HomeMy WebLinkAboutC5. Lakes at Valley West PUD Findings
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Director of Community Development SUBJECT: The Lakes at Valley West Phase Preliminary Planned Unit
Development Findings of Fact and Order, Z15030. MEETING DATE: June 1, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Lakes at Valley West Major Subdivision Preliminary Planned Unit Development (PUD)
Application. BACKGROUND: On May 18, 2015, the City Commission held a public hearing on an
application for preliminary PUD approval for the Lakes at Valley West Major Subdivision.
The Commission unanimously voted to approve the planned unit development (5:0). There were
multiple motions relating to the approval of concurrent construction as well as the PUD as a whole. One condition was removed from those recommended by Staff. No public comment was
received on the application.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order Report compiled on: May 21, 2015
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Z15030, Finding of Fact for The Lakes at Valley West Preliminary Planned
Unit Development (PUD)
Public Hearing Date: City Commission at 6:00 pm in the City Commission Room 121
N. Rouse Avenue, Bozeman, Montana, May 18, 2015.
Project Description: A Preliminary Planned Unit Development application for a multi-
phase residential development located on 65 acres south of Durston Road, east and
west of an extension of Laurel Parkway. Two phases with 62 lots and additional
unplatted phases for future development. Fifteen relaxations are requested with this
application.
Project Location: Tract 1 of COS 1005B and Tract 2A of COS 1005C located in the NW ¼
of Section 10 and the NE1/4 of Section 9 Township 2S, Range 5E PMM City of
Bozeman, Montana. Located south of Durston Road and west of Bronken Park.
Action: Approval with conditions
Motions: Concurrent Construction Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application Z15030 and move to approve the
application for use of concurrent construction subject to all applicable code
provisions. (5:0)
Approval of PUD Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application Z15030 and move to approve the planned unit
development, including relaxations 1 through 15, with conditions, striking condition
22 and subject to all applicable code provisions. (5:0)
Staff Contact: Chris Saunders, Community Development
Bob Murray, Engineering
Agenda Item Type: Action (Quasi-judicial)
PROJECT SUMMARY
The proposed Planned Unit Development (PUD) requests to add uses to the existing R-1
district, to modify numeric standards of the R-1 district, to propose alternate alley standards,
and modify block dimensions. The PUD is proposed in conjunction with a subdivision to
create 62 residential lots with associated open space.
The project is a continuation of the Valley West Planned Unit Development. This portion has
not previously been subdivided. The proposal is to modify the existing PUD. This project
will have a customized R-1 district which will be in effect only within the project boundaries.
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Unless the PUD modifies a standard the base requirements of the Unified Development Code
remain in effect.
This project proposes a unique combination of uses and configuration. The applicant asserts
that the overall outcome of the proposal is superior to what would be obtained from the
application of the default R-1 district. The outcome will be a diverse small scale
neighborhood with unique access and development standards. Homes are expected to be
smaller than what is commonly constructed in Bozeman. Substantial open space will be
provided in both public and private ownerships. This combination is not presently available
in the community.
The PUD appears to conform to the requirements of the Unified Development Code criteria
as described in Section 6. A PUD is a discretionary approval and the review authority must
find that the overall development is superior to that offered by the basic existing zoning
standards. See Section 38.20.030.A.4, BMC. The obligation to show a superior outcome is
the responsibility of the applicant.
TABLE OF CONTENTS
PROJECT SUMMARY ............................................................................................................ 1
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 –REQUESTED RELAXATIONS ....................................................................... 5
SECTION 3 - CONDITIONS OF APPROVAL ....................................................................... 6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 9
SECTION 5 - RECOMMENDATIONS AND ACTIONS ....................................................... 9
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 10
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 15
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC ..... 17
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 22
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 24
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 24
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 25
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 25
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT ........................................... 25
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SECTION 1 - MAP SERIES
Project Boundaries
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Overall project layout showing possible future phases.
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Shaded area is outside of the present phases
SECTION 2 –REQUESTED RELAXATIONS
Planned Unit Development Relaxations are requested with this application. The applicant has
requested relaxations to the following standards. The summary of each relaxation, the
customized zoning district incorporating those relaxations, and the overall reasoning behind the
relaxations is in Section 9 of the PUD submittal. The altered standards are depicted by lot and
described in text in Appendix C of the Design Manual included in the PUD submittal.
Explanatory notes are attached to each section of the municipal code proposed to be altered.
Summary List of Relaxations
Code Section Summary of Section
1) 38.08.010.A.2 Intent of R-1 District
2) 38.08.020 Expand Authorized Uses in R-1
3) 38.08.030.A.2 Increase Allowed Lot Coverage and Floor Area 4) 38.08.040.A Reduce Minimum Lot Area 5) 38.08.040.B Reduce Minimum Lot Width
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6) 38.08.050.A Reduce Yards
7) 38.08.060 Replace Building Height in R-1 to be the same as R-4 8) 38.22.030 Allow R-1 Accessory Dwelling Units (ADUs) without a Conditional Use Permit
9) 38.23.040.B Allow Increased Block Length
10) 38.23.040.C Allow Smaller Block Width
11) 38.23.040.D.3 Allow Alternate Pedestrian Walk Surface 12) 38.23.040.E Not Require Block Numbering 13) 38.24.060.A Design Standards (length of tangent at intersection)
14) 38.24.060.B Alternate Alley Section to Allow Woonerf
15) 38.23.100.A.2 Reduce Minimum Wetland Setbacks
SECTION 3 - CONDITIONS OF APPROVAL
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 apply to
the subdivision of the property being processed concurrently with this planned unit
development.
Conditions of Approval:
1. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed, and shall include a digital copy
(pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
2. The PUD Final Plan shall be completed and before the approval of the final plat.
3. A notice prepared by the City shall be filed concurrently with the final plat so that it will
appear on title reports. It shall read substantially as follows: Lots within the Lakes at
Valley West Subdivision Phase 1 and Phase 2 are subject to specific design standards,
unique building setbacks from property lines, and restrictions on use. These standards may be found in [insert correct reference to design standard location]. Lot owners are advised that these are specific to the Lakes at Valley West Subdivision Phase 1 and Phase
2 and are in place of the general development standards of the City of Bozeman Zoning.
If a development standard is not specifically established in the Lakes at Valley West
Subdivision Phase 1 and Phase 2 approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Lakes at Valley West Planned Unit Development. Modifications are strongly discouraged. It is the
obligation of the lot owner to be fully informed as to these standards before beginning
any home or site design process. Approval by the design review entity established in the
covenants of the development does not bind the City of Bozeman to approve a construction plan.
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4. The City of Bozeman has relied upon the overall design standards proposed as part of the
planned unit development application in Chapter 6 of the Design Manual. The design standards may not be altered without consent of the City. This restriction shall be included in Article 12 of the covenants.
5. The Common Open Space easement referred to in Section 11.6 of the covenants shall be
referenced in Section 12.2 of the covenants.
6. Section 16.1 shall be revised to require City consent to termination of the covenants and shall be referenced in Section 12 of the covenants.
7. Section 12 of the covenants shall reference the mutual obligation to maintain fences
established in Section 70-16-205, MCA.
8. The perpetual nonexclusive easement referenced in Section 11.6 of the covenants shall be
provided as a separate easement document with the City of Bozeman as the holder of the easement. The recorded document number shall be incorporated with Note 7 on the Conditions of Approval Sheet of the plat.
9. The final park master plan shall separate the materials for dedicated public parks from
those areas set aside as private common open space. A plan showing the final design,
execution, and maintenance shall be provided for dedicated park and for common open spaces.
10. The final open space plans shall address how required temporary irrigation necessary to
establish the proposed grass mixes will be delivered.
11. The creation and enhancement of trails to connect to existing trails to the east in the
Baxter Natural Area Park as proposed in the application is part of the demonstration of superior performance for the project required by Section 38.20.030.A.4.c, BMC. Therefore, the trails and related improvements proposed shall be installed.
12. Accessory dwelling units are only permitted on those lots specifically identified in phases
one and two to have accessory dwelling units. The covenants shall explicitly state which
lots may have an accessory dwelling unit and which lots may not have them. This covenant may not be changed without City written consent.
13. The final landscape plan shall be coordinated with Northwestern Energy so that the
species of trees identified for planting along Durston Road and adjacent open spaces shall
not conflict with the existing overhead power lines.
14. Lots 28-37 of Phase 2 shall have their boundary with the adjacent common open space clearly delineated. If the subdivider does not choose to construct the specified fence style along the perimeter an alternative ground marking which is readily visible and durable
shall be placed. The type of delineation shall be identified with the final PUD plan and
shall be installed prior to final plat approval.
15. Fences located in the front, side or rear yard setback of properties adjacent to any park or publicly accessible open space shall not exceed a maximum height of four (4) feet, and shall be of an open construction designed in a manner to be consistent along all park land
and open space areas. Proposed fencing shall conform to Section 38.23.130 “Fences,
Walls and Hedges.” This requirement with appropriate exhibits of fence types shall be
addressed and illustrated in the property owner’s association documents. The documents
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shall include a single fence style acceptable to the City for locations fronting any public
park.
16. The area of the driveway easements required to access private lots shall be deducted from the calculation of open space performance points.
17. The requested relaxations to the following sections are found to be acceptable as
proposed in the application materials and shall be reflected in the final PUD plan and
associated documents as approved:
1) 38.08.010.A.2, Intent of R-1 District;
2) 38.08.020 to expand Authorized Uses in R-1 zoning district;
3) 38.08.030.A.2 to Increase Allowed Lot Coverage and Floor Area;
4) 38.08.040.A to Reduce Minimum Lot Area;
5) 38.08.040.B to Reduce Minimum Lot Width;
6) 38.08.050.A to Reduce Required Yards;
7) 38.08.060 Replace Building Height in R-1 to be the same as in the R-4 zoning district;
8) 38.22.030 to Allow R-1 Accessory Dwelling Units (ADUs) without a Conditional Use
Permit;
9) 38.23.040.B to Allow Increased Block Length;
10) 38.23.040.C to Allow Smaller Block Width;
11) 38.23.040.D.3 to Allow Alternate Pedestrian Walk Surface;
12) 38.23.040.E to Not Require Block Numbering;
13) 38.24.060.A to Design Standards (length of tangent at intersection);
14) 38.24.060.B to have an Alternate Alley Section to Allow a Woonerf design; and
15) 38.23.100.A.2 to Reduce Minimum Wetland Setbacks.
19. The proposed covenants shall include a section which clearly indicates those portions of the
covenants which were relied upon for the approval of the PUD. This section shall restrict
those portions from alteration without written approval of the City of Bozeman.
20. No property may be removed from the covenants once established without written approval
of the City of Bozeman.
21. The customized standards of Appendix A and Chapter 6 of the design manual shall be
standard standards enforced for all building permits within the development.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
A. The final site plan shall provide the necessary accounting to demonstrate that the Residential
PUD non-site-specific open space plans outside of the public parks and individual lots
conform to the performance requirements of Section 38.26.060.A.1, BMC.
B. The required documents and materials for concurrent construction as set forth in Section
38.39.030.D BMC must be provided and approved by the City prior to issuance of any
building permit.
SECTION 5 - RECOMMENDATIONS AND ACTIONS
Having considered the criteria established for residential planned unit developments approval
with conditions was recommended by the Design Review Board (DRB) at their meeting on
March 25, 2015.
The Planning Board conducted a public hearing on April 21, 2015 on the related subdivision
and recommended favorably, with conditions, to the City Commission.
The Development Review Committee (DRC) considered the Planned Unit Development on
March 18, 25, and April 8, 2015. The DRC recommended favorably on both the PUD and
subdivision with conditions.
The Recreation and Parks Advisory Board subdivision review committee considered the
proposed park master plan and park dedication on April 3, 2015. They recommended
favorably to the City Commission and Planning Board prior to their public hearings.
The Wetlands Review Board met on April 8, 2015 to consider the project. Due to a lack of a
quorum they could not issue a formal recommendation but informally supported the project
and relaxation 15.
The City Commission considered the proposal on May 18, 2015. The City Commission
public hearing was held at 121 North Rouse Avenue, Bozeman MT, in the City Commission
room at 6 pm.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
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Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this title, the advisory boards and City
Commission consider the following criteria. When considering requested changes from the
City’s adopted development standards, per Section 38.20.030,
“The review authority shall make a determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards of this chapter, and which will be consistent with the intent and purpose of this
article, with the adopted goals of the city growth policy…”
1. Conformance to and consistency with the City’s adopted growth policy
This project proposes residential uses within a residentially planned area. No conflicts have
been identified with the growth policy future land use designation or goals and policies.
Section 1c of the application is the applicant’s response to this criterion. The application
support various growth policy goals and principles as described in Section 1c of the
application.
2. Conformance to this chapter, including the cessation of any current violations
There are no known violations on the property. The project proposes several alternative
standards for development within the PUD. If the remaining PUD and subdivision processes
are completed, and the City Commission approves the requested relaxations, then the project
will be in conformance. If the Commission does not approve the relaxations then the project
will not be in conformance and should not be approved. The Commission approved all
requested relaxation as described in Section 2 of this findings of fact.
The relaxations are largely grouped into two sections. Numbers 1-8 address individual lots
and uses. Numbers 9-15 address larger design elements such as block length. Numbers 1-8
request relaxations to allow a more dense development pattern with some additional land
uses on specific lots. The relaxations will allow a greater mix of housing types than typically
seen in the R-1 district. Staff has identified no hazard from this request. The unique design
and use elements are clearly identified in the design guidelines and covenants and should be
intelligible to future buyers. The individual lot diagrams are an applicant response to
comments during the conceptual PUD review and are welcome in helping identify the unique
aspects applicable to individual lots.
Relaxations 9-15 appear reasonable in the larger context of the development. The existing
lakes and water ways are a strong factor shaping the development. There are limits to the
application of some of the typical standards such as block length due to these factors. Overall
the requested relaxations appear reasonably related to design limits or practices. Staff
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recommends approval of all of the relaxations which is memorialized in Condition 17.
Condition 3 is in place to ensure that notice is actively made available in title reports to
potential purchases to advise them of the unique conditions applicable to this property.
Relaxations 3, 4, 5 request alternate standards for individual lots. The specific applications of
Relaxations 1-8 are shown in Appendix C of the Design Manual in Section 9 of the PUD
submittal. The Relaxations 9-14 are primarily related to the subdivision design.
The applicant has requested use of concurrent construction for infrastructure and some
homes. Current construction allows simultaneous construction. Typically, all subdivision
improvements must be completed prior to issuance of a building permit. Section 38.39.030.D
establishes 13 criteria or required actions for concurrent construction. Applicants indicated
their willingness to undertake each of these items. Presently, the applicants have described
their desire for concurrent construction to be limited to those lots adjacent to Laurel Parkway.
The DRC found this to be a reasonable request if the terms of 38.39.030.D are met. Code
requirement B requires completion of the required documents and steps prior to issuance of
any building permit.
3. Conformance with all other applicable laws, ordinances, and regulations
Applications for design and review of infrastructure, compliance with building permits, and
related processes are future events. Compliance will be required as the project advances. The
application includes correspondence regarding wetland and water right changes indicating
the applicants have begun the required processes.
4. Relationship of site plan elements to conditions both on and off the property
The project spans Laurel Parkway which connects to other developments to the north and
south. The proposed construction of the street network provides for connectivity and
continuity of streets. Trail networks are proposed and bike lanes will be constructed along
Durston Road and Laurel Parkway. The proposed location of additional open space will
integrate with the existing Bronken Park and associated trails.
The individual home sites are unlikely to have negative affects off the property. The
proposed design manual and standards are proposed to mitigate potential conflicts. No
particular conflicts have been identified at this time. Conditions have been identified and are
described in other sections to coordinate and prevent foreseeable conflicts.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
The traffic impacts of the development are analyzed and mitigation required in the related
subdivision application. In summary, there are required improvements to the street networks.
Application has been made for impact fee credits to enable widening of Laurel Parkway and
Durston Road to their final configurations. These will provide pedestrian and bicycle
facilities as well as motor vehicle services. The intersection of Cottonwood Road and
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Durston Road is in a compromised condition. Improvements to the intersection will be
needed to maintain level of service. Parking will primarily be provided on each individual
lot. Some parking areas are designated along the woonerfs and public streets which will
provide guest and overflow parking.
6. Pedestrian and vehicular ingress and egress
The application proposed with the associated subdivision to provide widened or new streets.
These include on and off street facilities for bicycles and pedestrians. Substantial internal
trails are proposed which will be linked to the existing trail facilities in the adjacent Baxter
Creek natural area. The trails are proposed as standard six foot wide natural fines trails. The
recreation and parks subdivision review committee finds the trails beneficial and adequate.
The application includes several standard streets including Durston Road, Laurel Parkway,
and Westmorland Drive. Several non-standard “woonerfs” or modified alleys are proposed to
provide lot access and frontages in both phase one and phase two. The DRC has considered
these non-standard configurations. Section 38.24.020 allows for non-standard private streets
through a planned unit development process. The DRC has concluded that the proposed
sections appear workable but will require more active management than the City can provide.
Therefore, they will be privately maintained although they will be dedicated to public use
and any resident, visitor or other member of the public can use them.
7. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
The pedestrian trail and street networks are shown in Section 4. The classification of the
various streets and trails are depicted. The final site plan will need to demonstrate
compliance with the landscaping requirements of Article 38.26. A general planting plan has
been provided for the open spaces and parks which indicates a good faith effort to respond to
the requirements. The application includes landscaped medians in Laurel Parkway.
Section 38.26.060 requires landscaping performance for PUD common open spaces. The
final PUD plan will need to demonstrate compliance with this standard. The application as
submitted appears to comply but documentation is necessary. Code correction A addresses
this matter.
8. Open space
The project proposes several open spaces. The area along Durston Road has a buffer of
approximately 30 feet in width. There are also two internal open spaces providing additional
circulation. There is a proposed dedication of 5 acres of additional parkland east of Laurel
Parkway and south of Westmorland Drive. The proposed park area is adjacent to Bronken
Park. Open spaces are provided within both phases. The required open space has been
provided in order to satisfy the PUD performance standards.
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Condition 9 requires that certain private and public materials be separated for final
processing. Final park master plans must be approved by the City Commission and it is
appropriate to separate the documents governing common open spaces from parks to prevent
confusion on jurisdiction and property management.
9. Building location and height
The PUD proposes to replace the existing R-1 allowed building heights with those of the R-4
zoning district. The overall difference is a maximum of eight additional feet in height. The
proposed lot sizes are in some circumstances much smaller than normal for the R-1 district.
The additional allowed height enables the homes to have additional area on upper floors.
This is Relaxation #7. The overall character of the development within the PUD is a more
compact and potentially taller than normally seen in Bozeman. This has been considered
within the overall context of the PUD and appears reasonable.
10. Setbacks
Relaxation 6 modifies the setbacks. Some lots adjacent to open spaces will have reduced rear
yard setbacks. Lots adjacent to woonerfs will have a setback of 15 feet. No setbacks are
revised for side yards or parking areas. The modification to setbacks is an essential part of
the PUD proposal. The revised setbacks are clearly indicated in the design guidelines.
Relaxation 15 addresses watercourse setbacks. The project is a portion of the original Valley
West planned unit development. As part of the initial PUD substantial grading and wetlands
restoration occurred. The two large water bodies are remnants from gravel extraction which
have been incorporated into a large 404 permit to mitigate impacts from the development.
The 404 permit has been closed by the Army Corps of Engineers.
A map of the wetlands within the development is provided. The application proposes
residential development. Two phases are proposed at this time with future phases for the
southern and western edges. The development is adjacent to the Baxter Creek corridor and
Bronken Park. Large areas of wetland are adjacent to the development. It was proposed to set
aside the lakes, perimeter area, and eastern uplands as open spaces or dedicated public parks.
Trails are proposed around the lakes and connecting with existing trails to the east. A map of
the open spaces and proposed trails is included.
Section 38.23.100 establishes setbacks from water courses and wetlands. This section has
been amended since the Valley West project began in the late 1990’s. One of those
amendments is to establish a 50 foot setback from the edge of wetlands. Previously the
setback was 50 feet from the edge of water or the far edge of wetlands whichever was larger.
This has increased the protected area around the lakes.
The applicant proposed to establish residential lots and public park improvements which
would comply with the original standard but which may not comply with the new standard in
limited locations. The amount of potential encroachment is variable depending on location
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but is greatest in Phase 2, south of Westmorland Drive. This relaxation is more precautionary
in nature to prevent unintended restrictions. If the application is developed as presented the
potential encroachments are minor. It is important to have clearly delineated boundaries
between public parks and private lots. In most cases, that separation is provided by a street.
However, in Phase Two there are some lots which back up to the common open space. To
avoid public/private conflict a means of demarcating the property boundary is required.
Applicants have proposed a fence. That is an acceptable means of marking the boundary.
Condition 14 addresses that option as well as other potential options to ensure that the public
access is not encroached upon.
11. Lighting
New lighting will be required along the public streets. The proposed street lights and building
mounted lights conform to the City’s dark sky requirements. The private lighting is subject to
the proposed design guidelines which direct use of LED lighting.
12. Provisions for utilities, including efficient public services and facilities
All utilities are proposed for placement in public right of way or within designated utility
easements established by the related subdivision.
13. Site surface drainage
Drainage was evaluated with the related subdivision. Drainage facilities will be placed along
Durston Road and will be landscaped. Final design will be completed with the infrastructure
design.
14. Loading and unloading areas
None are proposed.
15. Grading
The site has little natural contours. Two large existing artificial lakes provide the greatest
topographic change. No substantial grading is proposed except for that required for the
installation of streets. Future phases have several large piles of gravel excavated from the
lakes. These will be consumed during the building of the on-site roads.
16. Signage
None is proposed at this time.
17. Screening
No proposed element of the project requires screening.
18. Overlay district provisions
Not applicable to this application.
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19. Other related matters, including relevant comment from affected parties
No public comment has been received at this time.
20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the
City is a party so that the sale of individual lots will not cause one or more elements of
the development to become nonconforming.
The project includes two existing tracts. The proposed subdivision will extinguish these two
tracts and replace them with an alternative set of property boundaries. This will address this
criterion.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not presently in active use.
22. Phasing of development
The present project includes the PUD for the overall development of the entire site. The
related subdivision is only for phases 1 and 2. A future subdivision will be submitted for the
remainder of the property. The phases appear adequate to enable use and development of the
property independent of other work.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The site is adequate. The existing lakes have been used as design features and are integrated
into the development. Landscaped areas are coordinated with adjacent property and within
the proposed development. Parking is provided on each lot and along the public streets.
Special areas are designated along the Woonerfs.
The relaxations will allow a tighter development pattern. The resulting designs for homes
will require substantial care to conform to the Design Manual. The applicant has provided
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within the Design Manual lot specific information to enable future designers to comply. The
proposed standards appear achievable.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
No adverse impacts to abutting properties have been identified. Issues of traffic impacts
which do interact with the larger transportation system will be addressed with the related
subdivision.
3.That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
The proposed covenants associated with the project will address these areas. The covenants
will be addressed primarily through the comments on the related subdivision. Right-of-way,
street development, etc. will be constructed as part of the subdivision. The terms of
concurrent construction will address the balance. Special yards, fencing, and uses are
established by condition or design guideline. Staff finds these adequate as presented and
relies upon the application materials submitted in making this finding. If the application
materials are not completed then criteria may not be met. Conditions 4-8 and 19-21 address
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clarifications, corrections, or procedural requirements relating to the covenants necessary to
ensure that the PUD intent and approval can be executed efficiently in the future.
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final PUD plan.
Applicable Planned Unit Development Review Criteria, Section 38.20.090.E, BMC
Section 1H of the application presents the applicant’s response to these criteria.
2. In addition to the criteria for all site plan and conditional use reviews, the following
criteria will be used in evaluating all planned unit development applications.
a. All development. All land uses within a proposed planned unit development shall
be reviewed against, and comply with, the applicable objectives and criteria of the
mandatory "all development" group.
(1) Does the development comply with all city design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways, sanitary
supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas,
telephone, storm drainage, cable television, and streets?
Except for those standards proposed for relaxation it appears the application conforms.
(2) Does the project preserve or replace existing natural vegetation?
The site has been substantially disturbed by previous development. There are some existing
wetland areas within proposed open spaces which will remain largely undisturbed except for
installation of pedestrian trails. There will be substantial placement of new vegetation within
the open spaces and parks. The Park plan includes overall landscaping proposed for both
park and open space area.
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(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to produce an efficient, functionally organized and cohesive
planned unit development?
Yes, the proposal appears cohesive and has a variety of coordinating elements ranging from
design standards to physical street configurations. Conditions 4-6 and 19-21 require
identification of certain covenants and restrictions on changes to covenants to ensure that the
cohesive PUD is maintained over time.
(4) Does the design and arrangement of elements of the site plan (e.g., building construction,
orientation, and placement; transportation networks; selection and placement of landscape
materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction
of energy use by the project?
The project has lot layouts which are favorable to installation of solar systems. Such systems
are not proposed at this time. Individual site designs have not been completed. The site will
be integrated in to the existing and developing pedestrian and bicycle network which will
enable travel without motor vehicles. The site is on the western edge of the City at this time
and there are few services or employment locations in near proximity at this time.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to maximize the privacy by the residents of the project?
The site designs for individual lots are not known at this time. They will be designed
individually. The Design Manual provides guidelines in this area which appear to address
this criterion.
(6) Park land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area of park
land or open space been provided for each proposed dwelling as required by section
38.27.020.
The project has a surplus balance of parkland from prior dedications. Additional park land is
proposed with this development. The tabulation of parkland is provided in the subdivision
submittal. The standard has been met. Individual open space by unit is not applicable to this
application.
(7) Performance. All PUDs shall earn at least 20 performance points.
With a PUD, Section 38.20.090.E.2.a.7 requires at least 20 performance points for the subject
property. There are 11 options provided in the UDC to meet this requirement. Points can be
met using any combination of on-site and off-site open space or other options listed in the
code. The Preliminary PUD must specify how the performance points are being met.
Open space provisions for phased PUD developments: If a project is to be built in phases,
each phase shall include an appropriate share of the proposed recreational, open space,
affordable housing and other site and building amenities of the entire development used to
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meet the requirements of section 38.20.090.E.2. The appropriate share of the amenities for
each phase shall be determined for each specific project at the time of preliminary approval
and shall not be based solely upon a proportional or equal share for the entire site.
The Lakes at Valley West PUD is proposing to satisfy the performance requirement solely
with additional open space. Public access by easement over the open space is provided.
Condition of approval 8 requires the easement to be provided by separate document so that it
clearly will appear in all title searches and will be clearly enforceable throughout the entire
PUD. The tabulation is under the parkland section of the application. The application
satisfies the requirement.
(8) Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become an isolated
"pad" to adjoining development?
The property is well integrated into the arterial and collector system. Local streets provide
additional connectivity. The two lakes and associated stream and wetland areas are
substantial barriers which limit connectivity. Trail connections have been placed to improve
connectivity to Bronken Park and its trails.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3,
R-4, RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the maximum
extent possible, preserve and promote the unique character of neighborhoods, with
provisions for a mix of limited commercial development. For purposes of this section,
"limited commercial development" means uses listed in the B-1 neighborhood service
district (article 10 of this chapter), within the parameters set forth below. All uses
within the PUD must be sited and designed such that the activities present will not
detrimentally affect the adjacent residential neighborhood. The permitted number of
residential dwelling units shall be determined by the provision of and proximity to
public services and subject to the following limitations:
(1) On a net acreage basis, is the average residential density in the project (calculated for
residential portion of the site only) consistent with the development densities set forth in the
land use guidelines of the city growth policy?
The property is planned a Residential and zoned as R-1. The R-1 district has a standard
minimum lot size of 5,000 sq ft. This provides a base density of 8.7 dwellings per net acre.
Appendix A of this report describes the range of planned residential densities of between 6
and 32 dwellings per acre in Bozeman. In these two phases the applicants propose up to 67
homes on 6.4 acres. This is a density of 10.46 dwellings per acre which is within the planned
intensity for the Residential land use designation.
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Density can be averaged across a project. The applicant has indicated that future phases will
have lesser density so that the project as a whole will comply with the maximum density
allowed in the R-1 district. Therefore, no density bonus is requested with this project.
(2) Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are sufficient in
size and have adequate light, sun, ventilation, privacy and convenient access to the
household or commercial units they are intended to serve?
Private spaces are provided on each lot. The central open spaces C and E provide additional
light and ventilations to adjacent lots.
(3) Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities?
Yes, both public parkland and private open spaces are provided.
(4) If the project is proposing a residential density bonus as described below, does it include
a variety of housing types and styles designed to address community wide issues of
affordability and diversity of housing stock?
No density bonus has been requested. The project includes a diversity of housing types.
Relaxation 2 allows additional housing types within the R-1 zoning district and Relaxation 8
enables inclusion of accessory dwelling units without a conditional use permit on specific
lots.
(5) Is the overall project designed to enhance the natural environment, conserve energy and
to provide efficient public services and facilities?
Yes. See the Design Manual for description of sustainability elements. The site has been
annexed for many years and is served by municipal services. Additional on-site extensions of
services will be required as is expected with new development. Open spaces will protect
natural water features and created water features. This will protect water quality and habitat.
The placement of key public utilities is reasonable and follows standard practices.
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(6) Residential density bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district within which the
project is located and which is set forth in article 8 of this chapter, does the proposed project
exceed the established regulatory design standards (such as for setbacks, off-street parking,
open space, etc.) and ensure compatibility with adjacent neighborhood development? The
number of dwelling units obtained by the density bonus shall be determined by dividing the
lot area required for the dwelling unit type by one plus the percentage of density bonus
sought. The minimum lot area per dwelling obtained by this calculation shall be provided
within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the
base density upon which the density bonus is calculated.
No bonus is requested or required. The PUD proposed applies to the entire property of 64.89
acres. The first two phases which are being subdivided at this time are approximately 17.8
acres. The overall density of the project must be evaluated against the property as a whole.
The proposed density within the first two phases is substantially higher than normally seen
within the R-1 zoning district. The average proposed lot area per dwelling in these two
phases is 4,162 sq ft. compared with a typical area per dwelling of 5,000 sq. ft.
Averaging of density within an overall development is allowed. The applicant has requested
size relations to reduce the size for specific lots in the first two phases. As the applicants have
not requested a density bonus through the PUD the subsequent phases will need to be
designed so that the final project totals fit within the required density standards of the R-1
district. This can be done by providing a diversity of lot sizes to include some larger lots as
appears to be indicated in the conceptual future phases.
(7) Limited commercial. If limited commercial development, as defined above, is proposed
within the project, is less than 20 percent of the gross area of the PUD designated to be used
for offices or neighborhood service activities not ordinarily allowed in the particular
residential zoning district?
No limited commercial is proposed.
(8) Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
Yes, the property to the north is approved for residential uses and is primarily developed as
detached homes. The property to the east is Bronken Park to which the development
proposes an addition of five acres with Phase 1. Additional parkland is expected in the future.
As discussed in the application materials, the Valley West development, of which this is a
part, has a character defined by the existing PUD.
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SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A) PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plan for the planned unit development described in
this findings of fact was conducted. The applicant presented to the City a proposed
preliminary plan for a planned unit development with multiple phases. The first two phases
include 67 dwellings on 62 lots on 65 acres and associated open spaces, streets, and parks.
Fifteen relaxations to City standards were proposed. The PUD applies to all 65 acres.
Development of the unplatted area of the PUD will require additional submittal for review as
subdivisions. The purposes of the preliminary plat review were to consider all relevant
evidence relating to public health, safety, welfare, and the other purposes of Chapter 38,
BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC;
and to determine whether the plat should be approved, conditionally approved, or denied.
B) It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plan of the PUD would comply with the requirements of
the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully
advised of all matters having come before them regarding this application, the City
Commission makes the following decision.
C) The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
D) This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, by following the procedures of Section 38.35.080, BMC. The
preliminary approval of this planned unit development shall be effective for one (1) year
from the date of the signed Findings of Fact and Order approval. At the end of this period
the City may, at the request of the developer, grant individual extensions to its approval by
the Community Development Director for a period of not more than six months at a time
consistent with the requirements of Section 38.19.120 and 38.20.060, BMC.
DATED this ________day of , 2015.
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BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “R-1” (Residential
Single Household Low Density District). The intent of the R-1 residential single-household
low density district is to provide for primarily single-household residential development and
related uses within the city at urban densities, and to provide for such community facilities
and services as will serve the area's residents while respecting the residential character and
quality of the area.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Residential.” The
“Residential” classification designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density
residential areas should be established in close proximity to commercial centers to facilitate
the provision of services and employment opportunities to persons without requiring the use
of an automobile. Implementation of this category by residential zoning should provide for
and coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong presence
of constraints and natural features, such as floodplains, may cause an area to be designated
for development at a lower density than normally expected within this category. All
residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints, such as watercourses or steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy. The residential designation
is intended to provide the primary locations for additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Lakes at Valley West Planned Unit Development proposes to modify the existing Valley
West development. The developed portion of that project exists east of Cottonwood Road.
The original Valley West development included Bronken Park and the Baxter Creek Natural
Area. This property which is the subject of the current application has been physically
altered over time to accommodate two lakes and adjacent wetlands that were required as
wetland mitigation area for the phases of Valley West east of Cottonwood Road.
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This area has always been a planned phase of Valley West, but the approved PUD design has
changed over time. This latest proposal requests a modified design that eliminates a small
commercial element and proposes a small lot pocket neighborhood design with alternative
access via a modified alley design. The new layout reduces the amount of parkland area with
street frontage and provides, in lieu, a combination of parkland and public access open space
with less street frontage. The development has the potential for additional phases of
residential development. A subdivision of the property is proposed with two initial phases
with a mix of townhome and detached home lots for 62 total lots at this time.
The PUD seeks to create a unique pocket neighborhood with small lots and alley (Woonerf)
access. A detailed Design Manual has been prepared.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided by posting, mail by first class and certified mail, and newspaper
publication. Notice will be provided at least 15 and not more than 45 days prior to the City
Commission public hearing. That hearing is May 18, 2015. Notice was also provided prior to
the public hearing on the subdivision.
No public comments have been received as of the writing of this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: The Lakes at Valley West, LLC, Greg Stratton, 2880 Technology Boulevard W,
Bozeman, MT 59718
Applicant: Kilday and Stratton, Inc., 2882 Technology Blvd W, Bozeman MT 59718
Representative: Intrinsik Architecture, 111 North Tracy Avenue Bozeman, MT 59715
Morrison Maierle, Inc. 2880 Technology Boulevard W, Bozeman, MT 59718
Report By: Chris Saunders, Policy and Planning Manager
APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT
Sec. 38.20.010. Intent.
A. It is the intent of the city through the use of the planned unit development (PUD) concept,
to promote maximum flexibility and innovation in the development of land and the design of
development projects within the city. Specifically, with regard to the improvement and
protection of the public health, safety and general welfare, it shall be the intent of this chapter
to promote the city's pursuit of the following community objectives:
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1. To ensure that future growth and development occurring within the city is in accord with the
city's adopted growth policy, its specific elements, and its goals, objectives and policies;
2. To allow opportunities for innovations in land development and redevelopment so that greater
opportunities for high quality housing, recreation, shopping and employment may extend to
all citizens of the city area;
3. To foster the safe, efficient and economic use of land and transportation and other public
facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open space
and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water quality
and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special features of
the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. To promote logical development patterns of residential, commercial, office and industrial
uses that will mutually benefit the developer, the neighborhood and the community as a
whole;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed and human-scale design; and
15. To meet the purposes established in section 38.01.040
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