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HomeMy WebLinkAbout19264 Staff Report Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 1 of 15 Application No. 19264 Type Site Plan Project Name Valley West Square Phase 1 Site Plan Summary Phase 1 of the Valley West Square Master Site Plan (Application #18355). Phase 1 consists of common parking and vehicular circulation, pedestrian facilities, drainage facilities, and landscaping to serve five commercial lots for future buildings that will provide approximately 38,000 square feet of commercial space as a mix of office and retail, as well as a small café. Approval subject to final plat approval for subdivision application #18363 Zoning B-1 Growth Policy Neighborhood Business District Parcel Size 2.65 Acres Overall 1.4 Acres Ph. 1 Overlay District(s) None Street Address NE Corner of W. Babcock St. and S. Cottonwood Rd. Legal Description Current: Valley West Sub, S10, T02 S, R05 E, Block 1, Acres 2.6572, Tract 3a J-320-A, City of Bozeman, Gallatin County, Montana. Proposed: Amended Plat of Tract 3A, Amended Plat of the Remainder Tract 3, Block 1, Valley West Subdivision, NW ¼ S10, T02 S, R05 E of PMM, City of Bozeman, Gallatin County, Montana. Owner Kardar, LLC c/o Daan Ermatinger, 2001 Stadium Dr., Bozeman, M 59715 Applicant Same as owner Representative Intrinsik Architecture (attn. Tyler Steinway), 111 N. racy, Bozeman, M 59715 Staff Planner Danielle Garber Engineer Lance Lehigh Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 6/04/20 to 6/19/20 6/4/20 6/3/20 N/A Advisory Boards Board Date Recommendation NA NA Recommendation Approval Decision Authority Director of Community Development Date 7/6/20 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 2 of 15 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) for Phase 1 of the Valley West Square Master Site Plan. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2020, Martin Matsen, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 7th July Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 3 of 15 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development Recommended Conditions of Approval: 1. 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. 2. The final plat, planning application no. 19363, for the property must be recorded prior to final site plan approval 3. The property owners association declaration, bylaws, and conditions and restrictions for the Valley West Square Subdivision must be recorded prior to final site plan approval. 4. Following construction grass seed must be financially guaranteed with the City for a minimum period of 2 years. DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 4 of 15 Figure 1: Current Zoning Map DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 5 of 15 Figure 2: Proposed Phasing DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 6 of 15 Figure 3: Proposed Landscaping Phae 1 DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 7 of 15 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, 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. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-1, Neighborhood Business District Yes Comments: This project is proposed as Phase 1 of the Valley West Square Master Site Plan, application no. 18355, that was approved by the Director of Community Development on March 8, 2019. The property is within the City’s municipal service area. Staff finds that the project does contribute to the goals of the growth policy and the community commercial mixed use category including supporting a broad range of functions including retail, education, professional and personal services, offices, and general service activities as described in the land use category. The proposed project supports the Growth Policy description of smaller community comercial areas as they are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. The proposed project meets this description by providing small scale retail, office and restaurant uses at a small scale adjacent to a variety of residential housing types located at the intersection of a collector and principal arterial classified streets. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: There are no current violations on the subject property 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None Yes Condominium ownership NA NA Comments: No specific conflicts were identified. Additional steps for phase 1 include infrastructure review by the Engineering Division, the filing of the amended plat to create lots 1-6, and the recordation of the property owners association declaration, covenants and bylaws. A separate site plan application for each phase is required. 4. Conformance with Plan Review for applicable permit types as specified in article 2 Section 38.230 Meets Code? Site Plan Yes Comments: The site plan criteria are met with this project. The proposal is compatible and sensitive to the immediate environment of the site and the adjacent neighborhoods. Further review will be required prior to the construction of any structures. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Parking and Landscaping for Offices, Retail & Restaurant Yes DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 8 of 15 Form and intensity standards 38.320 Yes Zoning B-1 & PUD Setbacks (feet) Structures Parking / Loading Yes Front 10’ – Block Frontage 10’ – Block Frontage Rear 10’ 10’ Side 5’ 8’ Alley NA NA Comments: No buldings are proposed with this phase, just landscaping, access, and parking. This Phase 1 application is subject to the approved Master Site Plan, application no. 18355.There is a 20-foot utility easement along Cottonwood and West Babcock Street, future phases will be required to design buildings that do not encroach into the 20-foot easement and meet any applicable setbacks. Where the parking and drive aisle will front West Babcock a 22-foot landscaping and snow storage buffer is present. This project also fronts Stafford Avenue, a local street. A 10-foot utility easement along Stafford is present. Where parking and the drive aisle front Stafford an additional landscape buffer of 18-feet is proposed to provide additional screening from the local street and adjacent residences. Buildings along Stafford will be evaluated with future phases. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 NA Applicable zone specific or overlay standards 38.330-340 NA Building Height Requirements 38.320.010-.060 NA Lot coverage NA Allowed 100% Height NA Allowed 34’ – 38’ NA Comments: NA, no structures are proposed at this time. With subsequent development of future phases of the master site plan, a site plan will be reviewed for compliance with building coverage and height requirements. General land use standards and requirements 38.350 NA Comments: NA Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: NA Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes Secondary access Yes Traffic Impact Study / LOS No Transportation grid adequate to serve site Yes Yes Comments: A traffic impact study was not required by the Engineering Division based on the provided estimates for peak hour trips for the proposed project. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 2 Yes Street easements NA Special Improvement Districts NA NA DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 9 of 15 Comments: Vehicular access is proposed off of Cottonwood as a partial access (right in-right out) and Stafford as a full access. The location and design of the vehicular access was reviewed for safety and design compliance by the Engineering and the Fire Department. No access off Babcock Street is permitted by code due to the proximity to the Babcock and Cottonwood intersection and separation requriements in Section 38.400.090. The access locations are consistent with the approved Master Site Plan, application no.18355. Parking requirements of 38.540 Required parking nonresidential 95 NA Reductions nonresidential NA Provided parking off street 101 On street parking NA Comments: The project is subject to parking reductions through the Valley West PUD. The PUD parking requirement is 1 space per 400 square feet of commercial area. No buldings are proposed with this application. Estimated floor area for all 5 developable lots is 38,000 square feet for a total required parking count of 95 spaces. With this phase 101 off street spaces will be constructed including 4 ADA spaces. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area Yes Vehicle accesses to site 2 Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks Yes Curb ramps Yes Pedestrian lighting NA Comments: Perimeter sidewalks will be constructed where not existing during phase 1 along Cottonwood, Babcock and Stafford in coordination with any street construction projects. There are four pedestrian sidewalks and associated curb ramps and stamped concrete crosswalks east and west through the site. Additional pathways will be constructed with future phases adjacent to buildings.The Fire Department reviewed the master site plan and phase 1 site design found it to be compliant with International Fire Code standards for access. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements Yes, with Final Plat Application No. 19363 Yes Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities NA Comments: One access easement is proposed with the final plat, a 25-foot public acess easement at the Cottonwood drive access. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 10 of 15 First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Comments: NA. No off-street loading berths are required for this use. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 Yes Rights of way for pedestrians alternative block delineation NA Comments: Lot is in conformance with the lot and block standards. Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: CIL water rights will be collected for each phase. Phase 1 proposes no buildings and an exempt well to irrigate landscaping so no CIL is due since there is no demand on the city system. Water and sewer services are available from all three perimeter streets. Stormwater will be collected in a retention pond at the north end of the site with an underground detention chamber. The proposed designs and calculations for stormwater management were reviewed for compliance by the Engineering Division. Utility easements existing and proposed are shown on the final plat, application no. 19363, including a 10-foot utility easement along Stafford, a 20-foot utility easement along Babcock, and a 20-foot utility easement along Cottonwood. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: Site grading and stormwater design for the site has been reviewed by City Engineering for compliance with standards. Native grass seed will be used as ground cover until the building pads are developed and must be financially guaranteed for a minimum of 2 years. A landscaping plan and drainage plan for future phases has not yet been submitted, but is required with the subsequent site plan review. Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: Site grading was found to be adequate by the Engineering Division. 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment NA Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access NA Park/Recreational area design NA Parkland NA NA NA Cash donation in-lieu(CIL) NA NA Improvements in-lieu NA NA Comments: NA, no residential units proposed. DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 11 of 15 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration Yes Block Frontage Standards 38.510 – Mixed-Landscaped Yes Building Design 38.530 NA Location and design of service areas and mechanical equipment 38.520.070 Yes Comments:The parcel has block frontages on three of four sides. All three frontages are designated Mixed, and the applicant has indicated a Mixed-landscaped preference with the design guidelines. All future buildings developed with future phases will be required to comply with all applicable block frontage, building design, and service area/mechanical equipment standards at that time. Two solid waste encslosures are to be constructed with phase 1 and meet landscaping and screening requriements. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: Perimeter sidewalks will be constructed where not existing during phase 1 along Cottonwood, Babcock and Stafford in coordination with any street construction projects. There are four pedestrian pathways and associated curb ramps and stamped concrete crosswalks east and west through the site. Additional pathways will be constructed with future phases adjacent to buildings.The east-west pedestrian pathway will serve as the connection from the public sidewalk, throught the parking lot, and between buildings.The proposed drive aisles meet design standards in Article 4. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Yes Site Planning and Design Elements 38.520 Yes Comments: Usable onsite commercial open space is required for new developments with non-residential uses on a total site greater than one acre per Section 38.520.060. The site is currently being subdivided into 6 lots, with 5 buildable lots, and a 6th for this phase 1 project that will contain common parking and facilities. If any lots in future phases are developed under a single owner and exceed 1 acre then they will be subject to commercial open space requriements at that time. Landscaping Yes 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation Meets Code? Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening Yes Parking lot screening Yes Interior parking lot landscape Yes Off-street loading spaces screening NA DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 12 of 15 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA Yes Proposed (sq. ft) NA Comments: NA, no commercial signage proposed at this time. A potential monument sign along Babcock was noted on the grading plan. The indicated location is within the 20-foot utility easement and will not be permitted without permission from all utility companies public and private utilizing that easement. A Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Trees for residential adjacency Yes City rights-of-way and parks Yes Tree plantings for boulevard ROW, drought-resistant seed Yes Public ROW boulevard strips Yes Irrigation and maintenance provisions for ROW Yes State ROW landscaping NA Additional NA NA Fencing and walls Yes Yes Comments: A landscaping plan for phase 1 has been submitted. This plan includes compliant parking lot screening adjacent to Stafford Ave. including a 4-foot high screening fence, retention pond plantings, and internal parking lot landscaping. This landscaping is to be irrigated with an exempt irrigation well located near the north property boundary. Site planning and design required 38.520 Yes Pedestrian area landscaping, including pathways and internal circulation 38.520.040 NA Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 NA Service area and mechanical equipment landscaping and screening 38.520.070 Yes Open space NA Comments: No buildings or open space are proposed at this time. With subsequent development, landscaping adjacent to buldings and walkways will be required. 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 NA Total required NA NA Total provided NA NA Comments: Usable onsite commercial open space is not required at this time, and may be required with development of subsequent phases. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes Site lighting (supports, cutoff and temperature) Yes Minimum light trespass at property line Yes Comments: Site lighting with phase 1 is full cotoff compliant with minimal light trespass at the property line. DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 13 of 15 comprehensive sign plan is required for all commercial uses consisting of two or more tenant or occupant spaces on a lot, or two or more lots subject to a common development permit or plan per Section 38.560.080. 8a-c. Conformance with environmental and open space objectives in articles 4- 6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill Yes Grading Yes On-site retention/detention Yes Comments: Site grading and stormwater design has been reviewed by engineering for compliance with standards. Native grass seed will be used at the future building sites. Drainage analysis was provided by C&H Engineering and reviewed by the Engineering Division. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation Yes Comments: See comments above. Watercourse and wetland protections and associated wildlife habitats NA If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Comments: NA, no watercourses or adjacent parks present. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: See comment above. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment Yes Yes Comments: Staff received public comment from two commenters, the comments are summarized below: o Blackwood, S. – 6-9-20: Concerns about the location of the vehicular access off Stafford Ave, a narrow residential street with parking and traffic flow issues. RESPONSE: The Bozeman Municipal code requires new vehicular accesses to be located on the lowest classified roadway for corner sites located at intersections, see Section 38.520.050.B.5. Community Design standards in section 38.400.090.D require the following spacing from the intersection: o Babcock – a collector street – 330-feet for full access, 150-feet for partial access (right- in right-out). With the width of the lot frontage along Babocck at 300-feet, and given the requirement for access to be located off the lowest classified roadway (Stafford), the applicant proposed an access off Stafford to be complaint with the Municipal Code. o Cottonwood – an arterial street – 660-feet for full access, 315-feet for partial access. With the width of the lot frontage along Cottonwood at 410-feet a partial access was permitted that meets the 315-foot separation requirement form the intersection. o Follow up from this commenter was emailed 6-10-20 stating that they had spoken to the project Architect and were made aware of the design standards listed above. o Dunn, R. – 6-17-20: Concerns about weeds and litter currently present at the site, road construction management by Knife River on Cottonwood including dust control and construction DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 14 of 15 traffic. The comments regarding road construction were forwarded to Public Works for their knowledge and records and the applicant was notified of this. Comments on the proposed project related to landscaping specifically requesting the applicant install 3” caliper trees along Stafford. RESPONSE: Staff asked the City Forester to respond to the 3” caliper request. The City Forester noted that code requires a minimum size of 1.5” and 1.5-2” is most widely available for purchase from nurseries. A construction management plan is located in the application documents and details that the project will utilize termpoary construction fencing along the perimeter of the property. A 40cy dumpster for construction waste and the construction staging areas will be located within the perimeter fencing in the rear of the site. The applicant is responsible for seeding all areas of the site not developed with phase 1 and financially guaranteeing that grass seed for a minimum fo 2-years following construction of phase 1. A Memorandum of Understanding for final plat with the Gallatin County Weed Control District was provided with the final plat application no. 19363. The applicant provided the District a signed copy of covenants containing noxious weed management provisions and documentation of noxious weed treatments required for year 1-3 following final plat. 11. 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 Are 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. 38.410.060 Meets Code? Subdivision exemption NA NA Required Easements Utility easement Yes Reciprocal access and shared parking easement No NA NA Yes Mutual access easement and agreement No NA NA Yes Comments: Utility easements will be recorded with the final plat application no. 19363. The draft Declaration of Covenants, Conditions, and Restrictions and Bylaws was reviewed by staff. This document lists vehicular access and all parking areas as “Common Areas” that “shall be reserved in perpetunity as Common Areas.” Provisions for maintenance of these comment areas including snow removal and landscaping will be the responsibility of the property owners association. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing Yes # of phases 6 Yes Comments: Phase 1 is to be constructed immediately, there are 5 buildable lots listed as futures phases on the phasing plan. Each subsequent building/phase is subject to further site plan review by the City of Bozeman. 13. Standards for certificate of appropriateness 38.340.050 Meets Code? Certificate of appropriateness standards NA Secretary of the Interiors Standards for new construction NA Architectural appearance NA Proportion of doors and windows NA Relationship of building masses and spaces NA Roof shape NA Scale NA DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532 Staff Report Valley West Square Phase 1 Site Plan Review Application 19264 July 2, 2020 Page 15 of 15 Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures NA Architectural details NA Concealment of non-period appurtenances, such as mechanical equipment NA Materials and color schemes NA Comments: NA, not in an overlay district. DocuSign Envelope ID: 992130EF-7E92-49E3-AE09-40F33CB5C532