HomeMy WebLinkAbout17546 Application Materials
Hoover Way Subdivision
24 Lot Affordable Housing Project
Planned Unit Development (PUD) Preliminary Plan Application
November 2017
TABLE OF CONTENTS
1. Application (A1 Development Review Application, PUDP PUD Preliminary Plan Required
Materials, SP1 Checklist, and N1 Adjoiners)
2. Project Narrative and Requested Relaxations, Statement of Objectives and Conformance to
City Policy, and Response to Concept PUD Comments
3. Affordable Housing Plan
4. PUD Preliminary Plan Supplements Required for All Subdivisions
a) Title Report
b) Hoover Way PUD Subdivision Drawings
c) Subdivision Phasing
d) USGS Vicinity Map
e) Noxious Weed Management and Revegetation Plan
f) Bylaws and Covenants
g) Shared Park Maintenance Agreement
h) Utility and Road Narrative
5. Appendices
A. Design Report – Water and Sewer System
B. Design Report – Stormwater Management
C. Design Report – Geotechnical
D. Wetland Letter and Delineation Report
E. Traffic Letter and Report
F. Historic Railroad Report
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
PUDP
Planned Unit Development Preliminary PUDP Page 1 of 3 Revision Date 4-8-16
Required Forms: A1, SP1 Recommended Forms:
PUD PRELIMINARY PLAN REQUIRED MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14
sets.
Complete and signed development review application form A1.
Complete materials required by the SP1 checklist.
Materials and plans that include all the required items listed in the preliminary PUD plan checklist
below.
Standard application sets
required plan sizes:
2 sets that include full size
24 x 36 inch plans 1 set that include 11 x 17 inch plans
2-digital versions of all materials (JPEG or PDF) on separate CD-ROM’s or USB drives. Individual files
must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes:
All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36
inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders
will be used, they must include a table of contents and tabbed dividers between sections. Plans
that are rolled or not bound into sets will not be accepted.
NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1and materials
APPLICATION FEE
Base fee $1,616
If includes dwellings add: $94 per dwelling unit
If includes nonresidential
uses add:
$292 per 1000 square feet of nonresidential gross building space.
PUD PRELIMINARY PLAN CHECKLIST
A Planned United Development (PUD) Preliminary Plan review is the second step in the PUD entitlement
process. When a subdivision is proposed in conjunction with a zoning PUD the subdivision review shall be
coordinated with the zoning review and a subdivision preliminary plat application shall also be submitted
concurrent with this application.
1. Overall project narrative providing a thorough and extensive description of the overall project
including design intent, project goals, project timefra me, proposed uses, site improvements and
buildings.
2. A complete list of proposed relaxations to the BMC listed by individual section and reason for the
relaxation.
3. Name, mailing address and full contact information for project team including: owner, developer,
architect, civil engineer, landscape architect/designer and electrical engineer.
4. A title report for subdivision or proposed subdivision guarantee with all current property
ownership.
5. Data regarding site conditions, land characteristics, available community facilities and utilities and
other related general information about proposed uses, adjacent land uses and the uses of land
within one-half mile of the subject parcel of land both existing and proposed. This shall be in
narrative and/or table formats. Provide the following supporting maps: exis ting land use map,
Planned Unit Development Preliminary PUDP Page 2 of 3 Revision Date 4-8-16
Required Forms: A1, SP1 Recommended Forms:
community plan land use designation map, city zoning map, neighborhood and entryway overlay
map for property showing conditions within 200 feet of the project boundaries.
6. Overall land use ratios for:
a. existing footprints of existing buildings and structures
b. proposed buildings and structures
c. driveways and parking areas
d. streets, roads and alleys with areas of rights of way identified separately
e. private open spaces for residential uses
f. landscape areas
g. city parkland
7. Overall project floor area ratio (FAR) and net residential density.
8. Development Schedule. If phasing is proposed, provide narrative clearly describing project phasing
with the proposed phasing of all infrastructure, buildings, driveways and parking and landscaping.
9. Phasing Plan exhibit clearly showing all site and infrastructure improvement with phase boundaries
including detailed limits of construction and approaches to mitigate any conflicts with phase
boundaries and site safety and function.
10. Phasing table that shows phase area and data for each phase including: area in acres and square feet,
lot area in acres and square feet, building foot print square feet, building floor area, FAR, street right
of way, common opens space, landscaped area, PUD open space square feet and percentage of total ,
PUD performance points by type and parking space requirements.
11. Table of proposed buildings include phase information, footprint, gross square footage, stories,
whether building is existing or proposed, and building use designations by building floor.
12. Colored aerial vicinity map within one-half mile of the site with project site and other significant
community facilities, streets, trails, watercourses, railways, highways and other applicable features
identified by name.
13. Overall site illustration in color showing all building foot prints, landscaped areas, site circulation
including vehicular, bike, and pedestrian facilities.
14. Statements of objectives and conformance to city policy and plans:
a. Statement of applicable City land use policies and objectives achieved by the proposed plan and
how it furthers the implementation of the Bozeman Community Plan, provide specific land use goals
and objectives in the Community Plan that are furthered by the proposed PUD;
b. Statement of proposed ownership of public and private open space areas and applicant’s
intentions with regard to future ownership of all or portions of the PUD;
c. Estimate of number of employees for business, commercial, and industrial uses;
d. Description of rational behind the assumptions and choices made by the applicant;
e. The applicant shall submit as evidence of successful completion of the applicable Community
Design objectives and Criteria of Section 38.20.090.E, documentation pursuant to these regulations
for each proposed use; the applicant shall submit written explanation for each of the applicable
objectives or criteria as to how the plan does or does not address the objective or criterion; the
Director may require, or the applicant may choose to submit, evidence that is beyond what is
required in that section; any variance from the criterion shall be described;
f. Detailed description of how conflicts between land uses are being avoided or mitigated;
g. Statements of design methods to reduce energy consumption, (e.g. - home/business, utilities,
transportation fuel, waste
recycling).
15. If not provided by subdivision application materials, physiographic data and summaries for:
landforms and geology and soils; hydrology; vegetation; noxious weeds; wildlife and viewsheds. If
the project is a brown field site, provide site history, data and copies of any environmental site
Planned Unit Development Preliminary PUDP Page 3 of 3 Revision Date 4-8-16
Required Forms: A1, SP1 Recommended Forms:
assessments that have been completed. An approved noxious weed management plan must be
submitted.
16. Narrative descriptions of site access and overall utilities including an overview, parking, existing
and proposed condition of the streets providing access to the site, proposed accesses to the site and
utilities including water, sewer, storm drainage, solid waste, gas, electric and shallow franchise
facilities.
17. Development and Design Guidelines per Section 38.20.070.D.2 BMC.
18. Comprehensive Signage Plan, if applicable.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
Hoover Way Townhomes – PUD/Subdivision Narrative Page 1 of 16
HOOVER WAY TOWNHOMES
PRELIMINARY PUD AND PRELIMINARY PLAT SUBMITTAL PROJECT NARRATIVE
(Revised January 17, 2017 with expanded concurrent construction narrative)
1) Introduction
This Major Subdivision application proposes to subdivide one lot into 24 townhouse lots as well
as street right-of-way and three common open space parcels. The project is proposed to be
completed in one phase. The property is 2.72 acres (118,544 SF) and is zoned R‐3 (residential
medium density district). The intent of the design is to provide a high-quality neighborhood for
affordable home ownership while maintaining connectivity and compatibility with the existing
neighborhood character. This is a truly unique project in that all 24 units (100 percent of the
project) will be affordable in perpetuity as part of a Community Land Trust, meeting City of
Bozeman affordability requirements. The property owner and applicant, HRDC, is a local non-
profit group with a proven record of providing affordable housing to the City of Bozeman
residents.
The Hoover Way Subdivision will assist in accomplishing the goals and objectives of the City of
Bozeman growth policy, specifically Goal H-3: Encourage an adequate supply of affordable
housing and land for affordable housing.
2) Project Statistics
1. Location: 2781 Sartain Street
2. Property Owner and Applicant is a local non-profit, HRDC
3. Lot size: 2.72 acres (118,545 SF)
4. R-3 Zoning
5. PUD proposed to provide 24 affordable dwellings with request to allow certain dimensional
deviations and additional efforts for wetland preservation
a. PUD provided points: 20
i. PUD points generated by project 90
ii. calculated as one point for each percentage of affordable housing units
above the 10% minimum required for all developments
iii. 100% affordable units-10% required affordable units = 90% above minimum
required affordable units. 90%=90 PUD points
iv. Of the 90 points generated by this project 20 will be applied to this project
v. The HRDC is interested in working with city staff to identify a system to bank
the remaining PUD points to be applied to future projects
b. 24 Affordable Townhomes on individual lots – 100% affordable dwellings
c. Two common open space parcels for underground storm water management
d. One 15,841 SF (.36 acre) common open space parcel for wetland preservation
e. Park area was provided in existing park parcels with previous PUD – see attached
parkland calculation
f. Deviations requested are listed below
Hoover Way Townhomes – PUD/Subdivision Narrative Page 2 of 16
6. Calculated net residential density = 18.33 units/acre
7. Standard 60’ Right-of-Way Georgia Marie Lane with 31’ standard street width
8. Right-of-Way at Hoover Way varies from 50’ to 60’ due to curvature of park property line,
however, maintains standard 31’ road width with 5’ sidewalk along west side and 6’
sidewalk along park frontage as recommended by City Engineering Department.
9. Boulevard plantings along public open spaces and native plantings in wetlands and upland
buffers
Please refer to the attached application packet for additional details.
Figure 1- Hoover Way Property
3) Property History & Existing Conditions
The proposed Hoover Way PUD is situated within the previous boundaries of the Baxter Square
Subdivision PUD located in the E ½ of the SW ¼ of Section 35, Township 1 South, Range 5 East,
Gallatin County, Montana. The property is currently undeveloped. The surrounding area is zoned
R‐3 to the south/east (Baxter Square Subdivision), R‐4 to the north, and county property zoned
AS to the west. Approximately 18.12 acres of property located north of Baxter Lane and west of
Thomas Drive in Bozeman was developed as part of the Baxter Square Subdivision Planned Unit
Development (PUD) approved in 2003, which included the now developed Baxter Square Phase 1
and Phase 2. The Bozeman City Commission approved Baxter Square Planned Unit Development
to be developed in four phases with a total of 116 dwelling units. A major subdivision for Baxter
Square Phase 3 (application # P14040) was approved in 2014 and has now been constructed. In
reference to the adjacent Phase 3 parcel, the November 2014 staff report states, “The property was
originally part of the Baxter Square Planned Unit Development (PUD) approved in 2003. At that time, the
subject parcel included the entire horseshoe property around the existing open space and parkland. The PUD
planned for a connected and coordinated development around the open space and parkland. The PUD has
expired, and the property split was into two lots with different owners.” The Hoover Way property was
originally designed and platted specifically for the implementation of Baxter Square PUD Phase 4,
however, because Baxter Square PUD was not completed in its entirety and has since expired this
application is necessary to complete the previously planned development of this parcel.
A delineation identifying wetlands on the original property was completed in July 2003 as part of
the Baxter Square PUD. Vaughn Environmental Services completed an updated wetland
delineation on this parcel using the current Corps of Engineers (COE) guidelines in May 2017.
HRDC is working with Vaughn Environmental Services to obtain a 404 permit for the project
development.
Hoover Way Townhomes – PUD/Subdivision Narrative Page 3 of 16
4) Affordable Housing
The subdivision is proposing to utilize Section 38, Article 43, BMC Affordable Housing. The
attached Affordable Housing Plan outlines the project’s compliance with Article 43, BMC. Hoover
Way’s 24 townhomes will be affordable in perpetuity as part of a Community Land Trust which
goes far above and beyond the current City requirements.
The project is utilizing the following incentives from Article 43: impact fee subsidy, reduction in
parkland, reduced minimum lot sizes, concurrent infrastructure housing construction, expedited
building permit review, and reduced parking requirements.
The property owner and applicant, HRDC has a proven record of providing affordable housing to
the City of Bozeman residents. HRDC is a private, non-profit community action agency, dedicated
to strengthening community and advancing the quality of people’s lives. HRDC provides over 40
services across seven strategic areas, including affordable housing. HRDC is committed to
providing innovative housing solutions across all levels of the housing continuum, from
homelessness to homeownership that ensure that every member of our community can afford a
place to call home. Previous affordable housing efforts have ranged from the opening of the
community’s Warming Center, providing 40 beds of emergency shelter, to the development of
West Edge Condominiums, which provided 84 units of affordable homeownership housing.
Despite these achievements, affordable housing remains a critical need in the Bozeman
community. The proposed project expands upon the success of the West Edge condominiums to
provide an affordable homeownership opportunity to 24 more households. As the homes will be
developed on townhome lots, HRDC proposes placing the lots in a Community Land Trust to
guarantee affordability in perpetuity. HRDC has over 20 years of experience in land trust
stewardship, having developed Montana’s first community land trust, the West Babcock homes.
Utilizing the land trust concept will allow HRDC to achieve deeper affordability levels. In addition
to the pricing structure, HRDC has the capacity to provide down-payment assistance in the form
of silent second mortgages to qualified households. The project will also have owner occupancy
requirements and resale restrictions to ensure that the homes remain a community asset in
perpetuity.
Hoover Way Townhomes – PUD/Subdivision Narrative Page 4 of 16
5) Wetlands
This property was previously planned with an approved preliminary plat containing 24 townhouse lots
and no indication of wetlands setbacks. The property was never formally platted and was abandoned by
the previous owner and foreclosed upon by the lender. The HRDC later acquired the property with the
goal of developing the previously proposed townhouse development as an affordable housing
development. This is a unique project in that it is 100 percent affordable in perpetuity as part of a
Community Land Trust.
During review of the preliminary plat application the applicant was informed that an updated wetland
delineation and report would be required and that setbacks which were not identified on the previous
preliminary plat are required from connected wetlands. The updated wetland delineation and report
revealed that the existing wetlands are connected to Cattail Creek and that setbacks from four wetland
areas would affect development of the property. Due to the proximity of these wetland areas and the
requirement to adhere to the existing street development pattern (see attached Waters of the US
Delineation Report and site plan drawings), the standard 50-foot connected wetland setbacks would
render a significant portion of the project site undevelopable.
Over the past year the HRDC has been working with the city to identify the best approach to
development on this parcel including a preliminary plat application, a variance application (withdrawn),
and now a preliminary PUD application. With this preliminary PUD application, the HRDC is requesting
a dimensional relaxation (PUD Deviation) from Section 38.23100.A.2.c “Watercourse Setbacks” to allow
a reduction in the required 50’ setback width from on-site and off-site connected wetlands. The
applicant is proposing the 50’ setback be reduced in limited areas as shown on the attached site plan
(A1.1) and wetlands setback/buffer exhibit (A1.2). While the overall 50’ setback is proposed to be
reduced to as little as 30’ in limited areas, all areas would respect the usual 30’ wide Zone 1 and most
areas would respect the usual additional 20’ wide Zone 2 (see attached colored site plan exhibit and
other submittal materials). These requested dimensional deviations specific to this PUD will allow the
Hoover Way Subdivision to more effectively put into action one of the City’s highest priorities,
affordable housing.
The PUD application also includes a request to allow a portion of new gravel trail that does not cross the
wetland to be constructed on the existing elevated railroad grade within Zone 1 of the required
watercourse/connected wetland setback. This is necessary as an east/west trail connection is required
through the project site and is located by the PROST plan on the existing elevated railroad grade which
will remain intact within open space lot #3 (see attached colored site plan exhibit and other submittal
materials). Preliminary feedback from city staff, city parks staff and DRC members have been supportive
of this proposed trail location. It is anticipated that the trail will continue to the west along the railroad
grade as areas to the west of the project site are developed in the future.
Key information for consideration with this PUD wetland setback dimensional relaxation request
include:
1. The applicant submitted a concept PUD application on October 5, 2017 and has incorporated
feedback from City Staff and Development Review Committee members which is reflected in this
preliminary PUD submittal.
Hoover Way Townhomes – PUD/Subdivision Narrative Page 5 of 16
2. The original 404 permit for the Baxter Square PUD approved in 2003 had authorized filling in the
wetlands located on either side of the railroad grade. The HRDC acquired the property with the
understanding that the previously approved 2003 delineation and 404 permit would apply to this
project and allow them to proceed with filling in (“impacting”) the railroad grade wetlands and
preserving the mitigation wetland in the park (“park pond”). However, because the permit
expired before the wetland impacts were completed, the COE is requiring a new 404 permit. The
2017 delineation also revealed that since 2003 the wetland north of the railroad grade had
expanded by 43 percent and the mitigation wetland south of the railroad grade had increased by
64 percent. Increases in the surface water levels are likely the result of an increase in the extent
of impervious surfaces and outflow from groundwater drains from adjacent parcels to the south.
3. A portion of the wet meadow that has expanded north of the railroad grade will be impacted
(filled) to the west property line, leaving the wetland swale north of the railroad berm on the
adjacent property intact. City staff has indicated that a 50-foot setback will also be required from
the adjacent offsite wetland, rendering a majority of this area unbuildable. These adjacent
wetlands are outside the City’s jurisdictional boundary and outside the control of the applicant.
Note that the lots on the west side of the parcel are also constrained by existing development to
the south, specifically the requirement to align Hoover Way with the portion to the south of
Sartain Street while maintaining required public street frontage for the existing park.
4. HRDC is proposing to avoid and minimize impacts to site wetlands (as required by the Corps of
Engineers) to the extent possible by preserving as much of the wetland complex located south
and north of the railroad grade as possible. Providing a surface water connection between the
mitigation pond and the wetland swale that discharges to Cattail Creek 368 feet west of the
project will maintain water quality, structural diversity, and habitat diversity. Impacting/filling
wetlands in order to comply with City watercourse setbacks would defeat the purpose of
imposing environmental standards meant to protect and benefit surface water resources. The
dimensional relaxation is necessary to balance the public’s interest in preserving wetlands and
providing affordable housing.
5. Because the Baxter Square PUD originally incorporated narrow streets within easements on
private lots, Phase 3 to the east was originally designed with a narrow road along the north
boundary of the park. With the expiration of the Baxter Square PUD narrow private roads are
no longer an option. With this change, Baxter Square Phase 3 to the east has proceeded with a
street (Georgia Marie Lane) designed and constructed in a different location than was previously
approved and anticipated in former applications. Required street connectivity forces Georgia
Marie Lane to align with the newly constructed portion which places lots directly adjacent to the
park. These lots are now located between the road and the adjacent wetland pond in the park
to the south. Every effort has been made to move these lots as far to the north as is reasonably
possible while connecting Georgia Marie Lane and providing full 20’ deep rear yards for all
dwellings.
The applicant is proposing to implement several strategies to provide additional wetland protection in
the reduced watercourse setback areas and to offset any reduction in usable outdoor space for
residents:
1. Vegetation of upland buffers within watercourse setbacks with drought-tolerant native species
and relocation of existing mature wetland trees and shrubs to the edge of upland buffer areas.
Hoover Way Townhomes – PUD/Subdivision Narrative Page 6 of 16
2. Relocation of existing wetland species sod to disturbed areas to expedite soil stabilization – See
landscape plans.
3. Fences positioned strategically to reduce human and pet traffic adjacent to upland buffer areas
adjacent to private yard areas.
4. Delineation of wetland areas with wetland boundary signage. See attached draft sign exhibits
on sheet A1.3.
5. Additional educational signage providing information on wetland type, wetland species
composition, wetland habitat users, and wetland buffers. See attached draft sign exhibits on
sheet A1.3.
6. Addition of dog station at park pond to encourage control of dog waste in sensitive areas. See
attached draft sign exhibits on sheet A1.3.
7. Incorporation of restrictions dumping of yard waste and application of fertilizers and herbicides
in all common parcels. See attached draft of Declaration of Restrictive Covenants.
6) Parkland and Open Space
The original Baxter Square PUD constructed parkland for the area within the Hoover Way Subdivision. The final
plat for Baxter Square Subdivision Phase 3 includes a parkland calculation tabulation indicating an excess of 0.56
acres of parkland which provides the necessary parkland for this proposed subdivision. No additional parkland
dedication is proposed. No cash-in-lieu for parkland is proposed. A parkland calculation table is provided on sheet
A 1.0. Open space is provided to each dwelling via a landscaped rear yard. While common open space lots are
proposed with this PUD they are not intended to meet the required open space.
7) PUD Requested Deviations
The following deviations are anticipated with this Planned Unit Development (PUD). As stated in Section
38.20.030.A.4.a: “… in order to encourage creativity and design excellence that would contribute to the character
of the community, deviations from the requirements or the standards of this chapter may be granted by the
review authority after considering the recommendations of the applicable review bodies established by this
chapter. The following deviations are proposed with this Planned Unit Development:
1. Section 38.08.040.A - Lot Area
Required: 2,500 SF Minimum (averaging of lot areas allowed for townhome clusters for affordable
housing developments)
Proposed: 2,350 +/- SF average lot size for three unit townhome clusters and 2,300 +/- SF average lot size
for four unit townhouse clusters.
Rationale:
• Reducing lot sizes is necessary to maximize wetland buffer widths for certain areas while aligning new
roads with existing and future roads.
• All lots meet maximum lot coverage requirements.
• Building designs incorporate large covered front porch and recessed private back patio areas in an
effort to enhance the livability of the units considering the reduced sized lots.
• All lots provide full 20’ deep rear yards the full width of the lot
• Privacy fences will be provided for areas of the rear yards where adjacent to other yards to enhance
privacy of the residents.
Hoover Way Townhomes – PUD/Subdivision Narrative Page 7 of 16
• Open fences will be provided along open space and park areas to create a more visually open feeling
rear yard and allow residents to enjoy views to the open spaces and park areas.
2. Section 38.23.100.A.2.c - Watercourse Setbacks (for “connected” wetlands)
Required: 50’ for wetlands “connected” to a watercourse. Setbacks are to be divided into Zone 1 (60%
closest to watercourse) and Zone 2 (40% farthest from watercourse) as described in Section 38.23.100
with allowed exceptions per Section 38.23.100.2.e.
Proposed: The PUD specifically requests a reduction of the required 50’ connected wetlands setback to a
setback that varies from 50’ to a minimum of 30’ for on-site and off-site wetlands in certain areas as
indicated on the attached colored site plan and the ability to construct a trail in Zone 1 along the existing
elevated railroad grade.
Rationale:
• Although Cattail Creek is located approximately 368 feet away, there is a surface water connection and
therefore 50’ watercourse/connected wetland setbacks are required. Due to the proximity of four
wetland areas, standard 50-foot setbacks would render a significant portion of the project site
undevelopable.
• Several lot and road configurations have been explored and discussed with city Staff over the past
year. As a result of these discussions the total number of buildings/lots have been reduced
significantly and buildings have been located strategically to be as far from wetlands as possible. Road
alignments have been tailored to the specifics of this site while adhering to required engineering
standards to the greatest extent possible. Wetland impacts have also been reduced as much as
possible to balance preservation of wetlands and the development of the affordable housing land
trust.
• An east/west trail connection is required by the PROST plan and is shown on the existing railroad
grade, which although elevated, falls within “Zone 1” of the connected wetland setback. In accordance
with the PROST Plan it is anticipated that the trail will continue to the west along the railroad grade as
areas to the west of the project site are developed in the future.
• The HRDC is requesting dimensional deviations from these requirements to allow the Hoover Way
Subdivision to put into action one of the City’s highest priorities, affordable housing. This is a unique
project in that it is 100 percent affordable in perpetuity as part of a Community Land Trust.
3. Section 38.24.020 - Street and Road Dedication
Required: 60’ right-of-way for local streets
Proposed: 50’ right-of-way for a small section of Hoover Way adjacent to the public park as indicated on
the attached site drawing
Rationale:
• This project seeks to dedicate a right-of-way for Hoover Way that gradually increases from 50’ to 60’.
• The portion of reduced right-of-way width is adjacent to the open space/park parcel already owned by
the City of Bozeman.
• The hardscape elements are proposed to meet the City standards (back of curb to back-of-curb width
is 31’ and the sidewalk widths are 5’ along the lots and 6’ along the park). Boulevard sections have
been adjusted to move sidewalks as far from wetlands as possible.
• The proposed portion of Hoover Way connects to the existing Hoover Way (a narrow private looped
street) to the south that was established with a previous PUD.
Hoover Way Townhomes – PUD/Subdivision Narrative Page 8 of 16
4. Section 38.08.050. – Front yard setback reduction
Required: 15 foot front yard setback (adjacent to local streets)
Proposed: A reduced front yard setback for the single townhouse located on Block 3, Lot 6 to allow for
the jog in road R.O.W./property line.
Rationale:
• The reduced setback is necessary due to irregular street location and right of way configuration which
results from efforts to distance development from wetland areas within the park. See attached
enlarged site drawing on sheet A1.3.
• Effective distance from building to sidewalk and street is the same as other units in the cluster so the
requested deviation will not result in a visibly unique condition.
5. 38.09.030.H.4. – Special Standards – Vehicle Entrance into Garage
Required: 20’ from garage entrance to property line
Proposed: The single townhouse located on Block 3, Lot 6 is proposed to be 14’ from garage entrance to
property line.
Rationale:
• Dimensional deviation is necessary due to irregular street location and right of way configuration
which results from alignment of Sartain Street and efforts to distance development from wetland areas
within the park to the south. See attached enlarged site drawing on sheet A1.3.
• The distance from the garage entrance to the sidewalk edge is the same as all others along this portion
of the street due to the atypical boulevard dimensions. This dimensional deviation will not result in a
visibly unique condition. See attached enlarged site drawing on sheet A1.3.
6. 38.26.060 – Landscaping Performance Standards – (Table 38.26.060-1)
Required: 15 points for “Residential PUD non-site-specific open space”
Proposed: 15 points total. 10 points are proposed to be provided with standard methods. 5 points are
proposed to be provided via an alternate method based on preservation of existing mature vegetation in
existing wetlands and re-establishment of transplanted vegetation in disturbed areas. See rationale
outlined below and attached landscape drawings.
Rationale:
• There are three open space parcels within the project boundaries. City staff has indicated that all three
open space parcels may ‘cumulatively’ meet the 15 points required.
• The 20’ wide open space parcels #1 and #2 are occupied by underground storm water treatment systems
that do not allow for plantings of deep or shallow rooted trees or shrubs. While boulevards adjacent to
these parcels will contain appropriately spaced boulevard trees, the areas within the parcels will not
contain trees. The proposed design provides for useable lawn areas with large feature boulders that add
visual interest and can be used in all seasons for informal seating and as play features.
• Open space parcel #3 is occupied by the existing railroad grade and two wetland areas and the proposed
section of trail. This area encompasses a well-developed mature overstory of native trees, shrubs,
and grasses that will be maintained and protected to the extent possible. Existing herbaceous sod and
Hoover Way Townhomes – PUD/Subdivision Narrative Page 9 of 16
non-senescent woody plants from permanently impacted wetland areas will be salvaged and transplanted
to disturbed areas that exhibit wetland hydrology. The trail on the historic railroad grade will access a
large wetland complex providing the pubic with recreational opportunities that include walking and
birding. Signage throughout the open space areas will be used to educate the public on the role wetlands
play in a functional watershed, the diversity of plants and animals that inhabit the wetland, and the
methods used to preserve the functionality of the wetland.
8) Phasing
The applicant intends to develop the entire project including the subdivision, all subdivision improvements,
individual buildings, and landscaping as a single project at the same time, however, the applicant would like to
have the ability to achieve occupancy for individual buildings as they are completed in succession. As a result the
project is being proposed to be completed in 4 phases as described below and shown on the attached phasing
plan. Proposed phases will be completed successively, therefore, no master plan or development guidelines
associated with future construction of phases are included. See attached phasing exhibit and calculations.
1. Phase 1 – Subdivision and all subdivision improvements in all right of way and open space parcels
including finished landscaping as well as buildings 1,2,3 & 4 and all associated improvements within their
associated lot lines including all landscaping, fences, hardscapes, etc.
2. Phase 2 - building 5 and associated improvements within the lot lines including all landscaping, fences,
hardscapes, etc.
3. Phase 3 - building 6 and associated improvements within the lot lines including all landscaping, fences,
hardscapes, etc.
4. Phase 4 - building 7 and associated improvements within the lot lines including all landscaping, fences,
hardscapes, etc.
9) Concurrent Construction
The applicant’s intention is to apply for building permit review and issuance of building permits prior to completion
of the public infrastructure as identified under section 38.39.030.D of the Unified Development Code.
The concurrent construction is planned for all townhomes within the PUD. The request is to allow review of
building permit applications and issuance of building permits so that construction of buildings may begin prior to
completion of the infrastructure improvements. Municipal water distribution and sanitary sewer collection
systems will be installed, tested, and approved by the City to provide service to these lots prior to the start of
building construction. The City streets adjacent to the properties within the project will be installed to all weather
gravel standards prior to the start of building construction. Arrangements will be made with the providers of
private utilities to ensure adequate provisions are made to provide these services when they are needed.
The HRDC will enter into an improvements agreement with the City of Bozeman to financially guarantee any
remaining infrastructure and to complete street and sidewalk improvements. The amount of the financial
guarantee will be determined from the contracted bid price, and will be in the amount of an agreed upon
percentage of the bid cost for this remaining work. The financial guarantee will be in the form of a letter of credit
or other method acceptable to the City.
At the time building construction starts, remaining work will include completion of sidewalks, curb and gutter,
crushed base, street paving, and landscaping within the open space parcels, wetland buffer areas and boulevard
areas and wetlands signage. Construction of the infrastructure improvements in the Hoover Way Townhomes PUD
are anticipated to start in the spring of 2018 with completion by early summer of 2018. This arrangement will
allow building construction to start prior to the paving and concrete work for the streets and allow for completion
of buildings in early 2019.
Chronologically the procedure to obtain building permits is:
▪ Obtain preliminary Plat approval for the Hoover Way Townhomes PUD/Subdivision from City Commission.
▪ Submit building plans and applications for building permit review.
Hoover Way Townhomes – PUD/Subdivision Narrative Page 10 of 16
▪ Construct the required improvements to obtain building permits: Water, Sewer, and Streets to an all
weather gravel standard. Water and Sewer will be fully tested and accepted by the City. Interim record
drawings for water and sewer infrastructure will be submitted to the City Engineer.
▪ Financially guarantee the remaining subdivision improvements with final plat.
▪ Obtain insurance necessary to meet the requirements of the City.
▪ Release building permits.
▪ Start individual home construction concurrent with the construction of the remainder of the subdivision
improvements.
The subdivision will be constructed by a qualified site contractor and all buildings will be constructed by a single
qualified building contractor. Coordination of construction activities will be an important aspect of the concurrent
construction plan. Temporary maintenance will be necessary through the construction period. A bid item for
maintenance of roads will be included in the bid documents for the prime subdivision contractor on the project.
This bid item includes maintenance necessary to keep access roads clear and accessible including snow removal if
it should become necessary. Access to and from the homes being constructed will be coordinated with the
building contractor. Careful scheduling of the paving improvements will also be necessary to minimize conflicts
with the other construction activities. Considerable gravel grading and replacement is anticipated to prepare the
gravel courses for paving following the temporary use. It will also be necessary to coordinate building elevations
with the home builder to ensure that buildings are accurately located and proper elevations for finish floors are
established.
The applicant recognizes that a high level of coordination related to the concurrent construction issues will be
needed throughout the project. All parties, including City staff, the developer, engineer, architect, private utility
companies, building contractor and infrastructure contractor will be needed to be involved in the coordination
effort.
The specific 13 criteria from Section 38.39.D have been addressed with this Preliminary Plat. Please see below:
1. The subject property shall be developed under the provisions of article 20 of this chapter;
Response: The subject property is being developed under the provisions of Bozeman UDC Section 38.20
“Planned Unit Development” and all dwellings meet the requirements for affordable housing per Bozeman
UDC Section 38.43 “Affordable Housing”.
2. The subdivider or other developer must enter into an improvements agreement to ensure the
installation of required infrastructure and other applicable improvements, to be secured by a financial
guarantee in an amount to be determined by the city, with said guarantee to be in the name of the city;
Response: The developers will enter into an Improvements Agreement to financially guarantee completion
of improvements necessary to complete all improvements identified in the Preliminary Plat submittal to
complete the Hoover Way Townhomes PUD/Subdivision.
3. Approval of the final engineering design, including location and grade, for the infrastructure project must
be obtained from the engineering department, and the state department of environmental quality when
applicable, prior to issuance of any building permit for the development;
Response: The developer agrees that final approval of all engineering plans and specifications will be
required by both the City of Bozeman Engineering Department and the Montana Department of
Environmental Quality prior to issuance of any building permits.
4. Building permits may be issued incrementally, dependent upon the status of installation of the
infrastructure improvements. All building construction within the PUD shall cease until required phases
Hoover Way Townhomes – PUD/Subdivision Narrative Page 11 of 16
of infrastructure improvements as described in the PUD have been completed, and inspected and
accepted by the city;
Response: The Hoover Way PUD/Subdivision phasing plan and infrastructure plans illustrate the
improvements proposed to be required prior to issuance of the building permit. In general water, sewer,
and streets to an all-weather gravel standard will be constructed providing these services and access to the
homes under construction. The water and sewer facilities will be tested and accepted by the City. Interim
record drawings for water and sewer infrastructure shal be submitted to the City Engineer.
5. The subdivider shall provide and maintain fire hazard and liability insurance which shall name the city as
an additional insured and such issuance shall not be cancelled without at least 45 days prior notice to the
city. The subdivider shall furnish evidence, satisfactory to the city, of all such policies and the effective
dates thereof;
Response: Property owner will provide all necessary fire hazard and liability insurance prior to the issuance
of a building permit.
6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because certain public
services do not exist at the site;
Response: The property owner recognizes, acknowledges, and assumes the increased risk of loss for public
services that do not exist ant the site and will provide a written agreement to this effect prior to issuance of
building permits.
7. The subdivider shall enter into an agreement with the city which provides for predetermined
infrastructure funding options;
Response: See Item 2 above.
8. No occupancy of any structures or commencement of any use constructed or proposed within the
boundaries of the PUD will be allowed until required infrastructure improvements have been completed,
and inspected and accepted by the city, and a certificate of occupancy has been issued;
a) No occupancy of structures or commencement of any use shall occur when such action would
constitute a safety hazard in the opinion of the city;
Response: Occupancy or commencement of any use constructed or proposed within the boundaries of
the project will not occur prior to acceptance and completion of all predetermined infrastructure
necessary to provide full public services. Portions of the improvements that do not present a safety
hazard may be financially guaranteed and completed following occupancy of homes. See proposed
phasing plan.
9. The subdivider shall enter into an agreement with the city to address the provision of any services on an
interim basis during construction, if deemed appropriate;
Response: At this time it is not anticipated that services on an interim basis will be required. Municipal
water distribution and sanitary sewer collection services will be installed prior to issuance of the building
permit. Water for domestic purposes will not be used until a meter is installed in the structure. Water for
construction purposes, if necessary, will be obtained from other sources.
10. The subdivider shall execute a hold harmless and indemnification agreement indemnifying, defending
and holding harmless the city, its employees, agents and assigns from and against any and all liabilities,
loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a
building permit under this section;
Response: The property owner will enter into a Hold Harmless and Indemnification Agreement, acceptable
to both parties, prior to issuance of building permits.
11. The subdivider shall pay for any extraordinary costs associated with the project which the city may
identify, including, but not limited to, additional staff hours to oversee the planning, engineering and
construction of the project and infrastructure improvements, inspection of the infrastructure
improvements and any extraordinary administrative costs;
Hoover Way Townhomes – PUD/Subdivision Narrative Page 12 of 16
Response: No additional costs are anticipated as a result of this request. Infrastructure plans and
specifications will be submitted and reviewed under typical submittal criteria. See number 3 above.
12. The development shall be under the control of a single developer and all work shall be under the
supervision of a single general contractor. The developer and general contractor shall agree that there
shall be no third-party builders until required infrastructure improvements have been completed, and
inspected and accepted by the city; and
Response: The development shall be under the control of a single developer and all infrastructure shall be
under the supervision of a single qualified site contractor. The building contractor will not begin work until
the infrastructure improvements required by the Concurrent Construction Plan are in place and approved
by the City. At this time the remainder of the improvements will be financially guaranteed allowing a final
plat to be recorded for the subdivision.
13. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all
requirements of this section, shall be submitted for review and approval of the review authority with a
recommendation from the development review committee.
Response: This section of the preliminary plat submittal provides the required concurrent construction plan
addressing all requirements of this section. It is submitted concurrent with the preliminary plat submittal
for review and approval by the review authority and recommendation by the DRC.
10) General land use information
A. Site conditions: site is currently un-developed land
B. Land characteristics: site is comprised of gently sloping land, a raised railroad grade, and wetland areas.
There are piles of mixed earth/gravel fill located on the south west portion of the site that will be
removed – see attached survey.
C. Available Community Facilities within ½ mile: post office, church, park, trails
D. Utilities: PUD/Subdivision proposes to extend water and sewer mains into project site to serve all lots.
Northwestern energy and other private utilities will be provided easements for underground electrical,
gas, and communications lines.
Hoover Way Townhomes – PUD/Subdivision Narrative Page 13 of 16
11) MAPS – (source: City of Bozeman GIS Mapping)
PROJECT LOCATION WITH CURRENT PARCELS AND CITY LIMITS
CURRENT ZONING
Hoover Way Townhomes – PUD/Subdivision Narrative Page 14 of 16
EXISTING/CURRENT LAND USE
NEIGHBORHOODS AND ENTRYWAY CORRIDORS
ORANGE (INDICATES PROJECT LOCATION)
GREEN = PARKS/OPEN
YELLOW = RESIDENTIAL
BLUE = CHURCH
Hoover Way Townhomes – PUD/Subdivision Narrative Page 15 of 16
COMMUNITY PLAN FUTURE LAND USE
PARKS TRAILS AND OPEN SPACE
Hoover Way Townhomes – PUD/Subdivision Narrative Page 16 of 16
WATER FEATURES AND WETLANDS (GENERAL MAP – SEE ATTACHED WETLANDS REPORT AND EXHIBITS)
Statements of objectives and conformance to city policy and plans
a. Statement of applicable City land use policies and objectives achieved by the proposed plan and
how it furthers the implementation of the Bozeman Community Plan, provide specific land use goals
and objectives in the Community Plan that are furthered by the proposed PUD
The main goal of the proposed Major Subdivision / PUD is to provide a connected and quality
neighborhood of 24 affordable housing townhomes as part of a land trust to ensure that the project is
reserved in perpetuity for income-qualifying citizens. This most directly implements Goal H-3 of the
Community Plan which states: “Encourage an adequate supply of affordable housing and land for
affordable housing.”
Other goals include:
• “Objective C-2.1: Require adequate and efficient circulation in all subdivisions and site plans and
provide connectivity between developments and major destinations for both the pedestrians
and vehicles, including human powered vehicles.” This objective is implemented by the
proposed street connectivity as well as the start of a trail system along the railroad grade.
• “Goal HP-1: Protect historically and culturally significant resources that contribute to the
community’s identity, history, and quality of life.” The northwest section of town has the
opportunity to celebrate the railroad’s history with a trail system that begins at the existing park
and continues northwest along the railroad grade. The adjacent wetlands add to the uniqueness
of this potential community resource.
• “Objective E-2.1: Protect, restore, and enhance wetlands in the planning area.” While the
proposed PUD does include relaxations related to wetlands setbacks to facilitate the
affordability component, the project is proposing to implement several strategies to provide
additional wetland protection within these reduced setbacks including to better balance the
community needs:
o Vegetation of upland buffers within watercourse setbacks with drought-tolerant native
species and relocation of existing mature wetland trees and shrubs to the edge of
upland buffer areas.
o Relocation of existing wetland species sod to disturbed areas to expedite soil
stabilization
o Fences positioned strategically to reduce human and pet traffic adjacent to upland
buffer areas
o Delineation of wetland areas with wetland boundary signage (see attached exhibit)
o Additional educational signage providing information on wetland type, wetland species
composition, wetland habitat users, and wetland buffers (see attached exhibit)
o Addition of dog station at park pond to encourage control of dog waste in sensitive
areas
• “Objective R-1.5: Connect the community using trails.” Again, the proposed start of the railroad
trail will help to connect neighborhoods in this part of town as future development occurs in
accordance with the PROST Plan.
• “Objective T-1.4: Ensure that adequate interconnections are made throughout the
transportation system to ensure a variety of alternatives for trip routing and reduce total travel
distance.” This project will continue to complete the street and sidewalk grid in this area of
town. The trail starting at the park can set the stage for an interconnected future pedestrian and
bike network.
• “Objective T-4.1: Coordinate development of nonmotorized transportation systems in
conjunction with motor vehicular transportation systems.” Again, this objective is related to the
bike and pedestrian facilities.
b. Statement of proposed ownership of public and private open space areas and applicant’s intentions
with regard to future ownership of all or portions of the PUD
The open space will be owned and maintained by the Property Owner’s Association as is typical
for new subdivisions. Individual townhouse units will be sold to income qualified individuals and
families while the lots will be retained by the Land Trust and leased back to the home owners. The
project will have owner occupancy requirements and resale restrictions to ensure that the homes
and properties remain a community asset in perpetuity. Refer to the Affordable Housing Plan for
more information.
c. Estimate of number of employees for business, commercial, and industrial uses
Non-applicable – there are no proposed commercial or industrial uses in this application.
d. Description of rational behind the assumptions and choices made by the applicant
This project has a long history that was described in detail as part of the project narrative. In summary,
there are significant existing conditions that limit options for subdivision design. One key feature is the
need to connect the existing and proposed street network to the south, east and north of the site.
Another factor is to provide street frontage along Hoover Way for the existing park. Additionally, the
proposed layout is designed to avoid and minimize impacts to site wetlands to the extent possible by
preserving as much of the wetland complex located south and north of the railroad grade as possible
while balancing the City’s stated needs for more affordable housing. Providing a surface water
connection between the mitigation pond and the wetland swale that discharges to Cattail Creek 368’
west of the project will maintain water quality, structural diversity, and habitat diversity. Overall, the
proposed layout balances the public’s interest in connecting transportation networks, preserving
wetlands and providing affordable housing.
e. The applicant shall submit as evidence of successful completion of the applicable Community
Design objectives and Criteria of Section 38.20.090.E, documentation pursuant to these regulations
for each proposed use; the applicant shall submit written explanation for each of the applicable
objectives or criteria as to how the plan does or does not address the objective or criterion; the
Director may require, or the applicant may choose to submit, evidence that is beyond what is required
in that section; any variance from the criterion shall be described
The only use proposed with this project is residential townhomes with associated streets and open
spaces. Note that proposed relaxations are outlined with justification provided in Section F of the
narrative.
Section 38.20.090.E requires adherence to the following:
All development.
(1) Does the development comply with all city design standards, requirements and specifications for the
following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire
protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and
streets?
Yes. The development complies with city design standards except where relaxations are noted.
(2) Does the project preserve or replace existing natural vegetation?
Yes. The project preserves existing vegetation along the wetlands.
(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.)
designed and arranged to produce an efficient, functionally organized and cohesive planned unit
development?
Yes. Because this PUD includes lots and buildings, the site plan has been meticulously planned to form
an efficient, organized, and cohesive PUD.
(4) Does the design and arrangement of elements of the site plan (e.g., building construction,
orientation, and placement; transportation networks; selection and placement of landscape materials;
and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the
project?
Yes. The neighborhood layout connects to the surrounding and future development to promote an
efficient transportation network for cars, bicycles, and pedestrians. Proposed landscape materials are
appropriate to the site and each specific area within the site (wetlands, yards, open spaces, etc.).
Housing units are designed to be energy efficient to keeps utility costs low for future residents.
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.)
designed and arranged to maximize the privacy by the residents of the project?
Yes. Each home has a hierarchy of public and private spaces including private rear decks, yards, front
porches, open spaces, and parks and natural areas connected by trails and sidewalks.
(6) Park land. Does the design and arrangement of buildings and open space areas contribute to the
overall aesthetic quality of the site configuration, and has the area of park land or open space been
provided for each proposed dwelling as required by section 38.27.020.
Parkland has already been addressed for this project as previously noted. The proposed open space will
add to the existing and proposed wetland areas.
(7) Performance. All PUDs shall earn at least 20 performance points
(a) Provision of affordable housing. Exclusive of housing used to satisfy chapter 38, article 43: (ii) One
point for each percent of dwellings to be constructed in the residential development which are provided
by long term contractual obligation to an affordable housing agency, for a period of not less than 20
years, with a written plan assuring on-going affordability pricing and eligibility monitoring, and annual
re-certification. The city's affordability guidelines and subsequent revisions shall establish affordability
and eligibility.
The total PUD points generated by this project is 90 points calculated as one point for each percentage
of affordable housing units above the 10% minimum required for all developments:
100% affordable units - 10% required affordable units =
90% above minimum required affordable units which equates to 90 PUD points
Of the 90 points generated by this project, only 20 need to be applied to this project. The HRDC is
interested in working with city staff to identify a procedure to credit or bank the excess points/units.
b. Residential.
(1) On a net acreage basis, is the average residential density in the project (calculated for residential
portion of the site only) consistent with the development densities set forth in the land use guidelines of
the city growth policy?
Yes. The proposed density is appropriate for the R-3 zoning district. The HRDC wanted to limit the land
use to a mix of three and fourplex townhomes to maintain the character and scale of the neighborhood.
(2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for
use by the residents and employees of the project which are sufficient in size and have adequate light,
sun, ventilation, privacy and convenient access to the household or commercial units they are intended
to serve?
Yes. Each unit has a porch as well as a rear patio – please refer to the floor plans and size plans.
(3) Does the project provide for outdoor areas for use by persons living and working in the development
for active or passive recreational activities?
Yes. The project includes a mix of passive (wetlands) and active (open spaces) areas in addition to the
private yards to allow a variety of recreational activities.
(4) If the project is proposing a residential density bonus as described below, does it include a variety of
housing types and styles designed to address community wide issues of affordability and diversity of
housing stock?
Non-applicable. The project is not proposing a residential density bonus.
(5) Is the overall project designed to enhance the natural environment, conserve energy and to provide
efficient public services and facilities?
Yes. The project is the result of a careful balancing of all the community needs.
(6) Residential density bonus.
Non-applicable. The project is not proposing a residential density bonus.
f. Detailed description of how conflicts between land uses are being avoided or mitigated;
No significant conflicts between land uses have been identified. As previously noted, the project was
initially part of the larger Baxter Square PUD which includes the similarly developed properties to the
east and south. This project connects to the streets established with those subdivisions. In addition, the
proposed layout provides an additional north/south future street connection (Hoover Way) to the
narrow vacant parcel to the north (zoned R-4) which allow more options for additional connectivity and
secondary egress for this adjacent landowner. The property to the west already has a street connection
via Sartain Street. Rear yards adjacent to the properties north and west will help to provide a sufficient
buffer.
g. Statements of design methods to reduce energy consumption, (e.g. - home/business, utilities,
transportation fuel, waste recycling).
The following measures have been incorporated in an effort to reduce energy consumption:
• Higher density concentrates number of dwellings served by existing infrastructure reducing the
need to expand and enlarge infrastructure
• Clustered dwellings and efficient building envelope reduces exterior envelope
• High efficiency windows
• High efficiency heating systems
• High efficiency lighting
November 8, 2018
Hoover Way Townhomes
PUD Concept review comments/responses
Prepared by Henri Foch, Intrinsik Architecture, Inc.
Recommendation: Not applicable to a CPUD application. Code provisions must be satisfied with submittal
of a formal application.
The following comments should be considered in preparation of the Preliminary PUD and revisions to
the Preliminary Plat Applications. Please note that the formal preapplication/ concept review was
waived by the Planning Director due to the extent of prior review and discussions involving the Hoover
Way Preliminary Plat Application; however, as you aware, the application was reviewed by the Design
Review Board on October 11, 2017 and has been discussed with various departments. While staff has
attempted to identify all major issues and concerns during Concept Plan and Pre-Application Plan
review, additional comments or concerns may be identified during the next stage of the review process.
All references are to the Bozeman Municipal Code (BMC), primarily Chapter 38.
1. Summary of DRB comments: a. Consider a transition from standard sidewalk to an elevated boardwalk-style sidewalk
along the edge of wetland rather than a smaller boulevard at south end of Hoover Way. b. Consider educational signage highlighting wetlands. c. Explore the historic designation of the railroad berm.
d. Respond to the wetland features within the park with more organic layout of the subdivision rather than the current rectilinear form.
e. Architectural design for affordable units is a positive, particularly in the variety of building forms and provision of covered porches and patios. f. Jogs in the road are a favorable treatment to pull lots away from the wetland areas.
g. Trail along the railroad is a good amenity. h. Would prefer shorter driveways if parking wasn’t provided on site.
i. Impacts to the wetland are concerning.
• The applicant appreciates the thoughtful comments and input. We will consider incorporating these items where possible. At this time we are proposing the following with our application:
• Educational wetlands signage – proposed at two locations adjacent to the existing park wetland/pond – see attached signage exhibits
• Trail along the railroad grade – portion within project boundaries is proposed to be constructed with the project
• Jogs in the road have been rejected by city engineering staff due to safety concerns
2. Parks:
a. Area of wetland buffer west of Hoover Way should be designated as a common open space lot (as currently shown)—it is not sufficient for a parkland dedication.
b. The trail should be installed on the railroad berm (this concept was supported by wetland consultant due to the berm’s existing grade). c. Consider looking into a rail-to-trail grant for the trail.
d. Document any areas being proposed to add to parkland and include in the tracking table.
• All common open spaces will be designated as common open space lots rather than dedicated park space.
• Portion of trail within project is proposed to be constructed with the project.
• No land area is being proposed as added to the park parcel
3. Engineering:
a. Straighten the local streets rather than try to jog them due to safety concerns. Local
streets (including sidewalks) may be constructed in wetlands under the appropriate COE
permitting, so it shouldn’t be a problem to straighten Hoover Way. The 50-foot setbacks
don’t apply to streets.
b. It appears the boulevard width for the lots on the south side of Georgia Marie Lane could
be reduced to straighten the road through this portion of the project. The abrupt street
transition proposed in the drawings will create an unsafe traffic condition.
c. Ensure the curb bulb geometry is reviewed by an engineer to meet City standards.
• These comments have been incorporated into the updated drawings – see attached 4. Planning: a. Be very clear about the relaxations being requested to clarify how the areas within remaining buffer are intended to be treated in terms of zone 1 and zone 2. Recall that the
zones are established as a percentage of the overall buffer width.
• See updated narrative and exhibits – we are proposing keeping the inner zone (zone 1) at 30’
width throughout the project and only reducing the outer zone (zone 2) in limited areas where necessary. All full width and reduced setback areas are shown on the updated colored site plan. b. In areas where the full 50-foot buffer can be provided, show the full buffer width (for
example in the park).
• This comment has been incorporated into the updated drawings. c. Do not show any relaxations to the buffer width on property outside of the proposed subdivision.
• This comment has been incorporated into the updated drawings. d. Please clarify if all lots will require additional relaxation of the area requirements or indicate which lots are reduced.
• All residential lot clusters require reduction in minimum area requirements. See attached narrative and updated plat drawing with lot areas.
e. Consider an analysis of open space provided despite the reduced lot sizes.
• Residents have access to a landscaped rear yard. In addition each dwelling is provided a covered back patio approximately 8’x20’ (160+/- SF) and a covered front porch approximately 8’x13’ (104+/- SF) f. Clarify whether the reduced lot sizes will impact placement of utilities.
• Water and sewer lines will be clustered at shared property lines where possible. See attached site drawings and plat drawing.
November 7, 2016 January 17, 2018 (responses submitted with revised submittal
materials)
Intrinsik Architecture
Henri Foch
111 N Tracy Ave.
Bozeman, MT 59715
Matt Hausauer
C&H Engineering and Surveying
1091 Stoneridge Drive
Bozeman, MT 59718
RE: Hoover Way Major Subdivision Preliminary Plat Application 17117, Preliminary Planned
Unit Development Application 17532 and Variance 17120
Dear Mr. Foch and Mr. Hausauer:
Dear Addi, See responses below in GREEN from the applicants representatives.
The above referenced subdivision preliminary plat and subdivision variance applications
were received by our office on March 15, 2017 and were deemed acceptable for initial review
on March 22, 2017. The above referenced preliminary planned unit development
application (PUD) was received by our office on November 21, 2017 and was deemed
acceptable for initial review on November 28, 2017.
The Development Review Committee (DRC) discussed the preliminary plat and variance
applications on Wednesdays, April 12 and August 30, 2017 and discussed the PUD along with
revisions to the preliminary plat and variance on December 13, 2017. The DRC has
determined that the applications are adequate for continued review and have
recommended approval with conditions. The project is scheduled to continue through the
review process; however, please note that certain corrections are needed and must be
submitted prior to January 17, 2018 in order to ensure the following tentative meeting
schedule:
• The Design Review Board is tentatively scheduled to hold a public hearing on the PUD
application on January 24, 2018;
• The Planning Board is tentatively scheduled to hold a public hearing on the
preliminary plat application on February 6, 2018; and
2
• The City Commission is tentatively scheduled to hold a public hearing on the PUD and
preliminary plat applications on February 12, 2018.
Locations and times of the meetings will be forwarded to you with the project noticing. If
you have any questions, please don’t hesitate to contact me.
Respectfully,
Addi Jadin, Associate Planner
cc: Heather Grenier, HRDC, 32 S. Tracy Ave, Bozeman, MT 59715-4659
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MEMORANDUM
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FROM: DEVELOPMENT REVIEW COMMITTEE
TO: APPLICANTS
RE: HOOVER WAY MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
NO. 17117 INCLUDING VARIANCE APPLICATION NO. 17120 AND
PRELIMINARY PUD APPLICATION NO. 17532
DATE: DECEMBER 20, 2017
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Project Description: A Subdivision Preliminary Plat application to create a Major
Subdivision with 27 lots including 24 townhouse lots for affordable housing and 3 common
open space lots and related street improvements. An application for a variance from
Section 38.24.060.B.4‐ Level of service standards related to the Baxter-Davis intersection
has been received in conjunction with the subdivision as well as a Planned Unit
Development (see deviations below).
The application is utilizing the following Article 43 incentives: impact fee subsidy,
reduction in parkland, reduced minimum lot sizes, concurrent infrastructure housing
construction, expedited review for affordable housing, and reduced parking requirements.
The deviations requested in the PUD are the following: reduced minimum lot area from
2500 SF average to 2350 SF average; reduction in the required 50’ setback width from on-
site and off-site connected wetlands to a minimum of 30’ in certain areas; reduced right-of-
way width at south end of Hoover Way from 60’ to 50’; front yard setback reduction on Lot
6, Block 3; reduced distance to garage entry from 20’ to 14’ for Lot 6, Block 3; and
alternative methods for providing Landscape Performance Standards.
Project Location: Property addressed at Sartain Street and Hoover Way, E /12, W 1/2 , SE
¼, SW ¼, Sec 35 T. 1 S., R. 5 E., of P.M.M City of Bozeman, Gallatin County, Montana.
Recommendation: The application has been deemed adequate; DRC recommends approval
with Conditions.
Section 2- COMMENTS AND RECOMMENDATIONS
Planning Comments
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Planning Review Code Corrections
1. Section 38.06.020, requires that all plats of subdivisions must contain a certificate of
dedication or certificate of consent. The certificate of dedication on the final plat must
include the specific names of the streets dedicated to the public for which the City
accepts responsibility.
2. Sec. 38.23.030.D. Corner lots. Generally, homes on corner lots shall have the same
orientation as homes on lots on the interior of the block, unless otherwise approved
through an overall development plan. Covenants must be amended to contain
information regarding the orientation for all corner lots prior to final plat approval.
3. Section 38.23.060, requires the provision of public and/or private easements for
private and public utilities, drainage, vehicular or pedestrian access, etc. The final plat
must provide all necessary utility easements and must be described, dimensioned
and shown on each subdivision block of the final plat in their true and correct
location.
4. Sec. 38.27.020. Park area and open space requirements. Staff calculation of the required
park area minus the affordable housing reduction results in 13,303.95 sf (.31 acres).
Update the calculation of excess parkland area prior to final plat application to
accurately represent the amount of parkland to be waived per Sec. 38.27.100.A.7.
5. Sec. 38.27.090. - Waiver of park maintenance district. When required, the developer
shall sign, and file at the county clerk and recorder's office, a waiver of right to protest
the creation of park maintenance district. The waiver is required and must be filed
with the final subdivision plat.
6. Sections 38.38.020 and 38.38.030, discuss the requirements for supplementary
documents including property owners’ association documents and covenants. The
subdivider must 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 must be included
with the final plat.
Planning Review 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. As the applicant’s proposal seeks to utilize affordable housing incentives, the plat must
conform to Sec. 38.43. – Affordable Housing.
3. An affordable housing plan approved by the city will be considered a binding contract
between the developer and the developer's successors in interest to the lot or dwelling.
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Such plan will be included in a separate recorded written agreement between the
developer and the city, or incorporated into another recorded document wherein the
developer is required to implement the affordable housing plan. Planning staff will
work with applicants on the required format prior to final plat.
4. The final plat must 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, E, F, G and H. 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: _____________________________
5. The final plat must contain the following notation on the conditions of approval sheet in
the final plat: “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
must be that of the property owners’ association. Maintenance responsibility must
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 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 must 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 the subdivision,
the subdivider must transfer ownership of all common open space to the property
owners’ association created by the subdivider to maintain all common open space
areas within the subdivision.
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6. The plat must 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 must 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 must 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 a separate document from the Plat. This accompanying
sheet may either be on a same sized mylar sheet or a letter or legal paper document with
up to 11x17 exhibits.
7. The applicant must 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 must include a digital copy
(pdf) of the entire Final Plat submittal. This narrative must be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
Engineering Comments (Shawn Kohtz, PE, 582-2280, skohtz@bozeman.net)
Code Requirements:
1. Bozeman Municipal Code (BMC) Section 38.24.060.B.4 states: All arterial and collector
streets and intersections with arterial and collector streets shall operate at a minimum
level of service "C" unless specifically exempted by this subsection. Level of service (LOS)
values shall be determined by using the methods defined by the most recent edition of
the Highway Capacity Manual. A development shall be approved only if the LOS
requirements are met in the design year, which shall be a minimum of 15 years following
the development application review or construction of mitigation measures if mitigation
measures are required to maintain LOS. Intersections shall have a minimum acceptable
LOS of "C" for the intersection as a whole. The intersection of Davis Lane and Baxter
Lane operates at a LOS “F” and LOS “D” for the AM Peak Hour and PM Peak Hour
conditions, respectively. The proposed project may not receive final plat approval
until the intersection of Baxter Lane and Davis Lane is upgraded or a waiver is
granted per BMC 38.24.060.B.4.b. The applicant submitted a request for a waiver of
the intersection LOS standard, but the waiver requirements have not been met. The
City does not have the easement necessary for intersection improvements.
The City Engineering Division does not support the variance request related to this
code requirement as the variance requirements cannot be met related to BMC
Section 38.35.070, which states, “The granting of the variance will not be detrimental
to the public health, safety, or general welfare, or be injurious to other adjoining
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properties.” The proposed variance will be detrimental to the public health, safety,
or general welfare and injurious to other properties if traffic demand is added to the
intersection of Baxter Lane and Davis Lane. Substantial delays at intersections cause
aggressive driver behavior resulting in reduced safety conditions at the intersection.
The proposed project will add traffic demand to the existing intersection further
degrading delay conditions at the intersection.
2. BMC 38.23.070.A.1 states: The developer shall install complete municipal water and
sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be required
by the city to install municipal storm sewer system facilities. These systems shall be
installed in accordance with the requirements of the state department of environmental
quality and the city, and shall conform with any applicable facilities plan. The city's
requirements are contained in the Design Standards and Specifications Policy and the City
of Bozeman Modifications to Montana Public Works Standard Specifications, and by this
reference these standards are incorporated into and made a part of these regulations. The
developer shall submit plans and specifications for the proposed facilities to the city and
to the state department of environmental quality and shall obtain their approvals prior to
commencing construction of any municipal water, sanitary sewer or storm sewer system
facilities. The proposed water and sewer utility services to the individual housing units
will not be accepted as proposed. The applicant must develop a graphic illustrating
water and sewer services, gas and electric services, and landscaping for each lot and
coordinate placement of utilities with the City Water and Sewer Superintendent (John
Alston), Northwest Energy (Cammy Dooley), and the City Development Review
Engineer (Shawn Kohtz) prior to approval of infrastructure plans and specifications.
Per 1/04/2018 meeting with planning, water/sewer, engineering staff and Northwestern
Energy representative water and sewer lines will be centered on each driveway with 2’
separation. Per Shawn Kohtz – the required 10’ separation of trees to water lines may be
reduced to 8’. See attached updated architectural site drawings, landscape drawings, and
civil site drawings.
3. BMC Section 38.23.070.A.3 states: When a proposed development adjoins undeveloped
land, and municipal infrastructure mains would reasonably pass through the new
development to the undeveloped land, municipal infrastructure mains shall be arranged to
allow the suitable development of the adjoining undeveloped land. Municipal
infrastructure mains within the proposed development shall be constructed to the boundary
lines of the tract to be developed, unless prevented by topography or other physical
conditions. The applicant must show the extension of a sanitary sewer stub to the northern
property boundary on Hoover Way prior to approval of infrastructure plans and
specifications; the extension must be installed prior to final plat approval.
Per 1/04/2018 meeting with planning, water/sewer, and engineering staff this extension
is not required due to shallow depth of sewer line and flow direction. Future connection
from north is not physically possible.
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4. BMC 38.24.010.A states: All streets shall be provided in accordance with the adopted
growth policy and/or transportation plan. The arrangement, type, extent, width, grade
and location of all streets shall be considered in their relation to existing and planned
streets, to topographical conditions, to public convenience and safety, and to the
proposed uses of the land to be served by such streets. Per the applicant’s narrative,
the applicant proposed a road base course of 3-inches for the proposed public streets.
The narrative is in conflict with the typical street section, which indicates 6-inches of
base course material. The City local street standard requires a minimum base course
of 6-inches per the City of Bozeman Design Standards and Specifications Policy
(DSSP) Figure A-1. The applicant must adjust the narrative to correspond with the
typical street section indicated in the plans prior to public notice period.
See updated narrative.
5. BMC 38.23.150.C states: Street lighting consists of street lighting and pathway
intersection lighting, and shall comply with the City of Bozeman Design Standards and
Specifications Policy (DSSP). The applicant must install street lighting per the DSSP
prior to final plat approval.
6. BMC Section 38.24.080 states: City standard sidewalks (including a concrete sidewalk
section through all private drive approaches) shall be constructed in all developments on
all public and private street frontages, except for alleys. The requirements of the city
design standards and specifications policy and the city modifications to state public
works standard specifications shall apply. The proposed boulevard on the south side
of Georgie Marie Lane is too small to maintain landscaping. The applicant must
adjust the design of the sidewalk on the south side of Georgia Marie Lane to extend
the sidewalk to the curb and gutter and create a curbwalk at this location prior to
final plat approval (or approval of infrastructure plans and specs required for
concurrent construction, whichever comes first).
Per 1/04/2018 meeting with planning, water/sewer, and engineering staff the narrow
boulevard dimension will remain as submitted.
7. Bozeman Municipal Code (BMC) Section 38.23.030.A states: The developer shall install
complete drainage facilities in accordance with the requirements of the state
department of environmental quality and the city, and shall conform to any applicable
facilities plan and the terms of any approved site specific stormwater control plan. The
city's requirements are contained in the design standards and specifications policy and
the city modifications to state public works standard specifications, and by this
reference these standards are incorporated into and made a part of these regulations.
• The applicant’s stormwater analysis has not demonstrated that the capacity of
the stormwater infiltration chambers will meet the stormwater retention
volume requirements. The applicant must monitor the seasonal high
groundwater level (SHGWL) during the peak groundwater months. The
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stormwater retention volume of the underground infiltration chambers must be
located above the SHGWL. If this cannot be accomplished, the applicant must
adjust the design of the storm drainage system to provide sufficient stormwater
retention volume. The applicant must demonstrate sufficient stormwater
retention volume prior to approval of public infrastructure plans and
specifications for the project including groundwater measurements during the
months corresponding to the SHGWL.
• The applicant must provide an updated maintenance manual that provides
specific instructions for the proposed subsurface stormwater retention system
prior to final plat approval. The maintenance manual that was provided is
specific to the Ferguson Farms Subdivision Block 2 not the Hoover Way
Subdivision.
• The applicant must adjust Note 7 on the plat to state, “The Homeowner’s
Association shall be responsible for the maintenance of all stormwater
management facilities including the Underground Stormwater Infiltration
Chambers.” prior to final plat approval.
• Stormwater from the northern half of Sartain Street currently drains onto the
property into a small detention basin. The on-site subdivision stormwater
retention system must accommodate that runoff from Sartain Street. The
applicant must demonstrate runoff from Sartain Street is accommodated in the
stormwater system design prior to approval of engineering plans and
specifications.
8. BMC Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights shall be provided. The applicant must contact the City Engineering
Department for an analysis of CIL of water rights and pay CIL of water rights due prior
to final plat approval.
9. Bozeman Municipal Code (BMC) Section 38.23.060.A states: Where determined to be
necessary, public and/or private easements shall be provided for private and public
utilities, drainage, vehicular or pedestrian access, etc. An overhead power line exists
immediately north of the subdivision property line. The applicant must indicate the
easement for that overhead power line on the plat prior to the public notice deadline
and any proposed encroachments on the easement must be approved by Northwestern
Energy.
Per 1/04/2018 meeting with planning, water/sewer, engineering staff and Northwestern
Energy representative a 5’ easement has been added to the site drawings.
Engineering Conditions of Approval:
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1. The applicant must alter the language of General Note 5 on Plat Sheet 2 of 2 to state,
“The subdivision is in a known area of high groundwater. No crawl spaces or
basements may be constructed. Sump pumps are not allowed to be connected to the
sanitary sewer system or the drainage system. Sump pumps may not be discharged
onto streets or into the curb and gutters.” The correction is required to be submitted
prior to public notice deadline.
See updated General Note 5 on Plat Sheet 2 of 2.
2. The applicant has requested allowance of occupancy permits (Addi, please note and
correct this to state the applicant has requested allowance of “building permits”)
prior to completion of asphalt paving of public streets per BMC Section 38.39.030.D. If
asphalt is not complete prior to occupancy permits and per BMC 38.39.030.D, the
applicant must also be responsible for maintenance of the public streets in the project
until asphalt paving is complete per City DSSP requirements. The applicant must also
construct and maintain stormwater best management practices (BMPs) to limit
tracking of sediments onto adjacent, completed streets as well as limit discharge of
stormwater pollutants from the site per City of Bozeman Stormwater Division
requirements and the Montana Department of Environmental Quality requirements.
3. Building finished floor grades must be at a higher finished grade calculated by a
minimum of 2% slope above the adjacent curb and gutter to allow drainage and avoid
placement of spoil materials onto adjacent lots as homes are constructed. Lots may not
be constructed at significantly higher grades than the adjacent lots, which subsequently
creates a drainage issue from one lot to another.
4. The proposed project is located in the Baxter/N. 19th Signal Payback District. The
applicant must pay the payback district assessment prior to final plat approval.
5. The applicant must provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s)
for the following:
a. Street improvements to Thomas Drive including paving, curb and gutter, sidewalk,
and storm drainage
b. Street improvements to N. 27th Avenue including paving, curb and gutter, sidewalk,
and storm drainage
c. Street improvements to Baxter Lane including paving, curb and gutter, sidewalk, and
storm drainage
d. Street improvements to Cattail Street including paving, curb and gutter, sidewalk, and
storm drainage
e. Intersection improvements to N. 27th Avenue (Thomas Drive) and Baxter Lane
f. Intersection improvements to N. 27th Avenue (Thomas Drive) and Cattail Street
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of
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the property, traffic contribution from the development, or a combination thereof. The
applicant must provide a copy of the filed SID waiver prior to final plat approval.
6. The applicant must submit plans and specifications for water and sewer main extensions,
streets, and storm water improvements, prepared and signed by a professional engineer
(PE) registered in the State of Montana, which must be provided to and approved by the
City Engineer. Water and sewer plans must also be approved by the Montana Department
of Environmental Quality. The applicant must also provide professional engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a
preconstruction conference has been conducted. Building permits will not be issued
prior to City acceptance of the site infrastructure improvements per BMC Section
38.39.030.B and 38.39.030.D as applicable.
7. The applicant must contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
must be obtained by the applicant and provided prior to final plat approval.
Section 3 - OTHER AGENCY COMMENTS, IF PROVIDED
Building Division; Bob Risk brisk@bozeman.net 406-582-2377
Parks and Recreation; Carolyn Poissant; cpoissant@bozeman.net 406-582-2908
1. The gravel trail must be a minimum width of 6-feet instead of 5-feet as proposed.
Correction is required to be submitted prior to public notice deadline (coordinate with
Planning Staff).
See updated site drawings.
2. A grading plan for the trail is required prior to final plat approval.
Sustainability Division; Natalie Meyer nmeyer@bozeman.net 406-582-2317
Solid Waste Division; Kevin Handelin khandelin@bozeman.net 406-582-3238
Reviewed. No comments provided.
Water Conservation; Jessica Ahlstrom jahlstrom@bozeman.net 406-582-2265
Stormwater Division; Kyle Mehrens jkmehrens@bozeman.net 406-582-2270
Fire Department; Trisha Wolford twolford@bozeman.net 406-582-2353
Water and Sewer Division; John Alston jalston@bozeman.net 406-582-3200
Forestry Division; City Forester; anordquist@bozeman.net 406-582-3205
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1. Ensure that trees along the north property boundary will not interfere with the
overhead power line and revise landscaping plans as necessary prior to final PUD
approval.
Appropriate trees have been specified. See updated landscape drawings.
NorthWestern Energy; Dustin Workman;dustin.workman@northwestern.com
Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the
City of Bozeman adopted impact fee schedule in place at the time of building permit issuance.
If you desire an estimate of the required impact fees according to current rates please contact
the Department of Community Development and/or visit.
Per Section 38.43.110. – Incentives available for affordable housing, the applicant may apply
for full or partial subsidization of impact fees, paid from municipal funds if such funds are
available; such subsidization must be secured with a lien instrument due upon sale, transfer
or non-rate/term refinance of the home.
Note: During preparation of the staff report for future applications, additional
conditions of approval may be recommended based on comments and
recommendations provided by other applicable review agencies involved with the
review of the project.
Hoover Way Affordable Housing Plan
Development Name: Hoover Way Major Subdivision
Project Location: Sartain Street and Hoover Way
Legal Description: E1/2, W1/2, SW ¼, SW ¼, Section 35, T.1S, R5E, of PMM
Current Zoning: R-3
Current Use: Vacant
Community Plan Designation: Residential
Property Owner and Applicant:
Human Resources Development Council of District IX
32 S Tracy Ave., Bozeman, MT 59715
Contact: Heather Grenier, President/CEO
406-585-4840
hgrenier@hrdc9.org
Introduction:
HRDC seeks the use of affordable housing incentives for the Hoover Way development. The
development is 100% affordable. The development will consist of 24 townhomes, with a mix of 2 and 3
bedroom homes provided. HRDC intends to place the subject property into their Community Land Trust
in order to provide permanently affordable homes.
1. Number of affordable homes proposed in each affordable home category and number of market-
rate homes
Hoover Way townhomes
Total number of homes for development 24
Total Number of market-rate homes 0
Total Number of affordable homes 24
It is the developer’s intent to make these homes perpetually affordable by inclusion in a community land
trust (CLT).
2. The number of bedrooms in each affordable home
Hoover Way Subdivision Project- Home Type and bedroom mix
of Lower-Priced Homes
Studio and/or 1 bedroom homes 0
2 bedroom homes 10
3 bedroom homes 14
Total Units 24
3. Anticipated Pricing and deed restrictions
HRDC will follow the pricing requirements of the Neighborhood Stabilization program (NSP), which
require that all homes be sold for appraised value. As the home’s affordability will be preserved in
perpetuity via a Community Land Trust (CLT), the home’s purchase price will only reflect the appraised
value of the home itself, not the value of the lot and infrastructure improvements. NSP further allows
for up to 50% of the home’s price to be subsidized via a deferred second mortgage. Through this
combination of the CLT and project down-payment assistance, 100% of the homes in the development
will be permanently affordable and necessitate buyers to take on mortgages far below the maximum
prices outlined in the City’s affordable housing ordinance. An anticipated pricing and down-payment
schedule is included below. All homes will have deed restrictions limiting appreciation utilizing a formula
that allows for a reasonable return while preserving affordability.
Sample pricing schedule (for discussion purposes only – actual prices will be determined via appraisal)
Appraised value: $220,000
Less site value: ($45,000)
Appraised value of home and improvements: $175,000 = Sales price to the buyer
Down payment assistance $30,000 (Can be up to 50% of sales price, $30,000
represents a likely average)
First mortgage to purchaser $145,000
Please note that this example, for the purposes of simplicity, does not take into account any down-
payment funds contributed by the buyer (NSP requires a minimum of $1,500), nor does it take into
account any closing costs.
4. Location of affordable homes in the development (lots in the plat or units within a site plan);
The entire project is considered affordable. Please see attached exhibit.
5. Timing of delivery of the affordable homes in relation to the market-rate homes in the development;
The entire project is considered affordable; therefore, no market-rate homes will be provided.
6. Marketing plan describing how affordable homes will be offered to the public;
HRDC will market the homes in the same manner as our previous affordable housing developments.
Our most valuable marketing tool is our homeownership education program, The Road to Home.
Through RTH, HRDC annully meets with hundreds of households seeking affordable homeownership
options. In previous developments, HRDC has contracted with a realtor to list the properties via
MLS. In the event that HRDC elects not to list the properties via MLS, HRDC will provide a 2.5% fee
to the purchaser’s agent to encourage realtor participation. As the purchasing structure is different
than the standard process, HRDC will produce a FAQ sheet to help buyers and their representatives
understand the unique financing and ownership structure for the Community Land Trust.
7. Plan for construction of affordable homes in phased developments.
Not applicable
8. Any other information that is reasonably necessary to evaluate the compliance of the affordable
housing plan with the requirements of this article.
As noted, the use of Neighborhood Stabilization funds to purchase the property, which will be
committed to a CLT provides HRDC the opportunity to create a development that exceeds the City’s
affordable housing ordinance by providing 100% affordability in perpetuity. By taking land and site
development costs out of the sales price, and offering deep down-payment assistance, the project is
able to serve households typically struggling to rent in Bozeman. The permanent deed restriction
ensures that the project remains a contributing factor to Bozeman’s affordable housing stock in
perpetuity.
PHASE 1PHASE 2 PHASE 3 PHASE 4 ALL PHASESLot Area (ac)0.653 0.212 0.211 0.2311.308Building Footprint (ac)0.243 0.081 0.081 0.0810.485Building Floor Area (ac)0.396 0.129 0.129 0.1290.785F.A.R. 0.61 0.61 0.61 0.560.600R.O.W. (ac)0.908 0.000 0.000 0.0000.908Open Space (ac)0.505 0.000 0.000 0.0000.505Landscape (ac)0.915 0.132 0.130 0.1511.328PHASE 1 PHASE 2 PHASE 3 PHASE 4 ALL PHASESLot Area (ft2)28,435 9,251 9,197 10,07556,958Building Footprint (ft2)10,592 3,517 3,517 3,51721,143Building Floor Area (ft2)17,264 5,641 5,641 5,64134,187F.A.R. 0.61 0.61 0.61 0.560.60R.O.W. (ft2)39,57400039,574Open Space (ft2)22,01200022,012Landscape (ft2)39,855 5,734 5,680 6,55857,827
Date Received
Gallatin County Weed Department 903 North Black Bozeman, MT 59715 406.582.3265
NOXIOUS WEED MANAGEMENT PLAN
This plan is valid and effective upon approval by the Board or Board’s Representative for 3 years from date of
approval or until land ownership changes. The Landowner/Landowner’s Representative agrees that the Board shall have the right to revise this plan and any Memorandum of Understanding as necessary to effectuate the purposes of the Gallatin County Weed Management Plan or Montana Noxious Weed Control Act. The
Landowner/Landowner’s Representative will provide documentation that the Weed Management Plan has been implemented.
The property owner agrees that the Weed Department may inspect the property prior to granting approval of the Weed Management Plan, and if approved, such reasonable inspections as necessary to determine compliance with this plan.
Approval of any extensions or final plat for a SUBDIVISION plan may be
denied or delayed if noxious weeds have not been properly controlled.
Documentation of weed management activities is required to be submitted
with extension or final plat applications.
Requirements for SUBDIVISION or TRANSMISSION LINE plan approval include:
Brief Cover letter stating current and future uses of the property
Plat map detailing distribution and species of noxious weeds present
Property inspection by Weed Department personnel
Review Fee: (1-5 lots Minor $150) (≥ 6 lots Major $300)
Completion of this application
CHECK TYPE OF WEED MANAGEMENT PLAN (check all that apply)
Subdivision (Review Fee Required)
Transmission Line (Telecommunications/Cell Tower/Gas/Liquid/Electric/etc…)
I have read and understand all the relevant sections of the Gallatin County Weed Management
Plan. I understand that Final Plat may be denied if this plan is not implemented.
Landowner/Landowner’s Representative Signature
Landowner Landowner’s Representative (If Applicable)
Landowner:_____________________________
Mail Address:____________________________
City: __________________________________
State: _____________ ZIP:______________
Phone(s):_______________________________
Email:_________________________________
Company: __________________________________
Contact: ___________________________________
Mail Address: _______________________________
City: ______________________________________
State: ____________ ZIP: ____________________
Phone(s): __________________________________
Email:______________________________________
PROJECT DESCRIPTION (Please complete all that apply)
Project Name: _____________________________
Physical Address: ______
Legal Description: T_____ N/S R_____E/W Sec_____ 1/4 _____ 1/4 _____
Number of Lots:
Total Acres in Project:
Total Road Miles in Project:
Landowner contact prior to property inspection: Yes No
PROJECT OVERVIEW (Describe what the intentions are for developing this property)
_______________________
NOXIOUS WEED MANAGEMENT PLAN
Noxious Weed Species on Property (provide plat map with weed inventory):
____________________________________
METHOD OF WEED CONTROL YOU INTEND TO USE (mark all that apply):
CHEMICAL MECHANICAL CULTURAL BIOLOGICAL
Describe specific control measures (if using herbicides, include type of herbicide and rates) and timing of control for 3 years. Attach additional pages if necessary / incorporate by reference:
___________________________________
ESTIMATED COSTS OF WEED CONTROL FOR 3 YEARS. (Specify cost for each year)
Who will complete work: Self Contracted
Contractor Name (if applicable) _________________________________
Year Herbicide/Applicator Cost Cultural/Mechanical Cost Biological Cost
1
2
3
Total
*** Documentation of weed management is required to be submitted with extension or final plat applications.
REVEGETATION PLAN
Are any disturbances planned? Yes No
If yes, complete the following re-vegetation section.
MANDATORY REVEGETATION REQUIREMENTS: Areas disturbed during subdivision development (road construction, pond construction, service/utility/gas/electric/telephone line installation) will have a layer of topsoil redistributed onto disturbed areas. Disturbed areas will be seeded to an appropriate grass seed mix for the site. During the first and second years of grass establishment, areas seeded to grass will be mowed as appropriate to prevent weed seed development and dispersal.
PLANNED DISTURBANCES (mark all that apply):
Utility/Service line Pond Road Park Trail Central Septic Other (list type)
Describe in detail, the revegetation to mitigate all disturbances that will occur on this property (list type and amount of seed/sod, seeding methods and timing, and fertilization): Attach additional pages if necessary incorporate by reference:
_________________
_______________________
ESTIMATED COSTS OF REVEGETATION FOR 3 YEARS. (Specify cost for each year)
Work will be done by: Self Contracted
Contractor Name (if applicable) _________________________________
Year Revegetation Cost
1
2
3
Total
PLEASE COMPLETE THE FOLLOWING SECTIONS THAT APPLY:
GRAVEL SOURCE (If using outside supply of gravel)
List source of gravel/pit run/road mix/topsoil/etc… brought on-site for disturbance mitigation and/or construction.
Name of Gravel Pit: Location: Contact Person:
*Be aware that gravel sources and topsoil may contain noxious weed seeds; therefore, we recommend using a source that is actively controlling noxious weeds on their property, consistent with an approved Weed Management Plan.
STATUS
APPROVED NOT APPROVED
RECOMMENDATIONS AND/OR CONDITIONS:
Additional terms and conditions apply – see attached
Compliance with laws and regulations. LANDOWNER/LANDOWNER’S REPRESENTATIVE has an affirmative duty to take notice of, observe, and strictly comply with all existing laws, rules and regulations and any laws, rules and regulations that may be adopted after the date of this agreement. Whether or not the same are expressly stated in the agreement, the LANDOWNER/LANDOWNER’S REPRESENTATIVE shall strictly comply with all applicable state, federal and local laws and regulations.
LANDOWNER/LANDOWNER’S REPRESENTATIVE agree that this plan is supported by good valid consideration and this plan constitutes a binding contract and may be enforced as such.
(Signature of Weed Board Chairman/Representative) (Signature of Landowner’s Representative)
(Type/print name of Chairman/Representative) (Type/print name of Landowner’s Representative)
(Date) (Date)
(Signature of Landowner)
(Type/print name of Landowner)
(Date)
Bylaws of Hoover Way Subdivision
Owners Association, Inc
prepared by
Intrinsik Architecture, Inc.
DRAFT Date: November 8, 2017
Please Return to:
Intrinsik Architecture
111 N Tracy Ave
Bozeman, MT 59715
1
Table of Contents
Name Page
Article 1: Purpose 2
Article 2: Relationship to other Documents 2
2.1 Hoover Way Covenants 2
Article 3: Contact Information 2
Article 4: Meetings 2
Article 5: Duties 3
Article 6: Voting & Membership Interest 4
Article 7: Resolutions 5
Article 8: Powers & Duties of the Board 5
Article 9: Liability 9
Article 10: Insurance 9
Article 11: Terms 9
Article 12: Committees 10
Article 13: Compensation 10
Article 14: Severability 10
Article 15: Assessments 10
Article 16: Amendments 10
2
Article 1: Purpose
The purpose of the Hoover Way Owners Association (HWOA) Bylaws is to
outline the procedures and processes for the function of the Hoover Way Owners
Association (HWOA). This includes voting and membership interests, information
on how neighborhood meetings are organized and conducted, and information
on the overall meetings, powers, and responsibilities of the Board of Directors.
Article 2: Relationship to other Documents
2.1 Hoover Way Covenants
All properties in Hoover Way are also subject to the Hoover Way
Covenants which are on file at the Clerk & Recorder’s Office. No acts by
the Association or by the Board of Directors shall be contrary to the
Covenants. On its own initiative, the Board may take such action as it
deems necessary, including the taking of legal action and initiating suit to
enforce the Declaration of Covenants, Conditions and Restrictions.
Article 3: Contact Information
The mailing address of the Hoover Way Owners Association shall be: P.O. Box
XXXX, Bozeman, Montana 59715. The address of the Association may be
changed by the Board of Directors upon written notice to the owners.
Article 4: Meetings
The date, time, and place of the annual meeting of the Members shall be noticed
by the Board, which meetings shall coincide with the Board’s annual meeting. At
such annual meeting, the Members shall elect Directors to the Board and
conduct such other business as permitted by this Declaration and these Bylaws.
Any special meetings may be called by the President, or in the absence of the
President, by the Vice-President. In addition, a special meeting shall be held
upon call of twenty-five (25) percent of the owners. Special meetings shall
require forty-eight (48) hours’ notice in writing. Notice of annual and special
meetings shall be mailed to owners at the address on file for each owner. The
presence of ten (10) or more members at a noticed meeting shall constitute a
quorum.
At the annual meeting, the members shall review and approve a budget for the
next year, shall elect Directors to fill any expired term or vacant position, and
shall conduct such other business as shall be reasonable or necessary to carry
out the purpose of the Association.
The annual meeting of the Board of Directors shall be held immediately after the
annual meeting of the members. At the annual meeting, the Directors shall elect
a President and a Vice-President and Design Liaison. At this time the Directors
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shall also designate a Secretary and Treasurer. The Directors may choose to
hire outside persons that are not members of the Association to fulfill the
Secretary and Treasurer duties.
Article 5: Duties
The duties of President and Vice-President shall be as follows:
President. The President shall preside over all meetings of the
Association. He or she shall call the membership together whenever
necessary. The President shall be the general administrative and
executive officer of the Association, and shall perform such duties as may
be specified, and exercise such powers as may be delegated to the office
of President by the Board of Directors.
Vice-President. The Vice-President shall exercise the powers of the
President in the absence of the President.
The duties of the Secretary and Treasurer shall be as follows:
Secretary. The Secretary shall give notice of all meetings of the
Association, and shall keep a record of the proceedings of the meetings of
the Association. The Secretary shall be authorized to sign on behalf of the
Association, all records, documents and instruments when such are
authorized to be signed by the Association.
Treasurer. The Treasurer shall keep and maintain adequate and correct
accounts of the accounts, properties, and business of the Association,
including accounts of its assets, liabilities, receipts, disbursements, gains
and losses of the Association. The Treasurer shall prepare and report
such periodic accountings as shall be required by the Association.
The duties of the Design Liaison shall be as follows:
Design Liaison. This position shall act as the liaison between the Board of
Directors and the Hoover Way Design Review Committee.
Article 6: Voting & Membership Interest
Every person, group of persons, partnership, corporation, or association who is a
fee owner of real property within the boundaries of the area described as Hoover
Way, on file and of record in the office of the County Clerk and Recorder of
Gallatin County, Montana, shall be a member of the Association. By this
4
provision, each lot, as shown on the plats and amendments thereto shall entitle
the owner of one membership interest in the Association.
Membership interest shall run with the land so that said interest is an incident to
ownership beginning when ownership rights are acquired and terminating when
such rights are divested. Accordingly, no member shall be expelled, nor shall he
be permitted to withdraw or resign while possessing a membership interest.
The following chart illustrates voting interests by use:
Use Voting Interest
Vacant Lot
1 vote per lot
Developed Lot –
Residential Uses
1 vote per unit
(Note: upon the issuance of an Occupancy Permit by the
City of Bozeman and the presentation of a copy of that
Occupancy Permit to the Association, the Association shall
grant each owner of a multi-family unit a vote. Should a
multi-family unit be owned by more than one person or
entity the unit shall have only one (1) vote.)
Multiple owners of a single parcel of real property would have collectively one
such membership or voting interest. If more than one lot, parcel, or tract is
owned, the owner or owners thereof would have one membership or voting
interest for each separate parcel of real property. Whenever any lot, tract or
parcel is owned or leased by two or more persons or by an entity, such person or
persons or entity must, prior to a meeting where voting may be allowed, among
and between themselves determine who is entitled to vote the membership
interest and in what manner it shall be voted.
If, in the judgment of the Board, a bona fide and irreconcilable dispute arises as
to the voting or right to vote a membership interest, such interest may be
declared to be a dispute and for the time such interest is in dispute, it shall have
no voting rights.
Cumulative voting per phase shall be provided for election or removal of
members of the Board of Directors. Voting may be in person or by proxy.
Cumulative voting shall be provided for all other Association matters. Voting may
be in person or by proxy.
Article 7: Resolutions
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All matters that are the business and concern of the Association shall be
presented to the Association and meetings of the Association in the form of
resolutions directed to the Board of Directors. Such resolutions as are passed by
over fifty (50) percent of the said membership interest of record and eligible to
vote shall be binding on the Board of Directors. Such binding resolution shall
have the effect of compelling the Board of Directors to take positive action in
response to the general inclination of the resolution. However, the scope, extent
and specific character of all such action shall be within the final discretion of the
Board of Directors.
Article 8: Powers and Duties of the Board of Directors
The Board of Directors shall have the following powers on behalf of the Hoover
Way Owners Association:
(a) To provide for the construction, installation, acquisition,
replacement, operation, maintenance and repair by the Association
of buildings, equipment, common areas, storm water facilities, facilities
and services for recreation and/or sporting activities, lighting, garbage
removal and disposal, security of persons or property, fire protection and
other municipal services and functions, and to the extent necessary by
the failure of the Owners of private areas, the Association shall have the
power and authority:
1. To obtain, maintain and pay for such insurance policies or bonds as
the Board may deem to be appropriate for the protection or benefit
of Hoover Way, the Association, the members of the Board, the
members of the Committee, or the Owners;
2. To contract and pay for, or otherwise provide for, such utility
services including, but without limitation, water, sewer, trash,
electrical, telephone and gas services as may from time to time be
required;
3. To contract and pay for, or otherwise provide for the services of
architects, engineers, attorneys and certified public accountants or
such other professional or nonprofessional services as the Board
may deem necessary;
4. To contract and pay for, or otherwise provide for, fire, police and
such other protection services as the Board deems necessary for
the benefit of Hoover Way, any property located with Hoover Way,
or the Owners;
5. To contract and pay for, or otherwise provide for, such materials,
supplies, furniture, equipment and labor to the extent the Board
deems necessary, and to pay and discharge any and all liens
placed upon any Parks and common open space on account of any
work done or performed by the Association in the fulfillment of any
6
of its obligations and duties of maintenance, repair, operation or
administration.
(b) To enter into fair and reasonable contracts for the administration and
enforcement of the Hoover Way Design Regulations by the Hoover Way
Design Review Committee, of which at least one member shall be an
architect as specified in the Design Regulations.
(c) To adopt a development review fee schedule.
(d) To enter into other contracts and agreements as are necessary to
affect the business of the Association. Contracts for such work with third
parties which provide for a term or duration in excess of one year must
be approved by a majority of the members, which approval may be
ratified at the annual or any special meeting of the Association.
(e) To make and establish rules and regulations for the governance of
facilities and the performing of such functions, the taking of such action
and operating in such areas as are within the jurisdictions of the
Association.
(f) To take necessary and appropriate action to collect assessments from
members, including the filing of liens and prosecuting foreclosures.
(g) To pay the expenses of the Association, including all taxes or
assessments and to contract and pay for such insurance as may be
necessary in the best interests of the Association, and to provide for the
use and disposition of the insurance proceeds in the event of loss or
damage.
(h) To establish accounts for operating and/or development funds as set
out in the Covenants.
(i) The Board shall have the right to pay, compromise, or contest any or
all taxes and assessments levied against all or any part of the parks, or
upon any personal property belonging to the Association.
(j) To call meetings of the Association, both annual and special, and to
preside over such meetings and to give appropriate notice of such
meetings as required by the Bylaws.
(k) To formulate and introduce resolutions at the meetings of the
Association.
(l) To hold meetings of the Board of Directors as are necessary to
conduct Association affairs.
7
(m) To nominate replacement Directors as necessary (who must be from
the same phase as the open position) for ratification by a simple majority
vote from the corresponding phase of the Owners Association.
(n) To fill any vacancy in the officers of the Association (President, Vice
President, Secretary, or Treasurer) by appointment until the next annual
meeting or the successor is duly appointed or elected.
(o) To maintain lists of members and to keep records in a good and
businesslike manner of all assessments made, all expenditures, and the
status of each member’s payments of assessment; and to make such
records accessible at reasonable times to all members.
(p) To deal with agencies, officers, boards, commissions, departments and
bureaus or other governmental bodies in a federal, state, county and
local basis to carry out the above powers, duties and responsibilities.
(q) The Association shall have the power and authority at any time and from
time to time and without liability to any Owner for trespass, damage or
otherwise, to enter upon any lot, for the purpose of maintaining and
repairing any lot, if for any reason the Owner fails to maintain and repair
the lot as required by the Covenants or for the purpose of removing any
improvement constructed, reconstructed, refinished, altered or
maintained upon such area in violation of these Covenants. The
Association may maintain and repair any roads, sidewalks, parks, linear
trail or public areas in or adjoining Hoover Way including landscaping
and planting the same and repairing improvements thereon when public
authorities, in the opinion of the Board have failed to do so in a manner
befitting the standards of the community. The Association shall also
have the power and authority from time to time in its own name, on its
own behalf, or in the name and behalf of any Owner or Owners who
consent thereto, to commence and maintain actions and suits to restrain
and enjoin any breach or threatened breach of Hoover Way Covenants,
or to enforce by mandatory injunction or otherwise all of the provisions of
the Hoover Way Covenants.
(r) The Board shall be required to grant and convey to any third parties
easements or rights-of way in, on, over or under any Parks without
payment to the Association when requested by Declarant. The Board
shall also have the power and authority to grant and convey to any third
parties, on such terms as the Board may approve, parcels or strips of
land from any Parks. The Board may not grant or convey land from any
Parkland or Linear Trail which would jeopardize the land required by the
subdivision or zoning approvals for the land described in Exhibit A.
8
(s) The Board may from time to time employ the services of a manager to
manage the affairs of the Association. Enter into contracts or hire
personnel for the management of the affairs of the Association and the
maintenance, management, improvement, and repair of the Common
Areas;
(t) To do any and all things necessary to carry into effect these Bylaws
and to do any and all things necessary to require compliance with and
enforce the Covenants.
Article 9: Liability
Members of the Board and their officers, assistant officers, agents and
employees acting in good faith on behalf of the Association:
(a) Shall not be liable to the Owners as a result of their activities as such
for any mistake of judgment, negligence or otherwise, except for their own
willful misconduct or bad faith;
(b) Shall have no personal liability in contract to an Owner or any other
person or entity under any agreement, instrument or transaction entered
into by them on behalf of the Association in their capacity as such;
(c) Shall have no personal liability in tort to any Owner or any person or
entity, except for their own willful misconduct or bad faith;
(d) Shall have no personal liability arising out of the use, misuse or
condition of the Property which might in any way be assessed against or
imputed to them as a result of or by virtue of their capacity as such.
Article 10: Insurance
The Board may purchase insurance policies to protect the property of the
Association against casualty loss and to protect the Association and the Board
members, when acting in their official capacity, from liability. The extent and
specific nature of coverage shall be determined by the Board.
Article 11: Terms & Replacement
Each year, the Owners Association shall elect Directors to fill any expired term or
vacant position. Terms shall be staggered so that each year, each phase of the
Association is voting for one new Director.
The terms of office for members of the Board shall be not less than three (3)
years and may be extended in duration by the presentation of a Resolution
presented to the members at an annual meeting. The Board of Directors shall
9
have staggered terms. As such, the initial Board of Directors shall meet and draw
lots which shall dictate that one member from each phase shall serve one year,
another member shall serve two years, and the third member shall serve three
years. After this initial drawing, each Director term shall be three years. There are
no restrictions upon successive periods of Board of Directors terms.
Any vacancy on the Board of Directors occurring before the next annual meeting
of the members shall be filled by the remaining directors nominating a
replacement director and the nomination being ratified by a simple majority vote
from the corresponding phase of the Owners Association. A vacancy in any office
of the Association (President, Vice President, Secretary, or Treasurer) shall be
filled by appointment by the Board of Directors until the next annual meeting or
the successor is duly appointed or elected.
Article 12: Committees
Pursuant to the Title 35, Chapter 2, M.C.A. and subject to the restrictions stated
therein the Board may appoint committees to act for the Board and to exercise
the authority of the Board on matters referred to them by the Board. Such
committees may be dissolved at any time by the Board of Directors.
Article 13: Compensation
Board members shall be reimbursed for any out-of-pocket expenses incurred
while acting in their official capacity.
Article 14: Severability
A determination of invalidity of any one or more of the provisions or conditions
hereof by judgment, order, or decree of a court shall not affect in any manner the
other provisions hereof, which shall remain in full force and effect.
Article 15 Annual & Special Assessments
The purpose of annual and specials assessments levied by the Association are
to promote the recreation, health, safety, convenience and welfare of the owners,
including but not limited to the improvement, repair, operation, and maintenance
of easements, parks and common areas, community and park street lights, and
for any other purposes, expressed or implied, in these Covenants.
Each owner, whether or not it shall be so expressed in any deed or contract, is
deemed to have agreed to these Covenants, and to pay to the Association:
Annual assessments or charges and fines as may be adopted by the
Board of Directors; and
Special assessments for capital improvements, such assessments to be
established and collected as hereinafter provided.
10
The annual and special assessments, together with interest, costs and
reasonable attorney's fees, shall be a charge on the land, and shall be a
continuing lien upon the property against which each such assessment is made.
Each assessment, together with the interest, costs and reasonable attorney's
fees, shall be the personal obligation of the owner of such property at the time
when the assessments are due. Assessments shall begin to accrue upon closing
on the purchase of a lot.
The following subsections address the details of assessments:
(a) The Declarant for each lot owned by it within Hoover Way hereby covenants,
and each Owner of any lot by acceptance of a purchase and sale
agreement, deed or lease therefore, whether or not it shall be so expressed
in any such deed, lease or any other conveyance, shall be deemed to
covenant and agree to pay to the Association the Owner’s proportionate
share of assessments established and collected from time to time as
hereinafter provided.
(b) Each owner or member will be assessed a proportionate share based on the
number of dwelling units built per developed residential lot and on a dwelling
unit equivalent on vacant, commercial and industrial properties as specified
below:
Zone Assessment(s)
R-3 Lot 1 share
Assessments to Owners will commence immediately after the transfer of title
from the Declarant to the Owner. No assessments will be levied against lots
owned by the Declarant.
The Board shall have the right to determine and refine the specifics and
timing of assessments within the parameters of the preceding statements.
(c) At least 30 days prior to the commencement of each fiscal year, the Board
shall fix the amount of the assessment for such fiscal year and shall, at that
time, prepare a roster of the lots and assessments applicable thereto.
Written notice of the assessment shall be sent to every Owner subject
thereto.
(d) The assessments levied by the Board on behalf of the Association shall be
used exclusively for the purpose of financing the Association functions and
duties.
(e) If at any time and from time to time during any fiscal year, the assessment
proves inadequate for any reason, including nonpayment of any Owner's
share thereof, the Board may levy a further assessment in the amount of
11
such actual or estimated inadequacy which shall be assessed to the Owners
in the manner set forth herein.
(f) In addition to the assessment authorized above, the Association may levy, in
any assessment year, a special assessment applicable to that year only for
the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the
Parks, including fixtures and personal property related thereto, provided that
any such assessment shall have the assent of two-thirds (2/3) of the votes of
members who vote in person or by proxy at a meeting duly called for this
purpose.
(g) The Board shall also levy an assessment against any Owner, as a direct
result of whose acts or failure or refusal to act or otherwise to comply with
the Hoover Way Covenants for monies expended by the Association in
performing its functions under Hoover Way Covenants and Board Bylaws.
Such assessment shall be in the amount so expended and shall be due and
payable to the Association when levied. Monies so expended shall include,
without limitation, reasonable engineers', architects', attorneys' and
accountants' fees incurred by the Association.
(h) Each assessment shall be a separate, distinct and personal debt and
obligation of the Owner against who it is assessed, and each Owner by
acceptance of a purchase and sale agreement, deed or lease, shall be
deemed to covenant and agree to pay the same to the Association. If the
Owner does not pay such assessment or any installment thereof when due,
the Owner shall be deemed in default and the amount of the assessment not
paid, together with the amount of any subsequent default, plus interest at 12
percent per annum and costs, including reasonable attorney's fees, shall be
and become a lien upon the lot of such Owner upon recordation by the
Association of a notice of default. The Association assessment lien may be
foreclosed through suit by the Association in like manner as a mortgage of
real property, and the Association shall have power to bid on the lot at
foreclosure sale and to acquire and hold, lease, mortgage or convey the lot.
A suit to recover a money judgment of unpaid assessments shall be
maintainable without foreclosing or waiving the lien securing the same. The
foregoing remedies shall be in addition to any other remedies provided by
law for the enforcement of such assessment obligation.
(i) When requested by an Owner, the Association shall execute a certificate
stating the indebtedness secured by the Association lien upon the lot of the
Owner, and such certificate shall be conclusive upon the Association and the
Owners in favor of such persons who rely therein in good faith as to the
amount of such indebtedness as of the date of the certificate. The
Association shall be entitled to a reasonable fee as a condition to issuing the
certificate.
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Article 15: Amendments
Amendments to the Hoover Way Owners Association Bylaws shall only be made
by the Hoover Way Owners Association. Amendments to the Bylaws shall be
presented to the owners at the same time as the owner is provided notice of the
meeting. The bylaws may not be changed without the owners having been
presented with the proposed change, the time of the meeting to consider the
change and the passage by a majority of the owners present, in person or by
proxy, at the meeting.
Declaration of Protective Covenants, Conditions and Restrictions for
Hoover Way Subdivision
Bozeman, Montana
prepared by
Intrinsik Architecture, Inc.
DRAFT Date: November 8, 2017
Please Return to:
Intrinsik Architecture
111 N Tracy Ave
Bozeman, MT 59715
1
Table of Contents
Name Page
Article 1: Purpose 5
Article 2: Land Subject to Covenants 5
Article 3: Relationship to other Documents 5
3.1 Local Land Use Regulations 5
3.2 Hoover Way Owners Association Bylaws 5
Article 4: Hoover Way Owners Association 6
4.1 Function 6
4.2 Membership 6
4.3 Board of Directors 7
4.4 Meetings 8
4.5 Voting & Membership Interest 8
4.6 Annual & Special Assessments 8
Article 5: General Restrictions & Notices 11
5.1 General Use 11
5.2 Design Regulations 14
5.3 Landscaping 14
5.4 Boulevard Trees 14
5.5 Weed Control 14
5.6 Garbage 14
5.7 Sidewalks 14
5.8 Address Numbering 15
5.9 Fences 15
5.10 Lighting 15
Article 6: Common Areas
15
6.1 Use 15
6.2 Control and Management 16
6.3 Maintenance 16
6.4 Maintenance Guarantee 16
Article 7: Enforcement
7.1 Enforcement 18
7.2 Fine Schedule 20
7.3 Dispute Resolution 20
Article 8: Term 20
2
Article 9: Amendments 21
Article 10: Definitions 22
Exhibit A: Legal Descriptions 27
Exhibit B: Stormwater Maintenance Plan 28
Exhibit C: Approved Townhouse Plans
29
3
DECLARATION OF AMENDED & RESTATED PROTECTIVE COVENANTS &
RESTRICTIONS FOR HOOVER WAY
THIS DECLARATION OF THIS AMENDED AND RESTATED PROTECTIVE
COVENANTS is made this ______ day of ____________, 2017, by __________ and
Hoover Way Owners Association, hereinafter referred to as "Declarant";
W I T N E S S E T H :
WHEREAS, _____________ and Hoover Way Owners Association (hereinafter
referred to as Declarant) are, or represent, the owners of the real property located in
Hoover Way Subdivision for the lands more particularly described in Exhibit A, which
are located in the City of Bozeman, Gallatin County, Montana; and
WHEREAS, on ________ 2017, Declarant _____________ recorded Covenants
Hoover Way Subdivision as Document Number _____________ in the office of Gallatin
County Clerk and Recorder. With the recording of said covenants, established the
Owners Association for Hoover Way Subdivision; and
WHEREAS, on ____________, 2017, Hoover Way Owners Associations
conducted an election and received ballots by more than 75% of their respective
members affirmatively voting to consolidate the covenants for each phase of Hoover
Way Subdivision, the Bylaws for each phase of Hoover Way subdivision and
determining for the betterment of all Phases of Hoover Way Subdivision, the governing
Owners Associations should be consolidated into one Owners Association; and
WHEREAS, Declarant intends to continue to develop the land with residences,
open space and a variety of uses, and the purpose of this declaration is to create and
keep the community area desirable, attractive, beneficial and suitable in architectural
design, materials and appearance; and to guard against unnecessary interference with
the natural beauty of the community area for all the mutual benefit and protection of
owners within the community area; and
WHEREAS, Declarant affirms and further re-declares that all land described in
Exhibit “A” shall be held, sold, conveyed, encumbered, leased, occupied and improved,
subject to these amended and restated Hoover Way Covenants meaning the limitations,
covenants and restrictions set forth in this declaration and any subsequent amendments
hereto, or related documents authorized by the filing of these Covenants, all of which
are intended to enhance the desirability and attractiveness of the land. These
limitations, covenants and restrictions shall run with the land and shall be binding upon
all persons having or who acquire any right, title or interest in and to the land, and shall
inure to the benefit of the Declarant, the Association and each person who becomes an
owner of the land; and
4
WHEREAS, Declarant desires to continue to subject all of said real property,
together with the lots, phases and subdivisions contained therein, to the covenants,
conditions, restrictions and reservations herein set forth and referred to as "Covenants”;
and
WHEREAS, the Declarant now records the Amended and Restated Protective
Covenants for Hoover Way Subdivision; and
NOW THEREFORE, Declarant shall impose upon the property the following
Covenants, which shall run with the land and shall be binding upon and be for the
benefit and value of the Declarant and persons claiming under them, their grantees,
successors and assigns, and shall be for the purpose of maintaining a uniform and
stable value, character, architectural design, use and development of the property. The
Covenant shall apply to the entire property and to all improvements placed or erected
thereon unless otherwise specifically excepted and shall have perpetual existence,
unless terminated by law or amended as herein provided.
5
Article 1: Purpose
The purpose of these Covenants is to protect and enhance Hoover Way neighborhood
and to provide for the maintenance of shared common areas.
Article 2: Property Subject to Covenants
The land described in Exhibit “A” attached hereto shall be held, sold, conveyed, leased,
encumbered, occupied and improved subject to this Declaration. The Covenants shall
inure to and pass with each and every parcel, tract, lot or division.
Article 3: Relationship to other Documents
3.1 Local Land Use Regulations
All zoning, land use regulations and other laws, rules and regulations of any
governing body or agency with jurisdiction over Hoover Way shall be in full force
and effect, including amendments thereto, in addition to these Covenants. All
owners of land in Hoover Way shall be subject to those regulations, laws, rules
and regulations. The Bozeman Unified Development Code (UDC) can be found
online at www.bozeman.net.
In the event there is a conflict between the Covenants and any land use
regulations, the most restrictive provision shall control.
3.2 Hoover Way Owners Association Bylaws
The procedures and processes for Hoover Way Owners Association are outlined
in a separate document entitled “Hoover Way Owners Association Bylaws” which
is authorized by the filing of these Covenants. The Association Bylaws have a
separate provision for amendments.
Article 4: Hoover Way Owners Association
4.1 Function
Hoover Way Owners Association is charged with the duties and empowered with
the rights set forth herein and in Hoover Way Owners Association Bylaws.
The Association, acting through its Board of Directors, shall have the power and
authority to take such actions as shall be necessary or reasonable to care for,
protect and maintain the open spaces, common areas and facilities, easements,
and boundary fences; to enforce these Covenants; to adopt a development
review fee schedule; to collect assessments and fines; to adopt a fine schedule;
to set annual and/or special meetings; and to act in any other matters set forth
herein or which may serve the development, including the formation of special
improvement districts, either public or private, for such improvements as the
Association shall approve.
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4.2 Membership
The Owners Association, which may be incorporated, is hereby established
known as "Hoover Way Owners Association" hereinafter referred to as the
"Association." The Association shall elect a four-member Board of Directors
whose duties are described in detail in the Bylaws.
Every owner or contract purchaser of a lot or unit shall be a member of Hoover
Way Owners Association. Membership shall be appurtenant to and may not be
separate from the ownership of any lot or unit. Each Owner shall be responsible
to advise the Association of the Owner's current mailing address and any
changes to that address. Upon transfer of any Hoover Way lot, the Owner is
responsible for advising the Association of the name and address of the new
Owner. The address of the Association shall be: P.O. Box XXXX, Bozeman,
Montana 59719. The address of the Association may be changed by the Board
of Directors upon notice to the owners.
For the purpose of determining membership, at any meeting a person or entity
shall be deemed to be a member upon the recording of a duly executed deed to
that owner, or upon the recording of a Notice of Purchaser's Interest or an
Abstract of Contract for Deed showing a contract purchase by an owner. The
legal title retained by the vendor selling under contract shall not qualify such
vendor for membership. Nothing contained herein shall grant multiple owners of
a single lot more than one vote per lot.
Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a
contract for deed wherein title is vested in the mortgage, beneficiary or original
seller on a contract, or repossession for any reason of a lot or unit sold under a
contract shall terminate the vendee's membership, whereupon all rights to such
membership shall vest in the legal owner.
Voting and membership interest is addressed in Article 6 of Hoover Way Owners
Association Bylaws.
4.3 Board of Directors
Hoover Way Owners Association shall elect a Board of Directors. The Board
shall be comprised of four members of Hoover Way Owners Association. The
Declarant shall have the option to be a member of the Board of Directors so long
as he or she owns property in any phase of Hoover Way.
The Board of Directors shall have the power and responsibility of acting on behalf
of the Association and its members as shall be reasonably necessary to carry out
the purposes of the Association, including but not limited to take such actions as
shall be necessary or reasonable to care for, protect and maintain the parks,
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open spaces, common areas and facilities, ponds, watercourses, easements,
and boundary fences; to enforce these Covenants; to adopt a development
review fee schedule; to collect assessments and fines; to adopt a fine schedule;
to set annual and/or special meetings; and to act in any other matters set forth
herein or which may serve the development, including the formation of special
improvement districts, either public or private, for such improvements as the
Association shall approve.
The Directors shall act by majority vote.
The Board of Directors shall serve for a term as set by the Bylaws and which
may be modified according to the amendment procedures set forth in the Bylaws.
The staggering of terms shall be accomplished as set forth in the Bylaws.
4.4 Meetings
The Association shall hold annual meetings. Meeting times, locations, formats
and voting shall occur as specified in Hoover Way Owners Association Bylaws.
4.5 Voting & Membership Interest
Voting and membership interests shall be as specified in Hoover Way Owners
Association Bylaws.
Article 5: General Restrictions & Notices
5.1 General Use Restrictions
The following general use restrictions shall apply to Hoover Way:
(a) No construction, development, excavation, landscaping, or like
activities shall occur on any lot within Hoover Way without prior written
approval from the Association.
(b) Each building or other structure shall be constructed, erected and
maintained in strict accordance with the plans and specifications
approved by the Association.
(c) No animals, livestock or poultry of any kind shall be raised, bred, or
kept on any land in the subdivision, except that a reasonable number
of cats, dogs or other common household pets may be kept; provided,
however that they are not kept, bred or maintained for any commercial
purpose. Exterior Dog kennels are strongly discouraged. If needed,
kennels must be in an inconspicuous location and screened from
neighbor’s property.
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(d) No hunting of, shooting at or harassing of birds, animals or any wildlife
will be permitted. Skunks, gophers and rodents may be trapped;
however, poison may not be used.
(e) With ongoing construction and permanent residents occupying finished
projects, it is imperative to keep construction materials covered and/or
tied down, and debris and trash contained until properly disposed of.
Violations will be subject to cleanup fees and/or fines of up to $500 per
occurrence.
(f) No building materials, trash, gravel, excess soils, job trailers, or
dumpsters are allowed to obstruct the public rights-of-way unless
necessary permits are obtained from the City of Bozeman Engineering
Office and the required barricades/safety markers are in place.
Violations will be subject to fines of up to $500 per occurrence.
(g) Parked cars shall not obstruct pedestrian traffic. Vehicles parked in
violation of these Covenants will be notified by means of a verbal
notice to the vehicle owner or verbal notice to the lot owner, or by
written notice from the Association stating that the vehicle is in violation
of these Covenants and requesting immediate removal of the vehicle.
If the violation is not corrected within twenty-four (24) hours of
notification, the Association may cause the vehicle to be towed and
impounded at the expense of the vehicle’s owner. The Homeowner’s
Association may cause a vehicle to be towed immediately without
notification if the Association determines the vehicle impedes
emergency vehicles or, in any way, represents a threat to health and
safety.
(h) The Owners, Declarant and Association are hereby prohibited and
precluded from engaging in any activity that would affect or impact any
downstream water user facilities and irrigation ditches for downstream
water rights.
(i) City sewer and water lines, power, natural gas, cable television, and
telephone primary service lines are provided to each lot. However,
each lot owner is responsible for the costs of connecting to the main
utility lines to his or her improvements from the primary line near his or
her lot, including any additions to the primary line that may be required
by location of the improvements on the lot. All utility lines shall be
underground.
(j) No signs shall be erected on the property or lot thereof, except to
identify the owner of the property. Typical "For Sale" signs shall be
allowed during the sale of a lot.
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(k) There are reserved, as shown in the plat and as may otherwise be
reserved, easements for the purposes of constructing, operating,
maintaining, enlarging, reducing, removing, laying or relaying lines and
related facilities and equipment for utilities, including, but not limited to,
those providing gas, communication and electrical power. Fencing,
hedges and other items allowed by the Covenants may be placed
along and in the easements, with permission from the City of Bozeman
Engineering Division, as long as the intended use of such easements
are not prevented.
5.2 General Design Standards
Townhouse designs attached are the approved building designs for the Hoover
Way Subdivision. Additions to the original designs are not allowed. Fence
designs attached are the approved fences for the Hoover Way Subdivision. No
new fence, wall, parking area, garage, shed, outbuilding or other structure shall
be made, erected, altered or permitted to remain upon the properties until written
plans and specifications showing the design, nature, kind, color, dimensions,
shape, elevations, material, use and location have been submitted and approved,
in writing, by the Association, as well as appropriate City of Bozeman review,
permitting and fee payment. All plans submitted to the City of Bozeman Planning
Department or Building Division must have the association’s stamp of approval. It
is the responsibility of the property owner to ensure that he/she has the most
recent copy of the Covenant’s Design Regulations.
Each townhome lot shall be individually responsible for the maintenance and
repair of any private parking areas, garage stall, private sidewalks, exterior
lighting, trees, and landscaping on their townhouse lot. The lots, buildings,
improvements, and appurtenances thereon shall at all times keep in a safe and
clean condition. All private landscaping shall be maintained, watered, trimmed,
mowed, controlled for weeds, and replaced as necessary so as not to detract
from the general appearance of the subdivision and the neighboring properties.
Maintenance shall include, but not be limited to, snow and ice removal as
required by the City of Bozeman.
5.3 Landscaping
Each lot owner shall submit a complete and comprehensive landscape plan at
the time of construction plans are submitted in compliance with Hoover Way
Landscape Plan for each lot and the requirements set forth in the Unified
Development Code of the City of Bozeman.
5.4 Boulevard Trees.
Boulevard landscaping is provided with construction of the subdivision. The
association is responsible for maintenance of boulevard trees. Individual owners
are responsible for maintenance of lawn areas in boulevards adjacent to their lot.
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5.5 Weed Control
The control of noxious weeds by the Owners Association on those areas for
which the Owners Association is responsible and the control of noxious weeds by
individual owners on their respective lots shall be as set forth and specified under
the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153)
and the rules and regulations of the Gallatin County Weed Control District.
The landowner shall be responsible for the control of the state and county
declared noxious weeds on his or her own lot. Both unimproved and improved
lots shall be managed for noxious weeds, In the event a landowner does not
control the noxious weeds, after ten (10) days notice from the Owners
Association, the Owners Association may cause the noxious weeds to be
controlled. The cost and expense associated with such weed management shall
be assessed to the lot and such assessment may become a lien if not paid within
thirty (30) days of the mailing of such assessment.
The Owners Association is responsible for control of state and county declared
noxious weeds in the subdivision open space lots.
5.6 Garbage
Property owners and residents of the neighborhood are informed that all garbage
must be promptly removed from the property. There shall be no incineration or
burning of garbage, trash or other waste or debris on, or coming from any lot. No
junk, garbage, trash, equipment, non-working or out-of-use vehicles, parts,
metals, lumber, debris or other waste shall be allowed to accumulate on any lot
or originate from any lot during construction. All garbage and trash requirements
of the City of Bozeman shall be observed. Garbage containers shall be kept in
the garage or other enclosures except on garbage pick-up day.
All construction dumpsters must be protected from wind. Owners with unsecured
dumpsters or building materials will be subject to fines.
In the event an owner shall not control waste on or coming from their property,
the Association, after ten (10) days written notice to an owner to control the
same, may cause the waste to be controlled or collected, and will assess the lot
owner for the costs thereof and or fined.
Refuse within the open space lots will be collected by a service retained by the
Owners Association.
5.7 Sidewalks
Sidewalks will be constructed with the subdivision.
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Every lot owner shall be responsible for maintenance of the sidewalk located on,
adjacent to and between the owner’s lot and the nearest right-of-way.
Maintenance shall include, but not be limited to snow and ice removal.
The Owners Association shall be responsible for maintenance of the trail located
on the common open space parcel. Maintenance shall include, but not be limited
to snow and ice removal.
5.8 Address Numbers
Each owner is required to maintain visible address numbers on the exterior of
their home.
59 Fences
Fences will be constructed with the subdivision. All Fence design and location
shall be approved shall conform to the requirements of section 38.23.130 of the
Bozeman Unified Development Code titled “Fences, Walls and Hedges”. Fences
must be built according to the specifications in Attachment C.
5.10 Lighting
All exterior lighting is provided. Any added exterior lighting must be approved by
the association. Exterior lighting must be free of glare and shall be fully shielded
or shall be indirect lighting, shall comply with the requirements of the City of
Bozeman, Unified Development Code, Sec 38.13.150, or as otherwise amended.
No lighting shall shine beyond a property’s lot line.
Article 6: Common Areas
The Association shall be responsible for the operation and maintenance of all common
areas and open space within the subdivision. Common areas include boulevards
adjacent to the park, stormwater facilities and common open space lots.
6.1 Use
Each property or unit owner has the right to use and enjoy the common facilities.
No property owner shall have the right to occupy or possess any of the open
space and common area by reason of owning a lot in Hoover Way. No Owner,
guest or invitee may use or occupy the common area, roads, open space,
parking area or any lot in such a manner as to disturb or interfere with the
peaceful use, occupancy or enjoyment of any other owner, guest or invitee.
General use restrictions are listed in Article 5. In addition to the other restrictions
stated herein, no motorcycles, snowmobiles or similar means of transportation
are permitted in common areas. Motorized vehicles are allowed exclusively for
snow removal.
Violations shall be enforced as provided for in Article 7 of these Covenants.
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The Board, among its other duties, shall establish assessments for the taxes,
insurance, and maintenance of all common open spaces, stormwater runoff
facilities, trails, and park adjacent boulevards.
6.2 Control and Management
The Association shall have the exclusive right and obligation to manage, control
and maintain the Open Spaces and Common Areas.
6.3 Maintenance
Common areas and open space shall be maintained in good condition and repair
and have the obligation to maintain the Common Area and open spaces in good
condition and repair as set forth on the Final Plat of Hoover Way Subdivision.
This includes the responsibility to control noxious weeds and to maintain
sidewalks in the common open space and park adjacent boulevards, including
snow removal and landscaping.
Wetland buffer area restrictions (applies to all common open space parcels
and park wetland buffer areas)
a) Fertilizer use including those fertilizers containing nitrogen, phosphorus,
and potassium is restricted within all common areas, open space, and
parks within subdivision boundaries.
b) Herbicide use is restricted to manual, selective spot spraying using
chemicals approved for use near water by the Gallatin County Weed
District.
c) Disposal of household debris, homegoods, yard waste, pet waste,
firewood, and chemicals is not allowed.
d) Disturbed areas within the wetland setback located between yards and
wetland boundaries shall be planted with the approved native wetland
seed mix included in the Declaration of Protective Covenants and shall
remain un-mowed.
e) The transition area between the wetland boundary and wetland setback
shall be planted with native, wetland, trees and shrubs selected from the
species list included in the Declaration of Protective Covenants.
Storm Water Facilities
Stormwater facilities, including the underground stormwater structures, shall be
maintained per Hoover Way Subdivision Stormwater Maintenance Plan, Exhibit
B.
The Owners Association shall be responsible for liability insurance, local taxes
and maintenance of recreation and other facilities in the common space areas.
The assessments levied by the Board for the maintenance, upkeep, repair and
operation of common areas like all other assessments, become a lien on each lot
within Hoover Way. The Board may, in its discretion, adjust the assessments to
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meet the changing needs of the community and the areas serving the
community.
The Owners Association shall also be responsible for the maintenance of all
common properties, paths and trails, facilities, centers, and adjacent sidewalks
and/or landscaping in street boulevards.
6.4 Maintenance Guarantee
In the event the organization or any successor organization established to own
and maintain commonly owned open spaces, recreational areas, facilities, private
streets, and parking lots common areas and facilities, shall at any time fail to
maintain the common areas or facilities in reasonable order and condition in
accordance with the approved plan, the City Commission may cause written
notice to be served upon such organization or upon the owners of property in the
development. The written notice shall set forth the manner in which the common
areas or facilities have failed to be maintained in reasonable condition. In
addition, the notice shall include the demand that the deficiencies noted be cured
within thirty days thereafter and shall state the date and place of a hearing to be
held within fourteen days of the notice. At the time of hearing, the City
Commission may modify the terms of the original notice as to deficiencies and
may extend the time within which the same may be cured. If the deficiencies set
forth in the original notice or modifications are not cured within the time set, the
City may enter upon such common facilities and maintain the same for a period
of one year, in order to preserve the taxable values of properties within the
development and to prevent the common facilities from becoming a public
nuisance. Such entry and maintenance shall not vest in the public any right to
use the common facilities not dedicated to public use. Before the one year period
expires, the Commission shall, upon its own initiative or upon written request of
the organization theretofore responsible for maintenance, call a public hearing
and give notice of such hearing to the organization responsible for maintenance
or the property owners of the development. At the hearing, the organization
responsible for maintenance and/or the residents of the development may show
cause why maintenance by the City should not be continued for a succeeding
year. If the City Commission determines that it is not necessary for the City to
continue such maintenance, the City shall cease such maintenance at the time
established by the City Commission. Otherwise the City shall continue
maintenance for the next succeeding year subject to a similar hearing and
determination at the end of each year thereafter.
(a) The cost of maintenance by the City shall be a lien against the common
facilities of the development and the private properties within the
development. The City Commission shall have the right to make
assessments against properties in the development on the same basis that
the organization responsible for maintenance of the facilities could make
such assessments. Any unpaid assessment shall be a lien against the
property responsible for the same, enforceable the same as a mortgage
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against such property. The City may further foreclose its lien on the common
facility by certifying the same to the County Treasurer for collection as in the
case of collection of general property taxes.
(b) Should the property owners association request that the City assume
permanent responsibility for maintenance of facilities, all facilities shall be
brought to City standards prior to the City assuming responsibility. The
assumption of responsibility must be by action of the City Commission and all
costs to bring facilities to City standards shall be the responsibility of the
property owners association. The City may create special financing
mechanisms so that those properties within the area affected by the property
owners association continue to bear the costs of maintenance.
(c) These common areas and facilities shall include but are not limited to
commonly owned open spaces and stormwater runoff facilities. These
common areas and facilities shall also include but are not limited to open
space, as well as any public streets, avenues and alleys not accepted by the
City for maintenance.
(d) The City shall assume permanent responsibility for maintenance of public
areas and facilities when a dedicated funding mechanism is adopted.
Article 7: Disputes, Enforcement, & Fines
7.1 Enforcement
Each Owner grants to Declarant and reserves to Declarant, a lien upon the lot of
the Owner to secure the faithful performance by the Owner of the requirements
and restrictions contained in these Covenants and Bylaws. If any Owner shall fail
to comply with these Covenants, or the Bylaws within ten (10) days after
Declarant shall have deposited in the United States postal system a notice to the
Owner of the failure to comply, Declarant shall have the right to cause the
necessary work to be done and to have a lien upon the land of the non-
complying Owner for the reasonable cost of such work plus an additional amount
equal to ten (10) percent of the cost of such work.
If within thirty (30) days the non-complying Owner does not pay to Declarant the
sum secured by the lien, then Declarant may foreclose the lien in compliance
with the mortgage foreclosure laws of the State of Montana for the aggregate of
(I) the reasonable cost of such work (II) a sum equal to ten (10) percent of such
work, and (III) all cost incurred by Declarant in foreclosing the lien, including a
reasonable attorney’s fee. Declarant is in no way precluded from seeking any
15
remedy available to Declarant pursuant to the laws of Montana, including but not
limited to immediate, temporary and permanent injunctive relief.
Enforcement of these Covenants by the Declarant, Board of Directors, Owner or
any party having standing, shall include for the party seeking enforcement and
prevailing in such enforcement, an award of costs, fees and reasonable
attorney’s fees.
Should any lawsuit or other legal proceeding be instituted by the Association or
an owner against an owner alleged to have violated one or more of the
provisions of these Covenants and should the Association or owner enforcing the
provisions of the Covenants be wholly or partially successful in such
proceedings, the offending owner shall be obligated to pay the costs of such
proceeding, including reasonable attorney’s fees for all time associated with the
action.
The failure of Declarant, the Association or an owner, to enforce any Covenant or
restriction contained herein shall not be deemed a waiver or in any way prejudice
the rights to later enforce that Covenant, or any other Covenant thereafter, or to
collect damages for any subsequent breach of Covenants.
The waiver or approval of a variance of a Covenant provision by the Board of
Directors or Hoover Way Review Committee, or non-action of the Association or
Declarant in the event of a violation of a Covenant by a particular owner or lot,
shall not be deemed to delete or waive the Covenant or enforcement thereof as it
pertains to other owners or lots.
Invalidation of any one of these Covenants, or Bylaws by judgment or by Court
order shall in no way affect any of the other provisions, all of which shall remain
in full force and effect.
In any conveyance of the above described real property or of any lot thereon, it
shall be sufficient to insert a provision in any deed or conveyance to the effect
that the property is subject to protective or restrictive Covenants without setting
forth such restrictions and Covenants verbatim or in substance in said deed nor
referring to the recording data. All of the above described real property and lots
shall be subject to the restrictions and Covenants set forth herein, whether or not
there is a specific reference to the same in a deed or conveyance.
A breach of any of the foregoing restrictions or Covenants shall not defeat or
render invalid the lien of any mortgage or deed of trust made in good faith and for
value upon any lot or portion of the real property or any improvements thereon.
However, the Covenants shall be binding upon and shall inure to the benefit of
any subsequent owner whose title thereto was acquired by foreclosure, trustee
sale or otherwise.
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7.2 Fine Schedule
For any Violation of the terms, conditions, restrictions and protections contained
within the Covenants, and upon written complaint signed by the author.
Upon receipt of complaint and the finding of violation, the Association has the
authority to assess fines. The Association shall notify the Owner upon receipt of
a complaint of violation and allow a reasonable time for response by the Owner.
The Association’s agent may determine if a violation occurred. Upon
determination of a violation, the Association shall notify the Owner of the
violation, the fine and the date of payment for the fine and the ability of the
Association to file a lien against the Owner’s property without further notice.
Failure to pay the fine when due shall subject the Owner to interest on the unpaid
portion of the fine at a rate of not less than ten (10) percent per annum. Said rate
may be amended without an amendment of this Declaration.
In addition to the fine schedule set forth above, the Homeowner’s Association
may assess fines of up to $50,000.00 (note that this is in addition to the terms
outlined for unfinished structures against any Owner who constructs, remodels or
modifies a structure without written approval from the ASSOCIATION.
7.3 Dispute Resolution
If a dispute still exists after all proper procedures outlined in this document have
been exhausted, mediation should be the next step in dispute resolution before
any lawsuits are filed.
Article 8: Term
All the limitations, conditions, and restrictions contained in these Covenants of Hoover
Way shall run with the land and shall be binding on all parties and persons claiming
under them for a 10 year period beginning at the date of filing of this document, at which
time the same shall be automatically extended for successive periods of 10 years,
unless the record Owners of lots then within Hoover Way having not less than three-
fourths (3/4) of the total votes record an instrument terminating Hoover Way Covenants
within one (1) year prior to the commencement of any such period. Any such
termination shall take effect upon expiration of the period during which it is given. Prior
to the expiration of these Covenants, the Association may vote, pursuant to the
provisions allowing amendment hereto, to extend these Covenants.
Article 9: Amendments
Any covenant which is required as a condition of the preliminary plat approval and
required by the City Commission may not be amended or revoked without the mutual
consent of the owners in accordance with the amendment procedures in the Covenants,
and the City Commission.
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Hoover Way Covenants, may, at any time, be amended or replaced upon the happening
of all the following events:
A. The vote of Owners having not less than two-thirds (2/3) of the total votes within
Hoover Way at a meeting of the Association duly held. The notice of the meeting
shall state that the purpose of the meeting is to consider the amendment or
repeal of Hoover Way Covenants, giving the substance of any proposed
amendments or indicating the provisions to be repealed, as the case may be;
and
B. The recordation of a certificate of the Secretary or an Assistant Secretary of the
Association setting forth in full the amendment or amendments to Hoover Way
Covenants so approved, including any portion or portions thereof repealed, and
certifying that said amendment or amendments have been approved by vote of
the Owners pursuant these Covenants.
C. The President or Vice-President shall execute and record the amendment,
change or addition with the Clerk and Recorder of Gallatin County, Montana.
Any change of these Covenants shall be effective upon the filing and recording of such
an instrument in the office of the Gallatin County Clerk and Recorder. No improvements
that were constructed and approved in accordance with the Covenants shall be required
to be changed because such standards are thereafter amended. All lots within all
phases of Hoover Way shall be required to adhere to these Covenants.
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Article 10: Definitions
The words and terms used in this document shall be defined as in the latest edition of
the City of Bozeman Unified Development Ordinance unless defined below. If not
defined below or in the Unified Development Ordinance, words and terms shall have
their customary dictionary definitions.
Architect shall mean a person registered to practice architecture in the State of
Montana.
Association shall mean Hoover Way Owners Association, and its successors
and assigns which shall serve and may be referred to as the Homeowners’
Association. The Association may be incorporated as a Montana nonprofit
corporation, with its members as the lot owners.
Board shall mean the Board of Directors of the Association. (Also see
“Directors” definition below.)
Bylaws shall mean the bylaws of the Association.
Hoover Way Subdivision shall include all land described in Exhibit “A.”
Contract purchaser shall mean a person buying a lot pursuant to a contract for
deed, Montana Trust Indenture or mortgage.
Declarant shall mean ____________ or such other person entity or corporation
who ____________ may be, by a recorded document, designated as the
Declarant.
Development shall mean any building, construction, renovation, or material
change in the use or appearance of structures or land. Development includes the
construction of fences and paving and significant landscape changes.
Directors shall mean the Board of Directors of the Association, comprised of
nine members of Hoover Way Owners Association. The Declarant shall have the
option to be a member of the Board of Directors so long as he or she owns
property in Hoover Way. Directors shall be elected at the annual meeting by a
simple majority of the members of the Association. Power and Duties of the
Board of Directors.
Lot shall mean and refer to only that land so divided into a lot, tract or parcel that
is (a) described in Exhibit “A” and (b) designated as the Declarant for residential,
commercial or industrial use. The term lot does not include any portion of the
Parks or open space.
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Member shall mean any owner or lot owner. Each member or owner agrees to
abide and be bound by these Covenants, the Articles of Incorporation, Bylaws
and the Resolutions of the Owners Association, if any.
Open space means those areas set aside for the use of all of the owners and
the public, including roads, trails, easements, parks, open spaces, and medians.
The terms “open space” and “common area” or “common open space” are used
interchangeably.
Owner also referred to as lot owner, member and home owner, shall mean and
refer to the record owner, whether one or more persons or entities, of a fee
simple title to or leasehold interest in any land which is a part of Hoover Way,
including contract purchasers, but excluding those having such interest merely as
security of the performance of an obligation.
Parks shall mean all land and interest therein which has or may be conveyed to
the City of Bozeman, including but not limited to all lands identified as common
open space, trails, Public Park, park, private open space, and detention /
retention ponds as delineated on the final plat. The word park when used herein
in the singular form may be referring a portion of the total parks delineated on the
final plats of Hoover Way Subdivision. Any portion of the designated parks not
specifically designated as common open space may be transferred to an
appropriate organization subject to the restriction governing the maintenance and
improvements of parks contained herein. Common open space, including the
detention / retention ponds, shall remain in the ownership and control of the
Association. Parks shall be maintained and improved consistent with the
provisions of these Covenants governing maintenance of parks and
improvements of parks. All Parks are hereby declared to be dedicated to be
public use and available for the use and enjoyment of the public.
Properties and "lots" shall mean all of the real property herein described and
subsequently surveyed and platted into lots as Hoover Way, according to the
official plats thereof filed of record in the office of the Clerk and Recorder of
Gallatin County, Montana.
UDC shall mean the current City of Bozeman Unified Development Code or other
current land use regulations as adopted by the City of Bozeman.
20
IN WITNESS WHEREOF, Declarant has hereunto set its hand as of this ______
day of _________________, 2017.
DECLARANT:
_________________________________
Title: ____________________________
STATE OF _____________ )
:ss
County of ____________ )
On this ______day of ________________, 2017, before me, a Notary Public of
the State of ____________, personally appeared _____________________ known to
me to be the person described in and who executed the foregoing instrument as
_____________________________________ of ____________ whose name is
subscribed to the within instrument and acknowledged to me he/she executed the same
for and on behalf of ____________.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on
the day and year first written above.
___________________________________________
Printed Name: ____________________________
NOTARY PUBLIC for the State of: ____________
Residing at: _______________________________
Commission expires _______________ (use 4 digits)
DECLARANT:
_________________________________
Hoover Way Owners Association
Authorized Representative
STATE OF _____________ )
:ss
County of ____________ )
On this ______day of ________________, 2017, before me, a Notary Public of
the State of ____________, personally appeared _____________________ known to
me to be the person described in and who executed the foregoing instrument as an
authorized representative of Hoover Way Owners Association, whose name is
subscribed to the within instrument and acknowledged to me he/she executed the same
for and on behalf of Hoover Way Owners Association.
21
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on
the day and year first written above.
___________________________________________
Printed Name: ____________________________
NOTARY PUBLIC for the State of: ____________
Residing at: _______________________________
Commission expires _______________ (use 4 digits)
22
Exhibit A: Legal Description of Subdivision
Description of Hoover Way
To be added
23
Exhibit B: Stormwater Management Plan
24
Exhibit C: Approved Townhouse and Fence Design
Draft Park Maintenance Agreement
JOINT MAINTENANCE
AGREEMENT
This JOINT MAINTENANCE AGREEMENT (the “Agreement”) (JMA) dated
____________, 2017 for reference, is made and entered into by the Hoover Way Owners
Association and the Baxter Square Owners Association with reference to the following
facts.
A. This Agreement relates to the shared park area located on two parcels
owned by the City of Bozeman located between Baxter Square Phase III and the Hoover
Way Subdivision (legal description ________________).
B. The JMA is designed to provide for shared maintenance of the park and
open space parcels known as ‘the park’(park name needed______________).
C. The Hoover Way Owners Association and the Baxter Square Owners
Association are entering this Agreement to memorialize their respective understandings
concerning their rights and their maintenance obligations with respect to the improvements
to be located within the shared park.
AGREEMENT
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of
which are hereby acknowledged, and in consideration of the covenants and conditions of
this Agreement, the parties agree as follows:
1. Maintenance Obligations. It is anticipated by the parties that the
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
16. Entire Agreement. This Agreement (including all Exhibits attached hereto) is the
final expression of, and contains the entire agreement between, the parties with respect to
the subject matter hereof and supersedes all prior understandings with respect thereto. This
Agreement may not be modified, changed, supplemented, superseded, canceled or
terminated, nor may any obligations hereunder be waived, except by written instrument
signed by the party to be charged or by its agent duly authorized in writing or as otherwise
expressly permitted herein.
17. Waivers. No waiver of any breach of any covenant or provision herein contained
shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other
covenant or provision herein contained. No extension of time for performance of any
obligation or act shall be deemed an extension of time for performance of any other
obligation or act except those of the waiving party, which shall be extended by a period of
time equal to the period of the delay.
20. Governing Law. The parties hereto acknowledge that this Agreement has been
negotiated and entered into in the State of California. The parties hereto expressly agree
that this Agreement shall be governed by, interpreted under, and construed and enforced in
accordance with the laws of the State of California and, where applicable, federal laws.
21. No Third Party Beneficiaries. No person or entity shall be deemed to be a third
party beneficiary hereof, and nothing in this Agreement (either express or implied) is
intended to confer upon any person or entity, other than the District and County, any rights,
remedies, obligations or liabilities under or by reason of this Agreement.
Executed in Bozeman Montana, as of the date set forth above.
Baxter Square Owners Association
By: __________________________
Name: ________________________
Title: _________________________
Hoover Way Owners Association
By: __________________________
Name: ________________________
Title: _________________________
Additional Subdivision Preliminary Plat Supplements
Page 1 οf 2
Hoover Way PUD Subdivision Utility and Road Narrative
Hoover Way PUD Subdivision
1. Water and Sewer Water Supply
Water for domestic use and fire protection will be provided by connections to the City of
Bozeman water system. The proposed water mains will connect to existing water mains in
Sartain Street and Georgia Marie Lane. Please see the Water and Sewer Design Report in Appendix A for more information.
Water rights or cash-in-lieu thereof, will be transferred with final plat.
Sanitary Sewer Sanitary sewer service will be provided through connection to the City of Bozeman’s existing sanitary sewer collection system. The sewer system will connect to the 8” main stub
at the intersection of Hoover Way and Sartain Street and the existing sewer stub at the
western end of Georgia Marie Lane. From there, sanitary sewage will be conveyed to and
treated at the City of Bozeman’s Water Reclamation Facility. Please see the Water and Sewer Design Report in Appendix A for more information.
2. Storm Water Management
Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then underground via storm drain piping to a underground stormwater retention chambers in the Common Open Space parcels located on the east side of Hoover Way. Please see the
Stormwater Design Report in Appendix B for more information.
3. Streets, Roads, and Alleys The proposed Hoover Way Subdivision has legal access onto Sartain Street and Georgia
Marie Lane. The proposed roads will match the established (existing) street grid structure and
be within dedicated 60-ft wide right-of-way’s. Hoover Way is currently platted within a 33’
private road and public utility easement per Document Number 2200900 south of Sartain Street. This subdivision proposes to expand that to a 50’ right-of-way north of Sartain Street, and gradually increase the right-of-way width to 60’. Hoover Way will be 31’ top back of
curb to top back of curb everywhere throughout the proposed subdivision. Sidewalks will
provide pedestrian circulation within the subdivision. Trip generation is estimated at a total
of 177 trips/day (ITE Trip Generation, 9th Edition). The 2014 modeled average annual daily traffic on Baxter Lane in the vicinity of this subdivision is 9,214 (Figure 2.11, Bozeman Transportation Master Plan). This results in an estimated increase in traffic on Baxter of
Additional Subdivision Preliminary Plat Supplements
Page 2 οf 2
1.9%.
As recommended in the Geotechnical Report (Appendix C), the pavement design section for
the Hoover Way Subdivision is 3” asphalt surface course over 3” of 1” minus crushed gravel base course over 12” of 4” minus pit run sub-base course. This section will be checked per
the AASHTO Guide for Design of Pavement Structures when during the construction design
development.
Road maintenance for all streets will be provided by the City of Bozeman after the improvements have been accepted by the City. Erosion and siltation control will be exercised
during construction by using the appropriate best management practices as outlined in
“Montana Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water
Quality Bureau.
4. Utilities
Letters requesting comments on their ability to service this subdivision have been sent to the
following service providers:
Republic Services of Montana, American Medical Response, Bozeman Deaconess Hospital,
Bozeman Public School District, Charter Communications, NorthWestern Energy,
CenturyLink, Streamline Transit, and the United States Postal Service.
Standard 10-ft front yard utility easements will be provided. Utility easements will not be provided along the west side yard of the Common Open Space to avoid interference with the
underground stormwater retention chambers.
Additional Subdivision Preliminary Plat Supplements Page 1 οf 4
Additional Subdivision Preliminary Plat Supplements
Hoover Way Affordable Housing Subdivision
1. Surface Water
There are no watercourses on or immediately adjacent to this site. Cattail Creek flows in a
northwesterly direction approximately 110 feet west of the southwest corner of the property.
There is a groundwater-fed pond in the existing Baxter Square Subdivision Common Open Space parcel immediately to the east of the proposed subdivision. Depression wetlands exists on both sides of an abandoned railroad grade. Please refer to the wetland summary letter
provided in Appendix E of this submittal.
2. Floodplains There are no designated floodplains on or immediately adjacent to this site.
3. Groundwater
The geotechnical investigation report is included in Appendix C of this submittal. Groundwater was encountered in all test pit excavations. Groundwater depths ranged from 5.1
feet below ground surface (bgs) to 6.5 feet bgs. Evidence of seasonally high groundwater
elevations were overserved ranging from 2.3 feet bgs to 3.9 feet bgs. Basement foundations are
not recommended within this subdivision – a note will be included on the plat with this recommendation.
4. Geology, Soils and Slope (Waived)
No unusual geological features are present on the subdivision site. The geotechnical investigation report is included in Appendix C of this submittal.
5. Vegetation (Waived)
Depression wetlands exist within the proposed subdivision. These wetlands were originally delineated as part of the Baxter Square Subdivision in 2003. This delineation has expired and the wetlands are on schedule to be delineated by Vaughn Environmental during the 2017
Spring growing season. Please refer to the wetland summary letter provided in Appendix E of
this submittal.
6. Wildlife (Waived) No critical wildlife species or habitats are known to be found on this property.
Additional Subdivision Preliminary Plat Supplements Page 2 οf 4
7. Historical Features (Waived)
There are no known historical features located within the project.
8. Agriculture (Waived)
The property is not a viable farm unit.
9. Agricultural Water User Facilities (Waived)
No water user facilities exist within the proposed subdivision.
10. Water and Sewer
Water Supply
Water for domestic use and fire protection will be provided by connections to the City of
Bozeman water system. The proposed water mains will connect to existing water mains in
Sartain Street and Georgia Marie Lane. Please see the Water and Sewer Design Report in
Appendix A for more information.
Water rights or cash-in-lieu thereof, will be transferred with final plat.
Sanitary Sewer
Sanitary sewer service will be provided through connection to the City of Bozeman’s existing sanitary sewer collection system. The sewer system will connect to the 8” main stub at the
intersection of Hoover Way and Sartain Street and the existing sewer stub at the western end of
Georgia Marie Lane. From there, sanitary sewage will be conveyed to and treated at the City of
Bozeman’s Water Reclamation Facility. Please see the Water and Sewer Design Report in
Appendix A for more information.
11. Storm Water Management
Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then
underground via storm drain piping to a underground stormwater retention chambers in the Common Open Space parcels located on the east side of Hoover Way. Please see the
Stormwater Design Report in Appendix B for more information.
12. Streets, Roads, and Alleys
The proposed Hoover Way Subdivision has legal access onto Sartain Street and Georgia Marie
Lane. The proposed roads will match the established (existing) street grid structure and be
within dedicated 60-ft wide right-of-way’s. Hoover Way is currently platted within a 33’
private road and public utility easement per Document Number 2200900 south of Sartain
Street. This subdivision proposes to expand that to a 50’ right-of-way north of Sartain Street, and gradually increase the right-of-way width to 60’. Hoover Way will be 31’ top back of curb
Additional Subdivision Preliminary Plat Supplements Page 3 οf 4
to top back of curb everywhere throughout the proposed subdivision. Sidewalks will provide
pedestrian circulation within the subdivision. Trip generation is estimated at a total of 177
trips/day (ITE Trip Generation, 9th Edition). The 2014 modeled average annual daily traffic on
Baxter Lane in the vicinity of this subdivision is 9,214 (Figure 2.11, Bozeman Transportation Master Plan). This results in an estimated increase in traffic on Baxter of 1.9%.
As recommended in the Geotechnical Report (Appendix C), the pavement design section for
the Hoover Way Subdivision is 3” asphalt surface course over 6” of 1-1/2” minus crushed
gravel base course over 12” of 6” minus pit run sub-base course. This section will be checked per the AASHTO Guide for Design of Pavement Structures when during the construction design development.
Road maintenance for all streets will be provided by the City of Bozeman after the
improvements have been accepted by the City. Erosion and siltation control will be exercised during construction by using the appropriate best management practices as outlined in “Montana Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water
Quality Bureau.
13. Utilities Letters requesting comments on their ability to service this subdivision have been sent to the
following service providers:
Republic Services of Montana, American Medical Response, Bozeman Deaconess Hospital, Bozeman Public School District, Charter Communications, NorthWestern Energy, CenturyLink, Streamline Transit, and the United States Postal Service. Response letters from
all of those who chose to comment are enclosed in Appendix E.
Standard 10-ft front yard utility easements will be provided. Utility easements will not be provided along the west side yard of the Common Open Space to avoid interference with the underground stormwater retention chambers.
14. Educational Facilities
A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. A copy of the letter and the response are enclosed in Appendix D.
15. Land Use
Hoover Way Subdivision is proposed as a 24-lot affordable housing subdivision. The subdivision includes 24 townhouse residential lots. Two Common Open Space parcels are
provided on the northeast and southeast corner of the Hoover Way/Georgia Marie Lane
intersection. Underground stormwater retention chambers will be located in these two Open
Space parcels, and the surface will be landscaped to provide usable space for the subdivision’s residents. An additional Common Open Space parcel is located on the west side of Hoover
Additional Subdivision Preliminary Plat Supplements Page 4 οf 4
Way, just south of the northern most 4-plex. This open space parcel is to remain in existing
conditions to help preserve the depression wetlands.
16. Parks and Recreation Facilities
Please refer to the project narrative in Section 2 of the preliminary plat submittal for a
summary of the Parks and Recreation Facilities.
17. Neighborhood Center Plan (Waived) The proposed subdivision is less than ten acres and does not include a neighborhood center.
18. Lighting Plan (Waived)
One street light will be included at the intersection of Hoover Way and Georgia Marie Lane. A
Special Improvement Lighting District will be created after preliminary plat approval and
before the final plat application.
19. Affordable Housing The entire subdivision is proposed to be affordable housing. Please refer to the project
narrative in Section 2 and the Affordable Housing Plan in Section 3 of this submittal.
20. Miscellaneous (Waived) No additional impacts or hazards are anticipated.
21. Stormwater Management Permit Application A Stormwater Pollution Prevention Plan (SWPPP) will be submitted to the Montana
Department of Environmental Quality prior to construction.