is not applicable to this
application.
(7) Performance. All PUDs shall earn at least 20 performance points.
With a PUD, Section 38.20.090.E.2.a.7 requires at least 20 performance points for the subject
property. There are 11 options provided in the UDC to meet this requirement. Points can be
met using any combination of on-site and off-site open space or other options listed in the
code. The Preliminary PUD must specify how the performance points are being met.
Open space provisions for phased PUD developments: If a project is to be built in phases,
each phase shall include an appropriate share of the proposed recreational, open space,
affordable housing and other site and building amenities of the entire development used to
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meet the requirements of section 38.20.090.E.2. The appropriate share of the amenities for
each phase shall be determined for each specific project at the time of preliminary approval
and shall not be based solely upon a proportional or equal share for the entire site.
The Lakes at Valley West PUD is proposing to satisfy the performance requirement solely
with additional open space. Public access by easement over the open space is provided.
Condition of approval 8 requires the easement to be provided by separate document so that it
clearly will appear in all title searches and will be clearly enforceable throughout the entire
PUD. The tabulation is under the parkland section of the application. The application
satisfies the requirement.
(8) Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become an isolated
"pad" to adjoining development?
The property is well integrated into the arterial and collector system. Local streets provide
additional connectivity. The two lakes and associated stream and wetland areas are
substantial barriers which limit connectivity. Trail connections have been placed to improve
connectivity to Bronken Park and its trails.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3,
R-4, RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the maximum
extent possible, preserve and promote the unique character of neighborhoods, with
provisions for a mix of limited commercial development. For purposes of this section,
"limited commercial development" means uses listed in the B-1 neighborhood service
district (article 10 of this chapter), within the parameters set forth below. All uses
within the PUD must be sited and designed such that the activities present will not
detrimentally affect the adjacent residential neighborhood. The permitted number of
residential dwelling units shall be determined by the provision of and proximity to
public services and subject to the following limitations:
(1) On a net acreage basis, is the average residential density in the project (calculated for
residential portion of the site only) consistent with the development densities set forth in the
land use guidelines of the city growth policy?
The property is planned a Residential and zoned as R-1. The R-1 district has a standard
minimum lot size of 5,000 sq ft. This provides a base density of 8.7 dwellings per net acre.
Appendix A of this report describes the range of planned residential densities of between 6
and 32 dwellings per acre in Bozeman. In these two phases the applicants propose up to 67
homes on 6.4 acres. This is a density of 10.46 dwellings per acre which is within the planned
intensity for the Residential land use designation.
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Density can be averaged across a project. The applicant has indicated that future phases will
have lesser density so that the project as a whole will comply with the maximum density
allowed in the R-1 district. Therefore, no density bonus is requested with this project.
(2) Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are sufficient in
size and have adequate light, sun, ventilation, privacy and convenient access to the
household or commercial units they are intended to serve?
Private spaces are provided on each lot. The central open spaces C and E provide additional
light and ventilations to adjacent lots.
(3) Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities?
Yes, both public parkland and private open spaces are provided.
(4) If the project is proposing a residential density bonus as described below, does it include
a variety of housing types and styles designed to address community wide issues of
affordability and diversity of housing stock?
No density bonus has been requested. The project includes a diversity of housing types.
Relaxation 2 allows additional housing types within the R-1 zoning district and Relaxation 8
enables inclusion of accessory dwelling units without a conditional use permit on specific
lots.
(5) Is the overall project designed to enhance the natural environment, conserve energy and
to provide efficient public services and facilities?
Yes. See the Design Manual for description of sustainability elements. The site has been
annexed for many years and is served by municipal services. Additional on-site extensions of
services will be required as is expected with new development. Open spaces will protect
natural water features and created water features. This will protect water quality and habitat.
The placement of key public utilities is reasonable and follows standard practices.
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(6) Residential density bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district within which the
project is located and which is set forth in article 8 of this chapter, does the proposed project
exceed the established regulatory design standards (such as for setbacks, off-street parking,
open space, etc.) and ensure compatibility with adjacent neighborhood development? The
number of dwelling units obtained by the density bonus shall be determined by dividing the
lot area required for the dwelling unit type by one plus the percentage of density bonus
sought. The minimum lot area per dwelling obtained by this calculation shall be provided
within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the
base density upon which the density bonus is calculated.
No bonus is requested or required. The PUD proposed applies to the entire property of 64.89
acres. The first two phases which are being subdivided at this time are approximately 17.8
acres. The overall density of the project must be evaluated against the property as a whole.
The proposed density within the first two phases is substantially higher than normally seen
within the R-1 zoning district. The average proposed lot area per dwelling in these two
phases is 4,162 sq ft. compared with a typical area per dwelling of 5,000 sq. ft.
Averaging of density within an overall development is allowed. The applicant has requested
size relations to reduce the size for specific lots in the first two phases. As the applicants have
not requested a density bonus through the PUD the subsequent phases will need to be
designed so that the final project totals fit within the required density standards of the R-1
district. This can be done by providing a diversity of lot sizes to include some larger lots as
appears to be indicated in the conceptual future phases.
(7) Limited commercial. If limited commercial development, as defined above, is proposed
within the project, is less than 20 percent of the gross area of the PUD designated to be used
for offices or neighborhood service activities not ordinarily allowed in the particular
residential zoning district?
No limited commercial is proposed.
(8) Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
Yes, the property to the north is approved for residential uses and is primarily developed as
detached homes. The property to the east is Bronken Park to which the development
proposes an addition of five acres with Phase 1. Additional parkland is expected in the future.
As discussed in the application materials, the Valley West development, of which this is a
part, has a character defined by the existing PUD.
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APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “R-1” (Residential
Single Household Low Density District). The intent of the R-1 residential single-household
low density district is to provide for primarily single-household residential development and
related uses within the city at urban densities, and to provide for such community facilities
and services as will serve the area's residents while respecting the residential character and
quality of the area.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Residential.” The
“Residential” classification designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate
the provision of services and employment opportunities to persons without requiring the use
of an automobile. Implementation of this category by residential zoning should provide for
and coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong presence
of constraints and natural features, such as floodplains, may cause an area to be designated
for development at a lower density than normally expected within this category. All
residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints, such as watercourses or steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy. The residential designation
is intended to provide the primary locations for additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Lakes at Valley West Planned Unit Development proposes to modify the existing Valley
West development. The developed portion of that project exists east of Cottonwood Road.
The original Valley West development included Bronken Park and the Baxter Creek Natural
Area. This property which is the subject of the current application has been physically
altered over time to accommodate two lakes and adjacent wetlands that were required as
wetland mitigation area for the phases of Valley West east of Cottonwood Road.
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This area has always been a planned phase of Valley West, but the approved PUD design has
changed over time. This latest proposal requests a modified design that eliminates a small
commercial element and proposes a small lot pocket neighborhood design with alternative
access via a modified alley design. The new layout reduces the amount of parkland area with
street frontage and provides, in lieu, a combination of parkland and public access open space
with less street frontage. The development has the potential for additional phases of
residential development. A subdivision of the property is proposed with two initial phases
with a mix of townhome and detached home lots for 62 total lots at this time.
The PUD seeks to create a unique pocket neighborhood with small lots and alley (Woonerf)
access. A detailed Design Manual has been prepared.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided by posting, mail by first class and certified mail, and newspaper
publication. Notice will be provided at least 15 and not more than 45 days prior to the City
Commission public hearing. That hearing is May 18, 2015. Notice was also provided prior to
the public hearing on the subdivision.
No public comments have been received as of the writing of this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: The Lakes at Valley West, LLC, Greg Stratton, 2880 Technology Boulevard W,
Bozeman, MT 59718
Applicant: Kilday and Stratton, Inc., 2882 Technology Blvd W, Bozeman MT 59718
Representative: Intrinsik Architecture, 111 North Tracy Avenue Bozeman, MT 59715
Morrison Maierle, Inc. 2880 Technology Boulevard W, Bozeman, MT 59718
Report By: Chris Saunders, Policy and Planning Manager
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.20.010. Intent.
A. It is the intent of the city through the use of the planned unit development (PUD) concept,
to promote maximum flexibility and innovation in the development of land and the design of
development projects within the city. Specifically, with regard to the improvement and
protection of the public health, safety and general welfare, it shall be the intent of this chapter
to promote the city's pursuit of the following community objectives:
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1. To ensure that future growth and development occurring within the city is in accord with the
city's adopted growth policy, its specific elements, and its goals, objectives and policies;
2. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to
all citizens of the city area;
3. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open space
and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water quality
and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special features of
the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood and the community as a
whole;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040
FISCAL EFFECTS
The project has requested impact fee credits for improvements to Durston Road and Laurel
Parkway. The impact fee credit request will be handled separately. The widening of the roads are
listed on the City’s capital improvements program. Development will have its incremental costs
and revenues as it proceeds. No known budgeted funds other than the street impact fees are
known to be affected at this time.
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ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Primarily provided by link to Laserfiche archive with selected elements
included with hard copy.
DRB minutes
RPAB minutes
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The Lakes at Valley West
Preliminary PUD
Modificaon Applicaon
January 2015
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TABLE OF CONTENTS
Introducon & Document Organizaon
List of Relaxaons
Secon 1
a. Required Applicaon Forms
b. Ownership & Team Structure
c. Growth Policy Compliance Statement
d. Open Space Ownership Statement
e. Other Areas Ownership Statement
f. Employee Stascs
g. Raonale Statement
h. PUD Design Objecves and Criteria
i. Land Use Conflict Migaon
j. Sustainability Statement
k. Schedule
l. Graphic Illustraons
Secon 2
a. Ownership Notaons
b. Perimeter Treatment
c. Owner Cerficaon of Ownership
Secon 3
a. Viewshed Analysis
b. Viewshed Map
Secon 4
a. Right-of-Way Widths
b. Curb and Gu2ers
c. Pedestrian Facilies
d. Bikeway Systems
Secon 5
a. Hydrologic condions and Site Suitability Statem ent
b. Wells within 400 feet
Secon 6
a. Copy of Subdivision Preliminary Plat (see separate applicaon also)
Secon 7
a. Traffic Impact Analysis
Secon 8
a. Addional Community Design Objecves &
Wri2en Responses to PrePlat / Preliminary PUD comments
Secon 9
a. Covenants and Design Manual
Secon 10
a. Stormwater Management Permit Applicaon
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Introducon & Document Organizaon
Since its original approval in 2002, the overall design of the award-winning Valley West Planned Unit
Development (PUD) has con!nued to mature and adjust to ongoing parks and wetlands design, changing
land use regula!ons and policies, developing adjoining proper!es, as well as overall market condi!ons.
Note that several significant land use changes have recently occurred – most notably, a school and church
have been constructed on the property west of Ferguson Avenue in place of what was originally
contemplated as a residen!al neighborhood.
This PUD Modifica!on applica!on proposes to begin to complete this quality neighborhood by crea!ng
progressive residen!al pocket neighborhoods that are all connected by parks, open spaces, trails, streets
and enhanced alleys inspired by the European planning concept of a woonerf. Woonerfs are described in
the Bozeman Unified Development Code as: “streets where pedestrians and cyclists have priority over
motorists… Woonerfs may be permi6ed on public local streets or alleys through the… PUD
process” (38.09.030). While there are both old and new examples of woonerfs all over the world, this
proposal seeks to modify the concept to work within our Bozeman climate and market.
The Concept PUD and the Subdivision Pre-Applica!on were reviewed by the Development Review
Commi6ee (DRC), the Design Review Board (DRB), the Wetland Review Board, the Recrea!on and Parks
Advisory Board (RPAB), the Planning Board and the City Commission. Please see Sec!on 8 for a wri6en
response to all the comments, condi!ons, code provisions and discussion items from those mee!ngs.
Also, note that a Major Subdivision Preliminary Plat PUD has been submi6ed separately for concurrent
review. Both applica!ons are organized around the City’s Applica!on Checklists for ease of review.
Informa!on is duplicated where required and cross-referenced where possible.
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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
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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.
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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
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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.
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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.
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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.
18
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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.
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326
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
327
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
328
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
329
SECTION 1a: Applicaon Forms
The following pages contain the required applicaon forms, checklists, cerficates and lists for
the Preliminary PUD. Again, the format of this document follows the Preliminary PUD checklist.
As previously noted, a Major Subdivision Preliminary Plat PUD has been submi2ed separately
for concurrent review.
330
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet:
The Lakes at Valley West - Preliminary PUD Application
Name: Intrinsik Architecture, Inc.
Address: 111 North Tracy Avenue, Bozeman MT 59715
Phone: 406-582-8988
Email: sriggs@intrinsikarchitecture.com
Name: Morrison Maierle, Inc.
Address: 2880 Technology Blvd W, Bozeman MT 59718
Phone: 406-587-0721
Email: kjacobsen@m-m.net
See attached plat.
South of Durston Road, east and west of Laurel Parkway extension
Preliminary PUD Application to modify western portion of the Valley West PUD - see
narrative for specifics.
R-1 Vacant
"Residential"
Name: American Bank [contact: Craig N. Hveem]
Address: PO Box 1970, 1632 West Main Street, Bozeman MT 59771
Phone: 406-522-3528
Email:
64.9
Name: E-mail A
Mailing Address:
Phone: FAX:
Name: The Lakes at Valley West, LLC [contact: Greg Stratton]
Address: 2880 Technology Blvd W, Bozeman MT 59718
Phone: 406-599-5603
Email: gstratton2010@hotmail.com
2,827,044 24.2 1,054,152
Name: Kilday & Stratton, Inc.
Address: 2880 Technology Blvd. W, Bozeman MT 59718
Phone: 406-599-5603
Email: gstratton2010@hotmail.com
Additional Stakeholder Information:
Name: Valley West Homeowner's Association
Address: c/o Peak Property Management
Phone: 716 S. 20th Ave, Suite 102, Bozeman MT 59718
Email: gstratton2010@hotmail.com
331
332
315 N. 25th Street, Suite 102Billings, MT 59101Phone: (406) 656-6000Fax: (406) 237-1201010010020050HORIZ. SCALEIN FEETREVISIONSSHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\5352\002\ACAD\EXHIBITS\THE LAKES BNDRY W-AERIAL.DWG PLOTTED BY:KEVIN JACOBSEN ON Feb/25/2015COPYRIGHT MORRISON-MAIERLE, INC.,2015APPR. BY:DATE:DATE:BY:DSGN. BY:Q.C. 5352.002-FIG. ABOZEMANMONTANADSDBDB01/2015BOUNDARY EXHIBITTHE LAKES AT VALLEY WEST SUBDIVISION PUDAERIAL IS BEST FIT (2013)TRACT 1Tract 1 of Certificate of Survey No. 1005B, and Tract 2Aof Certificate of Survey No. 1005C, situated in the1:ó1(óDQGWKH1(ó1:óRI6HFWLRQ 7RZQVKLSSouth, Range 5 East, Principal Meridian, City ofBozeman, Gallatin County, Montana, more particularlydescribed 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 CornerRecordation, Book 2, Page 1572,Document No. 380638, filed at the Gallatin County Clerkand Recorder's Office; thence1
(IRUIHHWWRWKH:HVWOne-sixteenth Corner between Section 4 and Section 9,being the northwest corner of Tract 1 of Certificate ofSurvey No. 1005B,WKH3RLQWRI%HJLQQLQJ WKHQFHFRQWLQXLQJ1
19"E. for 1337.30 feet to the One-quarter Cornerbetween Section 4 and Section 9, being the northcorner common to Tract 1 of Certificate of Survey No.1005B and Tract 2A of Certificate of Survey No. 1005C;WKHQFH1
(IRU IHHWWRWKHQRUWKcorner common to Tract 2A of Certificate of Survey No.1005C, and Bronken Park of Valley West Subdivision,Plat J-320, from which the Corner to Sections 3, 4, 9,and 10, as described on Certified Corner Recordation,Book 4, Page 572, DocumentNo. 2504595, filed at the Gallatin County Clerk and5HFRUGHU
V2IILFHEHDUV1
(IHHWGLVWDQW WKHQFH6
:IRU IHHWWRDQangle point between Tract 2A of Certificate of SurveyNo. 1005C, and Bronken Park of Valley West6XEGLYLVLRQ3ODW- WKHQFH6
:IRU437.25 feet to an angle point between Tract 2A ofCertificate of Survey No. 1005C, and Bronken Park ofValley West Subdivision, Plat J-320; thence6
:IRU IHHWWRWKHVRXWKFRUQHUcommon to Tract 2A of Certificate of Survey No. 1005C,and Bronken Park of Valley West Subdivision, Plat-EHLQJDSRLQWRQWKHQRUWKOLQHRI6:ó1(óRIVDLG6HFWLRQ WKHQFH6
:IRU IHHWto the Center-North One-sixteenth Corner of saidSection 9, being the south corner common to Tract 1 ofCertificate of Survey No. 1005B and Tract 2A of&HUWLILFDWHRI6XUYH\1R& WKHQFH6
:for 1337.16 feet to the Northwest One-sixteenth Cornerof said Section 9, being the south corner common toTract 1 of Certificate of Survey No. 1005B and Tract 2RI&HUWLILFDWHRI6XUYH\1R WKHQFH1
02"E. for 1341.86 feet to the West One-sixteenth Cornerbetween Section 4 and Section 9, the Point ofBeginning.The Area of the above described tracts of land is 64.89Acres, more or less.TRACT 2A333
334
PLANNED UNIT DEVELOPMENT CHECKLIST
The appropriate checklist shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not
applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Planned Unit Development – Concept Plan. The following information and data shall be submitted:
PUD Concept Plan Information Yes No N/A
1. Data regarding site conditions, land characteristics, available community facilities and
utilities and other related general information about adjacent land uses and the uses
of land within one-half mile of the subject parcel of land
2. Conceptual (sketch) drawing showing the proposed location of the uses of land,
major streets and other significant features on the site and within one-half mile of
the site
3. A computation table showing the site’s proposed land use allocations by location and
as a percent of total site area
4. Stormwater Management Permit Application required
B. Planned Unit Development – Preliminary Plan. The following information and data shall be submitted:
PUD Preliminary Plan Information Yes No N/A
1. The following information shall be presented in an 8½- by 11-inch vertically bound document. The document
shall be bound so that it will open and lie flat for reviewing and organized in the following order:
a. Application forms
b. A list of names of all general and limited partners and/or officers and
directors of the corporation involved as either applicants or owners of the
planned unit development
c. Statement of applicable City land use policies and objectives achieved by the
proposed plan and how it furthers the implementation of the Bozeman
growth policy
d. Statement of the proposed ownership of open space areas
e. Statement of the applicant’s intentions with regard to future ownership of all
or portions of the planned unit development
f. Estimate of number of employees for business, commercial and industrial
uses
g. Description of rationale behind the assumptions and choices made by the
applicant
h. Where deviations from the requirements of this title are proposed, the
applicant shall submit evidence of successful completion of the applicable
community design objectives and criteria of Section 38.20.090 (PUD Design
Objectives and Criteria), BMC. The applicant shall submit written explanation
for each of the applicable objectives or criteria as to how the plan does or
does not address the objective or criterion. The Planning Director may
require, or the applicant may choose to submit, evidence that is beyond what
is required in that section. Any element of the proposal that varies from the
criterion shall be described
i. Detailed description of how conflicts between land uses of different character
are being avoided or mitigated
j. Statement of design methods to reduce energy consumption, (e.g.,
home/business utilities, transportation fuel, waste recycling)
Page 3
(PUD Checklist – Prepared 12/2/03; revised 9/21/04, revised 11/14/11)
x
x
x
x
x
x
x
There are no proposed such uses.
x
x
x
x
335
Page 4
PUD Preliminary Plan Information, continued Yes No N/A
1. The following information shall be presented in an 8½- by 11-inch vertically bound document. The document
shall be bound so that it will open and lie flat for reviewing and organized in the following order:
k. A development schedule indicating the approximate date when construction
of the planned unit development, or stages of the same, can be expected to
begin and be completed, including the proposed phasing of construction of
public improvements and recreational and common space areas
j. One reduced version of all preliminary plan and supplemental plan maps and
graphic illustrations at 8½- by 11-inches or 11- by 17-inches size
2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be
included on the site plan:
a. Notations of proposed ownership, public or private, should be included
where appropriate
b. The proposed treatment of the perimeter of the planned unit development,
including materials and techniques used, such as screening, fences, walls and
other landscaping
c. Attorney’s or owner’s certification of ownership
3. Viewsheds:
a. Looking onto and across the site from areas around the site, describe and map
the views and vistas from adjacent properties that may be blocked or impaired
by development of the site
b. Describe and map areas of high visibility on the site as seen from adjacent
off-site locations
4. Street cross-section schematics shall be submitted for each general category of street, including:
a. The proposed width
b. Treatment of curbs and gutters, or other storm water control system if other
than curb and gutter is proposed
c. Sidewalk systems
d. Bikeway systems, where alternatives to the design criteria and standards of the
City are proposed
5. Physiographic data, including the following:
a. A description of the hydrologic conditions of the site with analysis of water
table fluctuation and a statement of site suitability for intended construction
and proposed landscaping, in compliance with Section 38.41.120.B.3.c, BMC
b. Locate and identify the ownership of existing wells or well sites within 400
feet of the site
6. If the project involves or requires platting, a preliminary subdivision plat, subject to
the requirements of this title relative to subdivisions, shall be submitted
7. Not withstanding the waiver provisions of Section 38.41.080.B.9, BMC, at the discretion of
the City Engineer, a traffic impact analysis shall be prepared based upon the proposed
development. The analysis shall include provisions of the approved development guidelines,
and shall address impacts upon surrounding land uses. The Director of Public Service may
require the traffic impact analysis to include the information in Section 38.41.050.L, BMC. If
a traffic impact analysis has been submitted as part of a concurrent subdivision review, that
analysis shall meet this requirement
8. If the development’s compliance with the community design objectives and criteria is
under question, the City Commission may require additional impact studies or other
plans as deemed necessary for providing thorough consideration of the proposed
planned unit development
9. A proposed draft of a legal instrument containing the creation of a property owner’s
association sufficient to meet the requirements of Section 38.38.020 (Property
Owners Association), BMC shall be submitted with the preliminary plan application
10. Stormwater Management Permit Application required
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
336
SITE PLAN CHECKLIST
These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following:
Design Review Board (DRB) Site Plan Review Thresholds Yes No
1. 20 or more dwelling units in a multiple household structure or structures
2. 30,000 or more square feet of office space, retail commercial space, service commercial space or
industrial space
3. 20,000 or more square feet of exterior storage of materials or goods
4. Parking for more than 90 vehicles
B. General Information. The following information shall be provided for site plan review:
General Information Yes No N/A
1. Location map, including area within one-half mile of the site
2. List of names and addresses of property owners according to Chapter 38.40, BMC (Noticing)
3. A construction route map shall be provided showing how materials and heavy equipment will
travel to and from the site. The route shall avoid, where possible, local or minor collector
streets or streets where construction traffic would disrupt neighborhood residential character
or pose a threat to public health and safety
4. Boundary line of property with dimensions
5. Date of plan preparation and changes
6. North point indicator
7. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet
8. Parcel size(s) in gross acres and square feet
9. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR),
with a breakdown by land use
10. Location, percentage of parcel(s) and total site, and square footage for the following:
a. Existing and proposed buildings and structures
b. Driveway and parking
c. Open space and/or landscaped area, recreational use areas, public and semipublic land,
parks, school sites, etc.
d. Public street right-of-way
11. Total number, type and density per type of dwelling units, and total net and gross residential
density and density per residential parcel
12. Detailed plan of all parking facilities, including circulation aisles, access drives, covered and
uncovered bicycle parking, compact spaces, handicapped spaces and motorcycle parking, on-
street parking, number of employee and non-employee parking spaces, existing and proposed,
and total square footage of each
Page 3
(Site Plan Checklist – Prepared 12/05/03; revised 9/22/04; revised 7/24/07, revised 11/14/11)
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
There are no proposed such uses.
There are no proposed such uses.
As a subdivision pre plat and pre PUD application, no actual
buildings are proposed at this time. Land uses by lot are included.
As a subdivision pre plat and pre PUD application, no
actual buildings or driveways are proposed at this time.
See Design Manual for requirements of future homes.
As a combined subdivision pre plat and pre PUD application,as much
information regarding parking as possible is included at this time.
Individual lot development will be subject to requirements outlined in the
Design Manual and UDC except where relaxations are granted.
337
Page 4
General Information, continued Yes No N/A
13. The information required by Section 38.41.060.L, BMC (Streets, Roads and Alleys), unless
such information was previously provided through a subdivision review process, or the
provision of such information was waived in writing by the City during subdivision review of
the land to be developed, or the provision of such information is waived in writing by the City
prior to submittal of a preliminary site plan application
14. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitability of such soils for the intended construction and proposed landscaping
15. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or structure(s)
b. Height above mean sea level of the elevation of the lowest floor and location of lot
outfall when the structure is proposed to be located in a floodway or floodplain area
c. Floor plans depicting location and dimensions of all proposed uses and activities
16. Temporary facilities plan showing the location of all temporary model homes, sales offices
and/or construction facilities, including temporary signs and parking facilities
17. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with Section 38.41.050.H, BMC (Noxious Weed Management and Revegetation
Plan)
18. Drafts of applicable supplementary documents as set forth in Chapter 38.38, BMC
(Supplementary Documents)
19. Stormwater Management Permit Application required
C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite
and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way,
unless otherwise stated:
Site Plan Information Yes No N/A
1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning
Director
2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to
major arterial streets where the distances shall be 200 feet
3. On-site streets and rights-of-way
4. Ingress and egress points
5. Traffic flow on-site
6. Traffic flow off-site
7. Utilities and utility rights-of-way or easements:
a. Electric
b. Natural gas
c. Telephone, cable television and similar utilities
d. Water
e. Sewer (sanitary, treated effluent and storm)
8. Surface water, including:
a. Holding ponds, streams and irrigation ditches
b. Watercourses, water bodies and wetlands
c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be
identified as lying within a 100-year floodplain through additional floodplain
delineation, engineering analysis, topographic survey or other objective and factual
basis
d. A floodplain analysis report in compliance with Chapter 38.31, BMC (Bozeman
Floodplain Regulations) if not previously provided with subdivision review
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
This information is
provided in the
Preliminary Plat submittal
A Geotechnical Report is included in the Pre Plat submittal.
No buildings are proposed as part of this application.
None proposed as part of this application.
A Weed Management Plan is included in the Pre Plat submittal.
This information is provided in the Preliminary Plat submittal
This information will be provided prior to construction as
part of the subdivision portion of the application.
This information is provided in
the Preliminary Plat submittal
338
Page 5
Site Plan Information, continued Yes No N/A
9. Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as required by the Engineering Department, or in compliance
with B.M.C. Chapter 40 Article 4 storm drainage ordinance and best management practices
manual adopted by the City
10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated
into the storm drainage system for the property shall be designated:
a. The name of the drainageway (where appropriate)
b. The downstream conditions (developed, available drainageways, etc.)
c. Any downstream restrictions
11. Significant rock outcroppings, slopes of greater than 15 percent or other significant
topographic features
12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details
and interrelationships with vehicular circulation system, indicating proposed treatment of
points of conflict
13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps,
parking spaces, handrails and curb cuts, including construction details and the applicant’s
certification of ADA compliance
14. Fences and walls, including typical details
15. Exterior signs. Note – The review of signs in conjunction with this application is only review
for compliance with Chapter 38.28, BMC (Signs). A sign permit must be obtained from the
Department of Planning and Community Development prior to erection of any and all signs.
16. Permanent and construction period exterior refuse collection areas, including typical details
17. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both
vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses,
containing a layout of all proposed fixtures by location and type. The materials required in
Section 38.41.060.18, BMC (Lighting Plan), if not previously provided
18. Curb, asphalt section and drive approach construction details
19. Landscaping - detailed plan showing plantings, equipment, and other appropriate information
as required in Section 38.41.100, BMC (Submittal Requirements for Landscaping Plans). If
required, complete section C below
20. Unique natural features, significant wildlife areas and vegetative cover, including existing trees
and shrubs having a diameter greater than 2.5 inches, by species
21. Snow storage areas
22. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning
Jurisdiction, within or near the development
23. Existing zoning within 200 feet of the site
24. Historic, cultural and archeological resources, describe and map any designated historic
structures or districts, and archeological or cultural sites
25. Major public facilities, including schools, parks, trails, etc.
26. The information necessary to complete the determination of density change and parkland
provision required by Chapter 38.27, BMC, unless such information was previously
determined by the City to be inapplicable and written confirmation is provided to the
applicant prior to submittal of a preliminary site plan application. If a new park will be created
by the development, the park plan materials of Section 38.41.060.16, BMC shall be provided.
27. Describe how the site plan will satisfy any requirements of Article 8 Section 10, BMC
(Affordable Housing) which have either been established for that lot(s) through the
subdivision process or if no subdivision has previously occurred are applicable to a site plan.
The description shall be of adequate detail to clearly identify those lots and dwellings
designated as subject to Article 8 Section 10, BMC compliance requirements and to make the
obligations placed on the affected lots and dwellings readily understandable.
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
This information is
provided in the
Preliminary Plat submittal
This information is
provided in the
Preliminary Plat submittal
None are proposed
at this time.
None are proposed
at this time.
Note the Subdivision
lighting plan is provided
in the Pre Plat submittal
This information is provided in
the Preliminary Plat submittal
See SHPO letter in the
Preliminary Plat submittal
This ordinance is
on hold.
339
Page 6
D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan:
Landscape Plan Information Yes No N/A
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan
2. Location of existing boundary lines and dimensions of the lot
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage features;
and the location and size of existing and proposed streets and alleys, utility easements, utility
lines, driveways and sidewalks on the lot and/or adjacent to the lot
4. Project name, street address, and lot and block description
5. Location, height and material of proposed screening and fencing (with berms to be delineated
by one foot contours)
6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer
strips
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and type of
all existing trees on the lot over 6 inches in caliper must be specifically indicated
8. Complete illustration of landscaping and screening to be provided in or near off-street parking
and loading areas, including information as to the amount (in square feet) of landscape area to
be provided internal to parking areas and the number and location of required off-street
parking and loading spaces
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water
features
11. A description of proposed watering methods
12. Location of street vision triangles on the lot (if applicable)
13. Tabulation of points earned by the plan – see Section 38.26.060, BMC (Landscape
Performance Standards)
14. Designated snow removal storage areas
15. Location of pavement, curbs, sidewalks and gutters
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control
17. Existing and proposed grade
18. Size of plantings at the time of installation and at maturity
19. Areas to be irrigated
20. Planting plan for watercourse buffers, per Section 38.23.100, BMC (Watercourse Setbacks), if
not previously provided through subdivision review
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Existing significant vegetation near the lakes and watercourses
will not be impacted by subdivision improvements.
Note: See Parks Plan for the majority of this information.
Points are not required for Park Plans.
340
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.05.1230, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.05.1230 of
the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed
incomplete and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11)
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.05.1230, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.05.1230 of
the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed
incomplete and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11)
Susan Riggs
The Lakes at Valley West
11/24/14
341
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
xxx Durston Road
11/24/14
Susan Riggs
342
Proposal The Lakes at Valley West Subdivision – PUD
Property Owners
Adjacent to proposal site and across watercourses, roads, etc.
Within 200 feet of the proposal site.
N:\5352\002\Design Docs\Platting\Adjoiners List\6B Adjoiner List_PUD.docx
Legal Description of Property Property Owner’s Name Mailing Address of Property Owner
from County Tax Records
1 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 11, Lot 5, ACRES 0.28, PLAT J-374 MELISSA L MORELLI
KEVIN FOSTER
3300 VICKERS DR
GLENDALE, CA 91208-1606
2
GOLDENHILLS CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 4 BLK 11 PLAT J-
374 CONDO MASTER
GOLDENHILLS CONDO
MASTER
GENERAL DELIVERY
BOZEMAN, MT 59718-9999
2a
GOLDENHILLS CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 4 BLK 11 PLAT J-
374 UNIT C
JANE PAGE BARTLEY &
TIMOTHY BIXLER HOZIER
623 WESTGATE AVE APT C
BOZEMAN, MT 59718-6591
2b
GOLDENHILLS CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 4 BLK 11 PLAT J-
374 UNIT A
NIKOLAI & KAREN
BASHKIREW
427 GREENWAY AVE
BOZEMAN, MT 59718-1821
2c
GOLDENHILLS CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 4 BLK 11 PLAT J-
374 UNIT D
CODY CORNWELL
JULI CORNWELL
103 NEWTON AVE
GLASGOW, MT 59230
2d
GOLDENHILLS CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 4 BLK 11 PLAT J-
374 UNIT C
HALEY VICCHIO 623 WESTGATE AVE APT B
BOZEMAN, MT 59718-6591
3 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, Lot 1, ACRES 0.358, PLAT J-374 JASON SCHWARTZ 68 N FAWN PL
BELGRADE, MT 59714
4
LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, ACRES 0.43, PUBLIC PARK 3, PLAT J-
374
LAUREL GLEN SUBDIVISION
PH 1
GENERAL DELIVERY
BOZEMAN, MT 59718-9999
5
SHADOW GLEN CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 2 BLK 4 PLAT J-374
CONDO MASTER
SHADOW GLEN CONDO
MASTER
GENERAL DELIVERY
BOZEMAN, MT 59718-9999
5a
SHADOW GLEN CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 2 BLK 4 PLAT J-374
UNIT C
WILSON GONZALEZ
LINDSAY DYER
4716 SHADOWGLEN DR
BOZEMAN, MT 59718
5b SHADOW GLEN CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 2 BLK 4 PLAT J-374 JERRY SHAE 5458 134TH AVE NW
WILLISTON, ND 58801-8998
343
Proposal The Lakes at Valley West Subdivision – PUD
Property Owners
Adjacent to proposal site and across watercourses, roads, etc.
Within 200 feet of the proposal site.
N:\5352\002\Design Docs\Platting\Adjoiners List\6B Adjoiner List_PUD.docx
Legal Description of Property Property Owner’s Name Mailing Address of Property Owner
from County Tax Records
UNIT B
5c
SHADOW GLEN CONDO, S04, T02 S, R05 E,
LAUREL GLEN SUB PH 1 LOT 2 BLK 4 PLAT J-374
UNIT A
JAMES M WARFIELD 4716 SHADOWGLEN DR APT A
BOZEMAN, MT 59718-6594
6
SHAMROCK CONDO, S04, T02 S, R05 E, LAUREL
GLEN SUB PH 1 LOT 3 BLK 14 PLAT J-374
CONDO MASTER
SHAMROCK CONDO
MASTER
GENERAL DELIVERY
BOZEMAN, MT 59718-9999
6a SHAMROCK CONDO, S04, T02 S, R05 E, LAUREL
GLEN SUB PH 1 LOT 3 BLK 14 PLAT J-374 UNIT A JEFFREY M & KAMIE R
GARNER
6901 W 84TH ST APT 206
BLOOMINGTON, MN 55438-1188
6b SHAMROCK CONDO, S04, T02 S, R05 E, LAUREL
GLEN SUB PH 1 LOT 3 BLK 14 PLAT J-374 UNIT C JOHN KELLY & DICKIE FOX
KELLY
4521 NE 201ST PL
LK FOREST PK, WA 98155-1704
6c SHAMROCK CONDO, S04, T02 S, R05 E, LAUREL
GLEN SUB PH 1 LOT 3 BLK 14 PLAT J-374 UNIT D MAKOS FAMILY TRUST 1794 SPYGLASS CIR
VISTA, CA 92081-8950
6d SHAMROCK CONDO, S04, T02 S, R05 E, LAUREL
GLEN SUB PH 1 LOT 3 BLK 14 PLAT J-374 UNIT B DOUGLAS C MORIARTY 4684 SHADOWGLED DR APT B
BOZEMAN, MT 59718-6595
7
CELTIC CONDO, S04, T02 S, R05 E, LAUREL
GLEN SUB PH 1 LOT 4 BLK 14 PLAT J374 CONDO
MASTER
CELTIC CONDO MASTER GENERAL DELIVERY
BOZEMAN, MT 59718-9999
7a CELTIC CONDO, S04, T02 S, R05 E, LAUREL
GLEN SUB PH 1 LOT 4 BLK 14 PLAT J374 UNIT A
PAUL & LYNNE ELDER
TRUST DTD 1/17/97
PAUL W & LYNNE B ELDER
TRUSTEES
115 NEZ PERCE DR
BOZEMAN, MT 59715-8304
7b CELTIC CONDO, S04, T02 S, R05 E, LAUREL
GLEN SUB PH 1 LOT 4 BLK 14 PLAT J374 UNIT B
PATRICK T HAGGERTY
CHRISTINA M HAGGERTY
4662 SHADOWGLEN DR APT B
BOZEMAN, MT 59718
8 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, Lot 5, ACRES 0.213, PLAT J-374 JEFFREY D SADIK 4648 SHADOWGLEN DR APT A
BOZEMAN, MT 59718-6597
344
Proposal The Lakes at Valley West Subdivision – PUD
Property Owners
Adjacent to proposal site and across watercourses, roads, etc.
Within 200 feet of the proposal site.
N:\5352\002\Design Docs\Platting\Adjoiners List\6B Adjoiner List_PUD.docx
Legal Description of Property Property Owner’s Name Mailing Address of Property Owner
from County Tax Records
9 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, Lot 6, ACRES 0.225, PLAT J-374
ROBERT J & VONNIE K
ROLLER
82 W SHORE DR
BELGRADE, MT 59714-9537
10 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, Lot 7, ACRES 0.235, PLAT J-374 ANGELA M MACKAY 4608 SHADOWGLEN DR
BOZEMAN, MT 59718-6554
11 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, Lot 8, ACRES 0.231, PLAT J-374
HABITAT FOR HUMANITY OF
GALLATIN VALLEY INC
230 ARDEN DR
BELGRADE, MT 59714-8917
12 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, Lot 9, ACRES 0.226, PLAT J-374 TONY KABER 4568 SHADOWGLEN DR
BOZEMAN, MT 59718-6555
13 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, Lot 10, ACRES 0.222, PLAT J-374 MICHELLE DEVES 1627 W MAIN ST STE 183
BOZEMAN, MT 59715-4011
14 LAUREL GLEN SUB PH 1, S04, T02 S, R05 E,
BLOCK 14, Lot 11, ACRES 0.298, PLAT J-374
DANIEL & LORALYN A
SAPORITO
41 HART AVE
HOPEWELL, NJ 08525-1411
15 MINOR SUB 201A, S04, T02 S, R05 E, Lot 2A,
ACRES 33.5683
FOUR CORNERS
CONSTRUCTION LLC
125 CENTRAL AVE STE 1A
BOZEMAN, MT 59718-9616
16 VALLEY WEST SUB, S09, T02 S, R05 E, Lot PARK,
ACRES 39.06, PLAT J-320 VALLEY WEST SUB GENERAL DELIVERY
BOZEMAN, MT 59718-9999
17
S09, T02 S, R05 E, ACRES 210.117, SE4NW4,
SW4NE4, NE4SW4, SE4SW4, NW4SE4, SW4SE4
& 41'X 1320' WS OF SE4SE4 LESS HWRW & LESS
PLAT 503 & 509
NORTON PROPERTIES LLC
KEVIN SPENCER
63026 NE LOWER MEADOW DR #200
BEND, OR 97701-5877
18 S09, T02 S, R05 E, ACRES 39.25, SW4NW4 LESS
25' RD ON NS
AAJKER CREEK
PROPERTIES LLC
4700 GOOCH HILL RD
BOZEMAN, MT 59718-9027
19 S09, T02 S, R05 E, C.O.S. 1581, PARCEL 2,
ACRES 20.526 ALAN D FULTON 958 RIALTO WAY
BUTTE, MT 59701-7113
20 S09, T02 S, R05 E, C.O.S. 1581, PARCEL 1,
ACRES 20.519 ALAN D FULTON 958 RIALTO WAY
BUTTE, MT 59701-7113
21 S04, T02 S, R05 E, ACRES 40, SW4SW4 BONITA L NOLLMEYER PO BOX 1503
BELGRADE, MT 59714-1503
345
2880 Technology Blvd WestBozeman, MT 59718Phone: (406) 587-0721Fax: (406) 922-67020757515050HORIZ. SCALEIN FEETSHEET NUMBERPROJECT NUMBERDRAWING NUMBERN:\5352\002\ACAD\EXHIBITS\ADJACENT OWNERS- PUD.DWG PLOTTED BY:COOPER KRAUSE ON Jan/23/2015COPYRIGHT MORRISON-MAIERLE, INC.,2015APPR. BY:DATE:DATE:BY:DSGN. BY:Q.C. 5352.002XEXBOZEMANMONTANACPKKDJKDJ01/2015QCBYQCDATEADJACENT OWNERS: PUDTHE LAKES AT VALLEY WESTMELISSA L MORELLIKEVIN FOSTERJASO
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FOUR CORNERS CONSTRUCTION LLCALAN D FULTONBONITA L NOLLMEYERALAN D FULTONAAJKER CREEK PROPERT
IES
LLCNORTON PROPERTIES LLCKEVIN SPENCERVALLEY WEST SUBSHADOW GLEN CONDOUNITOWNERAJAMES M WARFIELDBJERRY SHAECWILSON GONZALEZAND LINDSAY DYERSHAMROCK CONDOUNITOWNERAJEFFREY M & KAMIER GARNERBDOUGLAS CMORIARTYCJOHN KELLY &DICKIE FOXDMAKOS FAMILYTRUSTLAUREL PARKWAY
WESTMORLAND DRIVELOCAL STREETWESTGATE AVENUE
DURSTON ROADCELTIC CONDOUNITOWNERAPAUL AND LYNNEELDER TRUSTBPATRICK T ANDCHRISTINA MHAGGERTYGOLDEN HILLS CONDOUNITOWNERANICKOLAI & KARENBASHKIREWBHALEY VICCHIOCJANE PAGEBARTLEY & TIMOTHYBIXLER HOZIERDCODY & JULIECORNWELLGOLDEN HILLSCONDO346
SECTION 1b: Ownership & Team Structure
347
SECTION 1c: Growth Policy Compliance Statement
The following central themes of the Community Plan are reinforced by this PUD plan:
· Neighborhoods—The idea of creang smaller disnct and connected neighborhoods within our City is
key to prevenng anonymous undesired subdivisions. The Valley West neighborhood has the strongest
presence and idenfy in the northwest part of town. The Lakes at Valley West will connue to add to
this tradion.
· Sense of Place—“Incorporang community and architectural design f eatures which provide
organizaon and landmarks… in new development will help to anchor and extend this sense of place
as Bozeman grows.” (Page 3-3 of the Community Plan). Valley West already has a disnct identy. This
is established by the neighborhood layout, the Architectural Design Regulaons and park and open
space improvements such as disnct bridges, pavilio ns, benches, bollards and even trash containers.
The Lakes at Valley West will connue the level of quality while also have its own defining features in
the parks, pocket neighborhoods, and enhanced alleys with specific paving pa2erns and unique
pedestrian light fixtures.
· Natural Amenies —The Lakes at Valley West includes many high quality natural amenies. Surface
water resources include Baxter Creek, located along the northeast property boundary, the two lakes,
and a large palustrine wetland complex located southeast of the east lake. Aajker Creek is located
outside the west property boundary although the 50-foot watercourse setback extends across the
west boundary slightly into the Lakes parcel. Residents and visitors can experience these resources
through an extensive connected trail system. “Ensuring that development is responsive to the natural
amenies will help to keep Bozeman beauful and vib rant” (Page 3-3 of the Community Plan).
· Centers—The Lakes at Valley West has several focal points at different and appropriate scales:
· At the smallest scale, each pocket neighborhood has a shared landscaping common green.
Because the lots are smaller than typical, this open space will serve as a shared community
space for gathering, relaxing and recreang.
Example of Pocket Park Pedestrian Lighng—Cree Edge Pathway Light
[See Lighng Plan in Secon 36 of the Pre P lat.]
348
SECTION 1c: Growth Policy Compliance Statement (connued)
· The neighborhood as a whole also includes a larger central neighborhood center in the public
park southeast of the intersecon of Westmorland Dr ive and Laurel Parkway. This area will
funcon as a neighborhood park, with the intent as described in the Bozeman PROST plan. The
focus for the improvements will be informal recrea on for all age groups, with special emphasis
on those cizens living in a ½ miles radius. The a rea will take advantage of the exisng water
bodies and proximity to the natural area already established to the east. The park will consist of
neighborhood gathering spaces, shelters, a playground, Class IIA trails and fishing access points.
Part of the area will receive full irrigaon from g roundwater wells, and the lands closest to the
water’s edges will remain in a more nave vegetave state, consistent with the requirements
of the wetland migaon requirements within the PUD . The trails will link with the exisng
Class IIA trails to the east, providing connecvity throughout the Valley West PUD and beyond.
Please refer to the Parks Plan at the end of this submi2al for more detail.
Neighborhood Center Park
· At the largest scale, the Valley West PUD has a commercial node located at the intersecon of
Babcock and Co2onwood Road. This node has not yet been developed but is intended to
provide neighborhood commercial services to this poron of town. As the Community Plan
states: “It simply requires a longer me horizon fo r some planning ideas, such as more center-
based commercial development, to be realized.”
349
SECTION 1c: Growth Policy Compliance Statement (connued)
· Integraon of Acon —The developers have and would like to connue to p artner with the City as
much as possible to ensure “keeping both hands working to the same purpose” (Page iii of the
Community Plan). One of the goals of having the Concept PUD and Subdivision Pre Applicaon
reviewed by all the advisory boards and elected officials was to discuss coordinang infrastructure
improvements such as traffic studies and improvements along Durston Road. Another example of a
creave partnership thus far includes parcipaon i n the Wastewater Collecon System Agreement.
· Urban Density – The overall net density of The Lakes at Valley West is ancipated to be 12 units per
acre while the gross density is 6 units per acre. “Quality site and architectural design will materially
affect the success and acceptability of urban density and scale of development” (Page 3-5 of the
Community Plan). The idea of the pocket neighborhoods supports the noon that great things can
come in small packages. Smaller lots and corresponding smaller homes is a naonal movement in
planning and architecture.
Concord Riverwalk in Boston
www.unionstudioarch.com
· Sustainability – Meeng the needs of the present populaon without compromising the ability of
future generaons to meet their own needs should be a goal for any project in our community. The
pocket neighborhoods at The Lakes at Valley West will serve as a model for compact density within an
area designated for urban growth by the Community Plan. While sustainability is interwoven
throughout the design of the Lakes at Valley West, the project’s locaon, providing housing choices,
permanent protecon of natural resources, lower-use water landscaping and providing a diversity of
recreaonal facilies, acvies and parks are all h ighlights of the project. Also, note the green building
pracces that are encouraged by the Design Manual. Sustainability is addressed in more detail under
Secon 1j.
350
SECTION 1d: Parks & Open Space Ownership Statement
Approximately 5.1 acres of land is proposed to be dedicated to the City and added to Bronken Park/Baxter
Creek Natural Area. Note that no new dedicated parkland is required for this project. There has always
been an excess of parkland in Valley West as a whole. Now, because the planned neighborhood just west
of Co2onwood Road (which was originally approved for up to 156 units) is a school and a church, there is
even more excess parkland than originally contemplated. All park requirements for this subdivision are
met by exisng parkland - the dedicaon of the 5.1 acres is extra . The west lake is proposed as open space
with a public access easement. PUD points will con nue to be met with open space. In addion to
community open space and parks, each pocket neighborhood has a shared yard / garden area connected
by pedestrian paths to the shared woonerfs.
The Lakes at Valley West connues the award-winning tradion of parks and open space present
throughout the rest of Valley West Subdivision. The open space along Durston Road provides a
neighborhood buffer that reinforces a tree-lined edge from an urban arterial road. This edge feeds into the
entry to The Lakes funneling down Laurel Parkway, seRng the stage for a green belt transportaon
corridor. Special a2enon is paid to the Parkway me dian regarding scale and repeon without
compromising safety and efficiency.
The east lake is bordered by the Baxter Creek Natural Area on the east. Significant wetland migaon
acvies have occurred in the natural area and alon g the wet perimeter of the lakes. The north-south trail
corridor on the west side of Baxter Creek will facilitate connecvity to and from all direcons, maxim izing
the potenal use of the Natural Area without compro mising environmental commitments.
The northwest corner of the east lake will encompass acve use park area. Neighborhood gatherings are
accommodated through two picnic shelters and associated improvements. A large playground will
accommodate a wide variety of play acvies along w ith a swing set, a feature missing in the greater
Valley West park system. A combinaon of flat, unprogrammed open space and large berms provide for
free and imaginave play. This neighborhood gatheri ng area will be irrigated to support such acve and
intense uses. Accessible trails will connect he ac ve use area to the natural, reclaimed wetland edge of the
lake for fishing access.
The west lake is surrounded by ample open space. Irrigated unprogrammed open space takes advantage
of flat topography on the north edge of the lake. This area creates a buffer between private properes and
the natural wetland fringe of the lake. This line is marked with the accessible trail that separates irrigated
from natural grasses. By liming the irrigated area , principles of water conservaon contribute to the
overall sustainability of the development. The remaining lake perimeter is restored to drought-tolerant
upland grasses, creang greater habitat diversity. Greater habitat diversity a2racts a variety of wildlife and
avian species, thus creang opportunies for nature -related recreaon.
Together, the parks, trails and open space amenies encompass a wide variety of recreaonal
opportunies appealing to many different age groups. The public lands within The Lakes at Valley West
appeal to many interests, and are accessible by vehicle, bicycle and pedestrian means. This accentuates
the high quality of life a2ributes affiliated with the Bozeman area and the overall development consistent
with the expectaons found at Valley West.
Please refer to the Parks Plan at the end of this submiAal as well as Secon 34 “Parks & Recreaon” of
the Preliminary Plat submiAal which includes more detailed informaon including maintenance
provisions as required with the subdivision poron of the applicaon.
351
SECTION 1e: Other Lands Ownership Statement and Concurrent Construcon
The residenal lots will be sold to a combinaon of private enes and builders.
Note that concurrent construcon as allowed under S econ 38.39.060 is also requested as part of the PU D
to start building construcon of residenal dwellin gs prior to compleon of the infrastructure
improvements. Municipal water distribuon and sanit ary sewer collecon systems will be installed, test ed,
and approved by the City of Bozeman to provide service to these lots prior to the start of building
construcon. The city streets and alleys adjacent t o the properes will be installed to gravel standar ds
prior to the start of building construcon. Arrange ments will be made with the providers of private u lies
to ensure adequate provisions are met to provide these services when they are needed. The owners/
applicants will enter into an improvements agreement with the City of Bozeman to financially guarantee
the remaining infrastructure in the form of a surety bond, cerficate of deposit, or le2er of credit. This
financial arrangement will allow the approval of the final plat for Phases 1 and 2 making financing for
vercal construcon possible third party builders
The enre development team recognizes the high leve l of coordinaon related to concurrent construcon
issues and will prepare a temporary facilies plan with the preliminary plat submi2al to coordinate these
acvies throughout the project. All pares includ ing City Staff, the developer, engineer, architect, private
ulity companies, building contractor, and infrastr ucture contractor will need to be involved early in the
coordinaon effort to ensure a smooth process.
The specific 13 criteria from Secon 38.39.030.D are addressed, as required, as part of the subdivision
applicaon in Secon 14.
Construcon in Valley West
352
SECTION 1f: Employee Stascs
No commercial development is proposed as part of these phases of Valley West therefore no
employees are ancipated. Note that a commercial no de exists in the earlier phases of Valley
West at the intersecon of Co2onwood Road and Babco ck Street.
Growth Policy Land Use Designaons
Exisng Commercial
Node
The Lakes at
Valley West
353
SECTION 1g: Raonale Statement
This PUD Modificaon applicaon proposes to begin to complete the Valley West neighborhood by
creang smaller residenal pocket neighborhoods tha t are all connected by parks, open spaces, trails,
streets and enhanced alleys.
There are several important known factors that influence and dimensionally challenge the overall site and
design including the exisng lakes, Baxter Creek Na tural Area to the east, the exisng locaon of Laur el
Parkway, the north and south connecons required fo r Westgate Avenue, required access separaon on
Durston Road, the watercourse setback on Baxter Creek and a secon of the watercourse setback along
Aajker Creek (note that both creeks run through adjacent properes and only a poron of the setback
affects the subject site).
Heritage
Christian
School
Bronze
Leaf
Condos
Neighborhood Connectivity Exhibit
Petra
Academy Conservation Easements Meadow Lark
Elementary
School
Norton
Phase 1
West
Edge
Norton
Phase 3 Future Linear Park Aaijker Creek Meyers
Park
Bronken
Fields
Exisng Lakes
Baxter Creek
Natural Area
Required Access Separaon
on Durston Road
Watercourse Setbacks on
Aaijker and Baxter Creek
Connecons of Westgate
Ave & Laurel Parkway
Norton
Future Phases
Exisng Commercial
Node
Billion
Springhill
Presbyterian
Church
Future
Park
Neighborhood
Center
354
SECTION 1h: PUD Design Objecves and Criteria
Several PUD relaxaons are requested with this appl icaon. When relaxaons are requested,
the applicaon must include evidence of successful compleon of the objecves and criteria
from Secon 38.20.090 (PUD Design Objecves and Cri teria).
All Development
(1) Does the development comply with all city design standards, requirements and specificaons for the
following services: water supply, trails/walks/bike ways, sanitary supply, irrigaon companies, fire
protecon, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and
streets?
Yes. The proposed development complies with all city design standards except where specific PUD
relaxaons are requested.
(2) Does the project preserve or replace exisng na tural vegetaon?
Yes. The project will preserve exisng natural vege taon as well as add significant addional
landscaping. Please refer to the Parks and Open Space Plan in Secon 1d as well as the Design
Manual, Page 31.
(3) Are the elements of the site plan (e.g., buildings, circulaon, open space and landscaping, etc.)
designed and arranged to produce an efficient, funconally organized and cohesive planned unit
development?
Yes. The site and lot layout was carefully planned to maximize resident amenies, housing choices
and overall site efficiency.
(4) Does the design and arrangement of elements of the site plan (e.g., building construcon, orienta on,
and placement; transportaon networks; selecon and placement of landscape materials; and/or use
of renewable energy sources; etc.) contribute to the overall reducon of energy use by the project?
Yes. Homes are encouraged to be Energy Star Cerfied New Homes. All freestanding site lighng will
be LED. In terms of landscaping, water conservaon measures including drought tolerant species and
seed mix are used where possible. Note that four separate seed mixes encompass the park and open
space areas throughout the development. The seed mixes correspond with acvity use levels
appropriate for the different types of ecosystems provided throughout the development.
(5) Are the elements of the site plan (e.g., buildings, circulaon, open space and landscaping, etc.)
designed and arranged to maximize the privacy by the residents of the project?
Yes. Because many of the lots are relavely small, the transions from public spaces such as parks to
private yards to outdoor rooms to buildings are key to the overall success of the project. The
landscaping of the public spaces and as well the landscaping and design requirements (including
outdoor rooms) of individual lots and buildings all support this transion by creang layers.
(6) Park land. Does the design and arrangement of buildings and open space areas contribute to the
overall aesthec quality of the site configuraon, a nd has the area of park land or open space been
provided for each proposed dwelling as required by secon 38.27.020
Yes. As previously noted, there is an excess of both parkland and open space in the Valley West PUD.
The dedicaon of 5.1 acres to the Bronken Fields/Bax ter Creek Natural Area is extra.
355
SECTION 1h: PUD Design Objecves and Criteria (con nued)
(7) Performance. All PUDs shall earn at least 20 performance points. Nonresidenal developments within
the North 19th Avenue/Oak Street corridor shall earn 30 points. Points may be earned in any
combinaon of the following. The applicant shall se lect the combinaon of methods but the city may
require documentaon of performance, modificaons to the configuraon of open space, or other
assurances that the opons selected shall perform a dequately.
This PUD proposes to use (b) “Addional Open Space” to meet the required points. Please refer to
the following exhibit which summarizes how parkland dedicaon and open space meet the PUD
required points.
Residenal Development
(1) On a net acreage basis, is the average residen al density in the project (calculated for residena l
poron of the site only) consistent with the develo pment densies set forth in the land use guidelines
of the city growth policy?
Yes. The gross density is 5 units per acre while the average net residenal density is 12 units per ac re
calculated as follows:
D = du / A - (c + I + s + a + d)
12 units per acre net = (300 esmated units) / 65 a cres - (0 + 0 + 0 + 13.6 + 27.2)
D = Residenal density
du = Total number of dwelling units in project
A = Total site area (acres)
c = Total commercial land area (acres)
i = Total industrial land area (acres)
s = Reserved but undedicated school or park sites (acres)
a = Street, public or private, rights-of-way and transportaon easements (acres)
d = Dedicated park lands, conservaon easements, or common open spaces (acres)
(2) Does the project provide for private outdoor areas (e.g., private yards, paos and balconies, etc.) for
use by the residents and employees of the project which are sufficient in size and have adequate light,
sun, venlaon, privacy and convenient access to th e household or commercial units they are
intended to serve?
Yes. Each lot has access to private outdoor areas. On the smaller lots, outdoor rooms are required to
acvate the open spaces and provide a transion fro m the public to private spaces. Please see Page
22 of the Design Manual.
(3) Does the project provide for outdoor areas for use by persons living and working in the development
for acve or passive recreaonal acvies?
As previously noted, this project has an extensive series of quality interconnected parks and open
spaces. (See Secon 1d). Also, please refer to Sec on 34 “Parks & Recreaon” of the Preliminary Plat
submiAal which includes more detailed informaon re quired with the subdivision poron of the
applicaon.
356
SECTION 1h: PUD Design Objecves and Criteria (con nued)
(4) If the project is proposing a residenal densit y bonus as described below, does it include a variety of
housing types and styles designed to address community wide issues of affordability and diversity of
housing stock?
Not applicable—no residenal density bonuses are re quested.
(5) Is the overall project designed to enhance the natural environment, conserve energy and to provide
efficient public services and facilies?
Yes. The project was designed to celebrate the wetlands and lakes, conserve energy where possible
and provide the most efficient infrastructure layout coordinated with project phasing.
(6) Residenal density bonus. If the project is pro posing a residenal density bonus (30 percent
maximum) above the residenal density of the zoning district within which the project is located and
which is set forth in arcle 8 of this chapter, doe s the proposed project exceed the established
regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure
compability with adjacent neighborhood development ?
Not applicable—no residenal density bonuses are re quested.
(7) Limited commercial. If limited commercial development, as defined above, is proposed within the
project, is less than 20 percent of the gross area of the PUD designated to be used for offices or
neighborhood service acvies not ordinarily allowe d in the parcular residenal zoning district?
Not applicable—no commercial uses are proposed in this phase of Valley West.
(8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the
unique character of neighborhoods in the surrounding area?
Yes. As previously noted, the Lakes at Valley West will have its own unique character but will
connue and coordinate with the overall high qualit y level established the first phases of Valley
West.
357
PARKLAND EXHIBIT Phases 1 & 2 MEYERS PARK BRONKEN PARK BAXTER NATURAL AREA PARK PARKLAND OPEN SPACE Dedicated Park with Phase 1 = 5.1 acres (2 acres required; 3 acres added to VW credit) Phase 1—29 units Phase 2—38 units 358
PARKLAND EXHIBIT MEYERS PARK BRONKEN PARK BAXTER NATURAL AREA PARK PARKLAND OPEN SPACE 359
SECTION 1i: Land Uses and Conflict Migaon
Land Use Paerns
The following chart summarizes ancipated land uses for the enre 65 acres of The Lakes at Valley West .
The following chart summarizes proposed lot numbers and land uses for The Lakes at Valley West,
Phases 1 & 2.
All lots would be part of the overall Valley West PUD.
High design standards are established in the Design Manual. Please refer to Secon 9.
The proposed land uses (single household units, duplexes and triplexes) will not require an specific conflict
migaon. These uses are intended to blend together to create a more vibrant and diverse neighborhood.
360
SECTION 1j: Sustainability Statement
Sustainability is an integral part of the design process:
· Locaon —Valley West is annexed property within the Community Planning Boundary and
with access to municipal services. The proposed design will appropriately connect to
exisng and future neighborhoods. The area proposed for development falls outside crical
lands that have connued to be enhanced and monitor ed over the years. There is a
Neighborhood Commercial node at the corner of Co2onwood and Babcock that is within
walking distance to this phase of the project. Note that the church will be compleng the
trail connecon to the south with their second deve lopment phase. There are also several
both public and private neighborhood schools within walking distance.
· Neighborhood PaAerns and Design– The proposed density of 12 units per acre (net) will
result in compact development with walkable tree-lined streets and exceponal open
spaces and parks that are all connected with sidewalks and trails. Access to recreaonal
facilies is unmatched. The Design Guidelines for the pocket neighborhoods will ensure a
high level of architecture.
· Green Infrastructure and Buildings— LED streetlights and light polluon reducon is a goal
of the project. Green building elements will be strongly encouraged including voluntary
compliance with the Energy Star Cerfied New Homes program. Overall, smaller lots with
smaller homes is a sustainable example of how to achieve elegant density.
· Water Conservaon Measures—Drought tolerant species are specified where appropriate.
Four separate seed mixes encompass the park and open space areas throughout the
development. The seed mixes correspond with acvity use levels appropriate for the
different types of ecosystems provided throughout the development. Acve park lands are
a combinaon of Kentucky Bluegrass, Perennial Ryegr ass and Creeping Red Fescue. This
irrigated mix ulizes approximately 25 percent less water than a tradional bluegrass blend,
but the species respond well to heavy pedestrian traffic and provides the average cizen
with a typical expectaon of a tradional park area .
The Durston Road and Laurel Parkway open spaces and boulevards consist of three types of
fescue along with a Canada Bluegrass blend. While these areas will be irrigated as well, the
fescues provide about a 50 percent reducon of wate r requirements, creang a quality
greenbelt. These areas will not receive as much pedestrian traffic, therefore, the fescues
can be mowed less oMen but sll project a nice gree n space analysis.
361
SECTION 1j: Sustainability Statement (connued)
The upland open space and park lands consist of a four-blend wheatgrass mix, along with
brome and other species. This seed mix allows for a 100 percent reducon in water
consumpon, as it does not require irrigaon. This seed mix is in locaons where minimal
foot traffic is expected. In most cases, these areas will not be mowed, although an annual
mowing may be performed for species diversity.
The detenon ponds will receive a seed mix that sur vives with a periodic inundaon of
water and drought. Consisng of wheatgrass, hairgra ss, mannagrass and bluegrass species,
this seed mix will provide for herbaceous ground cover through mulple water events. This
seed mix also has a 100 percent reducon in water c onsumpon, as it does not require
irrigaon.
362
SECTION 1k: Schedule
The following preliminary schedule is ancipated.
Durston/Laurel Parkway Street Improvements
Proposal Submi!al Date: January 23, 2015
The Lakes at Valley West
Preliminary Plat/PUD Submi!al Date: January 30, 2015
DRC Dates: February 25, 2015
March 4, 2015
March 18, 2015
Durston Road/Laurel Parkway Construcon Plan Submi!al: March 20, 2015
DRB Date: March 25, 2015
WRB Date: March 25, 2015
RPAB Date: March 12, 2015
Planning Board: April 7, 2015
City Commission: April 20, 2015
Durston Road/Laurel Parkway Construcon Start: Ap ril 21, 2015
The Lakes at Valley West
Construcon Plan Submi!al: April 27, 2015
The Lakes at Valley West
Final Plat/Financial Guarantee Submi!al: May 4, 2015
The Lakes at Valley West
Start Construcon: May 27, 2015
The Lakes at Valley West
Start Concurrent Home Construcon Acvies: June 27, 2015
The Lakes at Valle West
Complete Construcon: August 27, 2015
363
Phase 2 < > Phase 1Note: The conceptual layout of these phases is shown for reference and connectivity only. The applicant, owner and designteam understand and agree that future phases (beyond Phases 1 & 2) must go through additional Preliminary PUDentitlements concurrently with future Preliminary Plats.364
This meeting is open to all members of the public. If you have a disability that requires assistance, please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD).
Page 1 of 2
AGENDA DESIGN REVIEW BOARD
CITY COMMISSION ROOM, CITY HALL,
121 NORTH ROUSE AVENUE WEDNESDAY, MARCH 25, 2015 5:30 P.M.
ITEM 1. 05:37:12 PM CALL TO ORDER
ITEM 2. PUBLIC COMMENT
• Limited to any public matter, within the jurisdiction of the Development Review Committee,
not on this agenda. Three minute time limit per speaker.
• Individual items will have a public comment period at the end of Committee discussion.
ITEM 3. MINUTES OF FEBRUARY 25, 2015
05:37:42 PM Mark Hufstetler inquired about attendance.
05:38:13 PM Bill Rea noted that Scott Bechtel, Mike Pentecost, and Lori Gardner are listed as absent but was not sure they
should be listed as members.
05:39:17 PM Mark Hufstetler moved that “the minutes of the last meeting be accepted with the roster corrections as presented by the chair.” Board Member - Mark Hufstetler: Motion
Board Member - Bill Rea: 2nd Board Member - Bill Rea: Approve
Board Member - Melvin Howe: Approve Board Member - Walter Banziger: Approve
Board Member - Mark Hufstetler: Approve
ITEM 4. PROJECT REVIEW
1. The Lakes at Valley West MaSub Ph. 1&2 Prel. Plan PUD Application Z15030 (Saunders) South of Durston Road, East and West of Laurel Parkway extension
A Preliminary Plan Planned Unit Development Application to allow the subdivision of 64.9
acres into 39 single-household lots and 23 townhouse lots, and two tracts for future subdivision with relaxations to allow changes to lot sizes and street sections.
05:40:03 PM Chris Saunders discussed The Lakes at Valley West PUD. Noted this application was being submitted in
parallel with another application. Described site and proposed development, presented information about surrounding area and connectivity. Listed requested relaxations. Reviewed design intentions.
05:54:03 PM Greg Stratton with Kilday and Stratton Inc, the development team. Introduced partners. Reviewed past
informal presentation, hoped major points have been successfully addressed. Discussed proposed density, suggested that there is demand for the units and indicated he and his partners were looking to work on more such projects in the future.
05:57:29 PM Mark Hufstetler inquired as to which side of the proposed houses would be the front—Greg Stratton indicated that the side opposite the Wounerf is the front. Mark Hufstetler clarified that some units would have Durston addresses although they would be accessible by going around the block. Mark Hufstetler inquired whether documents would be
altered at the time of sale—Greg Stratton did not anticipate many such changes. Mark Hufstetler inquired about off-street parking—Greg Stratton indicated that available parking was well in excess of demand. Mark Hufstetler inquired about
design guidelines and how they address fencing and interface with public access areas—Greg Stratton indicated that one fence type had been specified for the entire subdivision, preserving a uniform appearance although the fence is optional.
365
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Page 2 of 2
06:04:02 PM Walter Banziger inquired whether covenants addressed parking on the Wounerfs—Greg Stratton indicated
that parking spaces would be designated on the Wounerfs and in the alleys. Walter Banziger wanted to know if over-
parking had a controlling factor—Greg Stratton indicated that no signage was planned but that adequate space had been provided for. 06:05:13 PM Bill Rea inquired about pedestrian and bicycle access. Indicated that information about each individual lot
was a great idea, would like to see it become standard for very dense neighborhoods. Asked about lots 1 and 2—clarified that these lots could be purchased by single buyer and merged, Greg Stratton indicate HOA would deny that at this time. 06:08:23 PM Clarified definition of two attached structures as sharing five feet of a wall, cited examples.
06:09:50 PM Mel Howe inquired about price points—Greg Stratton indicated the units were intended to stay in the 200,000 and 400,000 range. Sought clarification about distinction between joined town home and a duplex—Greg Stratton indicated a joined town home is a duplex that is easier to finance. Clarified that double-garages were not required but were expected
to be common. 06:12:39 PM Opened to public comment and questions. None.
06:13:04 PM Walter Banziger applauded the flexibility of the proposed development, expressed concerns with parking and pedestrian access.
06:14:16 PM Mark Hufstetler agreed with Walter Banziger’s points. Expressed concerns with snow removal, interface between public and private areas—felt proposed fence design would create harsh interface. 06:17:52 PM Bill Rea recommended editorial changes to proposal, expressed concerns about how an economic downturn
would affect development. 06:19:35 PM Walter Banziger “would recommend approval of application Z15030 with respect to staff comments and
DRB comments.” Seconded by Mark Hufstetler. Board Member - Walter Banziger: Motion Board Member - Mark Hufstetler: 2nd
Board Member - Bill Rea: Approve Board Member - Melvin Howe: Approve
Board Member - Walter Banziger: Approve Board Member - Mark Hufstetler: Approve ITEM 5. 06:20:27 PM ADJOURNMENT
This meeting is open to all members of the public. If you have a disability that requires assistance, please contact ADA
Coordinator, James Goehrung, at 582-3200 (voice) or 582-3203 (TDD).
366