HomeMy WebLinkAbout19049 Application MaterialsTABLE OF CONTENTS
1. Application (A1 Development Review Application, PP Subdivision Preliminary Plat, and PP1
Preliminary Plat Checklist)
2. Project Introduction, Design Manual and Response to DRC Comments
3. Preliminary Plat Supplements Required for All Subdivisions
a) Adjoining Property Owners List and Certificate
b) USGS Vicinity Map
c) Preliminary Plat Map
d) Noxious Weed Management and Revegetation Plan
e) Preliminary Platting Certificate
f) Bylaws and Covenants
4. Additional Subdivision Preliminary Plat Supplements
a) Surface Water (Waived)
b) Floodplains (Waived)
c) Groundwater
d) Geology-Soils-Slopes (Waived)
e) Vegetation (Waived)
f) Wildlife (Waived)
g) Historical Features (Waived)
h) Agriculture (Waived)
i) Agricultural Water User Facilities (Waived)
j) Water and Sewer
k) Stormwater Management
l) Streets, Roads, and Alleys
m) Utilities (Waived)
n) Educational Facilities (Waived)
o) Land Use
p) Parks and Recreation Facilities (Waived)
q) Neighborhood Center Plan (Waived)
r) Lighting Plan
s) Affordable Housing
t) Miscellaneous (Waived)
5. Appendices
A. Design Report – Water and Sewer System
B. Design Report – Stormwater Management
C. NRCS Soils Report
D. Service Provision Response Letters
E. Traffic Impact Study Waiver
F. Landscape Plan
G. Waiver of Right to Protest SIDs
H. Exempt Well Letter
I. Easement Documents
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Affordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application file number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Valley West Square Subidivision
Preliminary Plat
Preliminary Plat consisting of 5 commercial lots and 1 lot intended
to serve as parking area and public access.
E. of Cottonwood Road W. of Stafford Ave, N. of Babcock Street
59718
B-1
2.66 AC or 115,749 SF
Mixed
5 Commerical Buildings
0
Varies
1-3 (TBD)
101
N
N
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
final plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS
Kardar, LLC
2001 Stadium Drive, Bozeman, MT 59715
(406) 556-7704
craig.danenhauer@bhhsmt.com
Same as Owner
C&H Engineering and Surveying, Inc.
1091 Stoneridge Drive, Bozeman, MT 59718
(406) 587-1115
lstein@chengineers.com
Additional Subdivision Preliminary Plat Supplements Page 1 οf 4
Additional Subdivision Preliminary Plat Supplements
Valley West Square Subdivision
1. Surface Water (Waived)
No surface water exists on or immediately adjacent to this subdivision.
2. Floodplains (Waived)
There are no designated floodplains on or immediately adjacent to this site. 3. Groundwater
According to the well data logs for wells within the vicinity of the project, the static
groundwater level is reported at 6 feet bgs. Groundwater degradation will be minimized through a series of underground infiltration chambers. Stormwater facilities will be designed to establish the required stormwater storage volume above the seasonal high groundwater level.
These chambers will capture runoff from the parking areas and other hardscape features within
the subdivision. Stormwater will then infiltrate and recharge the groundwater within the area.
4. Geology, Soils and Slope (Waived)
No unusual geological features are present on the subdivision site. A NRCS Soil Survey Map
and soil descriptions have been included in Appendix C of this submittal. The soil series are as
follows:
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
457A Turner loam, moderately wet, 0
to 2 percent slopes
4.5 94.3%
509B Enbar loam, 0 to 4 percent
slopes
0.3 5.7%
Totals for Area of Interest 4.8 100.0%
5. Vegetation (Waived)
No critical vegetation species exist on the property. The property is currently vacant land that is occupied by native grasses.
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 main for the hydrant will connect to the existing
water main in Stafford Avenue. 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” mains in
Cottonwood Road, Babcock Street, and Stafford Avenue. 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 a proposed
detention pond, then underground via storm drain piping to underground stormwater detention
chambers in the Private Common Open Space A. Please see the Stormwater Design Report in Appendix B for more information.
12. Streets, Roads, and Alleys
The proposed Valley West Square Subdivision has legal access onto Cottonwood Road and Stafford Avenue. There are no proposed roads or alleys within this subdivision. The internal
parking lot will be privately owned and maintained through the HOA. Due to the small scale of
the project, The City of Bozeman has waived the requirement for a Traffic Impact Study. This
waiver is included in Appendix E of this submittal.
Per the recommendation of a geotechnical engineer, the pavement design section for the
Additional Subdivision Preliminary Plat Supplements Page 3 οf 4
Valley West Square Subdivision is 3” asphalt surface course over 6” of 1-1/2” minus crushed
gravel base course over 18” of 6” minus pit run sub-base course. This section will be checked
per the AASHTO Guide for Design of Pavement Structures during the construction design
development.
Parking lot maintenance will be provided by the Homeowner’s Association. 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 (Waived)
All private utilities currently exist on this lot.
14. Educational Facilities (Waived)
No additional impacts on the school system are anticipated with this subdivision.
15. Land Use
Valley West Square Subdivision is proposed as a 6-lot commercial subdivision within the B-1
zoning district. The subdivision includes 5 lots intended for commercial buildings. The one
Private Common Open Space parcel is intended to provide shared parking for the 5
commercial lots.
16. Parks and Recreation Facilities (Waived)
No parks or recreation facilities are required with this subdivision.
17. Neighborhood Center Plan (Waived) No neighborhood center plan is required with this subdivision.
18. Lighting Plan
No lights are proposed within the subdivision. Street lights currently exist at the intersections
of Cottonwood Road/Babcock Street, Stafford Avenue/Babcock Street, and Stafford
Avenue/Alexander Street. A lighting plan for building lights has been provided in Appendix H.
19. Affordable Housing No affordable housing is required with this subdivision because no residential use is proposed.
20. Miscellaneous (Waived)
Additional Subdivision Preliminary Plat Supplements Page 4 οf 4
No additional impacts or hazards are anticipated.
Page 1 of 2
Adjoining Property Owners:
VALLEY WEST SUB, S10, T02 S, R05 E, BLOCK 1, ACRES 2.6572, TRACT 3A J-320-A Bozeman, MT
MURRAY, CRAIG
660 S CLARKSON ST DENVER, CO 80209-4322
VALLEY WEST SUB PH 3B, S10, T02 S, R05 E, Lot
1A, Lot 1B, PLAT J-422-A CONTIGUOUS
TIAN, RAYMOND & LILI 98 N COTTONWOOD RD.
BOZEMAN, MT 59718-6675
VALLEY WEST SUB PH 3B, S10, T02 S, R05 E, Lot 1C, PLAT J-422-A
NOT CONTIGUOUS
GASTON, JOSEPH E & MARCY
102 N COTTONWOOD RD BOZEMAN, MT 59718-6663
VALLEY WEST SUB PH 3B, S10, T02 S, R05 E, Lot
1D, PLAT J-422-A NOT CONTIGUOUS
DEFRANCE, DARYL & ANNE PO BOX 592
PONY, MT 59747-0592
VALLEY WEST SUB PH 3B, S10, T02 S, R05 E, Lot 2, PLUS OPEN SPACE PLAT J-422
NOT CONTIGUOUS
ENTERPRISE INVESTMENTS LLC
PO BOX 2310 RED LODGE, MT 59068-2310
VALLEY WEST SUB PH 3D, S10, T02 S, R05 E, Lot
3, PLUS OPEN SPACE PLAT J-422 NOT CONTIGUOUS
FAUS, CARA 87 STAFFORD AVE
BOZEMAN, MT 59718-6484
VALLEY WEST SUB PH 3D, S10, T02 S, R05 E, Lot 4, PLUS OPEN SPACE PLAT J-422
NOT CONTIGUOUS
GOTTA, JAY & ELIZABETH
1117 W HIGHLAND ACRES RD BISMARCK, ND 58501-1258
VALLEY WEST SUB PH 3B, S10, T02 S, R05 E, Lot
5, PLUS OPEN SPACE PLAT J-422 NOT CONTIGUOUS
BAUCOM, PETER DAVID & KELLY 137 STAFFORD AVE
BOZEMAN, MT 59718-6705
VALLEY WEST SUB PH 3B, S10, T02 S, R05 E, Lot 6, PLUS OPEN SPACE PLAT J-422
NOT CONTIGUOUS
HALVERSON, JAMES & ELIZABETH
5944 SAM SNEAD TRL BILLINGS, MT 59106-1019
VALLEY WEST SUB PH 1B, S10, T02 S, R05 E, Lot
2, PLAT J-357 PLUS OPEN SPACE NOT CONTIGUOUS
MASSARO, LUKE EDWIN 80 STAFFORD AVE
BOZEMAN, MT 59718-6484
VALLEY WEST SUB PH 1B, S10, T02 S, R05 E, Lot 1, PLAT J-357 PLUS OPEN SPACE
NOT CONTIGUOUS
LOWE, ERIC G & KATHRYN M RE LIV TR
4617 ALEXANDER ST BOZEMAN, MT 59718-1930
VALLEY WEST SUB PH 1B, S10, T02 S, R05 E, Lot
3, PLAT J-357 PLUS OPEN SPACE NOT CONTIGUOUS
BROLING, FRED W & JANET 3012 TESLOW DR.
BOZEMAN, MT 59715-1777
VALLEY WEST SUB PH 1B, S10, T02 S, R05 E, Lot 20, PLAT J-357 PLUS OPEN SPACE
NOT CONTIGUOUS
DUNN, ROBERT L
52 STAFFORD AVE BOZEMAN, MT 59718-6484
VALLEY WEST SUB PH 1B, S10, T02 S, R05 E, Lot
18, PLAT J-357 PLUS OPEN SPACE NOT CONTIGUOUS
BENTLEY, JAMES W & MARY TIMMER PO BOX 10806
BOZEMAN, MT 59719-0806
VALLEY WEST SUB PH 1B, S10, T02 S, R05 E, Lot 19, PLAT J-357 PLUS OPEN SPACE
NOT CONTIGUOUS
BLACKWOOD, SHERI
2505 FAIRWAY DR BOZEMAN, MT 59715-5862
STAFFORD VILLAS SUB, S10, T02 S, R05 E, Lot
35A, PLAT J-378 NOT CONTIGUOUS
ESTES, RONNIE DALE JR & GINA RENEE 26 STAFFORD AVE
BOZEMAN, MT 59718-6484
STAFFORD VILLAS SUB, S10, T02 S, R05 E, Lot 35B, PLAT J-378
NOT CONTIGUOUS
Page 2 of 2
ROLOFF, SAMUEL
20 STAFFORD AVE BOZEMAN, MT 59718-6484
STAFFORD VILLAS SUB, S10, T02 S, R05 E, Lot
36A, PLAT J-335
NOT CONTIGUOUS
BOZEMAN APARTMENT GROUP LLC PO BOX 11890
BOZEMAN, MT 59719-1890
MINOR SUB 365, S10, T02 S, R05 E, Lot 3A, ACRES 19.8627
NOT CONTIGUOUS
2B HOLDINGS LLC
PO BOX 11530
BOZEMAN, MT 59719-1530
MINOR SUB 340B, S10, T02 S, R05 E, Lot 1A,
ACRES 1.7386
NOT CONTIGUOUS
COTTONWOOD CORNERS OWNERS ASSOC
PO BOX 11530 BOZEMAN, MT 59719-1530
MINOR SUB 340B, S10, T02 S, R05 E, ACRES
0.1317, COMMON OPEN SPACE NOT CONTIGUOUS
J & D FAMILY LIMITED PARTNERSHIP 270 AUTOMOTIVE AVE BOZEMAN, MT 59718
J & D FAMILY MAJOR SUB PH 2, S09, T02 S, R05 E, Lot 1, ACRES 4.7, PLAT J-610 NOT CONTIGUOUS
GIANFORTE, GREG RE INTER VI TR 1320 MANLEY RD
BOZEMAN, MT 59715-8779
VALLEY WEST SUB, S09, T02 S, R05 E, BLOCK 3, ACRES 5.01, PLAT J-320
NOT CONTIGUOUS
SPRINGHILL PRESBYTERIAN CHURCH
4769 W BABCOCK ST BOZEMAN, MT 59715-4695
VALLEY WEST SUB, S09, T02 S, R05 E, BLOCK 3,
Lot 2, ACRES 21.57, PLAT J-320
NOT CONTIGUOUS
G:\c&h\17\171293\Master Site Plan\City Adjoiners - Valley West Comercial Corner.doc
Subdivision Preliminary Plat
Valley West Square
Bozeman, Montana
Owner and Developer:
Kardar, LLC
2001 Stadium Drive,
Bozeman, MT 59715
Prepared By:
January 2019
Project: 171293
PP
Preliminary Plat Required Materials PP Page 1 of 2 Revision Date 1-8-19
Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms:
SUBDIVISION PRELIMINARY PLAT 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.
Plan sets that include all required items listed on the subdivision preliminary plat checklist form PP1.
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-ROMs 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 N1 and materials.
STATISTICS
1. Subdivision Type:
First Minor Subdivision from a Tract of Record
First Minor Subdivision from a Tract of Record with variance
Second or Subsequent Minor Subdivision from a Tract of Record
First Major Subdivision
2. Total Number or Lots:
3. Lots by Proposed Uses:
Residential, single household City Park
Residential, multi household Manufactured Home Space
Planned Unit Development Recreational Vehicle Space
Condominium Unit Commercial
Townhouse Industrial
Common Open Space Restricted Development
Other:
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5
Private Open Space1
Preliminary Plat Required Materials PP Page 2 of 2 Revision Date 1-8-19
Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms:
APPLICATION FEE
Base fee $1,935 Minor or $ 3,079 Major
Plus $74 per lot
Plus $6.50 noticing fee per each physically contiguous (touching)
property owner
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
$3,079+($74*6)+($6.50*1)=$3,529.50
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PP1
Preliminary Plat Checklist PP1 Page 1 of 2 Revision Date 1-05-16
Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms:
SUBDIVISON PRELIMINARY PLAT CHECKLIST
GENERAL INFORMATION
The preliminary plat submittal must include the following information. Please refer to Section
38.41.040, BMC for the specific requirements for each item.
1. All information required with the pre-application plan, as outlined in Section 38.41.030
(Subdivision Pre-application Plan), BMC. See checklist PA1.
2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and
blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if
other than for single household.
3. All streets, roads, alleys, avenues, highways, and easements; the width of the right-of-way, grades,
and curvature of each; existing and proposed road and street names; and proposed location of
intersections for any subdivision requiring access to arterial or collector highways.
4. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey.
5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and
curve data indicated outside of the boundary lines. When the plat is bounded by an irregular
shoreline or a body of water, the bearings and distances of a closing meander traverse shall be
given.
6. The approximate location of all section corners or legal subdivision corners of sections pertinent
to the subdivision boundary.
7. If the improvements required are to be completed in phases after the final plat is filed, the
approximate area of each phase shall be shown on the plat.
8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is
between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater.
9. List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision
Preliminary Plat Supplements), BMC during the pre-application process.
10. Request for exemption from Montana Department of Environmental Quality Review as described in
Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC.
11. All appropriate certificates (refer to Chapter 38.06, BMC).
12. All preliminary plat supplements required for all subdivisions:
Preliminary Plat Supplements Required for All Subdivisions
A. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads
B. Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch
sheet
C. A written statement describing any requested subdivision variance(s) and the facts of hardship
upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal
Procedures), BMC. See checklist SVAR
D. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association
E. Encroachment permits or a letter indicating intention to issue a permit where new streets,
easements, rights-of way or driveways intersect State, County, or City highways, streets or roads
F. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is
necessary
Preliminary Plat Checklist PP1 Page 2 of 2 Revision Date 1-05-16
Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms:
G. A draft of such other appropriate certificates
H. Provision for maintenance of all streets (including emergency access), parks, and other required
improvements if not dedicated to the public, or if private
I. Profile sheets for street grades greater than 5 percent
J. If an authorized representative signs on behalf of an owner of record, a copy of the authorization
shall be provided
K. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for
control of noxious weeds
L. A preliminary platting certificate prepared by a Montana title company
13. All preliminary plat supplements not waived at pre-application review by the Development Review
Committee. Please refer to Section 38.41.060, BMC for the specific requirements for each item.
Additional Subdivision Preliminary Plat Supplements Waived
A. Surface water
B. Floodplains
C. Groundwater
D. Geology, soils and slope
E. Vegetation
F. Wildlife
G. Historical features
H. Agriculture
I. Agriculture water user facilities
J. Water and sewer
K. Stormwater management
L. Streets, roads and alleys
M. Utilities
N. Educational facilities
O. Land use
P Parks and recreation facilities
Q. Neighborhood center plan
R. Lighting plan
S. Affordable Housing
T. Miscellaneous
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
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1
RC Submittal - DRAFT: OCTOBER 2018
Prepared For:
Kardar, LLC
Prepared By:
2
DRAFT DESIGN MANUAL
Table of Contents
Name Page
Chapter 1: Purpose 4
Chapter 2: Properties and Projects Subject to Design Manual 5
Chapter 3: Relationship to other Documents 6
3.1 Local Land Use Regulations & Building Codes 6
3.2 The Declaration of Protective Covenants & Bylaws for Valley West
Square 6
Chapter 4: Architectural Review Committee 7
4.1 Function 7
4.2 Membership 7
4.3 Scope of Responsibilities 7
4.4 Enforcing Powers 7
4.5 Inspection Access 7
4.6 Limitation of Responsibilities
Chapter 5: Design Review Process 8
5.1 Informal Advice 9
5.2 Form A: Sketch Design Review 10
5.3 Form B: Construction Design Review 11
5.4 Site Plan Review & Building Permits 13
5.5 Inspections 13
5.6 Timing of Construction 14
5.7 Liability 14
Chapter 6: Design Guidelines 16
6.1 Site 16
(a) Intent 16
(b) Fences & Screens 16
(c) Sidewalks 16
6.2 Architecture 17
(a) Character 17
(b) Massing & Articulation 17
(c) Walls & Façades 17
(d) Fenestration 17
(e) Entrance & Doors 17
(f) Roofs 17
3
(g) Lighting 18
(h) Specialty Features 18
(i) Signage 18
(j) Prohibited Building Type 18
(k) Lot Specific Information 18
6.3 Parking 19
6.4 Landscape 20
(a) Street Trees & Boulevards 20
(b) Vegetation and Solar Gain 20
(c) Hardscape 20
(d) Irrigation 20
(e) Maintenance and Weed Control 20
(f) Vegetation Removal 20
(g) Lot Specific Information 20
6.5 Pedestrian & Common Spaces 21
(a) Paving Materials 21
(b) Furniture and Amenities 22
6.6 Service Areas & Mechanical Equipment 22
(a) Location 22
(b) Screening 22
(c) Dumpsters 22
Chapter 7: Amendments 23
Chapter 8: Definitions 23
EXHIBITS & APPENDICES
Exhibit 1: Legal Description 24
Exhibit 2: Lot Diagrams 25
Appendix A: Planting List 26
Appendix B: Site Amenities 31
Appendix C: Shared Use Agreement – Stormwater 32
Appendix D: Stormwater Management Plan 33
Appendix E: Forms 34
Appendix F: Pre-occupancy Checklist 37
4
Chapter 1: Purpose
These Design Regulations are intended to allow for a cohesive design and character within Valley
West Square, establish minimum requirements and contribute to the surrounding neighborhood
and Valley West PUD. Rather than dictate specific design styles, these regulations are provided to
assist architects and property owners in designing contemporary commercial buildings that are
compatible and have clear order and comprehensive composition. The rules and restrictions
contained within this document are intended for the protection and enjoyment of all business
owners and customers, as well as adjacent residents and visitors.
Diversity of compatible architectural design is encouraged. Each project will be judged on design
merit and not simply be a copy of another building. A given design of building already existing in
Valley West Square does not guarantee that it will necessarily be approved for construction again.
Exceptions to these Design Regulations may be granted only based on design merit as determined
by the Architectural Review Committee (ARC) and outlined in Section 6.4. As a part of the Valley
West Planned Unit Development (PUD), all property owners in the Valley West Square Subdivision
are also bound to that review process as well.
The ARC is not authorized to grant any exceptions to City of Bozeman requirements beyond what
has been approved in the PUD. It is the responsibility of the property owner to ensure that all
proposed construction shall comply with all laws, rules, and regulations including, but not limited to
the current Bozeman Unified Development Code (UDC) and the International Building Code as well
as other applicable plumbing, electric, or building codes.
5
Chapter 2: Properties and Projects Subject to Design Manual
These Design Regulations shall apply to the entire subdivision, and all development placed or
erected thereon, unless otherwise specifically excepted herein. Every owner of a real estate interest
within Valley West Square shall be required to comply with these Design Regulations.
No commercial building, wall, parking lot, or other structure shall be made, constructed, 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, location and landscaping
have been submitted and approved, in writing, by the ARC, as well as appropriate Valley West PUD
Review and City of Bozeman review, permitting and fee payments.
All plans submitted to the City of Bozeman Department of Community Development or Building
Division for permitting shall be approved in advance by the ARC
It is the responsibility of the property owner to ensure that he/she has the most recent copy of the
Design Regulations for Valley West Square. An application shall be processed consistent with the
Designs Regulations that are in effect thirty (30) days prior to ARC receipt of a complete Form A
submittal as outlined in the Design Regulations.
6
Chapter 3: Relationship to other Documents
3.1 Local Land Use Regulations & Building Codes
All current zoning, land use regulations and all other laws, rules and regulations of any government
or agency under whose jurisdiction the land lies are considered part of these Design Regulations by
reference and enforceable hereunder; and all owners of said lands shall be bound by such laws,
rules and regulations. The Bozeman Unified Development Code (UDC) is found in Chapter 38 of
the Bozeman Municipal Code, which can be found online at www.bozeman.net. Additionally, Valley
West Square is a part of the Valley West Planned Unit Development (“PUD") and is subject to the
regulations outlined therein.
The Valley West Square Design Regulations may differ and in fact, may be more
comprehensive or more restrictive than the Bozeman Unified Development Code.
In the event there is a conflict between the Design Regulations and any City land use regulations,
the most restrictive provision shall control.
3.2 The Declaration of Protective Covenants and Bylaws for The Valley West Square
Subdivision
All Lots in The Valley West Square Subdivision are also subject to The Declaration of Protective
Covenants for The Valley West Square Subdivision (“Declaration”), which are on file at the Gallatin
County Clerk & Recorder’s Office, and Bylaws.
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Chapter 4: Architectural Review Committee
A Panel is hereby established known as Valley West Square Architectural Review Committee
(“ARC”).
4.1 Function
The function and purpose of the ARC is to review applications, plans, specifications, materials and
samples to determine if a proposed project conforms to these Design Regulations. To that end, no
structure shall be erected, constructed or altered until municipal, Valley West PUD and ARC and
any other required approvals have been obtained and review processes completed.
4.2 Membership
The ARC shall consist of a Design Liaison (from the Board of Directors), an at-large member of the
Property Owner’s Association appointed by the Board of Directors and an architect. The ARC may
also engage other professional services or other advisors in the review process at the ARC’s sole
discretion.
4.3 Scope of Responsibilities
The ARC has the right to exercise control over all improvements in the Valley West Square
Subdivision. The architect member of the committee shall conduct all design reviews (Forms A, B,
C and all inspections in consultation with the other members of the ARC).
4.4 Enforcing Powers
Should a violation occur, the ARC has the right to injunctive relief, which requires the owner to stop,
remove, and/or alter any improvements in a manner that complies with the standards established
by the ARC. Approval by the ARC does not relieve an owner of his/her obligation to obtain any
government approvals. If such approvals are required and are not obtained by the owner, the ARC
and/or the applicable government agency may take whatever actions are necessary against the
owner to enforce compliance. The ARC has the right to interpret and enforce the Design
Regulations.
4.5 Inspection Access
The ARC reserves the right to access the project property to complete necessary
inspections/observation at any time during the construction process until occupancy or until final
inspection has been completed, whichever is later.
4.6 Limitation of Responsibilities
The primary goal of the ARC is to review the submitted applications, plans, specifications,
materials, and samples to then determine if the proposed site and building exterior substantially
conforms to these Design Regulations at the sole discretion of the ARC. The ARC does not assume
responsibility for the following:
· The structural adequacy, capacity, or safety features of the proposed structure or
improvement.
· Soil erosion, ground water levels, site drainage, non-compatible or unstable soil conditions.
· Compliance with any or all building codes, safety requirements, and governmental laws,
regulation or ordinances.
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Chapter 5: Design Review Process
All development plans shall be reviewed and approved with the procedures established by the
ARC. Applicants shall submit the required documents for each step of the process for each design
review to the following:
Valley West Square Subdivision Architectural Review Committee (ARC)
c/o Intrinsik Architecture, Inc.
111 North Tracy Avenue
Bozeman, Montana 59715
designreview@intrinsikarchitecture.com
Submittals must be clearly labeled with specific project title and address. All forms must be legible
and complete. Forms A/B/C are available at the end of this document.
Upon ARC review, the owner will be notified within fifteen (15) business days of a complete
submittal that the design has been approved, approved with stipulations or disapproved. The
reasons for approval with stipulation and disapproval will be clarified for the owner in writing and/or
with drawings. If an application has been denied, or the approval is subject to conditions that the
owner feels are unacceptable, the owner may request a hearing before the ARC to justify his/her
position at the applicant/owner’s cost. The ARC will consider the arguments and facts presented by
the owner and notify the owner of its decision within fifteen (15) business days.
Incomplete applications may result in notification to the owner of deficiencies or may be returned
without notice of deficiencies. In either event, the application may be subject to additional
processing or a re-submittal fee.
An application for withdrawal may be made without prejudice, provided the request for withdrawal is
made in writing to the ARC. Application fees are non-refundable.
All variance requests pertaining to the ARC approvals must be made in writing to the ARC. Any
variance granted shall be considered unique and will not set any precedent for future decisions.
Variance requests are subject to Section 6.
Fees may be increased on an annual basis as recommended by the ARC and approved by the
Board of Directors.
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5.1 Informal Advice
Prior to beginning the design process, it is recommended that lot owners and
their designers should review the documentation thoroughly.
If there is any question or confusion, applicants are encouraged to contact the ARC
to verify their interpretation of these codes.
An owner or representative may request a meeting with the ARC to discuss
preliminary plans prior to a full Form A (Sketch Design Review) submittal.
Fee: TBD
Required
Documents
Required Submittal
Materials (2 paper copies
+ 1 digital PDF copy)
Schematic Drawing Checklist
None Conceptual plans
appropriate for
informal
discussion
N/A
*Note: Informal (all) meetings and/or reviews requested by the owner
are subject to hourly fees (Approximately $120/hour) in addition to other
standard Design Review fees.
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5.2 Form A: Sketch Design Review
This review checks the designs for general interpretations of the overall Design Regulations. Form
A includes a statement of Acknowledgement. It is expected that the Lot Owner and/or General
Contractor will take all necessary steps to ensure their employees, subcontractors, agents,
suppliers, and others involved in the development of the lot are familiar with and agree to abide by
the covenants, Design Regulations, and approved plans.
Note that Form A review must be completed before Form B review can begin. If a Form B
application is not submitted within three months of Form A review (based on the date of the
approval letter from the ARC) or if the project design changes considerably (as determined by the
ARC), a new full Form A submittal will be required.
Fee* Required
Documents
Required Drawings
(1 scale hard copy;
1 digital copy in
PDF format)
Schematic Drawing Checklist
$450
Form A
(must be signed)
Site Plan
(1/16” or 1/8” scale)
North arrow;
Property lines;
Setbacks;
Easements;
Sidewalks;
Building Footprints;
Porches, stairs, eaves (as dashed
lines), etc.
Landscape Plan
(1/16” or 1/8” scale)
Schematic site landscaping;
Boulevard landscaping
Floor Plans
(1/8” scale or larger)
Room uses labeled;
Windows & doors;
Overhangs;
Dimensions;
Gross square footage for
residence & garage
Elevations
(1/8” scale or larger)
Porches;
Balconies;
Doors;
Windows;
Materials specified;
Overall height (from average
grade);
Roof pitches
Roof Plan
*Notes:
1) Additional meetings and/or reviews requested by the owner and as determined by the ARC to be
above and beyond the standard review process are subject to hourly fees in addition to the Design
Review fee and must be paid prior to issuance of approval.
2) Incomplete applications may be returned and are subject to a $150 refiling fee.
3) Half sized scalable drawings are permitted. Digital files (individually) must be 8 MB or less.
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5.3 Form B: Construction Design Review
This process is to review the construction documents for compliance with these Design Regulations
and to verify that the previous CCDC recommendations have been addressed. Conformity to
applicable local regulations and building codes, as well as obtaining appropriate permits is the
responsibility of the owner’s architect and/or builder.
Note again that Form A review must be completed before Form B review can begin. If a Form B
application is not submitted within three months of Form A review (based on the date of the letter
from the CCDC) or if the project design changes considerably (as determined by the CCDC), a new
full Form A submittal will be required.
If any construction begins prior to Form B being completed and/or formal approval, a $3,000 penalty
fee may apply.
Fee* Required
Documents
Required Drawings
(1 scale hard copy
plus digital copy in
PDF format)
Drawing Checklist
$900
Form B
(must be
signed)
Site Plan
(1/16” or 1/8” scale)
All dimensions must be
noted.
North arrow; Property lines;
Setbacks; Easements;
Sidewalk & street location;
Dimensions; Materials for walks & drives;
Building footprints; Porches, stairs,
eaves/overhangs (as dashed lines); Grading
plan; Location and screening of equipment
and meters;
Limits of construction activity
Landscape Plan
(1/16” or 1/8” scale)
Site landscaping &
Screening, pedestrian/commercial open
space
Floor Plans
(1/8” scale or larger)
All dimensions must be
noted.
Building uses labeled;
Windows & doors;
Overhangs;
Dimensions;
Gross square footage
Elevations
(1/4” scale or larger)
All dimensions must be
noted.
Porches; Balconies; Doors; Windows;
Materials specified;
Overall height (from average grade); Roof
pitches; Lights and light fixture details &
specifications
Color Rendering Color rendering of the front elevation and
color chips
Material Samples Other as requested by ARC
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*Notes:
1) Form B Fees include three inspections outlined in Section 5.6 below.
2) Additional meetings and/or reviews requested by the owner and as determined by the CCDC to
be above and beyond the standard review process are subject to hourly fees in addition to the
Design Review Fee and must be paid prior to issuance of approval.
2) Incomplete applications may be returned and are subject to a $150 refiling fee.
3) Half sized scalable drawings are permitted. Digital files (individually) must be 8 MB or less.
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5.4 Site Plan Review and Building Permits:
All projects will be required to go through the Site Plan Review process with the City of Bozeman
and all construction projects require a building permit, issued by the City of Bozeman, in addition to
the consent of the ARC.
Prior to any plans being submitted to the City of Bozeman for Review or Permits, the plans must be
approved by the ARC and be approved by the Valley West PUD design review process.
Construction may not commence without the approval of the City of Bozeman, necessary permits
have been obtained and fees collected.
Approval by the ARC does not guarantee approval by the City of Bozeman.
5.5 Inspections
Inspections are required to ensure that construction proceeds in compliance with these covenants
and regulations and the approved drawings. An inspection is required during each of three stages
of construction: framing, siding, and landscaping. The required inspection fees are included in the
Design Review Application Fees.
The inspections will take place generally at three points in time corresponding to when framing is
nearing completion, when siding has started and when the landscaping has been completed.
These inspections may occur at any time and may include multiple visits.
The ARC reserves the right to enter the property and inspect the exterior of the project for
compliance during any stage of construction. The ARC is empowered to enforce its policy as set
forth in the Design Regulations, in law or equity, to ensure compliance.
The inspections shall determine compliance with the design regulations, covenants and approved
plans. If the ARC finds the improvements were not completed according to these documents, the
ARC shall notify the owner of the property following the inspection. The owner shall have ten (10)
business days from the noncompliance notification to submit a work plan delineating the time frame
when the noncompliance will be remedied. The ARC may allow up to forty-five (45) days for the
noncompliance to be remedied if the submitted work plan provides adequate justification for the
requested time. The owner may also propose to modify the approved plans with an “after-the-fact”
Form C application in accordance with Section 5.4. Considerations will be given based on the
purpose of these design regulations.
If the Form C is not approved, or the noncompliance is not remedied within ten (10) business days
of noncompliance notification and the owner does not provide a work plan within said time, or if the
noncompliance is not remedied within the time frame provided in the work plan as approved by the
ARC, the ARC may, at their discretion, remedy the noncompliance as defined in Section 5.4.
The owner shall reimburse the ARC upon demand for all expenses incurred in connection
therewith.
The owner shall also pay the ARC for any time spent on an inspection that is above and beyond the
average inspection (including multiple phases and buildings, staggered construction). Payment
shall be based on the hourly fees (approximately $100/hour). If the owner does not promptly repay
such expenses, the ARC shall levy an assessment and file a lien against such owner and the
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improvement in question and the land on which the same is situated for reimbursement and the
same shall be enforced and/or foreclosed upon in the manner provided for by law.
No building erected or constructed within Valley West Square may be occupied or otherwise used
for its intended purpose until the exterior of the building, other than painting and landscaping is
complete and an occupancy permit is issued by the City of Bozeman. If the owner allows
occupancy of the building prior to completion of the exterior, other than allowed deferred painting
and landscaping, or fails to timely complete the painting and landscaping by the prescribed date,
the Association shall have the right to seek injunctive relief preventing further occupancy of the
building until completion of the required work.
Upon conclusion of the inspections, Form E (Pre-Occupancy Checklist) will be filed with the Valley
West Square Property Owner’s Association. It is the intent of this form to allow prospective owners,
prior to completing purchase, to verify the project was completed according to the Design
Regulations and approved plans. Additionally, individuals may also verify any outstanding issues or
unpaid fees.
5.6 Timing of Construction
Any structure to be erected within Valley West Square, which may only be commenced upon
receipt of all appropriate approvals, must be erected and completed within one (1) year from the
date of the start of construction. If construction of a structure is not commenced within one year of
the Form B approval date, new approvals must be obtained from the CCDC. If exterior painting
and landscaping, including the installation of any sidewalks, cannot reasonably be completed within
the time allowed for completion of construction, the aRC shall allow such painting and landscaping
to be completed by July 15 of the following year. If any structure is commenced and is not
completed in accordance with the plans and specifications within one year, the Directors of the
Association, at their option, may take such action as may be necessary, in their judgment, to
improve the appearance so as to make the property harmonious with other properties and to
comply with the Covenants, including completion of the exterior of the combination thereof, or
removing the uncompleted structure or similar operations. The amount of any expenditure made in
doing so shall be an obligation of the owner. A lien on the property may be recorded and shall be
enforceable by an action at law. In lieu thereof, the Association may take such action as is available
by law, including an injunction, or action for damages.
Any projects requiring phased construction or construction timelines requiring additional time
beyond one (1) year will be assessed extra fees on a case by case basis and based on potential
extra inspections or other circumstances. The applicant should state the timeline requested for
approval with Form A.
5.7 Liability
In passing upon all such plans and specifications, the ARC shall take into consideration the
suitability of the proposed building and the materials of which it is to be built, the lot upon which it is
to be erected, its harmony with the surroundings and the effect of the building on other structures,
as planned, as viewed from adjacent or neighboring lots. The ARC does not review projects for
building code or municipal code issues. The ARC shall use reasonable judgment in passing upon
all such plans and specifications but shall not be liable to any person for its actions in connection
with submitted plans and specifications, unless it is shown that the committee acted with malice or
wrongful intent.
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Neither the Association, the Declarant, the Directors, the ARC nor the individual members thereof,
may be held liable to any person for any damages for any action taken pursuant to these Design
Regulations, including but not limited to, damages which may result from review, correction,
amendment, changes or rejection of plans and specifications, observations or inspections, the
issuance of approvals, or any delays associated with such action on the part of the Board of
Directors.
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Chapter 6: Design Guidelines
The City of Bozeman approved and adopted changes to Chapter 38 of the Bozeman Municipal
Code (BMC). All development must review and adhere to the current design guidelines outlined in
BMC Chapter 38. These regulations and requirements may be found at www.bozeman.net.
The Valley West Square Subdivision is also part of the overall Planned Unit Development (PUD) for
Valley West. Therefor all design requirements related to the PUD also apply.
In addition to the BMC regulations and Valley West PUD, additional requirements are described in
the following sections. Any photos are included reference only. Note that some provisions of this
Design Manual may be more-or-less restrictive than local land use regulations as part of the overall
Valley West Square Subdivision. See Section 6.4 for allowable variations from these design
guidelines. Please also refer to Exhibit 2 for lot diagrams and specific lot by lot requirements.
6.1 Site & Block Frontage Standards
The following site design guidelines are intended to provide a framework for site layouts within
Valley West Square and meet the site and block frontage standards outlined in the Bozeman
Municipal Code (BMC Sec. 38.510 and 38.520.)
(a) Block Frontages
All buildings in Lots 1-5 of the Subdivision will conform to the “Landscaped Block
Frontage” (BMC Sec 38.510.030. C)
Criteria: The intent of the landscaped block frontage designation emphasizes
landscaped frontages and clear pedestrian connections between buildings and the
sidewalk
Landscape Material permitted: Property owners may select plant materials to meet their
landscape installation requirements and points from a list provided in Appendix A.
(b) Fences & Screens
No fences are allowed
Landscape material such as screen walls are required to meet all setbacks and must be
aesthetically connected to and appear as an extension of a building wall.
(c) Pathway Design
All pathways and circulation of the Subdivision will conform to BMC Sec 38.520.030. C
Any existing sidewalks in the right-of-way or open spaces that are damaged during
construction must be repaired or replaced at the lot owner’s expense.
Crosswalks are required where the pedestrian walkways cross the parking areas of Lot
6 (a common lot for all property owners). Crosswalks must be concrete or other
approved surface.
The pedestrian walkways in Lot 6 will be differentiated from asphalt and drive surfaces.
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Pathways must be separated from structures by at least three feet of landscaping where
buildings exceed 100 feet in length, per the Bozeman Municipal Code. Departures are
permitted for other landscaping and/or façade design treatments to provide attractive
pathways will be considered. Examples include sculptural, mosaic, bas-relief artwork, or
other decorative treatments that meet the intent of the code, see 38.520.040.D.3 of the
BMC for an example.
Bicycle racks are provided throughout the campus. Each lot owner is responsible for the
installation and maintenance of the bicycle racks designated for their lot in the Master
Site Plan. For a list of all site amenities, refer to Appendix B.
6.2 Building
The following building design guidelines are intended to promote both building diversity and
compatibility with the neighborhood business node. All building heights, encroachments, etc. are
governed by the BMC and Valley West PUD. Bozeman regulations in Sec. 38.530.404 of the BMC
should be consulted to ensure adherence to applicable codes and regulations. Note that these
Design Regulations may be more restrictive than the city ordinances including but not limited to the
building requirements listed below.
(a) Building Character
To promote appropriate architectural elements that create a cohesive look and feel to the
Valley West Square Subdivision. A focus is placed on human scaled design details, high-
quality materials and sustainable design measures. The desired building character will
enhance and respond to the site’s unique context and Valley West Square’s design intent.
(b) Massing & Articulation
All facades of the main building shall be made of similar materials and be similarly
detailed. See lot diagrams for additional requirements.
(c) Walls & Facades
A minimum 60% of overall wall composition must me made of masonry unless approved
otherwise for design merit. Façades must have overall comprehensive composition and
address and compliment all adjacent site conditions.
(d) Fenestration Design
Windows and doors must be commercial quality aluminum storefront materials unless
approved otherwise for design merit and must have overall comprehensive composition.
(e) Entrances
All egress points must be articulated and be part of the overall comprehensive
composition.
(f) Roofs
A minimum of 60% of each building roof composition must be flat unless otherwise
approved for design merit.
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(g) Lighting
Common space and common element lighting will be Kim Lighting fixtures, per the
Valley West PUD and will be installed by the developer. Maintenance of common light
elements will fall under the Property Owner’s Association responsibility. Sheet PM 1.0
contains a list of fixtures and locations for common lighting elements.
All exterior building lighting must be dark-sky compliant.
The following lighting is prohibited: obtrusive flood lighting, mercury vapor or high-
pressure sodium lights, metal halide lights, and clear glass or exposed bulb (non-cutoff)
fixtures.
(h) Specialty Features
Buildings featuring food preparation and/or commercial kitchens are required to
incorporate an approved grease interceptor.
(i) Signage
All property owners and businesses will be required to conform to the Bozeman
Municipal Code sign ordinances (38.560), have signage that compliments the building
design and overall project, and receives prior approval before installation.
(j) Prohibited Building Type
Prefabricated, modular, mobile, factory built and/or kit buildings are prohibited.
(k) Lot Specific Information:
General, lot specific regulations are outlined below. Detailed regulations regarding Lot
Coverage, Lot Area, Lot Width, Setbacks, Height, and Use are illustrated in Exhibit 2.
In addition to the general Lot layouts and building configurations, pedestrian plazas are
addressed in Section 6.4, Landscape. Each Lot owner is responsible for achieving all
requirements of their Lot and the intent of the Master Site Plan.
1. Lot 1: The maximum square footage for a building footprint on Lot 1 is 5,000
square feet. Allowable uses for Lot 1 include office and retail. Ground floor office
use requires a Conditional Use Permit. If food service or a commercial kitchen
will be used a grease interceptor is required.
The building on Lot 1 is required to have a tall architectural element in the NW
corner of building. It is also required to have an architectural element of interest
on the south end of the building that addresses and compliments the building on
Lot 2.
2. Lot 2: The maximum square footage for a building footprint on Lot 2 is 5,000
square feet. Allowable uses for Lot 2 include office and retail. Ground floor office
use requires a Conditional Use Permit. If food service or a commercial kitchen
will be used a grease interceptor is required.
The building on Lot 2 is required to an architectural element of interest on the
north and south ends of the building that address and compliment the adjacent
buildings on Lot 1 and 3.
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3. Lot 3: The maximum square footage for a building footprint on Lot 3 is 5,000
square feet. Allowable uses for Lot 3 include office and retail. Ground floor office
use requires a Conditional Use Permit. If food service or a commercial kitchen
will be used a grease interceptor is required.
The building on Lot 3 is required to have a tall architectural element in the SW
corner of building. Lot 3 is located on a high visibility corner, all provisions for
high visibility corners in the Bozeman Municipal Code apply. Lot 3 is also
required to have an architectural element of interest on the north end of the
building that addresses and compliments the building on Lot 2.
4. Lot 4: The maximum square footage for a building footprint on Lot 4 is 5,000
square feet. Allowable uses for Lot 4 include office and retail. Ground floor office
use requires a Conditional Use Permit. If food service or a commercial kitchen
will be used a grease interceptor is required.
The building on Lot 4 is required to have a tall architectural element in the SE
corner of building. Lot 3 is also required to have an architectural element of
interest on the west or north portion of the building that addresses the pedestrian
plaza space and compliments Lot 3.
5. Lot 5: The maximum square footage for a building footprint on Lot 5 is 1,500
square feet. Allowable use for Lot 5 is food or restaurant service, this does not
include convenience uses. A grease receptor must be installed for the building on
Lot 5.
6.3 Parking
Lot 6 of Valley West Square is a common, shared space and supports parking for the other five lots.
The oversight, management and sharing of Lot 6 is detailed in the Declaration of Covenants,
Conditions and Restrictions for Valley West Square. Maintenance of Lot 6 and replacement and
upkeep of all associated elements will fall under the Property Owner’s Association responsibilities.
This includes:
· Parking lot surfacing
· Parking lot landscaping, plant materials, surfacing and related irrigation.
· All internal parking lot painting, striping and traffic regulation measures
· Cross-walk maintenance
· Parking lot lighting
6.4 Landscape
Section 38.550 of the BMC details local regulations with respect to landscaping. The proper use of
plant materials adds to a sense of permanence and consistency for the neighborhood commercial
node and adjacent residential areas while connecting the built and natural environments.
Landscape plans submitted with Form B should outline hardscape elements, and planting areas
with species and quantities listed. Each Owner will be required to meet minimum landscape
specifications related to three general categories: Landscaped frontages, pedestrian-oriented
spaces and site landscaping.
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To enhance pedestrian experience and meet the intent of Valley West Square and meet
City of Bozeman requirements; the landscape plan for the Master Site Plan was
prepared and approved on_____________. Plant material quantities and species
selection must follow this plan. The review authority will consider alternative treatments,
based on design merit and ability to meet the Bozeman Municipal Code requirements.
(a) Street Trees & Boulevards
Individual lot owners shall be responsible for landscaping the boulevard area directly
adjacent to their property prior to occupancy and for the maintenance of the boulevard
area thereafter, unless arranged otherwise.
All boulevard plantings must follow City of Bozeman requirements for street tree
permits. The site is adjacent to a utility easement and overhead wires along
Cottonwood Road. See landscaping plans for approved installation locations and
Appendix A for species selection.
It is the responsibility of the Owner to contact the appropriate utility companies before
digging and installing species.
(b) Vegetation & Solar Gain
Special consideration should be given to areas of sun exposure and shade for the
planting of trees and large shrubs. Landscaping should allow southern exposures
necessary for solar gain in the winter.
(c) Hardscapes
All plazas will consist of concrete walkways or as otherwise approved.
(d) Irrigation Systems & Water Use
Irrigation of common area will be maintained and operated by the Property Owner’s
Association.
(e) Maintenance and Weed control
As further specified in the covenants, all maintenance of landscaping, weed control will
be the responsibility of the Property Owner’s Association.
(f) Vegetation Removal
No landscaping in the right-of-way, parks, open spaces and common areas may be
removed without prior permission from the ARC.
(g) Lot Specific Information:
Lot specific landscaping requirements and locations are listed below. In order to meet
the intent of the Master Site Plan and required landscape points for Valley West Square
as a whole, each lot has been assigned a portion of the landscaping materials. For an
illustrative site layout and full landscape details, please see Sheet L 0.0, the site
landscape plan. A species list is also included in Appendix A. Each Lot owner is
responsible for achieving all requirements of their Lot and the intent of the Master Site
Plan.
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Table 1: Tree and Landscape Material Requirements by Lot
LOT YARD COLUMN A COLUMN B TOTAL PLANTS
1 West 4 Small Ornamental
Trees
1 Large Canopy
Tree
18 Shrubs 9 trees
24 shrubs
South 2 Large Canopy
Trees
2 Ornamental Trees
6 Shrubs
2 West 4 Small Ornamental
Trees
1 Large Canopy
Tree
18 Shrubs 9 trees
24 Shrubs
South 2 Large Canopy
Trees
2 Ornamental Trees
6 Shrubs
3 West 4 Small Ornamental
Trees
1 Large Canopy
Tree
2 Ornamental Trees
6 Shrubs
11 trees
12 shrubs
South 2 Large Canopy
Trees
2 Ornamental Trees
6 Shrubs
4 West 2 Large Canopy
Trees
4 Ornamental Trees 10 Trees
18 Shrubs
South 2 Small Ornamental
Trees
2 Large Canopy
Trees
18 Shrubs
5 West 2 Small Ornamental
Trees
2 Large Canopy
Trees
12 Shrubs 9 Trees
30 Shrubs
North 2 Small Ornamental
Trees
3 Large Non-
Canopy Trees
18 Shrubs
6.5 Pedestrian Oriented and Commercial Open Space
To create usable and vibrant outdoor spaces for employees and visitors, Valley West Square
Subdivision will adhere to the design criteria outlined in Sec 38.520.060.D for pedestrian oriented
open space. This section applies to all plazas and shared spaces in Valley West Square
Subdivision, see sheet L 0.0 for approximate locations of amenities and Appendix B for images of
site amenities.
(a) Paving Materials: Plazas and circulation will be poured concrete. Lot owners may
request to use other paving elements that must be approved by the ARC, meet the intent
of the Master Site Plan and create a cohesive transition between common space and
plaza areas.
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(b) Furniture and Amenities: All site amenities will be installed and maintained by the
property owner’s association. For specific locations please see master site plan
drawings. These amenities are intended to serve the subdivision and create site
cohesion.
8 Park Vue benches by landscape forms
3 FGP Litter receptacles by landscape forms
8 Bikerib 2.0 bicycle racks
6.6 Service Areas and Mechanical Equipment
To reduce visual impact of mechanical and utility needs, as well as maintain accessible service
areas, the requirements of BMC Sec. 38.520.070 apply to all service areas, dumpsters, electrical
panels and mechanical equipment associated with buildings and activities at the Subdivision. In
addition to these requirements, the Subdivision shall adhere to the following stipulations:
(a) Location: Electrical panels, service areas and mechanical equipment shall not be
located adjacent to Cottonwood Road or Babcock Street facing building facades. All
required screening mechanisms shall be detailed on site plans and development
applications. When possible, these areas should be located within landscaped areas and
away from pedestrian access routes.
(b) Screening Materials: Plant materials used for screening must be chosen from the
planting palette approved for the Valley West Square Subdivision. Substitutions may be
granted based on design merit and cohesion with other landscape materials.
(c) Dumpster enclosures: Enclosures are sited in the parking area and are screened with
landscape material and fence material. The dumpster enclosures also have a horizontal
trellis component for screening the top of the trash enclosure, see sheet C 3.0 for full
details. They are considered common elements and will be maintained through the
property owner’s association. No other dumpster or trash receptacles are allowed.
23
Chapter 7: Amendments
Amendments to Design Manual may only be made as set forth in the Declaration.
A submittal shall be processed consistent with the Design Manual in effect 30 days prior to ARC
receipt of a complete Form A submittal.
No improvements that were constructed and approved in accordance with the Design Manual shall
be required to be changed because such standards are thereafter amended.
Chapter 8: Definitions
The words and terms used in this document shall have their customary dictionary definitions unless
otherwise specifically defined within the Declaration or this Design Manual.
24
Exhibit 1:
The Valley West Square Subdivision, Legal Description
Lot 3A, Amended plat of the remainder of tract 3, Block 1, Valley West Subdivision
[J-320-A]
Located in NW ¼ of section 10, T.2 S., R. 5E. of P.M.M., City of Bozeman, Gallatin County,
Montana (placeholder, replace with new subdivision legal)
25
Exhibit 2: The Valley West Square Subdivision Lot Diagrams
The following lot exhibits describe building envelopes, setbacks, and required site elements.
26
Appendix A: Planting List
Listed below are the acceptable plant species for Valley West Square. Lot owners are responsible
for achieving the landscape points allocated to their lot on the landscape plan and as detailed in
section 6.4 of the design regulations. The tables below detail which species may be selected for
each category of landscape plant and to achieve a cohesive landscape plan throughout Valley West
Square. Species were chosen for drought tolerance, aesthetics and to achieve the design intent of
the subdivision. All species denoted *** are drought tolerant.
Design Recommendations for Planting Style:
In small rectangular courtyard planters, a ‘monoculture’ planting of low maintenance Ornamental
Grasses or hardy shrubs is preferred. Vigorous shrubs such as Rhus aromatica ‘Gro-lo’, Spirea
befuligolia ‘Tor’ and Juniperous sabina ‘Buffalo’ are especially good shrubs for this application as
they tend to fill in spaces and out compete weeds. They will work well planted with smaller
ornamental trees as they grow lower and provide a good groundcover for the trees.
Large grids of ornamental grasses are also preferred as they only require a Fall/Spring trim and
provide nice impact and screening in Summer-Fall.
Each Lot in Valley West Square shall have street-side perennial and ornamental grass plantings
covering a minimum of 300 square feet per building. These plantings shall be designed with the
required shrub and tree numbers for each lot. Plants should be clustered in groups as opposed to
being scattered singly around building foundations. Bold plantings of similar material and or/ matrix
plantings are encouraged. See photographs (below) for planting styles.
Ornamental grasses and perennials are preferable to thick foundation plantings so as not to cover
windows and obscure sightlines from the street and within the building. Hatches indicating
locations for these plantings are located on the Landscape Plan as a general guideline.
I. Large Trees: Species are noted as canopy and non-canopy to correspond to trees on landscape
plan, and for meeting landscape requirements detailed on the landscape plan.
Large Canopy Trees:
Acceptable for Street tree plantings and parking lot islands
Scientific Name Common Name
Acer freemanii ‘Jeffersred’
Acer platanoides ‘ Helena’
Ulmus Davidiana
Gleditsia triacanthos
Quercus Macrocarpa
Tilia Americana
Ulmus Americana
Acer Platanoides
Ulmus Americana ‘brandon’
Autumn Blaze Maple***
Helena Maple ***
Accolade elm ***
Honey Locust ***
Bur Oak ***
American Linden ‘Dropmore’ ***
American Elm ***
Norway Maple ***
Brandon Elm ***
27
Large Non-Canopy Trees:
Scientific Name Common Name
Acer tartaricum
Betula papyrifera
Betula platyphylla
Sorbus decora
Prunus ussuriensis
Prunus virginiana
Prunus Mackii
Tilia Cordata
Tartarian Maple ***
Paper Birch ***
Asian White Birch ‘Dakota pinnacle’***
Showy Mountain Ash***
Ussarian Pear***
Chokecherry ***
Amur Chokecherry ***
Littleaf Linden ‘Greenspire’ ***
II. Small Ornamental Trees – For siting near buildings and planters. The small ornamental trees
are ideally multi-stemmed and well branched, these plants are suitable in small planter strips, in
planted beds near buildings and in courtyard spaces. It is encouraged that small ornamental trees
are grouped together, see landscape plan for notes and quantities required.
Small Ornamental Trees:
Scientific Name Common Name
Acer Ginnala
Maackia amurensis
Sorbus spp
Syringa reticulata
Amelanchier x alnifolia ‘Autumn
brilliance’
Prunus padus var. commutate
Amur Maple ***
Amur Maackia ‘summertime’ ***
Hawthorn ‘snowbird’ ‘toba’, ‘Thornless cockspur’ ***
Japanese tree lilac ***
Serviceberry ***
Mayday Tree ***
III. Shrubs, perennials and grasses – for use in planters, planting strips and landscape beds
Shrubs:
Scientific Name Common Name
Amelanchier alnifolia
Caragana aborescens
Caragana pygmaea
Rhus aromatica
Aronia melanocarpa
Berberis repans
Cotoneaster apiculatus
Berberis thunberfii
Euonymous elatus
Lonicera involucrate
Spirea betulifolia
Spirea Fritschiana
Serviceberr
Peashrub Siberian
Pygmy Peashrub
Sumac ‘grow low’
Iroqois Beauty
Oregon Grape
Cranberry Cotoneaster
Barberry ‘crimson pygmy’
Dwarf Burning bush
Twinberry honeysuckle
Birchleaf spirea ‘Tor’
Fritsch spirea
28
Spirea x bumalda
Prunus besseyi
Ribes alpinum
Syringa patula
Viburnum trilobum
Cornus alba
Spirea ‘Froebel’
Sandcherry ‘Pawnee butte’
Alpine currant ‘greenmoung’
Dwarf Lilac ‘Ms. Kim’
Dwarf American Cranberrybush ‘Bailey compact’
Dogwood ‘ Ivory Halo’ ‘ Elegantissima’
Evergreen Shrubs:
Scientific Name Common Name
Juniperus Sabina
Juniperus scopulorum
Picea abies
Picea pungens
Pinus mugo
Taxus x media
Savin juniper ‘broadmoor’ ‘buffalo’
Rocky mountain juniper
Dwarf spruce – ‘little gem’ ‘birds nest’
Dwarf Blue Spruce ‘Globosa’
Mugo Pine ‘Tannenbaum’ ‘Valley Cushion’ ‘Slow mound’
Spreading Yew ‘Taunton’***
Ornamental Grasses
Scientific Name Common Name
Calamagrostis x acutiflora
Festuca Glauca
Helectotrichon semperviviens
Panicum virgatum
Sporobulus heterolepsis
Selseria autumnalis
Feather reed grass ‘karl forester’ ‘Avalanche’ ‘El Dorado’ ‘
Blue Fescue ‘Blue select’
Blue oat grass
Switchgrass ‘Northwind’ ‘Shenandoah’
Prairie dropseed
Autumn moor grass
29
Flowering Perennials:
Scientific Name Common Name
Artemisia versicolor
Centranthys ruber ‘coccineus’
Geum triflorum
Nepeta Fasenii
Penstemon strictus
Perovskia atriplicifolia
Salvia x sylvestris ‘snow hill’
Salvia x nermerosa ‘caradonna’,
may night’
Veronica liwensis
Sedum spp
Amsonia hybrid
Aster hybrid
Cerastium tomentosum
Echinacea purpurea
Hemerocallus sp
Heuchera
Iris Siberica
Penstemon spp
Rudbeckia fulgida
Stachys monieri
Veronica spicata
Sage ‘seafoam’
Jupiter’s beard
Prairie smoke
Catmint ‘dropmore’, ‘walkers low’
Rocky Mountain Penstemon
Russian Sage
Snow hill meadow sage
meadow sage
Turkish Veronica
Sedum
Amsonia ‘blue ice’
Aster ‘tiny theo’ ‘woods purple’
snow in summer
Echinacea ‘magnus’ ‘sunrise’ ‘white swan’ ‘vintage wine’
Daylily
coral bells
Siberina Iris
Penstemon
Black Eyed Susan ‘little goldstar’ ‘Goldstrum’
Betony ‘Hummelo’
Veronica
IV. SAMPLE IMAGES
The above images are examples of “bold plantings of similar materials” to achieve large swaths of
color and texture while filling landscape areas.
30
Additional examples of massing and mixing perennials and flowering plants.
Trees mixed with perennial/grasses as ground cover
Low growing, hearty shrub, Rhus aromatica ‘Gro-lo’, as a monoculture shrub installed around a
tree.
31
Appendix B: Site Amenities
Below are images of the site amenities to be installed throughout the Valley West Square
Subdivision campus. See Master Site Plan for locations/lots and quantities.
ITEM MANUFACTURER IMAGE
Litter Receptacle (3) FGP by Landscape
Forms
Benches (8) Park Vue by Landscape
forms
Bicycle Rack (8) BikeRib 2.0
BikeRack.com
32
Appendix C: The Valley West Square Subdivision – Executed Shared Use Agreement for
Stormwater access
DRAFT INCLUDED IN MSP APPLICATION, FINAL SIGNED COPY TO BE INSERTED INTO
DESIGN REGS
33
Appendix D: Stormwater Maintenance Plan
DRAFT INCLUDED IN MSP APPLICATION, FINAL SIGNED COPY TO BE INSERTED INTO
DESIGN REGS
34
Appendix E: Form (A, B, C)
Design Review Panel – Valley West Square
Indicate Form being submitted by checking appropriate box(s):
Form A: Sketch Design Review
Form B: Construction Design Review
Form C: Application for Change(s)
Property Information:
Street Address: ________________________________________________________
Lot __________ Block _________ Phase _________
All design review correspondence will go to primary contact(s).
Indicate primary contact(s) for correspondence by checking appropriate box(s):
Owner Information:
Name: ________________________________________________________________
Mailing Address: _______________________________________________________
Telephone: ___________________________ Email: _______________________
Architect Information:
Name: ________________________________________________________________
Mailing Address: _______________________________________________________
Telephone: ___________________________ Email: _______________________
Builder Information:
Name: ________________________________________________________________
Mailing Address: _______________________________________________________
Telephone: ___________________________ Email: _______________________
Landscape Designer Information:
Name: ________________________________________________________________
Mailing Address: _______________________________________________________
Telephone: ___________________________ Email: _______________________
35
Project Timelines: Please list anticipated completions dates for each phase.
Valley West Square Design Review
Approval:__________________________
City Approval: ______________________
Break Ground:______________________
Foundation: _________________
Framing: _____________________
Siding: _______________________
Landscaping:________________
Variances:
Are any variances from the Valley West Square Design Regulations being requested under this
application?
Yes
No
If yes, please describe and include design merit justification for variance:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
______________________________________________________________________
Request for Changes (Form C):
1. Type of Modification
Proposed Modification
Modification Already Constructed
2. Change Description and reason for change:
(Attach specific drawings of proposed change.)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_________________________________________________________________________
2. Items submitted (please check):
36
Review Fee
Site Plan including grading
Floor Plans
Roof Plan
Elevations including colored front elevation
Sections
Roof plan
Landscape Plan
Digital Copy of Submittal (PDF)
1 Hard/Paper Copy
Samples and Cut Sheets
Acknowledgement Statement:
The Lot Owner acknowledges that he/she has received, read and will abide by the Design Manual
for The Valley West Square Subdivision.
As stated in the both the Covenants and Design Manual, violations will be remedied by The ----
Property Owner’s Association whereupon the Lot Owner will be responsible for the cost of the
remedy.
I (We) ______________________________________________ am/are the owner(s) of record of
Lot ____, Block _____, Phase __________ of The -----. I/We have read these requirements and
understand their implications. Furthermore, I (we) have been given sufficient opportunity to discuss
any questions we may have regarding these requirements with a member of The Design Review
Panel. My (Our) signature(s) below is/are evidence of my/our intent to comply with these
requirements.
Owner Signature: __________________________________ Date: _________
Printed Name:___________________________________________________
Applicant Signature: ________________________________ Date: _________
Printed Name: ___________________________________________________
37
Appendix F: Pre-Occupancy Checklist
Form A:
Date Completed: ______________________________________________________________
Form B:
Date Completed:___________________________________________________________
Issues:___________________________________________________________________
Date Resolved:________________________________________________________________
Form C (if applicable):
Date Completed:__________________________________________________________
Project Description:_________________________________________________________
Form C (if applicable):
Date Completed:___________________________________________________________
Project Description:_________________________________________________________
Inspection 1:
Date Completed:___________________________________________________________
Purpose:________________________________________________________________
Issues:___________________________________________________________________
Date Resolved: ____________________________________________________________
Inspection 1:
Date Completed: _________________________________________________________
Purpose:_________________________________________________________________
Issues:___________________________________________________________________
Date Resolved:____________________________________________________________
Inspection 1:
Date Completed: ________________________________________________________
Purpose:_________________________________________________________________
Issues:__________________________________________________________________
Date Resolved:___________________________________________________________
Final Summary:_______________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Reviewer: ______________________________________ Date:___________________
PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT
Kardar, LLC, a Montana limited liability company, with a mailing address of 2001 Stadium Drive,
Bozeman, Montana 59715, the GRANTOR(S), in consideration of $1.00 and other good and
valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a
Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, P.O.
Box 1230, Bozeman, Montana 59771-1230, GRANTEE, its successors and assigns, a perpetual
easement to lay, construct and maintain stormwater pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting stormwater in, through
and across a strip of land situated in Gallatin County, Montana, 30 feet wide to be located on the
following described real property:
Tract 3A, Amended Plat of the Remainder of Tract 3, Block 1, Valley West Subdivision,
located in the Northeast Quarter of Section 10, T. 2 S., R. 5 E. of P.M.M., City of Bozeman,
Gallatin County, Montana.
The easement is more particularly shown and dimensioned on the attached Exhibit A which by
this reference are made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and
assigns and its and their agents and employees, to enter at all times upon the above-described land
by using existing roads or trails or otherwise by a route causing the least damage and inconvenience
to the GRANTOR(S) in order to survey and establish the route and location of the easement and
the pipeline and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the
pipeline, services, connections, accessories and appurtenances;
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
boundaries of the easement which may, in the opinion of the GRANTEE, interfere or
threaten to interfere with or be hazardous to the construction, operation and maintenance
of the pipeline;
(3) Grade the land subject to this easement and extend the cuts and fills of this grading into
and on the land adjacent to that which is subject to this easement to the extent GRANTEE
may find reasonably necessary; and
(4) Support the pipeline across ravines and water courses with structures which GRANTEE
deems necessary.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said sewer and water pipeline(s), it will
repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any
damages to growing crops, existing fences, ditches and other appurtenances of said land
that may be disturbed by its operation.
(2) That, during operations involving excavation, it will remove the topsoil from the trenched
area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile
said top soil for replacement over the trench. It will remove from the site any large rocks
or surplus excavating material or any debris that may have been exposed by the excavation
and remains after backfilling is completed. And, it will leave the finished surface in
substantially the same condition as existed prior to the beginning of operations except that
the surface of backfilled areas may be mounded sufficiently to prevent the formation of
depressions after final settlement has taken place.
THE GRANTOR(S) AGREES:
(1) At no time will they build, construct, erect or maintain any permanent structure within the
boundaries of said easement without the prior written consent of GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipeline by removal of
existing soil or by placement of fill material within the boundaries of said easement without
the prior written consent of the GRANTEE.
(3) That where the subject improvements are not located under improved public or private
streets or other provided access, a 12 foot wide all-weather access road may be constructed
within the easement where at the City's discretion such access is required for operation and
maintenance purposes.
(4) The GRANTOR(S) warrants that they are lawfully seized and possessed of the real
property described above, that they have a lawful right to convey the property, or any part
of it, and that they will forever defend the title to this property against the claims of all
persons.
(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR(S). The terms, covenants and provisions of
this easement and agreement shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns of the parties hereto.
DATED this ______ day of _____________________, 201 .
KARDAR, LLC, a Montana limited liability company
________________________________
By: _________________, its _______________
STATE OF MONTANA )
):ss
County of Gallatin )
This instrument was signed or acknowledged before me this day of ,
201 , by ________________, as _____________ of KARDAR, LLC, a Montana limited liability
company.
(SEAL)
Notary Public for the State of Montana
Printed Name: ________________________
Residing at
My Commission Expires / /20
ACCEPTED: CITY OF BOZEMAN
By:
Andrea Surratt, City Manager
ATTEST:
_______________________________
Robin Crough, City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of ___________________, 20 , before me, a Notary Public for the State of
Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to be
the City Manager and City Clerk for the City of Bozeman and the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same for and
on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year
first above written.
(SEAL)
Notary Public for the State of Montana
Printed Name: ________________________
Residing at
My Commission Expires / /20
G:\C&H\17\171293\Easements\Public Utility Easement.Docx
1091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768
www.chengineers.com • E-Mail: info@chengineers.com
Civil/Structural Engineering and Surveying
January 28, 2019 Courtney Johnson
City of Bozeman
Planning Department
20 E. Olive Street Bozeman, MT 59718
RE: Response to DRC Comments – Valley West Square Subdivision (#18355 [MSP] &
#18429 [Pre-App])
Dear Ms. Johnson:
This letter is to provide a narrative response to the DRC comments from November 16, 2018 (Pre-
App Plat) and December 10, 2018 (Master Site Plan). Our responses are in bold:
Planning Division, Courtney Johnson, cjohnson@bozeman.net, (406) 528-2289
No comments.
Engineering Division, Griffin Nielsen, gnielsen@bozeman.net, (406) 528-2288
Pre-App Plat Comments:
1. Engineering has review a Master Site Plan application for this development (Application No.
18355). All comments provided with that review must be considered with the proposed
subdivision.
• All Master Site Plan comments have been addressed and a narrative response has been provided below.
2. Engineering does not support the following request for Waivers: a. Groundwater b. Streets, Road, and Alleys
• These waiver request denials have been noted. Information regarding each is included in Section 4 of this submittal.
3. Water and Sewer services should not be taken from mains located in North Cottonwood Road with service can be provided from mains located in Stafford Avenue.
• Water and sewer services are taken from mains located within Stafford Avenue where
applicable.
Civil/Structural Engineering and Surveying
4. The applicant must indicated whether public service will be constructed or finically
guaranteed with a subdivision application.
• All services are to be installed with phase 1. If any services are not installed by final plat, they will be financially guaranteed.
Master Site Plan Comments: 1. The City is planning a street upgrade of Cottonwood Road between Babcock Street and
Durston Road including an upgrade of the intersection of Cottonwood Road and Babcock
Street. The following items of the street upgrades apply to the proposed project:
a. The applicant must coordinate water and sanitary sewer service connections with the City Engineering Division (Bob Murray) design of Cottonwood Road improvements. Pavement cuts in newly constructed asphalt in Cottonwood Road will not be allowed
after the Cottonwood Road improvements. (The applicant has acknowledged this
item, this item will be listed as a condition of master site plan approval 12/7/18
GMN)
• This comment has been addressed and will be a condition of approval for the Master Site Plan.
b. The applicant is responsible for the local cost share of the street improvements including one vehicular travel lane, curb and gutter, and sidewalk adjacent to the
property boundary on Cottonwood Road. If the applicant’s project proceeds prior to
City improvements to Cottonwood Road, the applicant provide an estimate for the
applicant’s share of cash-in-lieu of infrastructure per Bozeman Municipal Code (BMC) 38.270.070 and have this estimate reviewed and approved prior to master site plan approval and must pay the full cash-in-lieu of infrastructure amount prior to site
plan approval. (The estimate provided has been reviewed but no approved, the
applicant must revised the estimate to include all required items for construction of a
local street and adjust unit bid prices to reflect current prices received on City projects. The applicants engineer should work directly with the Engineering Department for complete this item. 12/7/18 GMN)
• The applicant has updated the cost share per the City’s requirements and prices.
c. The applicant is responsible for coordinating the right-in, right-out access onto
Cottonwood Road with the design engineer for Cottonwood Road. (The applicant has
acknowledged this item 12/7/18 GMN)
• This comment has been addressed.
2. The applicant must widen the alley on the northern edge of the property to use the alley as a
two-way access prior to master site plan approval. The 16 foot wide access is not acceptable.
The existing stormwater inlet and utility boxes will likely need to be relocated to accommodate
Civil/Structural Engineering and Surveying
the alley widening. (The applicant has changed the design this comment is no longer relevant,
please see comment No. 4 12/10/18 GMN)
• This comment is no longer relevant.
3. Sidewalk Sidewalk along Babcock must be constructed with the first phase of development.
The master site plan must be updated to include the sidewalk with Phase I. (Addressed as of
12/7/18 GMN)
• This comment has been addressed.
4. The applicant must provide a public access easement from Cottonwood Road to Stafford Avenue. The easement must be provided used the City’s Standard language on be reviewed and approved prior to master site plan approval
• A public access easement has been shown on the preliminary plat. The easement
document is included in Appendix I of this submittal.
5. The applicant must provide a temporary construction easement were required for the
construction of the Cottonwood Road project (CIP Project No. SIF036) at the time required
by the City’s Engineering Department. This will be a condition of master site plan approval.
The applicant should contact the engineering department for further information on this comment.
• Depending on when the Cottonwood Road improvements happen, a temporary
construction easement may not be required. An easement document and exhibit will be prepared if the parking lot is going to be installed prior to the improvements of Cottonwood Road. The applicant acknowledges that this is a condition of master site plan approval.
6. The applicant must include the street visions triangle at the corners of Cottonwood Road and Babcock Street, Stafford Avenue and Babcock Street and at the access onto Stafford Avenue
from the alley on the master site plan prior to approval. (The street vision triangle at the corner
of Cottonwood Road and Babcock Road must extend 50 feet along the curb line according to
the arterial street standards, 12/10/18 GMN)
• This street vision triangle has been updated to extend 50 along the curb line for arterial street standards.
7. The applicant must provide the City standard 10 foot front yard utility easement along Stafford Avenue. The master site plan applicant must be updated to include this easement. The original owner executed easement must be provided using the city’s standard language, please contact
the City Engineering Department (Griffin Nielsen) to obtain a copy of this language. As the
applicant has indicated that all easements will be provided with a forthcoming subdivision, this
requirement may be listed as a conditional of approval for the master site plan. (The applicant intends to complete this item with a subdivision application, as such the item will remain as
Civil/Structural Engineering and Surveying
outstanding until approval of the subdivision application. 12/10/18 GMN)
• The 10’ utility easement has been shown along Stafford Avenue.
8. The applicant must provide the public access easement for the driveway that connects the
alley to Cottonwood Road. The original owner executed easement must be provided using
the city’s standard language, please contact the City Engineering Department (Griffin Nielsen) to obtain a copy of this language. As the applicant has indicated that all easements
will be provided with a forthcoming subdivision, this requirement may be listed as a
conditional of approval for the master site plan. (The applicant intends to complete this item
with a subdivision application, as such the item will remain as outstanding until approval of
the subdivision application. 12/10/18 GMN)
• The public access easement has been shown on the plat. The easement document is
included in Appendix I of this submittal.
9. A water main easement must be provide for the hydrant extension using the City standard language. The original owner executed easement must be provided using the city’s standard
language, please contact the City Engineering Department (Griffin Nielsen) to obtain a copy
of this language. As the applicant has indicated that all easements will be provided with a
forthcoming subdivision, this requirement may be listed as a conditional of approval for the master site plan. (The applicant intends to complete this item with a subdivision application, as such the item will remain as outstanding until approval of the subdivision application.
12/10/18 GMN)
• The water main easement has been shown on the plat. The easement document is included in Appendix I of this submittal.
10. The applicant must execute and file shared parking and drainage path easements prior to
master site plan approval and show corresponding areas on the subdivision application. (The applicant intends to complete this item with a subdivision application, as such the item will remain as outstanding until approval of the subdivision application. 12/10/18 GMN)
• Private Common Open Space A is intended to be a shared parking and drainage path
easement. Additionally, a portion of Lot 5 will have a shared parking and drainage path easement. This easement document and exhibit are included in Appendix I of this submittal.
11. The proposed project may not exceed sanitary sewer flows allocated to the property in the
Valley West Sewer Trunk Main. The applicant must analyze the project flows and compare
the project flows to the sewer flow allocation for the property in the Design Report for Valley
West Sewer Trunk Line (1998) by Morrison-Maierle, Inc. The applicant has indicated that the proposed demand does not exceed the allocated flow, however the applicant must provide the analysis supporting this conclusion for review and approval prior to master site plan approval.
(The analysis must be certified be a professional engineer and must be based on the most
intensive wastewater use for the site. In addition the original Valley West Truck Line Report
Civil/Structural Engineering and Surveying
used a peaking factor of 3.0 not 3.3, the design engineer should reference the section of the
report the values were taken from. 12/10/18 GMN)
• The sanitary sewer flows have been updated to reflect a peaking factor of 3.2. This number comes from page 7 of the Valley West Trunk Line report (between line 6 and 8). Additionally, a sewer tracking mechanism will be utilized with individual site plans
for this project to ensure the allocated flow is not exceeded.
12. The proposed hydrant will require separate plans and specifications to be submitted according to the City Design Standards and Specifications Policy Manual. A water main easement must
be provide for the hydrant extension using the City standard language. The original owner
executed easement must be provided using the city’s standard language, please contact the City
Engineering Department (Griffin Nielsen) to obtain a copy of this language. As the applicant has indicated that all easements will be provided with a forthcoming subdivision, this requirement may be listed as a conditional of approval for the master site plan. (The applicant
has acknowledged this item 12/7/18 GMN)
• Separate construction documents will be submitted and approved prior to installation of the hydrant. The water main easement document is included in Appendix I of this
submittal.
13. No structures (including fences) may be placed with the required water main easement. The landscaping plan must be updated. (This item has been addressed as of 12/7/18 GMN)
• This comment has been addressed.
14. The applicant should demonstrate that grease interceptors can be placed in location to allow
for reasonable maintenance access for all building assumed to be permitted for food
production prior to master site plan approval. (The location of the proposed grease interceptor does not appear to allow for reasonable access as it’s located behind landscaping
and away from an accessible drive aisle. This item remains outstanding as of 12/7/18 GMN)
• The grease interceptor has been moved closer to the drive aisle to allow for reasonable access.
15. Include details on the short and long term maintenance of the underground infiltration system
in the maintenance plan and include this maintenance plan included in the Property Owners Associate Document. (This item has been addressed as of 12/7/18 GMN)
• This comment has been addressed.
16. The applicant must contact the City Engineering Division (Brian Heaston) for an analysis of
CIL of water rights and pay any CIL of water rights due prior to future site plan approvals.
(This will be noted as a condition of approval 12/10/18 GMN
• CILWR will be paid prior to individual site plan approvals and once the building uses
are determined.
Civil/Structural Engineering and Surveying
17. If not already filed for the subject site, 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 North Cottonwood Street including paving, curb/gutter, sidewalk, and storm
drainage b. Street improvements to Babcock Street including paving, curb/gutter, sidewalk, and storm drainage
c. Intersection improvements to North Cottonwood Street and Babcock Street d. Intersection improvements to North Cottonwood Street and Durston Road e. Intersection improvements to North Cottonwood Street and Huffine Lane
f. Intersection improvements to North Ferguson Avenue and Babcock 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 the property, traffic contribution from the development,
or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to
master site plan approval. (The applicant as provide an acceptable draft waiver, the applicant must have the document executed and recorded with the country and provide a copy of the recorded document to the City in order to have this item fully addressed 12/10/18 GMN)
• The applicant is currently in the process of having the document executed and recorded with the county. A copy will be provided to the City once this is complete.
Advisory Comments:
1. The applicant is advised that a grease interceptor, conforming to the latest adopted edition of the Uniform Plumbing Code must be installed with any development responsible for food preparation. The proposed coffee shop will require a grease interceptor. The applicant is also
advised to install grease interceptors for any other buildings that are likely to have food
preparation facilities as it is difficult to retrofit sites for grease interceptors after the site is
constructed. (The applicant has acknowledged this item 12/7/18 GMN)
• This comment has been noted.
2. Plans and specifications for any fire service line must be prepared in accordance with the
City’s Fire Service Line Policy by a Professional Engineer and be provided to and approved
by the City Engineer prior to initiation of construction of the fire service or fire protection
system. The applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings. Fire service plans, and domestic services 4” or larger, shall be a standalone submittal, separate
from the site plan submittals. City of Bozeman applications for service shall be completed by
the applicant. (The applicant has acknowledged this item 12/7/18 GMN)
• This comment has been noted.
1091 Stoneridge Drive • Bozeman, Montana • Phone (406) 587-1115 • Fax (406) 587-9768
www.chengineers.com • E-Mail: info@chengineers.com
Civil/Structural Engineering and Surveying
March 19, 2019
Griffin Nielson
City of Bozeman
Engineering Department
20 E. Olive Street
Bozeman, MT 59718
RE: Response to Preliminary Plat DRC Comments – Valley West Square Subdivision
(#19049)
Dear Mr. Nielson:
This letter is to provide a narrative response to the DRC comments from March 12, 2019. Our
responses are in bold:
Planning Division, Addi Jadin, ajadin@bozeman.net, (406) 582-2280
No comments.
Engineering Division, Griffin Nielsen, gnielsen@bozeman.net, (406) 582-2288
1. Bozeman Unified Development Code Section 38.400.050.A.1:
a. The existing power pole located at the proposed right in right out access onto
Cottonwood must be relocated outside of the street visions triangle in order for the
access to be utilized. The pole must be moved with the first phase of development and
the master site plan must be updated to reflect the relocation.
b. The applicant is responsible for the local cost share of the street improvements
including one vehicular travel lane, curb and gutter, sidewalk adjacent to the property
boundary on Cottonwood Road. A cash-in-lieu of infrastructure payment is required
per Bozeman Municipal Code (BMC) 38.270.070.
A note is included on the master site plan to relocate the existing power pole.
Relocation must be coordinated with NWE.
The applicant is aware of this requirement. The cash-in-lieu of infrastructure will be
paid prior to final plat approval.
2. Bozeman Unified Development Code Section 38.410.060:
a. The shared parking and drainage easements must be provided prior to final plat. If the
easements are to be defined within the property owners association documents the final
plat must contain a noted referencing the document.
These easements will be provided prior to final plat approval.
Civil/Structural Engineering and Surveying
3. Bozeman Unified Development Code Section 38.410.080:
a. A City standard stormwater pipeline easement must be provided for the existing
stormwater main location onsite. The proposed onsite underground system may not
encroach into the easement. The easement must be provided prior to final plat and the
extent shown on the plat.
b. The subdivision is responsible for maintaining the stormwater system. The stormwater
maintenance plan must be incorporated into the property owner’s association (POA)
documents and demonstrate inclusion in the documents prior to final plat approval.
The City standard 30’ utility easement has been shown on the plat for the existing
stormwater line. The City standard easement document and exhibit have been
provided with this submittal and will be filed prior to final plat approval.
The stormwater maintenance will be incorporated into the POA prior to final plat
approval.
4. Bozeman Unified Development Code Section 38.410.130.A:
a. The applicant must pay cash-in-lieu of water rights prior to final PUD approval.
CILWR will be paid prior to final PUD approval.
Conditions of Approval
1. If not already filed, 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 North Cottonwood Road including paving, curb/gutter,
sidewalk, and storm drainage
b. Street improvements to West Babcock Street including paving, curb/gutter,
sidewalk, and storm drainage
c. Intersection improvements to North Cottonwood Road and West Babcock Street.
d. Intersection improvements to North Cottonwood Road and Durston Road
e. Intersection improvements to North Cottonwood Road and Huffine Lane
f. Intersection improvements to Ferguson Avenue and West Babcock 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 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.
The applicant has prepared an acceptable draft of these waivers per the Master Site
Plan review. The document will be executed prior to final plat approval.
2. A 1 foot “No Access” strip shall be place the North Cottonwood Frontage of Lots 1, 2, and 3.
Civil/Structural Engineering and Surveying
A 1’ “No Access” strip has been shown on the preliminary plat along Cottonwood
Road.
3. A 1 foot “No Access” strip shall be placed the West Babcock Frontage of Lots 3, 4, and
Common Open Space A.
A 1’ “No Access” strip has been shown on the preliminary plat along Babcock Street.
If you require any further information, please give me a call at (406) 587-1115.
Sincerely,
Matt Hausauer, P.E.