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HomeMy WebLinkAboutC7. Lakes at Valley West Phase 1 Pre Plat 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 One and Phase Two Major Subdivision Preliminary Plat Findings of Fact and Order, P15005 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 Plat Application. BACKGROUND: On May 18, 2015, the City Commission held a public hearing on an application for preliminary plat approval for the Lakes at Valley West Major Subdivision. The Commission unanimously voted to approve the subdivision (5:0). Several conditions had been revised between the time of the Planning Board public hearing and the City Commission’s consideration of the application. The Commission accepted the revised conditions as agreed upon between Staff and the applicant. The Assistant City Attorney suggested an additional sentence to Condition 26 to which Staff and the applicant agreed. State law provides that the governing body shall “provide a written statement to the applicant detailing the circumstances of the condition imposition.” The statement must include: 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order. 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 109 Commission Memorandum Report compiled on: May 21, 2015 110 Page 1 of 28 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Hearing Dates: 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. Motions: Main Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P15005 and move to approve the subdivision with conditions and subject to all applicable code provisions. Friendly Amendment to replace Condition 14 with the language in the staff report on page 2 of 28 reading: 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.” Friendly Amendment to add the sentence that the Assistant City Attorney suggested for Condition 26: “Additional building permits may be issued upon satisfactory of the required conditions and covenants contained in the Impact Fee Agreement proposed between the Developer and the City”. Adoption of Main Motion as amended. Vote on the Motion that having reviewed and considered the application materials, 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 with the Friendly amendments. (5:0) Action Date: May 18, 2015 Staff Contact: Chris Saunders, Community Development Bob Murray, Engineering Agenda Item Type: Action (Quasi-judicial) 111 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 2 of 28 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 were requested through the associated PUD. No action regarding the relaxations was taken through the subdivision review. TABLE OF CONTENTS PROJECT SUMMARY .................................................................................................................. 2 SECTION 1 - MAP SERIES .......................................................................................................... 3 SECTION 2 – REQUESTED VARIANCES OR DEVIATIONS .................................................. 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 14 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 14 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 15 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 15 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 17 Preliminary Plat Supplements ........................................................................................... 22 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 25 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 27 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 27 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 28 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 28 112 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 3 of 28 SECTION 1 - MAP SERIES Growth Policy Vicinity Map 113 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 4 of 28 Zoning Vicinity Map 114 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 5 of 28 Major Street Network Vicinity Map 115 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 6 of 28 Park Vicinity Map 116 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 7 of 28 Overall Plat showing outer boundaries and two phases presently proposed. 117 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 8 of 28 Overall project layout showing possible future phases. SECTION 2 – REQUESTED VARIANCES OR DEVIATIONS No variances were requested with this subdivision. The associated PUD requested 15 relaxations. Analysis of the requested relaxations was provided under the PUD staff report. To enable understanding of why the proposed plat appears to not comply with typical City 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 application 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 application submittal. Explanatory notes are attached to each section of the municipal code proposed to be altered. No action was taken on these requested relaxations as part of the subdivision review. Summary List of PUD 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-1 118 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 9 of 28 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 These conditions are in addition to any required code provisions identified in this report. These conditions are specific to the subdivision. Additional conditions may apply to the concurrent 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 (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. 119 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 10 of 28 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 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. 120 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 11 of 28 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 maintain all common open space areas within the Lakes at Valley West Phase 1 and Phase 2.” 121 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 12 of 28 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.” 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. Additional building permits may be issued upon satisfactory of the required conditions and covenants contained in the Impact Fee Agreement proposed between the Developer and the City 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. 122 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 13 of 28 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 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 123 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 14 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 124 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 15 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 held their public hearing on April 21, 2015. There was no public testimony. The Lakes at Valley West preliminary plat discussion begins at minute mark 1:33:30 of the recording of the meeting. The Planning Board vote on the motion to recommend approval was 5:1 and the motion passed. The City Commission held their public hearing on the application on May 18, 2015. The hearing was 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 125 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 16 of 28 provisions that are not specifically listed as a condition 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. 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. 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 hearings before the Planning Board and City Commission were properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other applicable review agencies, the Planning Board forwarded a recommendation in a report to the City Commission. The City Commission made the final decision on the application. 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. Pursuant to Section 38.03.040.A.5.a(4), BMC the City Commission was required to 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. Final action by the City Commission was taken on May 18, 2015. Public notice for this application was given as described in Appendix C. 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 appeared 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. 126 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 17 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 by 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 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. The City Commission approved the use of the woonerfs design on May 18, 2015 as part of the planned unit development. 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 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 127 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 18 of 28 natural stream which has had its flow augmented at times by irrigation water. The stream channel 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 that 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 was received considered by the City Commission on May 18, 2015. The Commission approved the request subject to conditions which are set forth in that action. The traffic study submitted with the application indicated 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 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 were completed and included as part of the impact fee credit request. Condition 26 requires that necessary improvements occur before final plat of the subdivision may be granted unless concurrent construction is approved. The City Commission approved concurrent construction as part of the associated planned unit development. Appropriate actions are underway to ensure compliance with required standards.. 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. 128 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 19 of 28 Condition 26 addresses the existing failed condition of the Cottonwood and Durston intersection. The traffic study indicated that the further development of the subdivision will add traffic which 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 have found a means through the impact fee credit request 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 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. The PUD was approved, so 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: 129 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 20 of 28 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. 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. The City Commission found that the park proposal met all standards when conditions were applied. 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 facilities but simply addresses the ownership. 130 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 21 of 28 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 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 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 subdivision 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 was reviewed by the DRC which 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 131 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 22 of 28 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. 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 132 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 23 of 28 nature and may be removed after establishment of the vegetation. Condition 12 addresses this issue. 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 133 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 24 of 28 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 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. 134 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 25 of 28 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 plat described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plat for a major subdivision with 62 lots on 65 acres and associated open spaces, streets, and parks. 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 plat 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, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3) years 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 subdivider, grant individual extensions to its approval by the Community Development Director for a period of not more than two years, or for more than two years by the City Commission. DATED this ________day of , 2015. 135 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 26 of 28 BOZEMAN CITY COMMISSION _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 136 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 27 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. 137 P-15005, Findings of Fact for the Lakes at Valley West Subdivision Page 28 of 28 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. 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 or the City Commission public hearings. No public comments in writing were received. 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 138