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HomeMy WebLinkAboutA3. Lakes SubdivisionPage 1 of 28 P-15005, City Commission Staff Report for the Lakes at Valley West Subdivision NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED. Date: Planning Board, April 21, 2015 at 7:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission, May 18, 2015 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Plat application for a multi-phase residential development located on 65 acres south of Durston Road, east and west of an extension of Laurel Parkway. The project includes two phases with 62 lots and additional unplatted phases for future development. Fifteen relaxations are requested with the Planned Unit Development being reviewed concurrent 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 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 P15005 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: April 15, 2015 Staff Contact: Chris Saunders, Community Development Bob Murray, Engineering Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues If the Planned Unit Development (PUD) and associated relaxations are not approved then the conditions and findings of this report will need to be modified. The analysis summarized in this report assumed approval of the requested relaxations. Staff has recommended approval of the PUD and associated relaxations. 367 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 2 of 28 The applicant has requested modifications to conditions 7, 9, 26, and 30 and removal of condition 14. Staff has no objections to the revisions to conditions 7, 9, and 30. The conditions in Section 3 have been revised accordingly. Staff does not agree with removal of condition 14 but does agree that the condition should be changed so that Section 9.12.3 of the covenants will be revised as follows instead of being completely removed. The City is not requiring the covenant language but do wish to ensure that if it is put in place it is clearly worded to apply to private property and not the public street. 14. Section 9.12.3 of the covenant shall be revised to read “9.12.3 Only one Vehicle per Lot is allowed to be stored/parked outside of a garage on that lot, and any such Vehicle parked/stored outside of a garage shall only be parked/stored on a designated concrete or gravel pad. The designated concrete or gravel pad shall only be adjacent to the alley. No Vehicle shall be parked/stored in a driveway or in front of a house.” The applicants have requested revisions to Condition 26 regarding issuance of building permits prior to completing the installation of the traffic signal. Staff is still in discussion with them on this matter. A revised condition may be provided if a mutually agreeable requirement can be crafted. Project Summary This subdivision and associated PUD 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. Park dedication exceeds the minimum required and is proposed to be banked for future phases as needed. Two existing lakes are incorporated into the design of the subdivision. Major streets are constructed per the City’s standards. An alternative standard is used in portions of the pocket neighborhoods to create a unique design character. Approval for the non-standard street and a total of 15 relaxations from City of Bozeman standards have been requested through the associated PUD. No action regarding the relaxations will be taken through the subdivision review. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 368 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 3 of 28 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. Planning Board Action The Planning Board held their public hearing on April 21, 2015. There was no public testimony. The link to the video recording of this public hearing can be found here http://media.avcaptureall.com/session.html?sessionid=b5c84dc7-c9a8-4bb0-b968- 6441bcc5444d. The Lakes at Valley West preliminary plat discussion begins at minute mark 1:33:30 of the recording. The Planning Board vote on the motion to recommend approval was 5:1 and the motion passed. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 Planning Board Action ........................................................................................................ 3 SECTION 1 - MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES OR DEVIATIONS .................................................. 9 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 15 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 15 SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 16 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 16 Primary Subdivision Review Criteria, Section 76-3-608 (omit for minor subdivisions) . 18 Preliminary Plat Supplements ........................................................................................... 23 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 26 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 26 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 27 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 27 FISCAL EFFECTS ....................................................................................................................... 27 ATTACHMENTS ......................................................................................................................... 28 369 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 4 of 28 SECTION 1 - MAP SERIES Growth Policy Vicinity Map 370 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 5 of 28 Zoning Vicinity Map 371 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 6 of 28 Major Street Network Vicinity Map 372 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 7 of 28 Park Vicinity Map 373 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 8 of 28 Overall Plat showing outer boundaries and two phases presently proposed. 374 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 9 of 28 Overall project layout showing possible future phases. SECTION 2 – REQUESTED VARIANCES OR DEVIATIONS There are no variances requested with this subdivision. The associated PUD has requested 15 relaxations. Analysis of the requested relaxations is provided under the PUD staff report. To enable understanding of why the proposed plat appears to not comply with typical standards the relaxations are listed here. Several of the standards affect lot size and dimensions which are reflected on the plat. 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 subdivision submittal. The altered standards are depicted by lot and described in text in Appendix C of the Design Manual included in Section 10 of the subdivision submittal. Explanatory notes are attached to each section of the municipal code proposed to be altered. No action will be taken on these requested relaxations as part of the subdivision review. This review assumes that the requested relaxations have been approved. If that is not correct, then additional analysis will be required. Summary List of PUD Relaxations Code Section Summary of Section 1) 38.08.010.A.2 Intent of R-1 District 375 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 10 of 28 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 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: Planning 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. 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. 3. The applicant shall submit with the application for Final Plat 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 376 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 11 of 28 (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. 4. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the City of all dedicated parkland and any open space proposed to be conveyed to the City and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the City. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed returned to the City. For personal property installed upon dedicated parkland or City owned open space, the subdivider shall provide the City an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 5. Lots R1 and R2 shall be platted as undevelopable lots in accordance with Section 38.39.080.B.6 BMC. No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. The following language shall be placed on the conditions of approval sheet of the plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lots R1 or R2, of the Lakes at Valley West Subdivision Phase 1 and Phase 2, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lots R1 or R2, of the Lakes at Valley West Subdivision Phase 1 and Phase 2, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 6. The Planned Unit Development Final Plan shall be completed and approved before the approval of the final plat. 7. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within the phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. Wetlands, open waters, and watercourse setbacks created as part of wetland 377 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 12 of 28 mitigation efforts on the site included within an approved park plan will be considered amenities to the site and can be credited towards the parkland dedication requirements. The applicant shall provide a minimum of 2.01 acres of dedicated parkland or equivalent thereof with this major subdivision. This amount is calculated based on 67 dwellings at 0.03 acres per dwelling of dedicated parkland. The subdivider shall provide the necessary declaration and recitals to facilitate the property owners’ association bylaws and/or declaration of covenants, conditions and restrictions. Any cost sharing agreements for maintenance shall be included with the final plat. 8. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 9. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal or if the improvements are included as part of a financial guarantee prior to the release of that financial guarantee. Ownership of any well and associated water right within a dedicated public park shall be transferred to the City of Bozeman with final plat or if the improvements are included as part of a financial guarantee prior to the release of that financial guarantee. All wells shall include a meter or other device to determine consumption. 10. Drainage plans shall be required for each lot as part of the building permit application. 11. 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. The park master plan shall include a 1:20 (or other scale agreed to by the Park Department) scale plan for the neighborhood center improvements. 12. The final park plan shall address how required temporary irrigation necessary to establish the proposed grass mixes will be delivered. 13. The final plat shall contain the following notation on the conditions of approval sheet: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to 378 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 13 of 28 maintain all common open space areas within the Lakes at Valley West Phase 1 and Phase 2.” 14. Section 9.12.3 of the covenant shall be revised to remove the reference to Homeowners Association Control of public streets for which the City has maintenance responsibility. 15. The turnaround for Westmorland shall be on a separate easement document referenced on the Conditions of Approval sheet rather than relying only on depiction of the temporary easement on the plat face. 16. Waivers of special improvement districts shall be by documents prepared by the City and may be referenced but shall not be printed in their entirety on the Conditions of Approval Sheet. 17. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 18. The 1 foot wide no access strip along the private lot frontage of Durston Road and Laurel Parkway shall be included on the final plat. 19. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 20. Any dead end street created by phasing that is over 1 lot deep shall have a temporary cul- de-sac installed on the end. 21. Any public street lighting installed by this development shall be LED. 22. Any alleys that contain public utilities (water and/or sewer) shall have a minimum of 30’ wide right of way, and shall not contain any other utilities i.e. gas, electric, etc. 23. The sidewalk on Durston shall be 6’ wide and 6” thick. 24. Fifty feet of right of way shall be dedicated for Durston Road. 25. The south half of Durston shall be constructed to a minor arterial standard (mirroring the north half) along the entire frontage of the subdivision. This shall include tapers meeting AASHTO standards to transition back to the existing roadway width on the east and west. 26. The substandard level of service at the intersections of Cottonwood and Durston and Laurel Parkway and Durston shall be mitigated or financially guaranteed according to proportional costs prior to final plat approval and the mitigation complete prior to issuance of a building permit. Building permits may be issued prior to completion of the mitigation measures if the project is approved for concurrent construction under the provision of Section 38.39.030.D of the UDO. 27. Note 5 on the Conditions of Approval sheet shall be revised to reference the Lakes at Valley West Planned Unit Development rather than the Valley West Planned Unit Development. 28. Section 11.6 of the covenants shall not be changed without written approval by the City. 379 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 14 of 28 29. Section 12 of the covenants shall be amended to include the obligations of storm water facility and park facility maintenance consistent with the adopted City standards as City required covenants. 30. The property owner’s association documents for this subdivision shall be drafted so that the entirety of the property being subdivided, including the R lots, is subjected to the obligations of park and open space maintenance and storm water facility maintenance at the time of the recording of the first final plat. Contribution to maintenance expenses may be proportionate to the number of lots and subject to the property owner’s association documents in place at the time of the recording of the final plat. 31. A public utility easement in favor of the City of Bozeman shall be provided for all stormwater facilities. 32. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat for the Lakes at Valley West Subdivision. As each final plat within the Lakes at Valley West Subdivision is approved the area and number of lots approved for development and associated lighting improvements shall be added to basis of the installed improvements and the fee payers of the district. Areas within the district which are platted as R lots shall not be assessed a fee or if it is determined that a fee must be charged to R Lots the lot shall be assessed as a single lot. 33. The property owners shall be responsible for a sewer surcharge for financing the costs of operation and maintenance of the sewage lift station. 34. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 35. All clear distances between the City utilities and right of way lines, gutters, trees, and other utilities shall be maintained as specified in the City Design Standards and Specification Policy. 36. All of the criteria in Section 38.39.030.D of the UDO shall be met to allow for concurrent construction. 37. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 38. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements 380 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 15 of 28 be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” 39. The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON- PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number ______________________ (To be filled in when recorded) By: (Subdivider) Date: _____________________________ SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. A. All of the criteria in Section 38.39.030.D of the UDO shall be met to allow for concurrent construction. B. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS Project Name: Lakes at Valley West preliminary plat 381 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 16 of 28 File: P-15005 The Development Review Committee (DRC) considered the application on March 18th, March 25th, and April 8, 2015. On March 25, 2015, the DRC found the application sufficient for review. The DRC recommended favorably on both the planned unit development and subdivision with conditions on April 8, 2015. 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 on the application as presented. The Wetlands Review Board considered the application on April 8, 2015. Lacking a quorum present they considered the item informally and found the application as presented to meet adopted requirements. The Planning Board will conduct a public hearing on the related subdivision and make a recommendation to the City Commission. Public hearing date for the Planning Board is April 21, 2015. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue. Public hearing date for the City Commission is May 18, 2015. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue. 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 is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create 382 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 17 of 28 a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Additional compliance will be required with Conditions 2-5. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on January 30, 2015. The application was reviewed and found inadequate for further review on February 13, 2015. Additional materials were provided in response to the request for additional information on March 4, 2015. The application was found adequate for review on March 25, 2015. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. Pursuant to Section 38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the subdivision application by July 17, 2015, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C. On April 15, 2015 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the Planning Board. The Planning Board is scheduled to consider and make recommendation to the City Commission on April 21, 2015 and the City Commission is scheduled to make a final decision at their May 18, 2015 public hearing. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate; or in this case by July 17, 2015. The subdivision relies upon the associated planned unit development to meet the required zoning standards. The final plan for the planned unit development must be finished and receive final approval before the final plat is approved. Therefore, Condition 6 ensures that the final timing of the two applications will be properly coordinated. Condition 27 requires a correction of reference so the final plat will be connected to the appropriate PUD. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. Condition 5 addresses the two lots which will result from the subdivision which are not prepared for development. The required notice will restrict them from development. Tracts which are less than 160 acres in size must be included within the bounds of the final plat. 383 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 18 of 28 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. All public utilities will be located within dedicated street right of way. Conditions 8 and 31 require performance of this obligation. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards or an approved alternative with lot frontage as shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. The applicant has proposed use of an alternative “woonerfs” standard to provide legal and physical access to 42 of the lots. A woonerf is a narrower street with a greater degree of sharing of use of the same space by multiple types of users. Approval for the woonerf section has been requested through the associated PUD which is the correct method. If the request is not approved then this criterion has not been met. Access easements across common open spaces have been proposed to connect some individual driveways to the dedicated right of way. Primary Subdivision Review Criteria, Section 76-3-608 (omit for minor subdivisions) 1) The effect on agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development and has been used for residential purposes. The property has previously been used as a gravel mine and has been heavily disturbed. All agricultural use of the property stopped over ten years ago. Property to the north, east, and south has also been or is in the process of being developed for non-agricultural uses. The property to the west is separated from this area by Aajker Creek and no street crossings or other development is proposed west of Aajker Creek. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a residential area according to the City of Bozeman Community Plan; the area is zoned for residential development, and has begun to develop. Baxter Creek is a natural stream which has had its flow augmented at times by irrigation water. The stream channel 384 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 19 of 28 is located within the Baxter Creek Natural Area. No disturbance of the creek channel is proposed except for a pedestrian trail crossing. As a natural stream and water of the US no irrigation water user easement is necessary to protect access. No impediment to stream flow is proposed with this subdivision. Therefore, the proposed subdivision will have minimal impacts on agricultural water user facilities. 3) The effect on Local services Water/Sewer – Municipal water and sewer can be provided to this site. Internal water and sewer mains will be installed prior to final plat approval. Water service is currently in the Durston Road corridor. A sewer main crosses the property in the Laurel Parkway right of way. The area will be served by an existing sewer lift station. Use of lift stations creates additional costs above that required by gravity sewers. Condition 33 requires that the future lot owners participate in offsetting these costs what are attributable to the property. Streets – The application proposes installation of the remaining portions of Durston Road, a minor arterial, along the north side of the property from the western edge to the intersection of Cottonwood Road. This includes frontage along Bronken Park. Dedication of right of way per Conditions 24 is required to complete this work. The application proposes to construct Laurel Parkway, a collector, to its full width with initial construction. The applicant has requested an impact fee credit for this work on both streets as the overall project is larger than a project related improvement as defined in Section 2.069.1630, BMC. The impact fee credit application has been received and is being processed. A decision on the request is scheduled to be decide prior to or along with the subdivision. The traffic study submitted with the application indicates that the intersection of Cottonwood Road and Durston Road will not meet level of service standards in a few years. There are several other large subdivisions in the area which have been approved and will affect this intersection. It is necessary to make improvements to the intersection to comply with Section 38.24.060.B.4, BMC. The City has scheduled improvements to the intersection in 2019 as part of its capital improvement plan. The scheduled improvements do not have adequate funds to complete the required work. The applicant is working with other developers in the area to assemble a funding package to enable completion of the required work. The details of this effort are still being resolved. The approach appears potentially viable. If the details can be finalized before preliminary plat consideration by the City Commission then the required level of service standard can be met. If not, then Condition 26 requires that necessary improvements occur before final plat of the subdivision may be granted. Conditions 15-26 are in place to ensure that the necessary steps are taken to ensure that the streets and woonerfs are constructed, dedicated, and set aside as needed to conform to the PUD, code requirements, and construction requirements. Condition 26 addresses the existing failed condition of the Cottonwood and Durston intersection. The traffic study indicates that the further development of the subdivision will add traffic which 385 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 20 of 28 further burdens the intersection. The City has listed the intersection on the transportation impact fee capital improvement program for improvement in 2019. The applicant and City are working together to find a means to install traffic control necessary to meet the level of service standard. Street lighting is a component of the required street improvements. The applicant has proposed a lighting plan to meet the requirement. A special improvement lighting district is proposed to maintain these facilities. Condition 32 ensures that the SILD will be formed and effective before final plat. The City will be responsible to maintain Durston Road, Laurel Parkway and Westmorland Drive. The Home Owner’s Association (HOA) will be responsible to maintain the woonerfs. Maintenance and use of public streets is subject to the terms of the municipal code. It is important to have clear responsibilities for access and use by the public. Therefore, Condition 14 requires a modification of the covenants to remove language which may potentially conflict with the municipal code. Concurrent Construction: The applicant has requested approval for concurrent construction of infrastructure and homes on Lots 20-25 of Phase 1 and Lots 1-8 of Phase 2. This means that water, sewer, and streets would be constructed at the same time as homes could be built on those lots. Section 38.39.030.D is the governing section for Concurrent Construction. Concurrent Construction for subdivisions requires use of a planned unit development which has been done. There are special procedural requirements to protect public and private safety during the concurrent construction process. If the PUD is approved, then the terms of 38.39.030.D can be met. Code correction A and Condition 36 require that the terms of the section be completed. No authorization to begin work will be given until all required terms have been satisfied. Police/Fire – The area of the subdivision is within the service area of both these department. No concerns on service availability have been identified. Stormwater - The subdivision will construct stormwater control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the stormwater facilities is an obligation of the home owners association. This responsibility is addressed in the covenants proposed with the subdivision. Conditions 29 and 30 require that this responsibility be referenced in the covenants so that owners have an affirmative awareness of this responsibility and applied equitably throughout the development. Parklands - The review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. When making this determination, the review authority shall consider the following: 1. The desirability and suitability of land for parks and playgrounds based on size, topography, shape, location or other circumstances; and 2. The expressed preference of the developer. 386 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 21 of 28 Park staff, RPAB, and Planning staff find the proposed package of improvements consistent with the Park Recreation Open Space and Trails plan, the letter and intent of Article 38.27, BMC, and the Montana Subdivision and Platting Act. The applicant proposes to dedicate slightly over five acres of property, including a portion of the east lake, as a public park. The development proposes 67 homes. The minimum land dedication requirement for this number of homes is 2.01 acres. There is a substantial excess of parkland which will be banked for the use of future phases of the development. A neighborhood center is proposed within the parkland adjacent to Westmorland Drive. Condition 7 requires that an accounting of the parkland assignment to each lot be included with the Conditions of Approval sheet to document compliance with Article 38.27 and to enable adequate review of future phases. The proposed park master plan was received favorably by the Recreation and Parks Advisory Board subdivision review committee. Condition 11 requires an amendment to the park master plan to include a site plan for the neighborhood center at a scale of 1:20. Substantial areas of private open space are also proposed in conjunction with the PUD. These areas will be in the ownership of the HOA and will be maintained by the HOA but are proposed to be publicly accessible. Condition 13 addresses the public access easement required to carry out the proposed accessibility. A network of six foot wide natural fines trails are proposed within the development. The new trails will connect to existing trails to the east and will provide a substantial network throughout the development. Section 11.6 of the covenants provides an easement for public access to the trails. The City is relying upon this easement to meet requirements for Articles 38.27 and 38.24, BMC. Therefore, Condition 28 requires that this section not be altered without written approval by the City. Maintenance of the park and private open space facilities is an obligation of the home owners association. This responsibility is addressed in the covenants proposed with the subdivision. Condition 29 requires that this responsibility be referenced in the covenants so that owners have an affirmative awareness of this responsibility. The maintenance of these facilities is heavily dependent on clear ownership and associated responsibilities. Condition 39 requires plat certificate to transfer ownership of common spaces and associated facilities to the property owner’s association. This does not require any additional facility but simply addresses the ownership. 4) The effect on the Natural environment As described, the site has considerable wetlands and surface waters. There has been no material injury to the natural environment identified with this development. The applicant has proposed the use of drought tolerant grasses in common area. This is consistent with the City’s Integrated Water Resources Plan and Climate Action Plan which encourage conservation of resources. Some areas are already vegetated as a result of the wetland enhancement project. There will be some disturbance of established vegetative areas as a result of the necessary street and trail 387 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 22 of 28 construction. Condition 12 requires that temporary irrigation be provided to support reestablishment of the grasses. The irrigation may be removed after establishment. The City encourages use of wells or surface water rights to irrigate parks rather than municipal water supply. There is a lesser energy and infrastructure cost to this approach. However, in order for the City to rely on these sources it must have the rights to the water. Condition 9 requires that necessary ownership and rights are transferred to the City. The site is areas of high groundwater which may negatively impact future homes. Adequate drainage plans are necessary to prevent the inappropriate transfer of stormwater runoff onto adjacent private property. Conditions 10 and 38 require notification of owners of potential hazard of groundwater and put a procedure in place to avoid in appropriate grade changes. During the period of development for the Valley West PUD which initiated the wetlands project approved through the completed 404 permit the City revised its water course and wetlands standards. The applicant has performed fully on the 404 permit. The proposed development has some stream crossings for trails and has some park and lot area close to the required setback boundary. A PUD relaxation was advertised and considered by the Wetlands Review Board to allow such encroachments into the revised setbacks as may be required to be consistent with the original 404 permit. It has not been documented that encroachments do occur but this was considered by staff to be the correct manner to address this issue in a manner open to public review but still protect the owner’s ability to rely upon the previously issued permitting. 5) The effect on Wildlife and wildlife habitat The site has been substantially impacted already which has reduced wildlife habitat. The approved and constructed 404 permit created additional wetlands which provide small animal and bird habitat. Large animal habitat is displaced. FWP offered comment and did not identify any barriers to this development. The lakes have been established for several years and future stocking of fish is proposed which will create some additional opportunity for water fowl. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. 388 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 23 of 28 Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on January 14, 2015. With the pre-application plan review application, no waivers were granted from the materials required in Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements.” Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Supplemental information was provided showing location of surface waters. The two lakes are the primary distinguishing features of the site. Baxter Creek crosses the site on the eastern side. Most surface waters will be contained within a publicly dedicated park or a protected common open space. The water features and protective regulations do not interfere with any proposed lot location. The lakes are groundwater fed and have an outlet to Aajker Creek on the NW of the western pond. The lakes can be controlled in height in a depth range of approximately 3 feet. 38.41.060.A.2 Floodplains The mapped floodplains for Baxter Creek and Aajker Creek are located in common open spaces or parks. No floodplain encroachments are proposed except for allowed trail crossings. 38.41.060.A.3 Groundwater The groundwater level varies significantly across the site. The highest level is on the east adjacent to Baxter Creek and is at approximately 2 feet in depth. The lowest level is towards the NW portion of the site with a depth of 8 feet. Due to the comparatively high level of ground water Condition 38 requires that a note be placed on the plat advising future lot purchasers of the high groundwater. 38.41.060.A.4 Geology, Soils and Slopes There are no known geologic hazards associated with the site. The property is relatively flat minimizing geologic hazards. 38.41.060.A.5 Vegetation The site is mostly covered with grasses reestablished after the site was used as a gravel pit. A wetlands restoration project was permitted and completed to establish or expand wetlands on the perimeter of the lakes and in the Baxter Creek Natural Area. The US Army Corp of Engineers has given final approval for the wetland project. A variety of woody plants were placed around the lakes which are now ranging from 4 to 6 feet in height. The applicant proposes a mix of low water use grasses for most of the open space and park areas. It will be necessary to have initial irrigation in place to establish new planted areas. Such irrigation systems may be temporary in nature and may be removed after establishment of the vegetation. Condition 12 addresses this issue. 389 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 24 of 28 38.41.060.A.6 Wildlife This is a previously disturbed area. The surface has been substantially disrupted and regarded. It is proposed to stock the lakes with fish after the disruption from construction has ended. Fish, Wildlife and Parks reviewed the application and noted that herons may be in the vicinity but did not request any changes to the development. The additional protection of water features and establishment of wetlands is supportive of small wildlife. The site is an urbanized area and substantial wildlife habitat is not expected to prevail in the long term. 38.41.060.A.7 Historical Features There are no identified historical features on the site. 38.41.060.A.8 Agriculture The site was removed from agricultural uses in the early 2000’s when the original Valley West PUD was developed. The adjacent properties to the north and south are already developed as residential uses or are in process of development. The site has been greatly disturbed in the past by gravel mining operation. Surface soils are no longer suitable for agricultural uses. 38.41.060.A.9 Agricultural Water User Facilities No agricultural water user facilities cross the site. Baxter Creek does carry some supplemental irrigation water but is a natural stream and not subject to maintenance easement. 38.41.060.A.10 Water and Sewer The site will be served with municipal services as discussed under Criteria 3 of the Primary Review Criteria. A lift station is needed to direct sewage flow. Adequate information was provided with the application to facilitate review. Additional design details will be provided during the plan and specification review conducted by the Engineering division prior to construction. 38.41.060.A.11 Stormwater Management The application proposes to manage stormwater onsite. Review of the proposed methods of treatment appears to comply with adopted standards. Further analysis will occur during the plans and specifications review by the Engineering Division. 38.41.060.A.12 Streets, Roads and Alleys A traffic study was provided. Some deficiencies were identified. See the primary review criteria for discussion and related conditions of approval. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide public utility easements along all front, side and rear lot lines as required by Section 38.23.050, BMC. However, in the event front and/or rear yard utility easements are used, side yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from 390 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 25 of 28 all utility companies and Director of Public Works indicating that front and rear yard 10-foot wide easements are adequate to service said subdivision lots. 38.41.060.A.14 Educational Facilities The Bozeman School District’s review comments indicate no impacts requiring mitigation 38.41.060.A.15 Land Use The associated planned unit development is the vehicle to modify lot dimensional standards and uses. If the PUD is approved then the subdivision will be in conformance with required land use regulations. The use proposed is exclusively residential which conforms to the future land use designation and zoning purposes. 38.41.060.A.16 Parks and Recreation Facilities A park master plan was submitted which was reviewed by the Recreation and Parks Advisory Board subdivision review committee. The park plan provided adequate area of park. See discussion under Primary Review Criteria 3 for related conditions. 38.41.060.A.17 Neighborhood Center Plan The neighborhood center proposed in the park south of Westmorland Drive conforms to required standards. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. A lighting plan and installation of lights has been proposed. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All street lights installed shall use LED light heads lights, including bollard light, and shall conform to the City’s requirement for cut-off shields. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article 10.08, BMC, had been suspended by the City Commission. 391 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 26 of 28 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 Subdivision has been submitted in conjunction with a Planned Unit Development. The project subdivides an area included with the original Valley West development begun in the late 1990’s. 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. 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 392 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 27 of 28 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. The 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. As part of the overall design the applicant is proposing developing an unusual cross section for several “woonerfs” which are multi-user streets with a narrow character. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.40, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Additionally, notice of the project was published on the City of Bozeman website. Content of the notice contained all elements required by Article 38.40, BMC. No public comments were received at the planning board hearing. 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 FISCAL EFFECTS The development requires several improvements in the street network. They have requested impact fee credits for improvements to Durston Road and Laurel Parkway, application IFCR- 1501. These projects are listed on the capital improvement program. A separate decision on May 18th will be made on whether the impact fee credits should be granted. Those costs are beyond the analysis in this report. A special surcharge will be required to offset the expenses associated 393 P-15005, Planning Board Staff Report for the Lakes at Valley West Subdivision Page 28 of 28 with service by the sewer lift station. Other than these items no unique fiscal effects have been determined. 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 – Available through the Laserfiche archive linked agenda materials. Planning Board resolution RPAB recommendation 394 The Lakes at Valley West Preliminary Plat 1 RESOLUTION #P15005 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A PRELIMINARY PLAT FOR A TWO PHASE, 62 LOT SUBDIVISION, 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.. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1- 601, M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and WHEREAS, the property owner The Lakes at Valley West, LLC, Greg Stratton, 2880 Technology Boulevard W, Bozeman, MT 59718, represented by Intrinsik Architecture 111 North Tracy Avenue Bozeman, MT 59715 and Morrison Maierle, Inc. 2880 Technology Boulevard W, Bozeman, MT 59718 submitted a Major Subdivision Preliminary Plat Application to subdivide 65 acres into 62 residential lots, with open space and park tracts and two lots for future subdivision on 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; and WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03 of the Bozeman Unified Development Code; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, April 21, 2015, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and WHEREAS, no written comment and no verbal were received from the public; and WHEREAS, members of the City of Bozeman Planning Board discussed the proposed preliminary plat application in regards to the character of the area and the intent of the subdivision and zoning district; and WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, with conditions, the Major Subdivision Preliminary Plat Application would comply with those requirements; and WHEREAS, there was no public comment received in writing or at the public hearing; and 395 The Lakes at Valley West Preliminary Plat 2 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman Planning Board, having considered all relevant materials adopted the findings presented in the staff report for P-15005 and voted to recommend approval of the preliminary plat application with the conditions as outlined in the staff report, 5:1: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. 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. 3. The applicant shall submit with the application for Final Plat 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. 4. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the City of all dedicated parkland and any open space proposed to be conveyed to the City and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the City. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed returned to the City. For personal property installed upon dedicated parkland or City owned open space, the subdivider shall provide the City an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 5. Lots R1 and R2 shall be platted as undevelopable lots in accordance with Section 38.39.080.B.6 BMC. No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. The following language shall be placed on the conditions of approval sheet of the plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lots R1 or R2, of the Lakes at Valley West Subdivision Phase 1 and Phase 2, City of Bozeman, Gallatin County, Montana, that 396 The Lakes at Valley West Preliminary Plat 3 the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lots R1 or R2, of the Lakes at Valley West Subdivision Phase 1 and Phase 2, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.” 6. The Planned Unit Development Final Plan shall be completed and before the approval of the final plat. 7. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat conditions of approval sheet. The table shall explicitly state how much parkland credit was allocated for each lot within the phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. The applicant shall provide a minimum of 2.01 acres of dedicated parkland or equivalent thereof with this major subdivision. This amount is calculated based on 67 dwellings at 0.03 acres per dwelling of dedicated parkland. The subdivider shall provide the necessary declaration and recitals to facilitate the property owners’ association bylaws and/or declaration of covenants, conditions and restrictions. Any cost sharing agreements for maintenance shall be included with the final plat. 8. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 9. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within a dedicated public park shall be transferred to the City of Bozeman with final plat. All wells shall include a meter or other device to determine consumption. 10. Drainage plans shall be required for each lot as part of the building permit application. 11. 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, 397 The Lakes at Valley West Preliminary Plat 4 execution, and maintenance shall be provided for dedicated park and for common open spaces. The park master plan shall include a 1:20 (or other scale agreed to by the Park Department) scale plan for the neighborhood center improvements. 12. The final park plan shall address how required temporary irrigation necessary to establish the proposed grass mixes will be delivered. 13. The final plat shall contain the following notation on the conditions of approval sheet: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within the Lakes at Valley West Phase 1 and Phase 2.” 14. Section 9.12.3 of the covenant shall be revised to remove the reference to Homeowners Association Control of public streets for which the City has maintenance responsibility. 15. The turnaround for Westmorland shall be on a separate easement document referenced on the Conditions of Approval sheet rather than relying only on depiction of the temporary easement on the plat face. 16. Waivers of special improvement districts shall be by documents prepared by the City and may be referenced but shall not be printed in their entirety on the Conditions of Approval Sheet. 17. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 18. The 1 foot wide no access strip along the private lot frontage of Durston Road and Laurel Parkway shall be included on the final plat. 19. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 20. Any dead end street created by phasing that is over 1 lot deep shall have a temporary cul- de-sac installed on the end. 21. Any public street lighting installed by this development shall be LED. 398 The Lakes at Valley West Preliminary Plat 5 22. Any alleys that contain public utilities (water and/or sewer) shall have a minimum of 30’ wide right of way, and shall not contain any other utilities i.e. gas, electric, etc. 23. The sidewalk on Durston shall be 6’ wide and 6” thick. 24. Fifty feet of right of way shall be dedicated for Durston Road. 25. The south half of Durston shall be constructed to a minor arterial standard (mirroring the north half) along the entire frontage of the subdivision. This shall include tapers meeting AASHTO standards to transition back to the existing roadway width on the east and west. 26. The substandard level of service at the intersections of Cottonwood and Durston and Laurel Parkway and Durston shall be mitigated or financially guaranteed according to proportional costs prior to final plat approval and the mitigation complete prior to issuance of a building permit. Building permits may be issued prior to completion of the mitigation measures if the project is approved for concurrent construction under the provision of Section 38.39.030.D of the UDO. 27. Note 5 on the Conditions of Approval sheet shall be revised to reference the Lakes at Valley West Planned Unit Development rather than the Valley West Planned Unit Development. 28. Section 11.6 of the covenants shall not be changed without written approval by the City. 29. Section 12 of the covenants shall be amended to include the obligations of storm water facility and park facility maintenance consistent with the adopted City standards as City required covenants. 30. The property owner’s association documents for this subdivision shall be drafted so that the entirety of the property being subdivided, including the R lots, is subjected to the obligations of park and open space maintenance and storm water facility maintenance at the time of the recording of the first final plat. Contribution to maintenance expenses may be proportionate to the number of lots platted. 31. A public utility easement in favor of the City of Bozeman shall be provided for all stormwater facilities. 32. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat for the Lakes at Valley West Subdivision. As each final plat within the Lakes at Valley West Subdivision is approved the area and number of lots approved for development and associated lighting improvements shall be added to basis of the installed improvements and the fee payers of the district. Areas within the district which are platted as R lots shall not be assessed a fee or if it is determined that a fee must be charged to R Lots the lot shall be assessed as a single lot. 33. The property owners shall be responsible for a sewer surcharge for financing the costs of operation and maintenance of the sewage lift station. 399 The Lakes at Valley West Preliminary Plat 6 34. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 35. All clear distances between the City utilities and right of way lines, gutters, trees, and other utilities shall be maintained as specified in the City Design Standards and Specification Policy. 36. All of the criteria in Section 38.39.030.D of the UDO shall be met to allow for concurrent construction. 37. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 38. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” 39. The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON- PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number ______________________ (To be filled in when recorded) By: (Subdivider) Date: _____________________________ The following are procedural requirements not yet demonstrated by the plat. 400 The Lakes at Valley West Preliminary Plat 7 A. All of the criteria in Section 38.39.030.D of the UDO shall be met to allow for concurrent construction. B. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval. DATED THIS DAY OF , 2015 Resolution #P15005 _____________________________ ____________________________ Chris Saunders Erik Garberg, Chairperson Department of Community Development City of Bozeman Planning Board Video begins at 1:33:30 minutes into the recorded video. 401 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: The Lakes at Valley West – Major Subdivision Pre-Plat, Phases 1 and 2 2. Property Owner Information: Name: The Lakes at Valley West, Bozeman, LLC E-mail Address: gstratton2010@hotmail.com Mailing Address: 2880 Technology Blvd. W., Bozeman, MT 59718 Phone: 1-406-599-5603 FAX: 3. Applicant Information: Name: Kilday & Stratton, Inc. E-mail Address: gstratton2010@hotmail.com Mailing Address: 2880 Technology Blvd. W., Bozeman, MT 59718 Phone: 1-406-599-5603 FAX: 4. Representative Information Name: Intrinsik Architecture, Inc. Name: Morrison-Maierle, Inc. Address: 111 North Tracy Avenue, Bozeman MT 59715 Address: 2880 Technology Blvd W Bozeman MT 59718 Phone: 406-582-8988 Phone: 406-587-0721 Email: sriggs@intrinsikarchitecture.com Email: kjacobsen@m-m.net 5. Legal Description: See Section 5. 6. Street Address: South of Durston Road, East and West of Laurel Parkway extension. 7. Project Description: Major Subdivision Preliminary Plat – see narrative for specifics 8. Zoning Designation(s): R-1 9. Current Land Use(s): Vacant 10. Bozeman Community Plan Designation: “Residential” 11. Gross Area: Acres: 64.89 Square Feet: 2,826,643 12. Net Area: Acres: 6.40 Square Feet: 278,852 402 403 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application Introduction Since its original approval in 2002, the overall design of the award-winning Valley West Planned Unit Development (PUD) has continued to mature and adjust to ongoing parks and wetlands design, changing land use regulations and policies and developing adjoining properties as well as overall market conditions. 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 residential neighborhood. This application includes a subdivision Preliminary Plat for Phases 1 (25 lots) and 2 (37 lots). The master plan (see PUD below) shows likely development patterns for approximately 300 dwelling units on the entire 65 acres for reference only. The property owners require flexibility as future phases are submitted to adjust to continuing changes to the Bozeman market. A Preliminary PUD Modification application has also been submitted in parallel to the Preliminary Plat. The PUD proposes to begin to complete this quality neighborhood by creating progressive residential pocket neighborhoods that are all connected by open spaces, trails, streets and enhanced alleys inspired by the European planning concept of a woonerf. Woonerfs are described in the Unified Development Code as: “streets where pedestrians and cyclists have priority over motorists… Woonerfs may be permitted on public local streets or alleys through the… PUD process” (38.09.030). There are several important known factors that influence and dimensionally challenge the overall site and design including the existing lakes, Baxter Creek Natural Area to the east, the location of Laurel Parkway, the north and south connections for Westgate Avenue, required access separation on Durston Road, the watercourse setback on Baxter Creek and a section of the watercourse setback along Aajker Creek (note that both creeks run through adjacent properties and only a portion of the setback affects the subject site). Document Organization This submittal has been prepared to address all requirements as noted in 38.41.040, BMC. The included content has been organized in a logical way to help ease navigation, and “generally” follows the order of the requirements in the Development Review Application (DRA) and Preliminary Plat Checklist. The PUD, as mentioned above, parallels this submittal and both 404 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application these submittals are designed to provide guidance and baseline information for all subsequent “Lakes” submittals. Future subdivision submittals can therefore be simplified by reducing the amount of duplicate material. This will also help to reduce the substantial amount of paper that a subdivision submittal generates. 405 BASIS OF BEARINGTHE BEARINGS SHOWN HEREON ARE MODIFIED RECORDZ/E'^͘d,ZKZZ/E'͕E͘ϬϭΣϬϲΖϬϱ͕͘͟>KE'THE EAST LINE OF THE NORTHEAST ONE-QUARTER OFSECTION 9, WAS RECOMPUTED BASED ON THERE-ESTABLISHMENT OF OBLITERATED CORNERS BETWEENTHE ONE-QUARTER CORNER BETWEEN SECTION 9 ANDSECTION 10, AND THE CORNER TO SECTIONS 3, 4, 9, ANDϭϬ͘d,Z^h>d/E'Z/E'/^E͘ϬϭΣϬϲΖϬϬ͘͟TRACT 1 OF CERTIFICATE OF SURVEY NO. 1005B AND TRACT 2A OF CERTIFICATE OFSURVEY NO. 1005C, SITUATED IN THE NW1/4 OF THE NE1/4, AND THE NE1/4 OF THE NW1/4OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OFBOZEMAN, GALLATIN COUNTY, MONTANAPRELIMINARY PLATCOTTONWOOD ROADVICINITY MAPBABCOCK ST.DURSTON RD.PROJECT AREAVICINITY MAPOWNERTHE LAKES AT VALLEY WEST, BOZEMAN, LLC2880 TECHNOLOGY BLVD. WESTBOZEMAN, MT. 59718ZONINGCITY OF BOZEMANR-1THE LAKES AT VALLEY WEST - PHASE 1 & PHASE 2PURPOSETO CREATE 62 RESIDENTIAL LOTSRESIDENTIAL DEVELOPMENT OF 62 LOTSI, Daniel J. Boers, Montana Professional Land Surveyor License No. 14732LS, hereby certify that the Final Plat ofThe Lakes at Valley West Phase 1 & Phase 2 was surveyed under my supervision between October 2015 andJanuary 2015, and platted the same as shown on the accompanying plat and as described in accordance with theprovisions of the Montana Subdivision and Platting Act, §76-3-101 through §76-3-625, M.C.A., and the BozemanUnified Development Ordinance. I further certify that monuments which have not been set by the filing date of thisinstrument will be set by August 2015, due to public improvements construction pursuant to 24.183.1101(1)(d)A.R.M.Dated this___________day of_________________, 2015.________________________________________________________Daniel J. Boers, PLS, CFedSMT Reg. #14732LSMorrison-Maierle, Inc.THE LAKES AT VALLEY WEST, BOZEMAN, LLC.By: JSKHGK Investments 1, LLCIts: Manager______________________________________________________________________________________James S. Kaiser, MemberDatedState of ____________________________________County of ___________________________________On this ________________ day of ___________________________, 2015, before me, the undersignedNotary Public for the State of _____________________ personally appeared _______________________,known to me to be the Member of The Lakes at Valley West, Bozeman, LLC. and acknowledged to me thatsaid LLC executed the same.Notary Public in and for the State of ___________________Printed Name _____________________________________Residing at _______________________________________My commission expires _____________________________CERTIFICATE OF COMPLETION OF IMPROVEMENTSI, James S. Kaiser and I, Kevin D. Jacobsen, a registered professional engineer licensed to practice in the stateof Montana, hereby certify that the following improvements, required to meet the requirements of chapter 38 ofthe Bozeman Municipal Code or as conditions of approval of the Final Plat of The Lakes at Valley West Phase 1& Phase 2, have been installed in conformance with the approved plans and specifications, or financiallyguaranteed and covered by the improvements agreement accompanying this plat.Installed Improvements:1. Water and Sewer Services2. Site Grading and DrainageFinancially Guaranteed Improvements:1. Concrete SidewalksThe subdivider hereby warrants against defects in these improvements for a period of two years from the date ofacceptance by the City of Bozeman.The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the Cityhereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty._______________________________________ ____________________________James S. Kaiser, MemberDatedThe Lakes at Valley West, Bozeman, LLC._______________________________________ ____________________________Kevin D. Jacobsen, No. 13897PEDatedMorrison Maierle, Inc._______________________________________ ____________________________Craig WoolardDatedDirector of Public ServiceCity of Bozeman, MTI, Craig Woolard, Director of Public Service, City of Bozeman, Montana, do hereby certify that theaccompanying plat has been duly examined and has found the same to conform to the law, approve it, andhereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the platas being dedicated to such use.Dated this __________ day of ____________________, 2015.________________________________________Craig WoolardDirector of Public ServiceCity of Bozeman, MTI, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat hasbeen duly examined and that all real property taxes and special assessments assessed and levied on the landto being divided have been paid.Dated this __________ day of ____________________, 2015.________________________________________Kimberly BuchananTreasurerGallatin County, MontanaCERTIFICATE OF COUNTY TREASURERI, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrumentwas filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________,2015, and recorded in Book ______ of Plats on page __________, and Document # ____________________,Records of the Clerk and Recorder, Gallatin County, Montana.Dated this __________ day of ____________________, 2015.________________________________________Charlotte MillsClerk and RecorderGallatin County, MontanaCERTIFICATE OF CLERK AND RECORDERFinal Plat of The Lakes at Valley West Phase 1 & Phase 2, Gallatin County, Montana, is within the City of Bozeman,Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adoptedpursuant to section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequatemunicipal facilities. Therefore under the provisions of Section 76-4-125(2)(d), MCA, this survey is excluded from therequirement for Montana Department of Environmental Quality review.Dated this ________________________ day of _______________________________, 2015.__________ ______________________Craig WoolardDirector of Public ServiceCity of Bozeman, MTCERTIFICATE OF EXCLUSION FROM MONTANADEPARTMENT OF ENVIRONMENTAL QUALITY REVIEWCERTIFICATE OF DIRECTOR OF PUBLIC SERVICECERTIFICATE OF SURVEYORWe, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided andplatted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereuntoincluded the following described tract of land to wit:Tract 1 of Certificate of Survey No. 1005B, and Tract 2A of Certificate of Survey No. 1005C, situated in theNW¼NE¼ and the NE¼NW¼ of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman,Gallatin County, Montana, more particularly described as follows:Commencing at the Corner to Sections 4, 5, 8, and 9, Township 2 South, Range 5 East, Principal Meridian, asdescribed on Certified Corner Recordation, Book 2, Page 1572, Document No. 380638, filed at the Gallatin CountyClerk and Recorder's Office; thence N.88° 04' 19"E. for 1337.30 feet to the West One-sixteenth Corner betweenSection 4 and Section 9, being the northwest corner of Tract 1 of Certificate of Survey No. 1005B,the Point of Beginning; thence continuing N.88° 04' 19"E. for 1337.30 feet to the One-quarter Corner betweenSection 4 and Section 9, being the north corner common to Tract 1 of Certificate of Survey No. 1005B and Tract 2Aof Certificate of Survey No. 1005C; thence N.89° 46' 59"E. for 826.90 feet to the north corner common to Tract 2Aof Certificate of Survey No. 1005C, and Bronken Park of Valley West Subdivision, Plat J-320, from which the Cornerto Sections 3, 4, 9, and 10, as described on Certified Corner Recordation, Book 4, Page 572, Document No. 2504595,filed at the Gallatin County Clerk and Recorder's Office, bears N.89° 46' 59"E., 1816.88 feet distant; thenceS.01° 02' 06"W. for 659.22 feet to an angle point between Tract 2A of Certificate of Survey No. 1005C, and BronkenPark of Valley West Subdivision, Plat J-320; thence S.24° 35' 54"W. for 437.25 feet to an angle point between Tract2A of Certificate of Survey No. 1005C, and Bronken Park of Valley West Subdivision, Plat J-320; thenceS.01° 02' 06"W. for 289.84 feet to the south corner common to Tract 2A of Certificate of Survey No. 1005C, andBronken Park of Valley West Subdivision, Plat J-320, being a point on the north line of SW¼NE¼ of said Section 9;thence S.89° 19' 38"W. for 650.69 feet to the Center-North One-sixteenth Corner of said Section 9, being the southcorner common to Tract 1 of Certificate of Survey No. 1005B and Tract 2A of Certificate of Survey No. 1005C;thence S.88° 28' 17"W. for 1337.16 feet to the Northwest One-sixteenth Corner of said Section 9, being the southcorner common to Tract 1 of Certificate of Survey No. 1005B and Tract 2 of Certificate of Survey No. 1581; thenceN.00° 59' 02"E. for 1341.86 feet to the West One-sixteenth Corner between Section 4 and Section 9,the Point of Beginning. The Area of the above described tracts of land is 64.89 Acres, more or less.The above-described tract of land is to be known and designated as “The Lakes at Valley West - Phase 1 andPhase 2”, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, andparks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the publicuse and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parksor public lands dedicated to the public are accepted for public use, but the city accepts no responsibility formaintaining the same. The owner agrees that the city has no obligation to maintain the lands included in allstreets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The lands included in allstreets, avenues, alleys, and parks or public lands dedicated to the public for which the city accepts responsibilityfor maintenance include (list specific streets, avenues, alleys for other public lands).The undersigned hereby grants unto each and every person firm or corporation, whether public or private,providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility orservice, the right to the joint use of an easement for the construction, maintenance, repair and removal of theirlines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" tohave and to hold forever.CERTIFICATE OF DEDICATIONAll streets, alleys, and rights-of-way, shown hereon as "DEDICATED", are not easements.The intent of the dedication is to convey all the streets, alleys, and rights-of-way to the public,upon acceptance by the governing authority.DEDICATION AND EASEMENT NOTE406 R-3R-2R-1PL-1UNZONEDUNZONEDR-2R-3R-4FOUND 5/8" REBAR WITHYELLOW PLASTIC CAP MARKED"MORRISON MAIERLE, INC."NO MONUMENT FOUND.RE-ESTABLISHED ATTHE RECORD POSITIONNO MONUMENT FOUND.POINT FOR SOUTHEASTCORNER OF TRACT 2ARE-ESTABLISHED AT THERECORD POSITIONPOINT FOR THE CENTER-NORTH 1/16 CORNERRE-ESTABLISHED AT THE RECORD POSITION SHOWNON C.O.S. 1005B. ORIGINAL MONUMENT WAS LIKELYDESTROYED BY UTILITY INSTALLATION.FOUND 5/8" REBAR WITH A YELLOW PLASTIC CAP MARKED"MORRISON-MAIERLE, INC." AT A POINT S. 66°18'19" E., 0.27FEET FROM THE POINT SHOWN ON C.O.S. 1005B, & N.15°22'16" E., 0.85 FEET FROM THE POINT FOR THESOUTHEAST CORNER OF TRACT 2 OF C.O.S. 1581POINT FOR W 1/16 CORNER FALLSIN DURSTON ROAD FROM WHICH AFOUND REBAR WITH A YELLOWPLASTIC CAP, 5606S, BEARS S.01°38'14" W., 32.38 FEETWESTMORLAND DRIVE (60' R/W)DURSTON ROADLAUREL PARKWAY (90' R/W)CORNER TO SECTIONS 4,5,8,AND 9 RE-ESTABLISHED ATTHE RECORD POSITION ASDESCRIBED ON CCR BOOK 2,PAGE 1572, DOC. 380638CCR FILED CONCURRENTLYPOINT FOR THE 1/4 CORNER BETWEENSECTION 4 AND SECTION 9RE-ESTABLISHEDAT THE RECORD POSITION. CCR FILEDCONCURRENTLY.P.O.B.30' PUBLIC WATEROR SANITARY SEWERUTILITY EASEMENTNW 1/16C-N 1/1645'EXISTINGPUBLICSTREETEASEMENT45'EXISTINGPUBLICSTREETEASEMENTEXISTING 65' PUBLICSTREET ANDUTILITYEASEMENT100' DIA. TEMPORARYCUL-DE-SAC EASEMENTW 1/16S41/445'EXISTINGEASEMENTSE 1/4 NW 1/4 S. 9SW 1/4 NE 1/4 S. 9ZONINGBOUNDARYZONING BOUNDARYNORTH-SOUTHCENTERLINE OFSECTION 9 32' R/W (TYP.)BASIS OF BEARINGTHE BEARINGS SHOWN HEREON ARE MODIFIED RECORDZ/E'^͘d,ZKZZ/E'͕E͘ϬϭΣϬϲΖϬϱ͕͘͟>KE'THE EAST LINE OF THE NORTHEAST ONE-QUARTER OFSECTION 9, WAS RECOMPUTED BASED ON THERE-ESTABLISHMENT OF OBLITERATED CORNERS BETWEENTHE ONE-QUARTER CORNER BETWEEN SECTION 9 ANDSECTION 10, AND THE CORNER TO SECTIONS 3, 4, 9, ANDϭϬ͘d,Z^h>d/E'Z/E'/^E͘ϬϭΣϬϲΖϬϬ͘͟TRACT 1 OF CERTIFICATE OF SURVEY NO. 1005B AND TRACT 2A OF CERTIFICATE OFSURVEY NO. 1005C, SITUATED IN THE NW1/4 OF THE NE1/4, AND THE NE1/4 OF THE NW1/4OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OFBOZEMAN, GALLATIN COUNTY, MONTANAPRELIMINARY PLATCOTTONWOOD ROADHUFFINE LANEVICINITY MAPN.T.S.PHASE 3AFERGUSON AVEBABCOCK ST.DURSTON RD.PROJECT AREAPHASE 2VICINITY MAPZONINGCITY OF BOZEMANR-1THE LAKES AT VALLEY WEST - PHASE 1 & PHASE 2PURPOSETO CREATE 62 RESIDENTIAL LOTSRESIDENTIAL DEVELOPMENT OF 62 LOTSLEGENDFOUND REBAR WITH A PLASTIC CAPFOUND REBAR WITH AN ALUMINUM CAPSET REBAR, 5/8 IN. DIAM. WITH YELLOW PLASTIC CAPMARKED "MORRISON-MAIERLE INC. 14732LS"SET REBAR, 5/8 IN. DIAM. WITH AN ALUMINUM CAP, 2 IN.DAIM. MARKED "MORRISON-MAIERLE INC. 14732LS"FOUND SECTION CORNER AS NOTEDFOUND ONE-QUARTER CORNERRECORD N01°06'05" E 2660.45'MEASURED N01°06'00" E 2660.45'EDGE OF WATER(TYP.)AREA SUMMARY- PH. 1&2LOT AREA:RESIDUAL LOT AREA:PUBLIC R-O-W AREA:PUBLIC R-O-W AREA (MODIFIED ALLEY):OPEN SPACE (PUBLIC):DEDICATED PARKLAND:TOTAL AREA:6.40 ac (278852) SqFt41.99 ac (1828910) SqFt7.13 ac (225295) SqFt1.08 ac (46806) SqFt3.21 ac (140025) SqFt 5.08 ac (221067) SqFt64.89 ac (2826643) SqFtOWNERTHE LAKES AT VALLEY WEST, BOZEMAN, LLC2880 TECHNOLOGY BLVD. WESTBOZEMAN, MT. 59718All streets, alleys, and rights-of-way, shown hereon as "DEDICATED", are not easements.The intent of the dedication is to convey all the streets, alleys, and rights-of-way to the public,upon acceptance by the governing authority.DEDICATION AND EASEMENT NOTE50' 50' 50' 50'60'60'60'45'45'45'45'407 LOT 14050 sq.ft.LOT 24050 sq.ft.LOT 34050 sq.ft.LOT 44050 sq.ft.LOT 54050 sq.ft.LOT 64050 sq.ft.LOT 94550 sq.ft.LOT 163000 sq.ft.LOT 173440 sq.ft.LOT 183684 sq.ft.LOT 193119 sq.ft.LOT 186000 sq.ft.S89° 46' 57"W105.00N0° 13' 01"W55.00N89° 46' 59"E105.00S0° 13' 01"E55.00N0° 13' 01"W50.00S0° 13' 00"E50.00S89° 46' 59"W105.00S0° 12' 00"E54.00S89° 46' 59"W104.96N0° 13' 01"W55.00N0° 13' 01"W50.00L=51.04'R=160.00S89° 46' 59"W95.87L=140.87'R=160.00N0° 13' 01"W96.97N89° 46' 59"E64.95S0° 13' 01"E88.20L=23.08'R=160.00S89° 46' 59"W41.95N0° 13' 01"W80.00N0° 13' 01"W9.86N0° 13' 01"W80.00N89° 46' 59"E63.40S89° 46' 59"W63.40N0° 13' 01"W80.00N89° 46' 59"E63.40S89° 46' 59"W63.40N0° 13' 01"W80.00N89° 46' 59"E63.40S89° 46' 59"W63.40N0° 58' 16"E91.22S89° 01' 44"E63.90S0° 13' 01"E9.87S89° 46' 59"W65.78N89° 01' 44"W64.68N0° 58' 16"E68.96L=31.00'R=20.00N89° 46' 59"E43.24S0° 13' 01"E80.00S0° 13' 01"E9.87S0° 13' 01"E80.00S89° 46' 59"W63.40N89° 46' 59"E63.40S0° 13' 01"E80.00S89° 46' 59"W63.40N89° 46' 59"E63.40S0° 13' 01"E80.00S89° 46' 59"W63.40N89° 46' 59"E63.40S0° 13' 01"E69.86S89° 46' 59"W63.65N0° 13' 01"W9.86N89° 46' 59"E43.65L=31.4 2 'R=20.0 0 N0° 13' 01"W80.00N89° 46' 59"E82.18S0° 13' 01"E60.00L=31.42'R=20.00S89° 46' 59"W62.18N0° 13' 01"W80.00N89° 46' 59"E75.00S89° 46' 59"W75.00N0° 13' 01"W80.00N89° 46' 59"E75.00S89° 46' 59"W75.00S89° 46' 59"W63.42L=31.83'R=20.00N0° 58' 16"E59.60N89° 46' 59"E82.18N89° 01' 44"W105.00N0° 58' 16"E53.79N89° 46' 59"E105.02S0° 58' 16"W55.97N89° 01' 44"W105.00N0° 58' 16"E50.00S0° 58' 16"W50.00N89° 01' 44"W105.00N0° 58' 16"E50.00S0° 58' 16"W50.00S0° 58' 16"W50.00N89° 01' 44"W105.00N0° 58' 16"E50.00N89° 01' 44"W105.00N0° 58' 16"E50.00S0° 58' 16"W50.00S89° 46' 59"W105.02N0° 58' 16"E63.00S0° 58' 16"W60.82N89° 01' 44"W108.00N0° 58' 16"E37.50S89° 01' 44"E108.00S0° 58' 16"W37.50N89° 01' 44"W108.00N0° 58' 16"E37.50S0° 58' 16"W37.50N89° 01' 44"W108.00N0° 58' 16"E37.50S0° 58' 16"W37.50N89° 01' 44"W108.00N0° 58' 16"E37.50S0° 58' 16"W37.50N89° 01' 44"W108.00N0° 58' 16"E37.50S0° 58' 16"W37.50N89° 01' 44"W108.00N0° 58' 16"E37.50S0° 58' 16"W37.50S89° 46' 59"W108.02S84° 23' 06"E50.00S0° 58' 16"W82.83S89° 46' 59"W18.60L=38.29'R=490.00N5° 36' 54"E86.84N5° 36' 54"E86.80S84° 23' 06"E25.00L=25.00'R=490.00N12° 48' 43"E83.78S84° 23' 06"E37.50L=48.16'R=490.00S84° 23' 06"E37.50L=44.25'R=490.00N17° 59' 19"E77.40S0° 58' 16"W75.00S0° 58' 16"W75.00N89° 01' 44"W40.00S89° 01' 44"E40.00N89° 01' 44"W47.02S89° 01' 44"E27.02L=31.42 'R=20.0 0 S0° 58' 16"W55.00N0° 58' 16"E78.99N88° 04' 19"E47.08S0° 58' 16"W61.37L=31.42'R=20.00N89° 01' 44"W27.02N0° 58' 16"E76.96N88° 04' 19"E40.05N89° 01' 44"W40.00N88° 04' 19"E40.05LOT 15775 sq.ft.LOT 25250 sq.ft.LOT 35775 sq.ft.LOT 45090 sq.ft.LOT 56049 sq.ft.LOT 65824 sq.ft.LOT 85072 sq.ft.LOT 75072 sq.ft.LOT 95072 sq.ft.LOT 105870 sq.ft.LOT 155634 sq.ft.LOT 145072 sq.ft.LOT 135072 sq.ft.LOT 115605 sq.ft.LOT 125072 sq.ft.LOT 166489 sq.ft.LOT 176000 sq.ft.LOT 196551 sq.ft.LOT 256500 sq.ft.LOT 245250 sq.ft.LOT 235250 sq.ft.LOT 225250 sq.ft.LOT 205763 sq.ft.LOT 215250 sq.ft.LOT 102173 sq.ft.LOT 113660 sq.ft.LOT 123283 sq.ft.LOT 203038 sq.ft.LOT 212868 sq.ft.LOT 223513 sq.ft.LOT 153000 sq.ft.LOT 143829 sq.ft.LOT 74050 sq.ft.LOT 85240 sq.ft.L=19.83'R=52.00L=12.96'R=52.00N89° 01' 44"W24.50N89° 01' 44"W40.00S0° 58' 16"W74.94S1° 05' 17"E74.56S88° 04' 19"W40.05N84° 47' 30"E70.54N35° 09' 25" W 93.25 N26° 44' 50"E67.03L=19.83'R=52.00S66° 27' 46"E76.56N19° 42' 50"E42.43L=12.05'R=52.00S19° 42' 50"W25.39S19° 42' 50"W40.00S19° 42' 50"W40.00S19° 42' 50"W50.00S70° 17' 10"E75.00S70° 17' 10"E75.00S70° 17' 10"E75.00N19° 42' 50"E40.00N19° 42' 50"E40.00N19° 42' 50"E50.00N70° 17' 10"W75.00N84° 23' 06"W50.02S19° 42' 50"W65.40S70° 17' 10"E36.09L=14.75'R=490.00S89° 01' 44"E40.00N89° 01' 44"W40.00S0° 58' 16"W75.00S89° 01' 44"E64.28S19° 42' 50"W64.87L=24.87'R=20.00S0° 58' 16"W37.50S0° 58' 16"W37.50N89° 01' 44"W108.00S0° 58' 16"W47.40S0° 58' 16"W49.63LOT 133558 sq.ft.LOT 233452 sq.ft.LOT 243000 sq.ft.LOT 253000 sq.ft.LOT 263000 sq.ft.LOT 374500 sq.ft.LOT 354365 sq.ft.LOT 344362 sq.ft.LOT 334364 sq.ft.LOT 324362 sq.ft.LOT 314202 sq.ft.LOT 304000 sq.ft.LOT 294000 sq.ft.LOT 284500 sq.ft.S0° 13' 01"E100.00N89° 46' 59"E45.00S89° 46' 59"W45.00S89° 46' 59"W30.58LOT 364086 sq.ft.L=11.13'R=650.00S0° 13' 01"E100.00S0° 45' 51"W100.00N89° 46' 59"E30.58L=9.42'R=550.00L=40.01'R=550.00S4° 55' 55"W100.00L=47.28'R=650.00L=47.26'R=650.00L=47.27'R=650.00L=47.23'R=655.18L=25.93'R=629.12S70° 17' 10"E18.09N70° 17' 10"W40.00N70° 17' 10"W40.00N70° 17' 10"W45.00S19° 42' 50"W100.00S70° 17' 10"E45.00S70° 17' 10"E40.00S70° 17' 10"E40.00S70° 17' 10"E18.09L=21.91'R=550.00L=40.00'R=550.00L=40.00'R=550.00L=39.99'R=550.00S9° 05' 52"W100.00S13° 15' 53"W100.00S17° 24' 33"W100.01S19° 42' 50"W100.00S19° 42' 50"W100.00S19° 42' 50"W100.00LOT 273750 sq.ft.CITY PARK 15.08 acs.221067 sq.ft.L=1.00'R=160.00OPEN SPACE B0.42 acs.18265 sq.ft.OPEN SPACE D0.45 acs.19808 sq.ft.OPEN SPACE A0.08 acs.3342 sq.ft.OPEN SPACE C0.27 acs.11721 sq.ft.OPEN SPACE E0.14 acs.6261 sq.ft.OPEN SPACE F1.85 acs.80628 sq.ft.BF SS SS SSSSSSSS NG NG NG NGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGBPBP BP OOOOOOOOOOOOOOOOONG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NG NGBTBTBTBTBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBP BP OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPSSBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBT OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOOOOOOOOOOOOOOOOOOBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGNGCOTTONWOOD ROADHUFFINE LANEVICINITY MAPN.T.S.PHASE 3AFERGUSON AVEBABCOCK ST.DURSTON RD.PROJECT AREAPHASE 2VICINITY MAPPHASE 1PHASE 2LAUREL PARKWAYWESTMORLAND DRIVEDURSTON ROADEXISTING SANITARYSEWER FORCEMAINLEGENDEXISTING ROAD/// ///EXISTINGWATER LINEEX W 8SEWER LINEEX SSCONTOUR W/ INDEXFIRE HYDRANTWATER VALVEWATER LINEWSEWER LINESSWATER VALVEPUBLIC UTILITY EASEMENTPUBLIC RIGHT OF WAYPUBLIC OPEN SPACEDEDICATED PARK LANDPROPOSEDPUBLIC RIGHT OF WAY(MODIFIED ALLEY)RESIDENTIAL LOTSBURIED TELEPHONESEWER VALVEELETRICAL METERPOWER POLEMAILBOXLIGHT POLESEWER MANHOLEWATER MANHOLESPRINKLER CONTROL VALVETELEPHONE BOXTEST PITDECIDUOUS TREEOVERHEAD POWERCONTROL POINTS100' DIA.TEMPORARYCUL-DE-SACEASEMENTZONINGCITY OF BOZEMANR-1PURPOSETO CREATE 62 RESIDENTIAL LOTSRESIDENTIAL DEVELOPMENT OF 62 LOTSA PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 1005B AND A PORTION OFTRACT 2A OF CERTIFICATE OF SURVEY NO. 1005C, SITUATED IN THE NW1/4 OF THE NE1/4,AND THE NE1/4 OF THE NW1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST,PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAPRELIMINARY PLATTHE LAKES AT VALLEY WEST - PHASE 1 & PHASE 2BASIS OF BEARINGTHE BEARINGS SHOWN HEREON ARE MODIFIED RECORDZ/E'^͘d,ZKZZ/E'͕E͘ϬϭΣϬϲΖϬϱ͕͘͟>KE'THE EAST LINE OF THE NORTHEAST ONE-QUARTER OFSECTION 9, WAS RECOMPUTED BASED ON THERE-ESTABLISHMENT OF OBLITERATED CORNERS BETWEENTHE ONE-QUARTER CORNER BETWEEN SECTION 9 ANDSECTION 10, AND THE CORNER TO SECTIONS 3, 4, 9, ANDϭϬ͘d,Z^h>d/E'Z/E'/^E͘ϬϭΣϬϲΖϬϬ͘͟PUBLIC UTILITY EASEMENTP.U.E.45' PUBLIC STREET EASEMENTPER FILM 180, PAGE 8065' PUBLIC STREETAND UTILITY EASEMENTPER DOC. 225727790' PUBLIC STREET ANDUTILITY EASEMENTPER DOC. 2342377OWNERTHE LAKES AT VALLEY WEST, BOZEMAN, LLC2880 TECHNOLOGY BLVD. WESTBOZEMAN, MT. 59718All streets, alleys, and rights-of-way, shown hereon as "DEDICATED", are not easements.The intent of the dedication is to convey all the streets, alleys, and rights-of-way to the public,upon acceptance by the governing authority.DEDICATION AND EASEMENT NOTE408 S89° 46' 57"W105.00N0° 13' 01"W55.00N89° 46' 59"E105.00N0° 13' 01"W50.00S89° 46' 59"W105.00N0° 13' 01"WN89° 46' 59"EL=31.42'R=20.00N89° 46' 59"ES0° 13' 01"E60.00L=31.42'R=20.00LOT 15775 sq.ft.LOT 25250 sq.ft.OPEN SPACE B0.42 acs.18265 sq.ft.OOOOOO1.00'0N89° 46' 59"EL=3 1.83'R =20 .00N0° 58' 16"E59.60N89° 46' 59"EN89° 01' 44"W105.00N89° 46' 59"E105.02S0° 58' 16"W55.97N89° 01' 44"W105.00S0° 58' 16"W50.00LOT 196551 sq.ft.LOT 205763 sq.ft.LOT 215250 sq.ft.OOOOOOBTBTBTBTBTBTBTBTBTDURSTON ROADLOT 14050 sq.ft.LOT 24050 sq.ft.LOT 34050 sq.ft.LOT 183684 sq.ft.N89° 01' 44"W108.00N0° 58' 16"E37.50S89° 01' 44"E108.00N89° 01' 44"W108.00N0° 58' 16"E37.50N89° 01' 44"W108.00N0° 58' 16"E37.50S89° 01' 44"EL=31.4 2'R=20.0N88° 04' 19"E47.08S0° 58' 16"W61.37L=31.42'R=20.00N89° 01' 44"WOPEN SPACE D0.45 acs.19808 sq.ft.OOOOOOLOT 14050 sq.ft.LOT 24050 sq.ft.LOT 34050 sq.ft.LOT 183684 sq.ft.N89° 01' 44"W108.00N0° 58' 16"E37.50S89° 01' 44"E108.00N89° 01' 44"W108.00N0° 58' 16"E37.50N89° 01' 44"W108.00N0° 58' 16"E37.50S89° 01' 44"EL=31.4 2'R=20.0N88° 04' 19"E47.08S0° 58' 16"W61.37L=31.42'R=20.00N89° 01' 44"WOPEN SPACE D0.45 acs.19808 sq.ft.OOOOOO1.00'0N89° 46' 59"EL=3 1.83'R =20 .00N0° 58' 16"E59.60N89° 46' 59"EN89° 01' 44"W105.00N89° 46' 59"E105.02S0° 58' 16"W55.97N89° 01' 44"W105.00S0° 58' 16"W50.00LOT 196551 sq.ft.LOT 205763 sq.ft.LOT 215250 sq.ft.OOOOOOBTBTBTBTBTBTBTBTBTDURSTON ROADS89° 46' 57"W105.00N0° 13' 01"W55.00N89° 46' 59"E105.00N0° 13' 01"W50.00S89° 46' 59"W105.00N0° 13' 01"WN89° 46' 59"EL=31.42'R=20.00N89° 46' 59"ES0° 13' 01"E60.00L=31.42'R=20.00LOT 15775 sq.ft.LOT 25250 sq.ft.OPEN SPACE B0.42 acs.18265 sq.ft.OOOOOORESIDENTIAL DEVELOPMENT OF 62 LOTSCONDITIONS:BUYERS OF PROPERTY SHOULD ENSURE THAT THEY HAVE OBTAINED AND REVIEWED ALL SHEETS OF THE PLATAND ALL DOCUMENTS RECORDED AND FILED IN CONJUNCTION WITH THE PLAT AND BUYERS OF PROPERTY ARESTRONGLY ENCOURAGED TO CONTACT THE LOCAL PLANNING DEPARTMENT AND BECOME INFORMED OF ANYLIMITATIONS ON THE USE OF THE PROPERTY PRIOR TO CLOSING.THE UNDERSIGNED PROPERTY OWNER ACKNOWLEDGES THAT THERE ARE FEDERAL, STATE, AND LOCAL PLANS,POLICIES, REGULATIONS, AND/OR CONDITIONS OF SUBDIVISION APPROVAL THAT MAY LIMIT THE USE OF THEPROPERTY, INCLUDING THE LOCATION, SIZE, AND USE.CONDITIONS OF APPROVAL SHEETTHE LAKES AT VALLEY WEST, BOZEMAN, LLC.By: JSKHGK Investments 1, LLCIts: Manager______________________________________________________________________________________James S. Kaiser, MemberDatedState of ____________________________________County of ___________________________________On this ________________ day of ___________________________, 2015, before me, the undersigned NotaryPublic for the State of _____________________ personally appeared _______________________, known to meto be the Managing Partner of The Lakes at Valley West, Bozeman, LLC. and acknowledged to me that said LLCexecuted the same.Notary Public in and for the State of ___________________Printed Name _____________________________________Residing at _______________________________________My commission expires _____________________________1. NOTICE IS HEREBY GIVEN TO ALL POTENTIAL PURCHASERS OF LOT R1 AND LOT R2 OF THE PLAT OF THELAKES AT VALLEY WEST SUBDIVISION PHASES 1 AND 2, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANATHAT THE FINAL PLAT OF THE SUBDIVISION WAS APPROVED BY THE CITY COMMISSION WITHOUTCOMPLETION OF ON AND OFF-SITE IMPROVEMENTS REQUIRED UNDER THE BOZEMAN MUNICIPAL CODE ASIS ALLOWED IN ARTICLE 38.39 OF THE BOZEMAN MUNICIPAL CODE. AS SUCH, THIS RESTRICTION IS FILEDWITH THE FINAL PLAT THAT STIPULATES THAT ANY USE OF THIS LOT SHALL OCCUR UNTIL ALL ON ANDOFF-SITE IMPROVEMENTS ARE COMPLETED AS REQUIRED UNDER THE BOZEMAN MUNICIPAL CODE.THEREFORE, BE ADVISED, THAT BUILDING PERMITS WILL NOT BE ISSUED FOR LOT R1 OR LOT R2 OF THEPLAT OF THE LAKES AT VALLEY WEST SUBDIVISION PHASES 1 AND 2, CITY OF BOZEMAN, GALLATIN COUNTY,MONTANA UNTIL ALL REQUIRED ON AND OFF-SITE IMPROVEMENTS ARE COMPLETED AND ACCEPTED BY THECITY OF BOZEMAN. NO BUILDING OR STRUCTURE REQUIRING WATER OR SEWER FACILITIES SHALL BEUTILIZED ON THIS LOT UNTIL THIS RESTRICTION IS LIFTED. THIS RESTRICTION RUNS WITH THE LAND IS ISREVOCABLE ONLY BY FURTHER SUBDIVISION OR DEVELOPMENT REVIEW.2. DUE TO THE POTENTIAL OF HIGH GROUND WATER TABLES IN THE AREAS OF THE SUBDIVISION, IT IS NOTRECOMMENDED THAT RESIDENTIAL DWELLINGS OR OTHER STRUCTURES WITH FULL OR PARTIALBASEMENTS BE CONSTRUCTED WITHOUT FIRST CONSULTING A PROFESSIONAL ENGINEER LICENSED IN THESTATE OF MONTANA AND QUALIFIED IN THE CERTIFICATION OF RESIDENTIAL AND COMMERCIALCONSTRUCTION.3. CITY STANDARD SIDEWALKS (INCLUDING A CONCRETE SIDEWALK SECTION THROUGH ALL PRIVATE DRIVEAPPROACHES) SHALL BE CONSTRUCTED ON ALL PUBLIC AND PRIVATE STREET FRONTAGES PRIOR TOOCCUPANCY OF ANY STRUCTURE ON INDIVIDUAL LOTS. UPON THE THIRD ANNIVERSARY OF THE PLATRECORDATION OF ANY PHASE OF THE SUBDIVISION, ANY LOT OWNER WHO HAS NOT CONSTRUCTED THEREQUIRED SIDEWALK SHALL, WITHOUT FURTHER NOTICE, CONSTRUCT WITHIN 30 DAYS, THE SIDEWALK FORTHEIR LOT(S), REGARDLESS OF WHETHER OTHER IMPROVEMENTS HAVE BEEN MADE UPON THE LOT.4. LOTS ALONG DURSTON ROAD AND LAUREL PARKWAY HAVE A 1' WIDE VEHICULAR NO-ACCESS EASEMENTUNLESS OTHERWISE NOTED. DIRECT ACCESS TO DURSTON ROAD OR LAUREL PARKWAY WILL NOT BEALLOWED FOR SINGLE FAMILY OR DUPLEX LOTS.5. ALL PORTIONS OF THIS SUBDIVISION ARE ZONED R-1. LAND USES SHALL BE ESTABLISHED IN ACCORDANCEWITH THE VALLEY WEST PUD.6. FRONT SETBACK ENCROACHMENTS ARE ALLOWED AS PROVIDED IN THE PROTECTIVE COVENANTS ANDRESTRICTIONS FOR THE VALLEY WEST PLANNED UNIT DEVELOPMENT.7. ALL PUBLIC PARK AND OPEN SPACE PARCELS ARE HEREBY ENCUMBERED BY A PUBLIC ACCESS EASEMENT.SPECIAL IMPROVEMENT DISTRICT WAIVERS:WE, THE UNDERSIGNED PROPERTY OWNER(S) OF THE LAKES AT VALLEY WEST PHASES 1 AND 2 HEREBY WAIVE THE RIGHTTO PROTEST THE CREATION OF SPECIAL IMPROVEMENTS DISTRICT (SID) FOR THE FOLLOWING:1. XXX2. XXX3. XXXXTHIS WAIVER SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL NOT EXPIRE.IN THE EVENT THAT AN SID IS NOT UTILIZED FOR THE COMPLETION OF THESE IMPROVEMENTS, THE UNDERSIGNEDPROPERTY OWNER(S), OR THEIR HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS AGREE TO PARTICIPATEIN AN ALTERNATE FINANCING METHOD FOR THE COMPLETION OF SAID IMPROVEMENTS ON A FAIR SHARE, PROPORTIONATEBASIS AS DETERMINED BY SQUARE FOOTAGE OF PROPERTY, TAXABLE VALUATION OF THE PROPERTY, TRAFFICCONTRIBUTION FROM THE SUBDIVISION OR ANY COMBINATION THEREOF.THE LAKES AT VALLEY WEST, BOZEMAN, LLC.By: JSKHGK Investments 1, LLCIts: Manager______________________________________________________________________________________James S. Kaiser, MemberDatedCERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS:THE FOLLOWING ARE HEREBY GRANTED AND DONATED TO THE PROPERTY OWNERS ASSOCIATION NOTE BELOW FOR THEIRUSE AND ENJOYMENT: COMMON OPEN SPACE PARCELS DESIGNATED WITH LETTER A, B, C, D ETC. UNLESS SPECIFICALLYLISTED IN THE CERTIFICATE OF DEDICATION, THE CITY ACCEPTS NO RESPONSIBILITY FOR MAINTAINING THE SAME. I, THELAKES AT VALLEY WEST SUBDIVISION, HEREBY FURTHER CERTIFY THAT THE FOLLOWING NON-PUBLIC IMPROVEMENTS,REQUIRED TO MEET THE REQUIREMENTS OF CHAPTER 38 OF THE BOZEMAN MUNICIPAL CODE, OR AS A CONDITION(S) OFAPPROVAL OF THE SUBDIVISION PLOTTED HEREWITH, HAVE BEEN INSTALLED IN CONFORMANCE WITH ANY APPROVEDPLANS AND SPECIFICATIONS PREPARED IN ACCORDANCE WITH THE STANDARDS OF CHAPTER 38 OR OTHER CITY DESIGNSTANDARDS, OR HAVE BEEN FINANCIALLY GUARANTEED AND ARE COVERED BY THE SUBDIVISION IMPROVEMENTSAGREEMENT ACCOMPANYING AND RECORDED WITH THIS PLAT.INSTALLED IMPROVMENTS: XXXXFINANCIALLY GUARANTEED IMPROVMENTS: XXXXTHE SUBDIVIDER HEREBY GRANTS OWNERSHIP OF ALL NON-PUBLIC INFRASTRUCTURE IMPROVEMENTS TO THE PROPERTYOWNERS ASSOCIATION CREATED BY DOCUMENT NUMBER _____________________________________.PARK AREA SUMMARY- PH. 1&2DEDICATED PARKLAND:TOTAL AREA:5.08 ac (221067) SqFt5.08 ac (221067) SqFtTRACT 1 OF CERTIFICATE OF SURVEY NO. 1005B AND TRACT 2A OF CERTIFICATE OFSURVEY NO. 1005C, SITUATED IN THE NW1/4 OF THE NE1/4, AND THE NE1/4 OF THE NW1/4OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OFBOZEMAN, GALLATIN COUNTY, MONTANATHE LAKES AT VALLEY WEST - PHASE 1 & PHASE 224'6'24'6'24'6'10'10'10'409 WESTMORLAND DRIVE (60' R/W)DURSTON ROADLAUREL PARKWAY (90' R/W) 32' R/W (TYP.)RESIDENTIAL DEVELOPMENT OF 62 LOTSCONDITIONS OF APPROVAL SHEETTRACT 1 OF CERTIFICATE OF SURVEY NO. 1005B AND TRACT 2A OF CERTIFICATE OFSURVEY NO. 1005C, SITUATED IN THE NW1/4 OF THE NE1/4, AND THE NE1/4 OF THE NW1/4OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OFBOZEMAN, GALLATIN COUNTY, MONTANATHE LAKES AT VALLEY WEST - PHASE 1 & PHASE 2BAXTER CREEKCENTERLINEAAJKER CREEK ESTIMATED100-YEAR HIGH WATER LIMITSBAXTER CREEKESTIMATED 100-YEARHIGH WATER LIMITSAAJKER CREEK CENTERLINEBAXTER CREEKCENTERLINEAAJKER CREEK ANDRIVERINE FRINGE WETLAND(WEST AND EAST SIDES)0.46 ACAAJKER CREEK 50'WATERCOURSE SETBACKBAXTER CREEK ANDRIVERINE FRINGE WETLAND(ONLY WEST SIDE SHOWN)1.69 ACLACUSTRINEFRINGE WETLAND1.00 ACLACUSTRINEFRINGE WETLAND1.56 ACPALUSTRINEWETLAND4.06 ACLACUSTRINE WETLAND4.16 ACLACUSTRINE WETLAND4.13 AC410 411 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application Surface Water Exhibit A shows a plat overlay of surface waters and wetlands that exist within the Lakes at Valley West property boundaries. Surface water resources include Baxter Creek, located along the northeast property boundary, the West Lake and East Lake, 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 into the Lakes parcel. There is no designated floodplain for Baxter Creek. The resource conditions associated with Baxter Creek, the Lakes, and the wetland complex are detailed in the following sections. Baxter Creek and Aajker Creek and the adjacent wetland fringes will be protected from development by 50-foot watercourse setbacks in accordance with Section 38.23.100 Watercourse setback (A) of the City of Bozeman Unified Development Code (UDC). The Lakes and the palustine, emergent wetland complex will be protected in most areas by a 50-foot upland buffer between the edge of the lacustrine fringe and residential lot boundaries. Baxter Creek The Gallatin County Conservation District (GCD) classifies Baxter Creek as a perennial stream. The creek channel within the property is approximately 7 to 10 feet wide and 1,373 feet long, flowing from south to north between the Baxter Natural Area city park and the Lakes at Valley West. Baxter Creek is diverted from the Farmer’s Canal approximately 1.2 miles south of the Lakes property. The boundaries of the open water channel and adjacent riverine fringe were originally delineated in 1994 in anticipation of the original Valley West Subdivision plat submittal. Fifty-foot watercourse setbacks were established from the edge of the riverine wetland fringe in the October 2003 Preliminary Plat Application (Figure A). The watercourse setbacks have been maintained to the present in accordance with Section 38.23.100 Watercourse setback (A) of the City of Bozeman UDC. Base flows fed by high groundwater and irrigation water originating in the Farmer’s Canal in summer provide the main sources of hydrology for Baxter Creek. High flow events are typically related to stormwater runoff events and melting valley snowpack. The reach of Baxter Creek within the project boundaries had been negatively impacted by livestock grazing and agricultural practices resulting in an overly wide stream channel, bank erosion, lack of pool habitat, and lack of woody riparian vegetation. Restoration of a segment of Baxter Creek extending 1,800 feet south of Durston Road was completed in 2006. The work included narrowing the channel, 412 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application stabilizing eroding banks, and enhancing fish habitat by constructing pools throughout the stream reach located on the Lakes property. The restored banks were revegetated with salvaged sod mats and custom seed mixes. The east side of Baxter Creek was planted with trees and shrubs as part of the Baxter Natural Area construction in 2007. Approximately 692 containerized woody plant materials were installed within the riparian corridor of Baxter Creek and the Baxter Creek Natural area. The west side of the corridor was planted with trees and shrubs in fall 2008 coincident with construction of The Lakes. Planting details are included in the Vegetation Section. The Baxter Creek corridor, adjacent riverine wetland fringe, and 50-foot watercourse setback will be protected from development. A gravel fines trail was constructed in 2008 at the outer edge of the watercourse setback in accordance with Section 38.23.100 of the UDC. Aajker Creek The GCD classifies Aajker Creek as a perennial stream, diverted from the Farmer’s Canal approximately 1.48 miles south of the project boundaries. The creek channel north of Farmer’s Canal has been straightened historically for agricultural purposes. The creek flows south to north outside the Lakes property boundary. The 50-foot watercourse setback for the east side of Aajker Creek extends across the west boundary of the Lakes parcel (Exhibit A). The watercourse setback will be maintained within the strip of open space located at the west subdivision boundary. A piped outlet from the bottom of the West Lake conveys overflow to the borrow ditch located on the south side of Durston Road east of Westgate Avenue. Surface water in the borrow ditch and the pipe outflow are diverted through a culvert across Durston Road to a restored tributary of Aajker Creek within the Laurel Glen Subdivision. A short segment of the borrow ditch on the south side of Durston Road is classified as a jurisdictional water of the US based on the downgradient connection to Aajker Creek. The tributary to Aajker Creek and Aajker Creek converge approximately 1,400 feet north of Durston Road. Wetlands: The Lakes and Palustrine Wetland Complex The US Army Corps of Engineers (USACE) authorized an Individual 404 permit (Permit No.1998-90014) for the 360 Ranch Corporation to implement Phase I of the Valley West Subdivision project on May 4, 1998, and Phase II on July 23, 1998. Proposed mitigation for the entire project required as a condition of permit approval included relocation of the Baxter Ditch channel, restoration and enhancement of Baxter Creek and Maynard-Border Ditch, and creation of a 5-acre lake, a 12-acre lake, and a series of spring-fed waterfowl ponds. Bozeman Lakes, LLC, the subsequent owners of Valley West Subdivision, applied for an amendment to the original 404 permit in May 2001. Primary design changes included a reduction in the number of impacted wetland acres and a change in the location of the constructed wetland complex from an upland area west of Baxter Creek to an upland area east of Baxter Creek. The permit amendment was approved by the USACE in a letter dated November 413 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application 21, 2002. The USACE 404 amended permit required the construction of 49.5 acres of mitigation wetlands across the entire Valley West site. The wetland complex located east of Baxter Creek, currently called the Baxter Natural Area, was constructed between January and October 2007. Eight shallow water ponds were vegetated with salvaged wetland sod mats in spring 2007. The remainder of the wetland complex and the east side of the riparian corridor of Baxter Creek were seeded with herbaceous species and planted with approximately 692 containerized woody plant materials in November 2007. Mitigation wetlands located within the current Lakes at Valley West property boundaries include 10.47 acres of open water in the West and East Lakes and an additional 9.0 acres of lacustrine fringe and palustrine, emergent wetlands constructed adjacent to the lakes and Baxter Creek (Exhibit A). The lakes were constructed with west and east lobes separated by the future Laurel Glen Parkway. The shoreline was contoured to maximize safety and the extent of the lacustrine fringe. The lake depth was excavated to a minimum of 25 feet to ensure adequate turnover, maximize oxygen levels, and to provide a refuge for fish. The lake will be stocked under management of Montana Fish, Wildlife, and Parks once the area is open to the public. Anticipated uses of the public space are recreational including fishing, bird watching, and hiking. The lacustrine fringe of the east and west lobes of Wing Lake was planted with wetland sod mats salvaged from an onsite, non-jurisdictional wetland. The mats were placed on approximately half of the perimeter of both lakes and around the fishing access points in June 2008. Over five thousand wetland tubelings were planted within the lacustrine fringe of both lobes on August 27, 2008. The water levels were raised with the control structure after planting to ensure sufficient inundation levels. Approximately 458 containerized trees and shrubs and customized seed mixes were planted around The Lakes and the west side of the Baxter Creek riparian corridor in September and October 2008. The clusters of trees and shrubs were staked and caged to prevent browsing. The woody plants were manually watered during the first growing season following installation. The USACE wrote a letter on August 12, 2013, closing the Valley West 404 permit file based on the successful completion of the mitigation wetlands constructed site wide including the Lakes at Valley West and the adjacent lacustrine and palustrine wetlands. Success of the mitigation wetlands was based on establishing an optimal percent cover of wetland and upland vegetation and on survival of a majority (96 percent in 2012) of the woody species. The August 2013 closure letter from the USACE was included with the City Pre-application submittal. Copies of the original and amended permit approval letters were also included with the City Pre- Application submittal. 414 315 N. 25th Street, Suite 102Billings, MT 59101Phone: (406) 656-6000Fax: (406) 237-12010505010025HORIZ. 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\WATERCOURSE-WETLAND EXHIBIT.DWG PLOTTED BY:COOPER KRAUSE ON Jan/23/2015COPYRIGHT MORRISON-MAIERLE, INC., 2015APPR. BY:DATE:DATE:BY:DSGN. BY:Q.C. 9109.VW-WINGEX.ABOZEMANMTKDJKDJKDJ01/2015WATERS OF THE U.S. EXHIBITTHE LAKES AT VALLEY WESTTHE LAKES AT VALLEY WEST -WATERS OF THE U.S. EXHIBITAAJKER CREEK CENTERLINEBAXTER CREEKCENTERLINEPROPERTY LINEBAXTER CREEK 50'WATERCOURSE SETBACKAAJKER CREEK ANDADJACENT WETLAND FRINGE(WEST AND EAST SIDES)AAJKER CREEK 50'WATERCOURSE SETBACKOPEN WATEROPEN WATERDURSTON ROADWESTGATE AVENUELOCAL ROADLAUREL PARKWAYWESTMORLAND DRIVEBAXTER CREEK ANDADJACENT WETLAND FRINGE(ONLY WEST SIDE SHOWN)MITIGATIONWETLANDMITIGATIONWETLAND415 416 417 418 419 420 421 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application   Seed Mix Descriptions Four separate seed mixes encompass the park and open space areas throughout the development. The seed mixes correspond with activity use levels appropriate for the different types of ecosystems provided throughout the development. Active park lands are a combination of Kentucky Bluegrass, Perennial Ryegrass and Creeping Red Fescue. This irrigated mix utilizes approximately 25 percent less water than a traditional bluegrass blend, but the species respond well to heavy pedestrian traffic and provides the average citizen with a typical expectation of a traditional park area. The Durston Road and Laurel Parkway open spaces and boulevards consist of three types of fescue along with a Canada Bluegrass blend. While these areas will be irrigated as well, the fescues provide about a 50 percent reduction of water requirements, creating a quality greenbelt. These areas will not receive as much pedestrian traffic; therefore, the fescues can be mowed less often but still project a nice green space analysis. The upland open space and park lands consist of a four-blend wheatgrass mix, along with brome and other species. This seed mix allows for a 100 percent reduction in water consumption, as it does not require irrigation. This seed mix is in locations where minimal foot traffic is expected. In most cases, these areas will not be mowed, although an annual mowing may be performed for species diversity. The detention ponds will receive a seed mix that survives with a periodic inundation of water and drought. Consisting of wheatgrass, hairgrass, mannagrass and bluegrass species, this seed mix will provide for herbaceous ground cover through multiple water events. This seed mix also has a 100 percent reduction in water consumption, as it does not require irrigation. Active Park Lands 60% Kentucky Bluegrass 25% Perennial Ryegrass 15% Creeping Red Fescue Drill @ 4-5#/1000/SF Broadcast @8-10#/1000/SF Durston Road Open Space 35% Durar Hard Fescue 35% Sheep Fescue 15% Turf-type Tall Fescue 15% Canada Bluegrass Drill @ 10-15#/Acre Broadcast @ 20-30#/Acre Upland Open Space & Park Lands 25% Green Needlegrass 20% Western Wheatgrass 20% Thickspike Wheatgrass 15% Slender Wheatgrass 13% Mountain Brome 5% Secar Bluebunch Wheatgrass 2% Blue Flax 422 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application   Drill @ 8-10#/Acre Broadcast @ 16-20#/Acre Detention Ponds & Wetland Areas (only if disturbed) 6.5#PLS/Acre Slender Wheatgrass 5.0#PLS/Acre Sodar Streambank Wheatgrass 3.5#PLS/Acre Tufted Hairgrass 0.5#/PLS/Acre Fowl Mannagrass 0.25#/PLS/Acre Fowl Bluegrass 423 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application SEC. 38.41.060 A.(7) GENERAL DESCRIPTION OF LAND The Lakes at Valley West continues the award-winning tradition 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, setting the stage for a green belt transportation corridor. Special attention is paid to the Parkway median regarding scale and repetition without compromising safety and efficiency. The east lake is bordered by the Baxter Creek Natural Area on the east. Significant wetland mitigation activities have occurred in the natural area and along the wet perimeter of the lakes. The north-south trail corridor on the west side of Baxter Creek will facilitate connectivity to and from all directions, maximizing the potential use of the Natural Area without compromising environmental commitments. The northwest corner of the east lake will encompass active use park area. Neighborhood gatherings are accommodated through two picnic shelters and associated improvements. A large playground will accommodate a wide variety of play activities along with a swing set, a feature missing in the greater Valley West park system. A combination of flat, unprogrammed open space and large berms provide for free and imaginative play. This neighborhood gathering area will be irrigated to support such active and intense uses. Accessible trails will connect he active 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 properties and the natural wetland fringe of the lake. This line is marked with the accessible trail that separates irrigated from natural grasses. By limiting the irrigated area, principles of water conservation contribute to the overall sustainability of the development. The remaining lake perimeter is restored to drought-tolerant upland grasses, creating greater habitat diversity. Greater habitat diversity attracts a variety of wildlife and avian species, thus creating opportunities for nature-related recreation. Together, the parks, trails and open space amenities encompass a wide variety of recreational opportunities 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 attributes affiliated with the Bozeman area and the overall development consistent with the expectations found at Valley West. 424 425 426 The Lakes at Valley West Subdivision – Phases 1 and 2 Preliminary Plat Application SEC. 38.41.060 Additional Subdivision Preliminary Plat Supplements A(9) The final park plan shall be approved by the review authority with recommendations from both the city recreation and parks advisory board prior to any site work. A(10) A preconstruction meeting is required prior to any site work. A(11) The Park Plan shall follow all appropriate design guidelines for city parks. 427 1/27/2015 Summary OPINION OF PROBABLE COST Project: The Lakes at Valley West Phase: All Phases Date:January 28, 2015 Prepared By:Peaks to Plains Design, PC PHASE TOTAL 1 311,697$ 2 174,071$ 3 142,264$ 4 113,323$ 5 60,595$ 6 30,620$ 7 24,091$ 8 30,804$ PROJECT TOTAL 887,467$ 428 1/27/2015 Phase 1 OPINION OF PROBABLE COST Project: The Lakes At Valley West Phase: Phase 1 Date:January 28, 2015 Prepared By:Peaks to Plains Design, PC ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL RESPONSIBILITY Deciduous Trees 1-1/2" CAL. Large Shade Trees 38 EA 220.00$ 8,360$ Developer Ornamental Trees 1-1/2" Caliper Small Shade Trees 11 EA 185.00$ 2,035$ Developer Coniferous Trees 5'-6' Height 8 EA 200.00$ 1,600$ Developer Coniferous Trees #10 Ctn.2 EA 180.00$ 360$ Developer Deciduous Shrubs #5 Ctn.38 EA 50.00$ 1,900$ Developer Coniferous Shrubs #5 Ctn.11 EA 50.00$ 550$ Developer Perennials #1 Ctn.50 EA 15.00$ 750$ Developer Mulch & Fabric Bark Mulch @ 3" w/fabric for planting beds 2378 SF 0.88$ 2,093$ Developer Edging Aluminum 127 LF 4.50$ 572$ Developer Boulders Locally Available 11 EA 250.00$ 2,750$ Developer Seed Mix 1 Turf Lawn Mix 90846 SF 0.10$ 9,085$ Developer Seed Mix 2 Upland Native Mix 16245 SF 0.31$ 5,036$ Developer Gravel Trails 6' wide 1374 LF 10.00$ 13,740$ Developer Earthwork 107091 SF 0.08$ 8,567$ Developer Playground Equipment Composite set and Swings 1 LS 85,000.00$ 85,000$ Developer Playground Surfacing Engineered Wood Fiber @ 1' Depth 3755 SF 3.25$ 12,204$ Developer Playground Edging Concrete 6" wide x12" depth 261 LF 12.00$ 3,132$ Developer Site Furniture: Picnic Tables 4x4' Square Expanded Metal 6 EA 1,200.00$ 7,200$ Others Site Furniture: Benches 6' benches 6 EA 1,285.00$ 7,710$ Others Wells 35 GPM Wells 2 EA 6,500.00$ 13,000$ Developer Irrigation Sprays for boulevard & pocket parks 16329 SF 1.00$ 16,329$ Developer Irrigation Rotors & MPRs 74517 SF 0.55$ 40,984$ Developer Irrigation Planting beds, island, & boxes drip 2378 SF 1.00$ 2,378$ Developer SUBTOTAL 245,334$ MOBILIZATION & INSURANCE 5%12,267$ CONTINGENCY 10%25,760$ PROFESSIONAL FEES 10%28,336$ TOTAL 311,697$ 429 Bozeman Recreation & Parks Advisory Board P.O. Box 1230 · Bozeman, MT · 59771 Park Plan Review SUBJECT: Lakes at Valley West FROM: Subdivision Review Committee PLANNER: REVIEW DATE: 4/3/2015 BACKGROUND: • The “Lakes” represents additional phases of the Valley West Subdivision. It is in very close proximity to Meadowlark Elementary, Petra Academy, Heritage Christian and the future High School. It is located west of Bronken Fields and north of the Norton Subdivision, bounded on the north by Durston Road. • There are two lakes included in 12 acres of wetland. • The plan calls for 67 homes with a combination of dedicated park and public open space. The parkland exceeds the dedication requirement. COMMENTS: • The plan is fundamentally the same as the one we saw at the October preliminary application. The only recommendation we had then has been addressed. RECOMMENDATION: • We recommend plat approval FISCAL EFFECTS: • n/a ALTERNATIVES: • n/a Respectfully submitted, Sandy Dodge, RPAB Subdivision Review Committee 430