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04-08-19 City Commission Packet Materials - A3. Amended Plat of the Valley West Square Subdivision Preliminary Plat
Page 1 of 21 19049, Staff Report for the Valley West Square Subdivision Preliminary Plat Dates: Planning Board, April 2, 2019 at 7:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana City Commission, April 8, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse Avenue, Bozeman, Montana Project Description: A Preliminary Major Subdivision application to create 5 commercial lots and 1 lot for parking and public access, located on 2.66 acres at the northeast corner of W. Babcock Street and North Cottonwood Road. The lot is a remainder parcel within the Valley West Square Subdivision and Valley West Square Planned Unit Development (PUD). Project Location: Tract 3A, Block 1, Amended Plat of Valley West Subdivision, located in the northwest one-quarter of Section 10, Township 02 S, Range 05 E, Block 1, Tract 3A, PMM, City of Bozeman, Montana. Recommendation: Approval with conditions Commission Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19049 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: March 27, 2019 Staff Contact: Addi Jadin, Community Development Griffin Nielsen, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues NA Project Summary A Preliminary Major Subdivision application to create 5 commercial lots and 1 lot for parking, public access, and drainage, located on 2.66 acres at the northeast corner of W. Babcock Street and North Cottonwood Road. The project is located within the Valley West Planned Unit Development (PUD) and future buildings are planned to comply with the design requirements. 217 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 2 of 21 The subdivision creates 6 lots to coincide with a recently approved Master Site Plan, application 18355 (see Map Series). The project will coordinate improvements with a Capital Improvement Project (CIP) within the Cottonwood right-of-way planned for this year. Cash-in-lieu of infrastructure will be paid prior to final plat 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. Planning Board reviewed the subdivision preliminary plat application on April 2, 2019 and recommended approval unanimously. No public comment has been received as of the issuance of the staff report. Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval of the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 218 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 3 of 21 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................. 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 1 Alternatives ........................................................................................................................ 2 SECTION 1 - MAP SERIES.............................................................................................................. 4 SECTION 2 – REQUESTED VARIANCES ....................................................................................... 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ..................................................... 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ................................ 11 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................... 12 SECTION 6 - STAFF ANALYSIS and findings ............................................................................. 13 Applicable Subdivision Review Criteria, Section 38.03.040, BMC. ............................. 13 Primary Subdivision Review Criteria, Section 76-3-608 ............................................. 14 Preliminary Plat Supplements ....................................................................................... 16 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND ............................... 20 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................................. 21 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .......................................... 21 FISCAL EFFECTS .......................................................................................................................... 21 ATTACHMENTS ........................................................................................................................... 21 219 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 4 of 21 SECTION 1 - MAP SERIES Zoning Vicinity Map 220 Page 5 of 21 Proposed Plat Layout 221 Page 6 of 21 Proposed Plat Layout with Master Site Plan 222 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 7 of 21 Master Site Plan with Future Cottonwood Road Location 223 Page 8 of 21 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the subdivision. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. The final plat and all associated improvements must be completed consistent with the application as submitted except where required to be changed by the City of Bozeman. 4. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 5. All references on the final plat and within easement documents must be changed from “Common Open Space Lot” to “Common Lot A”. 6. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owner’s association of the common lot proposed to be conveyed to the property owner’s association and all its right, title, and interest in any improvements made to such common lot. 224 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 9 of 21 7. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owner’s association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon property owned by the property owner’s association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 8. Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 9. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 10. The final plat shall contain the following notation on the conditions of approval sheet: “Ownership of all common areas, and responsibility of maintenance thereof and for city assessments levied on the common lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common lot, all vegetative ground cover and irrigation systems. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common areas. At the same time of recording the final plat for the subdivision, the subdivider shall transfer ownership of the common lot to the property owners’ association created by the subdivider. 11. Water and sewer services must be installed prior to final plat. 12. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two-year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 13. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. 14. All clear distances between the City utilities and right of way lines, gutters, trees, and other utilities shall be maintained as specified in the City Design Standards and Specification Policy. 15. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 16. The applicant must add a note to the Conditions sheet of the plat to the effect that maintenance of stormwater infrastructure is the responsibility of the property owner’s association. 17. The applicant must add a note to the Conditions sheet of the plat to the effect that this development falls within a known area of high groundwater. No crawl spaces 225 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 10 of 21 or basements may be constructed such that sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharge onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. 18. The existing power pole located at the proposed right in right out access onto Cottonwood must be relocated outside of the street visions triangle to avoid conflict with the subdivision access. 19. The applicant must add a note to the Conditions sheet of the plat to the effect City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon a third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made on upon the lot. 20. 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. 226 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 11 of 21 21. A 1 foot “No Access” strip shall be placed on the North Cottonwood Road frontage of Lots 1, 2, and 3. 22. A 1 foot “No Access” strip shall be placed on the West Babcock Street frontage of Lots 3, 4, and Common Lot A. 23. The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Lot parcels designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS OR STATE NONE). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number ______________________ (To be filled in when recorded) By: (Subdivider) Date: _____________________________ 24. The applicant must add a note to the Conditions sheet of the plat to the effect that future property owners will be responsible for cash-in-lieu of water rights upon applicable site development. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat. A. Bozeman Unified Development Code Section 38.400.050.A.1: 227 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 12 of 21 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 prior to final plat. B. 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 note referencing the document. C. 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. E. Bozeman Unified Development Code Section 38.22.070.A 7. The applicant must provide the necessary documents to complete transfer of all water rights and ownership of water improvements associated with any exempt well to the property owners association as part of final plat approval. SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The Development Review Committee (DRC) considered the application on February 27, 2019. The DRC found the application adequate for review. The Planning Board conducted a public hearing April 2, 2019 on the subdivision and made a recommendation for approval to the City Commission. Changes to the required timing for payment of cash-in-lieu of water rights have been incorporated at the recommendation of Development Review Committee staff. As indicated in the Master Site Plan approval, cash-in-lieu of water rights payments will be required at the time of applicable site development. Public hearing date for the City Commission is April 8, 2019. The hearing will be held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. 228 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 13 of 21 SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Additional compliance and data necessary to verify compliance with Chapter 38 will be required with Conditions of Approval. Section 4 of this report identifies specific corrections necessary to comply with the municipal code. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on February 1, 2019. The application was found adequate for further review on March 14, 2019. The hearings before the Planning Board and City Commission have been properly noticed as required by the municipal code. Based on the recommendation of the DRC, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to Section 38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the subdivision application by June 10, 2019, unless there is a written extension from the developer, not to exceed one year. 229 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 14 of 21 Public notice for this application was given as described in Appendix C. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. Section 4, items A-D address corrections required to comply with chapter 38, BMC. The conditions ensure that identified regulations are met. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. All public utilities will be located within dedicated street right of way. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards. The applicant has proposed use of a common lot with parking and internal driveway to provide legal and physical access for the subdivision lots. Easements establishing legal and physical access to each parcel must be approved and created prior to or concurrent with the final plat. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated for community commercial mixed use according to the City of Bozeman Community Plan. The area is zoned for commercial development. Property to the north, east, and south has also been or is in the process of being developed for non-agricultural uses. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities No agricultural water user facilities were discovered during review. Currently the subject property is designated as a commercial area according to the City of Bozeman Community Plan; the area is zoned for commercial development, and has begun to develop. 230 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 15 of 21 3) The effect on Local services Water/Sewer – Municipal water and sewer can be provided to this site. Water and sewer mains will be installed prior to final plat approval. An exempt well is located on the site which may be used for irrigation. Streets – Existing street grid will serve the subdivision. Adequate street capacity is available for this project. Existing street lights will serve the subdivision. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. A condition of approval requires that the necessary addresses are provided to enable 911 response to individual buildings. A public utility easement is provided for a hydrant that will be required with subsequent development as identified in the Master Site Plan. Stormwater - The subdivision will construct stormwater control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the stormwater facilities is an obligation of the property owners association. This responsibility is addressed in the covenants proposed with the subdivision and ensured through Conditions 16 and 23 and code correction C in Section 4 of the staff report. Parklands – No parklands are required. 4) The effect on the Natural environment The property is a remainder tract of a large multi-phase development that is nearly built out. The property has no surface waters or wetlands. The project site has high ground water which can flood crawl spaces. Water removed from crawl spaces must go somewhere. Illicit discharges to the sanitary sewer consumes pipe capacity and can overburden the system. Discharge to streets can overburden the surface drainage system. The subdivision includes stormwater controls to offset this concern and conditions of approval to inform future landowners of the high ground water. 5) The effect on Wildlife and wildlife habitat The property is a remainder tract of a large multi-phase development that is nearly built out. The property has no forests, surface waters or wetlands providing animal habitat. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, 231 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 16 of 21 Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on October 10, 2018. With the pre-application plan review application, waivers were requested from the materials required in Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements.” The waiver requests for certain elements of the supplement checklist were granted. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Material waived. No surface water impacts are expected. 38.41.060.A.2 Floodplains Material waived. No floodplain impacts are expected. 38.41.060.A.3 Groundwater Supplemental information was provided showing location of groundwater. Condition of approval 17 notifies future lot owners of high ground water and requirements for construction of crawl spaces and basements. 38.41.060.A.4 Geology, Soils and Slopes Soils appear adequate to carry the burden of infrastructure and commercial development. No steep slopes exist. 38.41.060.A.5 Vegetation Material waived. No major vegetation types or critical plant species are present. 38.41.060.A.6 Wildlife Material waived. No critical wildlife species or habitat are known to be present on this site. 38.41.060.A.7 Historical Features Material waived. There are no identified historical features on the site. 38.41.060.A.8 Agriculture Material waived. The site is a remainder tract within a nearly built-out subdivision. 38.41.060.A.9 Agricultural Water User Facilities No agricultural water user facilities are in the vicinity. 232 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 17 of 21 38.41.060.A.10 Water and Sewer The site will be served with municipal services as discussed under Criteria 3 of the Primary Review Criteria. Additional design details will be provided during the plan and specification review conducted by the Engineering division prior to construction. Cash-in-lieu of water rights will be provided upon future site development per Condition of Approval #24. 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. 38.41.060.A.11 Stormwater Management The application proposes to manage stormwater onsite with underground infiltration chambers in the public access and parking common lot. Review of the proposed methods of treatment appears to comply with adopted standards. Further analysis will occur during the plans and specifications review by the Engineering Division. 38.41.060.A.12 Streets, Roads and Alleys A traffic study was waived based on estimates for peak hour trips for the proposed development. The development will not alter the existing alley directly north of the property off of Stafford Avenue. 38.41.060.A.13 Utilities All private utility easements are shown on the plat in accordance with the Master Site Plan. 38.41.060.A.14 Educational Facilities No residential units are proposed. 38.41.060.A.15 Land Use The subdivision implements a Master Site Plan showing 5 commercial lots and one common lot for parking, vehicular access and drainage. Subsequent site development will require site plan applications. The development is located within a large area designated as community commercial mixed use within the Bozeman Community Plan. Although it is part of this large area that extends down Cottonwood Road to Huffine and east on along Huffine and Main Street, the configuration of the B-1 zoning district in this area coupled with the Valley West PUD design standards and parking relaxation should distinguish this development as a unique, smaller scale development more appropriate for adjacent residential properties. 233 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 18 of 21 Despite the shared parking access and lot, underground stormwater facility, and significant parking relaxation allowed by the PUD, the projected floor area ratio (FAR) for the development as a whole will be 0.34:1. This is less intense than the .5:1 FAR identified in the growth policy as a minimum target for the community commercial mixed use zoning district. A balance must be achieved with the intensity goals and the required site plan elements such as parking, landscaping, pedestrian connections, and open space. 38.41.060.A.16 Parks and Recreation Facilities Material waived. No parkland is required for commercial development. 38.41.060.A.17 Neighborhood Center Plan Material waived. 38.41.060.A.18 Lighting Plan No lights are proposed. Street lights are in place to serve the subdivision. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing No residential uses are proposed. 234 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 19 of 21 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “B-1” (Neighborhood Business District). The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service activities frequently required by neighborhood residents on a day to day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for areas functioning as a center for surrounding residential neighborhoods. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as community commercial mixed use. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 10- 15 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. 235 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 20 of 21 They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND A Preliminary Major Subdivision application to create 5 commercial lots and 1 lot for parking, public access, and drainage, located on 2.66 acres at the northeast corner of W. Babcock Street and North Cottonwood Road. The project is located within the Valley West Planned Unit Development (PUD) and future buildings are planned to comply with the design requirements of the PUD. The use of this property for commercial purposes has been intended and documented by adopted zoning since initial development of the Valley West subdivision. The subject parcel is a remainder lot of the Valley West Subdivision platted in 2002 and then further reduced with the platting of Valley West Subdivision phase 3B. The development is located within a large area designated as community commercial mixed use within the Bozeman Community Plan. Although part of this large area that extends down Cottonwood Road to Huffine and east on both sides of Huffine and Main Street, the configuration of the B-1 zoning district in this area coupled with the Valley West PUD design standards should distinguish this development as a unique, smaller scale development more appropriate for adjacent residential properties. Despite the shared parking access and lot, underground stormwater facility, and significant parking relaxation allowed by the Valley West PUD, the projected floor area ratio (FAR) for the development as a whole will be 0.34:1. This is less intense than the .5:1 FAR identified in the growth policy as a minimum target for the community commercial mixed use zoning district. As a comparison, the recently approved Ruh Building within the B-2M zoning district and Midtown Urban Renewal District has a FAR of 1.05:1. The Ruh Building has no parking minimums, is served by an alley, and was able to base stormwater management facilities on the predevelopment runoff rates at the site. Additionally, without residential adjacency, the Ruh Building did not have to provide for additional landscape screening. The preliminary plat application was reviewed concurrently with a recently approved Master Site Plan, application 18355 (see Map Series). Subsequent development will require individual site plan applications. The common lot will be required before or 236 19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 21 of 21 concurrently with the first commercial lot development in order to provide parking, access and drainage control. An access easement for parking and drainage is also provided within commercial Lot 5 for the benefit of the other commercial lots. The project will coordinate improvements with a Capital Improvement Project (CIP) within the Cottonwood right-of-way planned for this year. Cash-in-lieu of infrastructure will be paid prior to final plat 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. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.40, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Additionally, notice of the project was published on the City of Bozeman website. Content of the notice contained all elements required by Article 38.40, BMC. One public testimony was given at Planning Board regarding future building heights. No other written comments have been received as of the completion of this report. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Kardar, LLC, 2001 Stadium Drive, Bozeman, MT 59715 Representative: C & H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718 Report By: Addi Jadin, Community Development FISCAL EFFECTS The development will generate the typical costs and revenues of commercial development. Other than these items no unique fiscal effects or impact on budgeted items have been determined. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials. 237 238 239 PRIVATECOMMON OS(SF)LOTS (SF)TOTAL (SF)55,23660,512115,749TOTAL55,23660,513115,749240 TABLE 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 241 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 242 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 243 244 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. 245 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 246 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) 247 Additional Subdivision Preliminary Plat Supplements Page 4 οf 4 No additional impacts or hazards are anticipated. 248 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 249 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 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 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 296 297 298 299 300 301 302 303 304 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 305 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 ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 306 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: ✔ ✔ ✔ ✔ ✔ 6 5 Private Open Space1 307 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 ✔ 308 309 310 311 312 313 314 315 316 317 1 RC Submittal - DRAFT: OCTOBER 2018 Prepared For: Kardar, LLC Prepared By: 111 North Tracy Avenue Bozeman, Montana 59715 Valley West Square In the Valley West PUD DRAFT DESIGN MANUAL 318 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 17 319 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 37 320 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. 321 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. 322 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. 323 7 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. 324 8 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. 325 9 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. 326 10 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. 327 11 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 328 12 *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. 329 13 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 330 14 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. 331 15 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. 332 16 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. 333 17 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. 334 18 (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. 335 19 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. 336 20 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. 337 21 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. 338 22 (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. 339 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. 340 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) 341 25 Exhibit 2: The Valley West Square Subdivision Lot Diagrams The following lot exhibits describe building envelopes, setbacks, and required site elements. 342 343 344 345 346 347 348 349 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 *** 350 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 351 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 352 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. 353 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. 354 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 355 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 356 33 Appendix D: Stormwater Maintenance Plan DRAFT INCLUDED IN MSP APPLICATION, FINAL SIGNED COPY TO BE INSERTED INTO DESIGN REGS 357 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: _______________________ 358 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): 359 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: ___________________________________________________ 360 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:___________________ 361 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 362 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. 363 (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. 364 (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 365 366 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. 367 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 368 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 369 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 370 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. 371 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. 372 373 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. 374 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. 375 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. 376 377 1 Marjorie Hennessy From:Strasheim, Kerri <kstrasheim@mt.gov> Sent:Thursday, May 10, 2018 5:46 PM To:Troy Scherer Cc:Marjorie Hennessy; Rob Pertzborn; Brian Heaston Subject:RE: Valley West Commercial Parcel - Exempt Well Determination Troy – Per the information in your April 13, 2018, email, the proposed water use for Lot 3A of Valley West Subdivison will not exceed 10 acre-feet (AF). The proposed use of lawn and garden irrigation on 0.701 acres would use about 1.238 AF of water. This proposed development falls under the 1993 rule for combined appropriations. The proposed use does not exceed 10 AF. Each well cannot exceed a diversion rate of 35 gallons per minute (GPM). No water right permitting is required. Standard language: In Clark Fork Coalition, et. al. v. DNRC, et. al., 2016 MT 229, 384 Mont. 503, 380 P.3d 771, the Montana Supreme Court concluded that the definition of “combined appropriation” in Admin. R. Mont. 36.12.101(13) was invalid. The Court reinstated the Department’s 1987 Rule defining “combined appropriation” as: “An appropriation of water from the same source aquifer by means of two or more groundwater developments, the purpose of which, in the department’s judgment, could have been accomplished by a single appropriation. Groundwater developments need not be physically connected nor have a common distribution system to be considered a “combined appropriation.” They can be separate developed springs or wells to separate parts of a project or development. Such wells and springs need not be developed simultaneously. They can be developed gradually or in increments. The amount of water appropriated from the entire project or development from these groundwater developments in the same source aquifer is the “combined appropriation.” Under this Rule, the Department interprets subdivisions that are pending before the Department of Environmental Quality for approval on October 17, 2014 or filed after that date to be a single project that can be accomplished by a single appropriation. Consequently, all wells in such a subdivision will be considered a “combined appropriation” for the purposes of Mont. Code Ann. 85-2-306. The only exception to this interpretation is that a subdivision which has received preliminary plat approval prior to October 17, 2014 will not be considered a project under the “combined appropriation” 1987 Rule; individual lots will still be evaluated under the 1987 Rule at the time of an application to the Department. 2015 Mont. Laws § 1, Ch. 221. This communication does not serve as a pre-approval for a water right. Thank you, Kerri ___________________ Kerri Strasheim Regional Manager – Gallatin, Madison, and Park Counties MT DNRC Water Resources 2273 Boot Hill Court, Suite 110 Bozeman, MT 59715 Ph: 406-556-4504 Fax: 406-587-9726 378 379 380 381 382 383 384 385 386 387 388 389 390 391 United States Department of Agriculture A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Gallatin County Area, Montana Valley West Square Natural Resources Conservation Service January 18, 2019392 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 393 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 394 Contents Preface....................................................................................................................2 How Soil Surveys Are Made..................................................................................5 Soil Map..................................................................................................................8 Soil Map................................................................................................................9 Legend................................................................................................................10 Map Unit Legend................................................................................................11 Map Unit Descriptions.........................................................................................11 Gallatin County Area, Montana.......................................................................13 457A—Turner loam, moderately wet, 0 to 2 percent slopes.......................13 509B—Enbar loam, 0 to 4 percent slopes...................................................14 References............................................................................................................16 4 395 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 396 scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report 6 397 identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Custom Soil Resource Report 7 398 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 399 9 Custom Soil Resource Report Soil Map 5058310505833050583505058370505839050584105058430505845050584705058490505851050583105058330505835050583705058390505841050584305058450505847050584905058510491880 491900 491920 491940 491960 491980 492000 492020 491880 491900 491920 491940 491960 491980 492000 492020 45° 40' 48'' N 111° 6' 15'' W45° 40' 48'' N111° 6' 8'' W45° 40' 41'' N 111° 6' 15'' W45° 40' 41'' N 111° 6' 8'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 0 45 90 180 270 Feet 0 10 20 40 60 Meters Map Scale: 1:1,000 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. 400 MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Gallatin County Area, Montana Survey Area Data: Version 22, Sep 5, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Sep 10, 2012—Nov 12, 2016 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 10 401 Map Unit Legend 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% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, Custom Soil Resource Report 11 402 onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report 12 403 Gallatin County Area, Montana 457A—Turner loam, moderately wet, 0 to 2 percent slopes Map Unit Setting National map unit symbol: 56tb Elevation: 4,300 to 5,200 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 39 to 45 degrees F Frost-free period: 90 to 110 days Farmland classification: Prime farmland if irrigated Map Unit Composition Turner and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Turner Setting Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Alluvium Typical profile A - 0 to 6 inches: loam Bt - 6 to 12 inches: clay loam Bk - 12 to 26 inches: clay loam 2C - 26 to 60 inches: very gravelly loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 48 to 96 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 5.4 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 3e Hydrologic Soil Group: B Ecological site: Silty (Si) 15-19" p.z. (R044XS355MT), Upland Grassland (R044BP818MT) Hydric soil rating: No Custom Soil Resource Report 13 404 Minor Components Turner Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Silty (Si) 15-19" p.z. (R044XS355MT) Hydric soil rating: No Meadowcreek Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Subirrigated (Sb) 15-19" p.z. (R044XS359MT) Hydric soil rating: No Beaverton Percent of map unit: 5 percent Landform: Stream terraces, alluvial fans Down-slope shape: Linear Across-slope shape: Linear Ecological site: Shallow to Gravel (SwGr) 15-19" p.z. (R044XS354MT) Hydric soil rating: No 509B—Enbar loam, 0 to 4 percent slopes Map Unit Setting National map unit symbol: 56vp Elevation: 4,400 to 6,000 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 37 to 45 degrees F Frost-free period: 90 to 110 days Farmland classification: All areas are prime farmland Map Unit Composition Enbar and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Enbar Setting Landform: Flood plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Loamy alluvium Custom Soil Resource Report 14 405 Typical profile A - 0 to 22 inches: loam Cg - 22 to 49 inches: sandy loam 2C - 49 to 60 inches: very gravelly loamy sand Properties and qualities Slope: 0 to 4 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Somewhat poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 24 to 42 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Moderate (about 8.8 inches) Interpretive groups Land capability classification (irrigated): 3w Land capability classification (nonirrigated): 3w Hydrologic Soil Group: C Ecological site: Subirrigated (Sb) 15-19" p.z. (R044XS359MT), Bottomland (R044BP801MT) Hydric soil rating: No Minor Components Nythar Percent of map unit: 10 percent Landform: Flood plains Down-slope shape: Linear Across-slope shape: Linear Ecological site: Wet Meadow (WM) 15-19" p.z. (R044XS365MT) Hydric soil rating: Yes Straw Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Silty (Si) 15-19" p.z. (R044XS355MT) Hydric soil rating: No Custom Soil Resource Report 15 406 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 16 407 United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report 17 408 PUBLIC ACCESS EASEMENT KARDAR, LLC, a Montana limited liability company, with a mailing address of 2001 Stadium Drive, Bozeman, Montana 59715, GRANTOR(S), in consideration of $ 1.00 and for other and valuable considerations, receipt of which is hereby acknowledged, grants to The City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, a public access easement for a driveway and parking area for the use of the public in, through, and across a 25 foot wide strip of land situated in Gallatin County, Montana, which is located on the following described 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 described on the attached Exhibit A which by this reference is made a part hereof. The GRANTOR(S) agrees: (1) To construct and maintain the driveway and parking area at their own expense in accordance with relevant City Ordinances, including, but not limited to, snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the driveway and parking area and land appurtenant thereto as the City reasonably deems necessary. The GRANTOR(S) warrant 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. The GRANTOR(S) further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. 409 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 / /20 410 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 water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water 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 411 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. 412 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 413 SHARED PARKING & DRAINAGE EASEMENT KARDAR, LLC., a Montana limited liability company, with a mailing address of 2001 Stadium Drive, Bozeman, Montana 59715, GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to KARDAR, LLC, a Montana limited liability company, with a mailing address of 2001 Stadium Drive, Bozeman, Montana 59715, GRANTEE, its successors and assigns, an easement for shared parking and private drainage purposes, in, through and across the following described real property situated in Gallatin County, Montana, more particularly described as follows and on the attached Exhibit "A": 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 GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has lawful right to convey the property, or any part of it, and that it will forever defend the title of the property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of the easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. 414 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: 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 / /20 415 DESIGN REPORT STORMWATER MANAGEMENT VALLEY WEST SQUARE Prepared for: Kardar, LLC 2001 Stadium Drive, Bozeman, Montana 59715 Prepared by: C&H Engineering and Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 (406) 587-1115 Project Number: 171293 July 2018 416 INTRODUCTION The proposed Valley West Commercial Corner is a 5-lot office/retail development located on a 2.66-acre parcel in Section 10, Township 2 South, Range 5 East of P.M.M., Gallatin County, City of Bozeman. A combination of site grading, curb and gutter, storm inlets, piping, underground infiltration chambers, and swales will be used to manage stormwater runoff on the site. Supporting stormwater calculations are attached to this report. A Drainage Area Map is included in Appendix A. Calculations for each individual drainage area (total area, weighted C factor, and time of concentration) are included in Appendix B. RETENTION/DETENTION POND DESIGN All ponds have been sized according to City of Bozeman Design Standards. Retention facilities are sized to capture the entire volume of the 10-year 2-hour storm event. The retention ponds are designed with an effective water depth of 1.5 feet, and maximum side slope of 4:1. Calculations used for sizing each pond can be found in Appendix C. Design pond capacities were calculated using volume surfaces in AutoCAD Civil3D. EXISTING VALLEY WEST STORMWATER SYSTEM When the Valley West PUD Subdivision was originally designed, the stormwater system was designed to handle runoff from Tract 3A (this project). However, when originally sizing the ponds, a C-factor of 0.35 was applied to the whole area of Tract 3A. With this proposed layout, the new C-factor was calculated to be 0.80 and will therefore produce more runoff than what was originally designed for. Because of this, the Valley West Commercial Corner must retain 3,493 cubic feet of runoff on site before discharging into the existing stormwater system (see Appendix C). This will be accomplished with a combination of a pre-treatment retention pond and underground infiltration chambers. Proposed Retention Pond The proposed retention pond is located just north of the proposed alley that runs along the northern property line of the site. It receives runoff from Drainage Area 1, totaling 2.66 acres. This retention pond will infiltrate runoff but will also be a pre-treatment bay for the stormwater before runoff 417 flows into the overflow structure and into the underground infiltration chambers. The proposed volume of the pond is 505 cubic feet and has a depth of 1’. Proposed Underground Infiltration Chambers The proposed underground infiltration chambers are located underneath the pavement within the alley. They receive runoff from Drainage Area 1, totaling 2.66 acres. The proposed volume of the underground infiltration chambers is 2,997 cubic feet, which, in addition to the 505 cubic feet of storage provided with the retention pond, is adequate to handle the additional runoff from this development. The underground infiltration chambers will have an overflow weir that will discharge into the existing 15” storm main within the subdivision stormwater system, but not before the required 3,493 cubic feet of runoff is retained. Sizing calculations for these chambers can be found in Appendix C. 418 APPENDIX A DRAINAGE AREA MAP 419 420 APPENDIX B DRAINAGE AREA CALCULATIONS 421 DRAINAGE AREA #1 1. Calculate Area and Weighted C Factor Contributing Area C Area (ft 2)C * Area Hardscape 0.95 92239 87627 Landscape 0.20 23510 4702 Total 115749 92329 A = Area (acres) 2.6572 C = Weighted C Factor 0.80 2. Calculate Tc (Time to Concentration) Tc Overland Flow Tc = 1.87 (1.1-CCf)D1/2/S1/3 Storm S = Slope of Basin (%) 2.00% Return (yrs)Cf C = Rational Method Runoff Coefficient 0.35 2 to 10 1 Cf = Frequency Adjustment Factor 1.1 11 to 25 1.1 D = Length of Basin (ft) 150 26 to 50 1.2 51 to 100 1.25 Tc Overland Flow (minutes)13.0 Tc Gutter Flow Tc = L/V/60 V = (1.486/n)R2/3 S1/2 n = Mannings Coefficient 0.013 R = Hydraulic Radius A/P (ft) 0.13 (0.15' below top of curb) S = slope (%) 1.20% L = length of gutter (ft) 500 V = mean velocity (ft/s) 3.28 Tc Gutter Flow (minutes) =2.5 Tc Total = 15.5 (5 minute minimum) 3. Calculate Flow (Rational Formula) Q = CIA C = Weighted C Factor 0.80 (calculated above) I = 0.78 Tc-0.64 (in/hr)1.85 (25-yr storm) A = area (acres) 2.66 (calculated above) Q = REQUIRED GUTTER CAPACITY (cfs) 3.93 (assuming no carry flow) 422 PROVIDED GUTTER CAPACITY 1. Calculate Gutter Capacity @ 0.15' Below Top of Curb Q = (1.486/n)AR2/3 S1/2 n = Mannings Coefficient 0.013 A = Area (ft2)1.24 (0.15' below top of curb) P = Wetted perimeter (ft) 9.23 (0.15' below top of curb) R = Hydraulic Radius A/P (ft) 0.13 (0.15' below top of curb) S = slope (%) 1.20% Q = PROVIDED GUTTER CAPACITY (cfs) 4.07 423 APPENDIX C POND SIZING CALCULATIONS 424 REQUIRED VOLUME TO RETAIN ON-SITE REQUIRED VOLUME 1. Calculate Area and Weighted C Factor Contributing Area C Area (ft 2 )C * Area Hardscape 0.95 92239 87627 Landscape 0.20 23510 4702 Total 115749 92329 C=Weighted C Factor 0.80 2. Calculate Additional Required Volume Q = CIA V=7200Q C = Weighted C Factor 0.45 * I = intensity (in/hr) 0.41 (10 yr, 2hr storm) A = Area (acres) 2.66 Q = runoff (cfs) 0.49 V = REQUIRED VOL (ft3)3493 ** *Difference between previous C-factor (0.35) and proposed C-factor (0.80) 425 UNDERGROUND INFILTRATION CHAMBERS REQUIRED VOLUME 1. Calculate Area and Weighted C Factor Contributing Area C Area (ft 2 )C * Area Hardscape 0.95 92239 87627 Landscape 0.20 23510 4702 Total 115749 92329 C=Weighted C Factor 0.80 2. Calculate Additional Required Volume Q = CIA V=7200Q C = Weighted C Factor 0.45 * I = intensity (in/hr) 0.41 (10 yr, 2hr storm) A = Area (acres) 2.66 Q = runoff (cfs) 0.49 V = REQUIRED VOL (ft3)2988 ** *Difference between previous C-factor (0.35) and proposed C-factor (0.80) **Required volume factors in the 505 cubic feet of storage the retention pond provides prior to stormwater entering the chambers. 426 APPENDIX D EXISTING STORMWATER CALCULATIONS 427 428 429 INSPECTION AND MAINTENANCE FOR STORMWATER MANAGEMENT FACILITIES The Property Owners Association shall be responsible for the maintenance of the stormwater drainage facilities within Valley West Commercial Corner development. Storm Water Facilities: 1. Drainage swales slope toward retention and detention ponds to collect storm water runoff and channel it to the retention or detention pond. 2. Retention Ponds collect storm water runoff and store the water until it evaporates and/or infiltrates into the ground. 3. Detention ponds collect storm water runoff while allowing some water to drain to another location. 4. Culverts are pipes which channel storm water from ditches or swales under roads. 5. Pipe Networks convey storm water to different discharge locations underground. 6. Inlets are facilities where storm water runoff enters a pipe network. Inlets include storm water manholes and drains. 7. Catch Basins are sumps typically located directly below storm water inlets and allow sediment to settle before storm water enters the pipe network. 8. Outlets are points where storm water exits a pipe network. 9. Drywells are underground storm water collection facilities that collect and temporarily store runoff from roof tops and landscaped areas before allowing storm water to infiltrate into the ground. Post Construction Inspection: 1. Observe drain time in retention ponds for a storm event after completion of the facility to confirm that the desired drain time has been obtained. If excessively slow infiltration rates are observed then excavate a minimum 5 ft by 5 ft drain to native gravels (or native well-draining material) and backfill with well-draining material (pit-run). 2. Observe that drywells, catch basins, and outlet structures are clear of any material or obstructions in the drainage slots. Inspect these structures to insure proper drainage following a storm event. Immediately identify and remove objects responsible for clogging if not draining properly. Semi-Annual Inspection: 1. Check retention ponds and dry wells three days following a storm event exceeding ¼ inch of precipitation. Failure for water to percolate within this time period indicates clogging or poor-draining soils. Clear any clogs and replace any poor-draining soils with well-draining gravely soils. 2. Check for grass clippings, litter, and debris in drainage swales, catch basins, dry wells, culverts and retention ponds. Flush and/or vacuum drywells or storm water pipes if excessive material is observed in the facilities. Standard Maintenance: 1. Remove sediment and oil/grease from retention ponds and detention 2. Inspect and remove debris from drainage swales, catch basins, dry wells, and retention ponds. Use a vacuum truck to clean catch basins and dry wells. 430 3. Monitor health of vegetation and revegetate as necessary to maintain full vegetative cover. 4. Inspect for the following issues: differential accumulation of sediment, drain time, signs of petroleum hydrocarbon contamination (odors, oil sheen in pond water), standing water, trash and debris. Sediment accumulation: In most cases, sediment from a retention pond does not contain toxins at levels posing a hazardous concern. However, sediments should be tested for toxicants in compliance with current disposal requirements and if land uses in the drainage area include commercial or industrial zones, or if visual or olfactory indications of pollution are noticed. Sediments containing high levels of pollutants should be disposed of in accordance with applicable regulations and the potential sources of contamination should be investigated and contamination practices terminated. 431 Underground stormwater detention and infiltration systems must be inspected and maintained at regular intervals for purposes of performance and longevity. Inspection Inspection is the key to effective maintenance of CMP detention systems and is easily performed. Contech recommends ongoing, quarterly inspections. The rate at which the system collects pollutants will depend more on site specific activities rather than the size or configuration of the system. Inspections should be performed more often in equipment washdown areas, in climates where sanding and/or salting operations take place, and in other various instances in which one would expect higher accumulations of sediment or abrasive/corrosive conditions. A record of each inspection is to be maintained for the life of the system. Maintenance CMP detention systems should be cleaned when an inspection reveals accumulated sediment or trash is clogging the discharge orifice. Accumulated sediment and trash can typically be evacuated through the manhole over the outlet orifice. If maintenance is not performed as recommended, sediment and trash may accumulate in front of the outlet orifice. Manhole covers should be securely seated following cleaning activities. Contech suggests that all systems be designed with an access/inspection manhole situated at or near the inlet and the outlet orifice. Should it be necessary to get inside the system to perform maintenance activities, all appropriate precautions regarding confined space entry and OSHA regulations should be followed. Systems are to be rinsed, including above the spring line, annually soon after the spring thaw, and after any additional use of salting agents, as part of the maintenance program for all systems where salting agents may accumulate inside the pipe. Maintaining an underground detention or infiltration system is easiest when there is no flow entering the system. For this reason, it is a good idea to schedule the cleanout during dry weather. The foregoing inspection and maintenance efforts help ensure underground pipe systems used for stormwater storage continue to function as intended by identifying recommended regular inspection and maintenance practices. Inspection and maintenance related to the structural integrity of the pipe or the soundness of pipe joint connections is beyond the scope of this guide. Contech® CMP Detention Inspection and Maintenance Guide CMP MAINTENANCE GUIDE 2/17 PDF © 2017 Contech Engineered Solutions LLC All rights reserved. Printed in USA. ENGINEERED SOLUTIONS NOTHING IN THIS CATALOG SHOULD BE CONSTRUED AS A WARRANTY. APPLICATIONS SUGGESTED HEREIN ARE DESCRIBED ONLY TO HELP READERS MAKE THEIR OWN EVALUATIONS AND DECISIONS, AND ARE NEITHER GUARANTEES NOR WARRANTIES OF SUITABILITY FOR ANY APPLICATION. CONTECH MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, RELATED TO THE APPLICATIONS, MATERIALS, COATINGS, OR PRODUCTS DISCUSSED HEREIN. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY CONTECH. SEE CONTECH’S CONDITIONS OF SALE (AVAILABLE AT WWW.CONTECHES.COM/COS) FOR MORE INFORMATION CMP DETENTION SYSTEMS 432 1 Luke Stein, E.I. From:Griffin Nielsen <GNielsen@BOZEMAN.NET> Sent:Friday, June 08, 2018 1:42 PM To:Luke Stein, E.I. Cc:Matt Hausauer Subject:RE: Request for Waiver of Traffic Impact Study (Application #18-010) Luke, Based on the provided estimates for peak hour trips for the proposed project a traffic impact study is not required. This email will serve as a waiver for this requirement. Regards, City of Bozeman MT Griffin Nielsen, EIT| Engineering Department 406.582.2280 gnielsen@bozeman.net From: Luke Stein, E.I. <lstein@chengineers.com> Sent: Thursday, May 31, 2018 3:25 PM To: Griffin Nielsen <GNielsen@BOZEMAN.NET> Cc: Matt Hausauer <mhausauer@chengineers.com> Subject: Request for Waiver of Traffic Impact Study (Application #18‐010) Hi Griffin, I hope all has been well! I am emailing because I’d like to confirm that a traffic impact study will not be required for the Valley West Corner Site Plan (City Application #18‐010). The proposed 5 commercial lots have a combined floor area of 38,000 sf. Bob Abelin advised us to use the “Business Park” ITE code for this project, which results in an 1.40 vehicle trips per ksf in the AM and 1.26 vehicle trips per ksf in the PM (ITE Trip Generation Rates – 9th Edition). This results in a peak hour trip of 53 and 48 trips for the AM and PM, respectively. This is well below the 100 peak hour trip threshold as typically required for TIS by the ITE Manual. Thank you, and I look forward to hearing back from you. Thanks, Luke Stein, E.I. Project Manager www.chengineers.com 433 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR: Valley West Square Subdivision We, the undersigned Owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 3A, Amended Plat of the Remainder of Tract 3, Block 2, Valley West Subdivision, located in the Northwest Quarter of Section 10, Township 2 South, Range 5 East of P.M.M., City of Bozeman. Gallatin County, Montana. IN CONSIDERATION of receiving master site plan approval from the City of Bozeman for the Valley West Square Subdivision, along with accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to City transportation and infrastructure systems that will be generated by the development of the above-described property, do hereby for ourselves, our heirs, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts (SID’s) for the following: 1. Street improvements to North Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage. 2. Street improvements to Babcock Street including paving, curb/gutter, sidewalk, and storm drainage. 3. Intersection improvements to North Cottonwood Road and Babcock Street. 4. Intersection improvements to North Cottonwood Road and Durston Road. 5. Intersection improvements to North Cottonwood Road and Huffine Lane. 6. Intersection improvements to North Ferguson Avenue and Babcock Street. Or to make any written protest against the proposed work or against the extent or creation of the districts (SID’s) to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. 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 434 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. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited liability company, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this _____ day of __________________, 201___. PROPERTY OWNERS: Tract 3A – Kardar, LLC __________________________________________ By: __________________________ Its: __________________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of _______________, 201___, before me, the undersigned, a Notary Public for the State of Montana, personally appeared ____________________, known to me to be _________________________ of Kardar, LLC, a Montana Limited Liability Company, and acknowledged to me that they executed the same for and on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Printed Name: ______________________ Residing at _________________________ My Commission Expires:______________ G:\C&H\17\171293\Plat - Preliminary\Waiver Of SIDS.Doc 435 DESIGN REPORT WATER & SEWER MANAGEMENT VALLEY WEST SQUARE SUBDIVISION Prepared for: Kardar, LLC 2001 Stadium Drive; Bozeman, MT 59715 Prepared by: C&H Engineering and Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 (406) 587-1115 Project Number: 171293 January 2019 436 Design Report - Page 2 of 7 INTRODUCTION The proposed Valley West Sqaure Subdivision is a 6-lot commercial subdivision located on Tract 3A, Amended Plat of the Remainder of Tract 3, Block 1, Valley West Subdivision. This project will require connection to existing City of Bozeman water and sanitary sewer systems. WATER SYSTEM LAYOUT The Valley West Square Subdivision will tap into the existing 8” water mains running along Cottonwood Road and Stafford Avenue for the services. The proposed hydrant will tap into the existing 8” main running along Stafford Avenue. A WaterCAD analysis is enclosed at the end of the report analyzing the proposed hydrant to be installed with this project. The connection to the existing system was modeled as a pump curve using data obtained from the City of Bozeman Water Department: static, residual and pitot pressures were read at the hydrant located at the intersection of Babcock Street/Pond Lily Drive. This test was performed on August 16, 2018. This data was used to develop the pump curve used at the connection point to model the existing system. The following equation based off of the Hazen Williams method is used to generate the pump curve: Q = Qf x ((Ps - P) / (Ps - Pr))0.54 Where: Q = flow predicted at desired residual pressure, Qf = total flow measured during test, Pr= residual pressure during test, Ps = static pressure and P = residual pressure at the desired flow rate. In the model, the pump is connected to a reservoir which acts as a source of water. The elevation of the reservoir is fixed at the elevation of the pump, which is also equivalent to the elevation of the tie-in point. The reservoir does not create any head on the system; the head is generated entirely by the pumps. The input data and the pump curves are included at the end of the report. The pump curve table includes all calculations and equations used in determining flow characteristics at the connection point. A C-factor of 130 was chosen for ductile iron class 51 pipe. WATER DISTRIBUTION SYSTEM SIZING The average daily usage for this project is found by adding 5% to the daily wastewater generation 437 Design Report - Page 3 of 7 based on the original Valley West Trunk Main numbers (see next section for wastewater generation calculations): Average Daily Usage = (4,536 gallons per day) + 5% = 4,763 gpd Water Demands (Demand Junction 1) Average Day Demand = 4,536 + 5% = 4,763 gpd = 3.3 gpm Maximum Day Demand = 3.3 gpm x 2.3 = 7.6 gpm Peak Hour Demand = 3.3 gpm x 3.0 = 9.9 gpm Available Pressure: 8-inch class 51 ductile iron main Babcock Street/Pond Lily Drive Static = 75 psi Residual = 64 psi Pitot (2.5” nozzle) = 60 Flowing = 1,300 gpm HYDRAULIC ANALYSIS A water distribution model was created using WaterCAD Version 10.01.00.72 for demand forecasting and describing domestic and fire protection requirements. In order to model the system, each junction node of the water distribution system was assessed a demand based on its service area. The table shown below quantifies the demands placed at the junction nodes and calculates the demands for Average Day, Maximum Day and Peak Hour within the subdivision. The peaking factor for each case is 1, 2.3 and 3.0 respectively. Valley West Square Subdivision (Table 1): DEMAND JUNCTION NODE AVERAGE DAY GPM MAX. DAY GPM PEAK HOUR GPM DJ 1 3.3 7.6 9.9 Total 3.3 7.6 9.9 438 Design Report - Page 4 of 7 CONCLUSION The existing 8-inch DIP water mains provide adequate capacity to serve the subdivision under the Peak Hour Demand condition. The flows and pressures within the system for the Peak Hour Demands were generated with the WaterCAD program and can be found in Appendix A. The capacity of the system to meet fire flow requirements was tested by running a steady state fire flow analysis for all junctions at fire hydrant locations. The model shows that all hydrant junctions satisfy fire flow constraints (residual pressure > 20 psi, flow rate > 1500 gpm), while providing service to lots at peak hour. The results of the analysis at peak hourly flow are given in Appendix A. SANITARY SEWER SYSTEM The Valley West Square Subdivision does not propose any new sewer mains. All sewer services will flow to existing sanitary sewer mains within Cottonwood Road, Babcock Street, and Stafford Avenue. ORIGINAL VALLEY WEST TRUNK MAIN ANALYSIS During the original platting of the Valley West Subdivision, a Valley West Trunk Main report was submitted analyzing the wastewater generation rates for the entire Valley West Subdivision. The total peak wastewater flow rate allocated for this property is 569 gal/hour. Below is a table summarizing the wastewater allocation for Tract 3A. 439 Design Report - Page 5 of 7 Valley West Commercial Corner (171293) Sewer Calculations [Original Trunk Main Numbers] population per acre* 13.3 persons/ac population 35 people peaking factor* 3.20 assumed infiltration rate** 150 gallons/acre/day lot area 2.66 acres infiltration rate 399 gpd wastewater generation rate* 117 gal/day/person Average Wastewater Flow Rate 3 gpm Average Wastewater Flow Rate 189 gallons per hour Peak Wastewater Flow Rate 9 gpm Peak Wastewater Flow Rate 569 gallons per hour *Based on original numbers used in the Valley West Trunk Main Design Report **Based on City of Bozeman Design Standards SEWER SYSTEM CALCULATIONS Additional calculations were performed for Tract 3A using comparable numbers from The Ferguson Farm Subdivision and The Ridge Athletic Club Subdivision (see table below) and were compared to the original trunk main numbers. According to these calculations, this project will produce less wastewater than the original trunk main report allocated. Valley West Commercial Corner (171293) Sewer Calculations number of employees* 0.4412 persons/100 sf total floor area 38,000 sf total employees 168 employees peaking factor** 4.17 assumed infiltration rate*** 150 gallons/acre/day lot area 2.66 acres infiltration rate 399 gpd wastewater generation rate**** 13 gal/day/employee Average Wastewater Flow Rate 2 gpm Average Wastewater Flow Rate 107.4 gallons per hour Peak Wastewater Flow Rate 7 gpm Peak Wastewater Flow Rate 396 gallons per hour 440 Design Report - Page 6 of 7 *Based on comparison with similar building uses constructed within the Ferguson Farm and Ridge Athletic Club Subdivisions **Calculated per Harmon Formula ***Based on City of Bozeman Design Standards ****Based on Montana DEQ Circular 4 standards for commercial wastewater generation CONCLUSION Based on the above calculations, this project will not exceed the original wastewater allocation for this lot from the Valley West Trunk Main Report. Due to the uncertainty of the proposed building uses, this project will utilize a sanitary sewer tracking mechanism with individual site plan applications to ensure that the allocated wastewater flow is not exceeded. 441 Design Report - Page 7 of 7 APPENDIX A WATERCAD MODEL 442 Scenario Summary Report Scenario: Base Scenario Summary 1ID BaseLabel Notes Base Active TopologyActive Topology Base PhysicalPhysical Base DemandDemand Base Initial SettingsInitial Settings Base OperationalOperational Base AgeAge Base ConstituentConstituent Base TraceTrace Base Fire FlowFire Flow Base Energy CostEnergy Cost Base TransientTransient Base Pressure Dependent DemandPressure Dependent Demand Base Failure HistoryFailure History Base SCADASCADA Base User Data ExtensionsUser Data Extensions Base Calculation OptionsSteady State/EPS Solver Calculation Options Base Calculation OptionsTransient Solver Calculation Options Hydraulic Summary Steady StateTime Analysis Type TrueUse simple controls during steady state? Hazen- WilliamsFriction Method FalseIs EPS Snapshot? 0.001Accuracy 12:00:00 AMStart Time 40Trials Fire FlowCalculation Type Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16661/28/2019 WaterCAD CONNECT Edition Update 1[10.01.00.72]Bentley Systems, Inc. Haestad Methods Solution Center171293 WaterCAD Model.wtg 443 Scenario: Base P-3Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16661/28/2019 WaterCAD CONNECT Edition Update 1[10.01.00.72]Bentley Systems, Inc. Haestad Methods Solution Center171293 WaterCAD Model.wtg 444 Pump Definition Detailed Report: HYD 2669 Element Details 33ID Notes HYD 2669Label Pump Curve Head (ft) Flow (gpm) 173.080 161.54849 150.001,235 138.461,537 126.921,795 115.382,025 103.852,235 92.312,429 80.772,610 69.232,782 57.692,945 46.153,100 34.623,249 23.083,393 11.543,531 0.003,665 Pump Efficiency Type Best Efficiency Point Pump Efficiency Type %100.0Motor Efficiency %100.0BEP Efficiency FalseIs Variable Speed Drive? gpm0BEP Flow Transient (Physical) lb·ft²0.000Inertia (Pump and Motor)SI=25, US=1280Specific Speed rpm0Speed (Full)TrueReverse Spin Allowed? Page 1 of 227 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16661/28/2019 WaterCAD CONNECT Edition Update 1[10.01.00.72]Bentley Systems, Inc. Haestad Methods Solution Center171293 WaterCAD Model.wtg 445 Pump Definition Detailed Report: HYD 2669 Graph Head (ft)175.00 150.00 125.00 100.00 75.00 50.00 25.00 0.00 Pump Efficiency (%)125.0 112.5 100.0 87.5 75.0 62.5 50.0 37.5 25.0 12.5 0.0 Flow (gpm) 3,5003,0002,5002,0001,5001,0005000 Page 2 of 227 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16661/28/2019 WaterCAD CONNECT Edition Update 1[10.01.00.72]Bentley Systems, Inc. Haestad Methods Solution Center171293 WaterCAD Model.wtg 446 Fire Flow Node FlexTable: Fire Flow ReportJunction w/ Minimum Pressure (System)Pressure (Calculated Zone Lower Limit)(psi)Pressure (Zone Lower Limit)(psi)Pressure (Calculated Residual)(psi)Pressure (Residual Lower Limit)(psi)Flow (Total Available)(gpm)Flow (Total Needed)(gpm)Fire Flow (Available)(gpm)Fire Flow (Needed)(gpm)LabelDJ 129020201,5371,5001,5371,500HYD 1Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16661/28/2019WaterCAD CONNECT Edition Update 1[10.01.00.72]Bentley Systems, Inc. Haestad Methods Solution Center171293 WaterCAD Model.wtg447 FlexTable: Junction Table Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Demand CollectionElevation (ft) Label 75173.0710<Collection: 1 items>0.00DJ 1 75173.070<Collection: 0 items>0.00HYD 1 Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16661/28/2019 WaterCAD CONNECT Edition Update 1[10.01.00.72]Bentley Systems, Inc. Haestad Methods Solution Center171293 WaterCAD Model.wtg 448 FlexTable: Pipe TableHeadloss Gradient(ft/ft)Hydraulic Grade (Stop)(ft)Hydraulic Grade (Start)(ft)Velocity(ft/s)Flow(gpm)Minor Loss Coefficient (Unified)Hazen-Williams CMaterialDiameter(in)Length (User Defined)(ft)Label0.000173.07173.070.0001.670130.0Ductile Iron6.074P-10.0000.000.000.00100.000150.0PVC999.01P-20.000173.07173.080.06106.790130.0Ductile Iron8.01,500P-3Page 1 of 127 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-16661/28/2019WaterCAD CONNECT Edition Update 1[10.01.00.72]Bentley Systems, Inc. Haestad Methods Solution Center171293 WaterCAD Model.wtg449 450 451 452 453 454 455 456 457 458 1 RC Submittal - DRAFT: OCTOBER 2018 Prepared For: Kardar, LLC Prepared By: 111 North Tracy Avenue Bozeman, Montana 59715 Valley West Square In the Valley West PUD DRAFT DESIGN MANUAL 459 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 17 460 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 37 461 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. 462 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. 463 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. 464 7 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. 465 8 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. 466 9 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. 467 10 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. 468 11 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 469 12 *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. 470 13 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 471 14 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. 472 15 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. 473 16 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. 474 17 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. 475 18 (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. 476 19 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. 477 20 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. 478 21 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. 479 22 (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. 480 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. 481 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) 482 25 Exhibit 2: The Valley West Square Subdivision Lot Diagrams The following lot exhibits describe building envelopes, setbacks, and required site elements. 483 484 485 486 487 488 489 490 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 *** 491 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 492 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 493 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. 494 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. 495 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 496 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 497 33 Appendix D: Stormwater Maintenance Plan DRAFT INCLUDED IN MSP APPLICATION, FINAL SIGNED COPY TO BE INSERTED INTO DESIGN REGS 498 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: _______________________ 499 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): 500 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: ___________________________________________________ 501 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:___________________ 502 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 503 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. 504 (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. 505 (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 506 507 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. 508 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 509 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 510 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 511 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. 512 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. 513 514 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. 515 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. 516 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. 517 TABLE 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 518 519 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 520 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 521 522 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. 523 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 524 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) 525 Additional Subdivision Preliminary Plat Supplements Page 4 οf 4 No additional impacts or hazards are anticipated. 526 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 527 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 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 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 574 575 576 577 578 579 580 581 582 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: ✔ ✔ ✔ ✔ ✔ 6 5 Private Open Space1 583 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 ✔ 584 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 585 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 ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 586 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019Application:18355|Type:[Master Site Plan ApplicationProject Name:Description:Valley West Square PUDZoning:The subject property is within the Valley West Planned Unit Development and designated as a commercialarea.B-1Growth Policy:Community Commercial Mixed UseSize:2.65 acres, Overlay District:NA1 Full Site Address:jOwner/Applicant:NE Corner of N. Cottonwood Road & W. Babcock StreetKardar, LLC c/o Craig Danenhauer2001 Stadium DriveBozeman,MT59715Representative: Intrinsik Architecture Attn. Marjorie Hennessy111 N.Tracy AvenueBozeman,MT59715Staff:Planner:Courtney Johnson, AIA Engineer:NeilsonNoticing:Advisory Boards:Public Comment Period:2/12/2019 2/27/2019Site Posted:2/12/2019Adjacent Owners Mailed:2/12/2019Board:Design Review Committee (DRC)Date:9/26/2018Recommendation:ApprovalRecommendationApproval with conditionsDecision Authority Director of Community DevelopmentDate3/8/2019Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715Page 1 of 14587 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATEA. PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, publicnotice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary site plandescribed in this report was conducted. The applicant proposed to the City a Site Plan to allow the proposed building alongwith related site improvements, parking and circulation on a 2.79 acres site. The purposes of the Site Plan review was toconsider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluatethe proposal against the criteria of Sec. 38.230.100 BMC, and the standards ofCh. 38, BMC; and to determine whether theplan should be approved, conditionally approved, or denied.B. It appeared to the Director that all parties and the public wishing to examine the proposed site plan and offer comment wereprovided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch.38,Art. 33, BMC, and considering all matters of record presented with the application and during the public comment perioddefined by Ch. 38, BMC, the Director has found that the proposed site plan would comply with the requirements of the BMC ifcertain conditions were imposed. Therefore, being fully advised of all matters having come before him/her regarding thisapplication, the Director makes the following decision.C. The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listedin this report and the correction of any elements Not in conformance with the standards of the Title. The evidence contained inthe submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on thisdevelopment to ensure that the site plan and subsequent construction comply with all applicable regulations, and allapplicable criteria of Ch. 38, BMC. Martin Matsen, Director of Community Development, approved with conditions this SitePlan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.01 0 BMC. The approval of this Site Plan shall beeffective for twelve (12) months from the date of Plan approval. At the end of this period the Director may, at the request ofthe developer, extend the approval in accordance with Ch. 38 Art. 19, BMC. The approval of this Special Use Permit, issuedpursuant to Section 38.230.120 of the BMC, runs with the land, however may be terminated or revoked per Section38.230.110.1.D. This Director of Community Development's project decision may be appealed by filing a documented appeal with and payingan appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of approval asevidenced by the Director's signature, following the procedures of Sec. 38.250.030, BMCDirector of Community Developmenty/Martin Matsen, AICPFriday, March 8,2019CONDITIONS OF APPROVAL1.0 The applicant is advised that unmet code provisions, or code provisions that are Not specifically listed as conditions ofapproval, does Not, in anyway, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Codeor state law.Page 2 of 14588 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019Is-?In^STPERRY"«<£••1•gf/t"fIj!mma-l:»-a.sr f !"»IImISrieS^-'ifldfirRMH(.\S(At)E£rs?«alffc3RI•*•&ttts[^^'•/^a-<«•]t/*&;gRtsW11C 3-ef-£^IW;''s'2m^.,/»iyas^^-3•f4?.^Syi'AI.EXANDERSI."ka.s•-,FN.^1s5u.?.^tlKswmp'MSB.B1\\\•WPH'BABCOCKSlir^Bf"iii"?^^k;g£<aa^,.l:-^y..sR0,is.so.sLegend |»"J^ ^<4d3 ^snning Prefects selectionParcels W^S.i.RoadsAileysCity Limitsr^ Zoning Districtsr^^tajTh*;; w^j wte ciMLBd by IhaCitytrfBazwnanPtowitrtg Divtttofl1 indi • 200 fedValley West Square in Valley West PUDProposed Master Site PlanApplication 18-355Submitted 08/01/2018 BOZEMANMTPlanningPage 3 of 14589 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019ANALYSIS AND FINDINGSAnalysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans,public comment, and all other materials available during the review period. Collectively this information is the record of the review. Theanalysis in this report is a summary of the completed review.Plan Review, Section 38.230.100, BMCIn considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following:1.0Conformance to and consistency with the City's adopted growth policy (38.100.040 A)Meets Code?Growth Policy Land UseCommunity Commercial Mixed UseYesZoningB-1 Neighborhood Business DistrictYesComments: The project site is zoned B-1, which is a permitted use as long as it is completely enclosed with a building. The property iswithin the City's municipal service area and otherwise complies with the goals and objectives of the growth policy. Staff did not identifyany conflicts between the proposed use, the zoning, and the growth policy.The uses are allowed within the zoning district with the approval of this application 17481, pursuant to Section 38.310 of the BozemanMunicipal Code. The property is within the City's municipal service area and otherwise complies with the goals and objectives of thegrowth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified.2.0Conformance to this chapter, including the cessation of any current violations (38.200.160)Meets Code?Current ViolationsJNoneYesComments: The applicant is advised that unmet code provisions, or code provisions that are Not specifically listed as conditions ofapproval, does Not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or statelaw.3.0 Conformance with all other applicable laws, ordinances, and regulations (38.100.080)Conflicts i NoneMeets Code?Condominium ownershipYesNANAComments: The City will evaluate the plans against the requirements of the International Building Code (IBC) during building permitreview. The applicant must provide professional services for construction inspection and post-construction certifications from theirproject professionals that the project was constructed according to plan and specification. The applicant must prepare plans andspecifications for any fire service line in accordance with the City's Fire Service Line Policy. The plans must be prepared by aProfessional Engineer and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fireprotection system. The applicant must also provide Professional Engineering services for construction inspection, post-constructioncertification and preparation of mylar record drawings. Fire service plans, and domestic services 4" or larger, must be a standalonesubmittal, separate from the site plan application. City of Bozeman applications for service must be completed by the applicant.Comments: Private neighborhood bylaws, covenants, conditions and restrictions are not administered or enforced by the City ofBozeman. Applications are reviewed and evaluated against the Bozeman Municipal Code. No conflicts with the conformance with laws,ordinances and building regulations have been identified during the Special Use Permit review.Page 4 of 14590 BOZEMANPlanningMT4.0Conformance with special review criteria for applicable permit types as specified in Article 2Staff ReportValley West Square PUDFriday, March 1,2019Meets Code?YesComments:5.a.Permitted Uses (Division 38.310)Meets Code?ZoningB-1 Neighborhood Business DistrictYesPermitted Uses 38.310YesComments:5.b.Form and Intensity Standards (Division 38.320)Meets Code?Lot Area and WidthYesLot Minimum DensityYesLot coverageAllowed:100%Proposed: 32.9%Lot Size Gross SF:115,434Gross Building SF:38,000YesFloor Area Ratio (FAR)0.11YesBuilding HeightAllowed:34-38'Proposed:NAYesComments:SetbacksStructuresParking / LoadingYesFrontRearSideAlley!Watercourse!Wetland I25MixedYes20MixedYes5LandscapeYes5MixedYesNAYesNAYesBlock FrontageBlock FrontageYesGarage and Special Parking StandardsNAZone Edge TransitionsNAComments: Applicant is designing the project to reflect Valley West PUD standards where applicable.5.c. Applicable Zone Specific or Overlay Standards (Division 38.330-340)Meets Code?Sec. 38.330.010. - UMU District - Special standards.NASec. 38.330.020. - REMU District - Special standards.NASec. 38.330.030. - PLI District - Applicability.NASec. 38.330.040. - NEHMU District - Special standards and requirements.NAComments:5.d. General Land Use Standards and Requirements (Division 38.330-350)Meets Code?Sec. 38.350.010. - Area requirements for individual buildings—Restrictions.YesSec. 38.350.020. - Setbacks and lots reduction prohibited.NASec. 38.350.030. • Use of lands; buildings and structures.YesSec. 38.350.040. - Dwelling unit restrictions.NASec. 38.350.050. - Setback and height encroachments, limitations and exceptions.YesPage 5 of 14591 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019Sec. 38.350.060. - Fences, walls and hedgesYesSec. 38.350.070. - Parking and garages for single to four-household residential usesNAComments:5.e Applicable Supplemental Use Criteria (Division 38.360)Supplemental uses/type5.fWireless Facilities and/or Affordable Housing Provisions (Division 38.370)Meets Code?NAMeets Code?Applicable FacilitiesNAComments:5.9Affordable Housing Provisions (Division 38.380)Affordable HousingMeets Code?NAComments:6.a.(1) Transportation Facilities and Access Traffic and Parking Impact (Division 38.400)Transportation grid adequate to serve siteSec. 38.400.020. - Street and road dedication.Sec. 38.400.030. - Intersections.Sec. 38.400.040. • Street names.Sec. 38.400.050. - Street and road right-of-way width and construction standards.Sec. 38.400.060. - Street improvement standards.Sec. 38.400.070. - Street lighting.Sec. 38.400.080.. Sidewalks.Sec. 38.400.090. - Access.Meets Code?YesYesYesYesYesYesYesYesYesDrive access requirements, (residential, and non-residential)YesSpacing standards for drive accesses.YesNumber and location of drive accesses.2 accessesShared drive access.NAAccess approval required.NAModifications of property access standards.NASecondary AccessYesSec. 38.400.100. • Street vision triangle.Sec. 38.400.110. - Transportation pathways.Snow storageYesPathway categories.YesTrail requirements.NABikeways and boulevard trails.NAPathway maintenance.NAPathway easements.NATrails in required watercourse setbacks.NACorridors. Corridors for transportation pathways may not be used to satisfy parkland dedicationYesYesPage 6 of 14592 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019Sec. 38.400.120. • Public transportation.YesSpecial Improvement DistrictsNAComments: No additional mitigation was identified for this project.6.a.(2) Pedestrian and vehicular ingress, egress and circulationConformance with the community design provisions of article 4: Pedestrian and vehicular ingressand egress 38.400Meets Code?1 Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely|and easily both within the site and between properties and activities within the neighborhood areaYesVehicle Access to SiteYesPedestrian access location(s)YesSite vision trianglesYesFire lanes, curbs, signage and stripingYesNon-automotive transportation and circulation systems design features to enhance convenience and safety acrossparking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting;YesCrosswalksYesCurb rampsYesPedestrian lightingYesAdequate connection and integration of the pedestrian and vehicular transportation systems to the systems inadjacent developments and general community; andDedication of right-of-way or easements necessary for streets and similar transportationJacjlitiesLYesAccess EasementsYesComments:6.a.(3) Loading and unloading areasYesMeets Code?Loading and unloading area requirements 38.540.080YesLoading and unloadingNAFirst Berth (min. 70 feet length, 12 feet in width and 14 feet in height)NAAdditional Berths (min. 45 feet length)NAComments:6.bCommunity design and element provisions (division 38.410)Sec. 38.410.020. - Neighborhood centers.Meets Code?NASec. 38.410.030. - Lot StandardsYesDimensions and orientationYesDivision by rights-of-way.YesDouble/through and reverse frontage.NACourtyard access lots.NACorner lots.YesWidth.YesDepth.YesSide lot lines.YesPage 7 of 14593 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019Frontage.YesCivic uses.NAAll tracts except ROW must have an identifying lot number restarting with each block.YesSec. 38.410.040. - Block StandardsYesSize and orientation.YesBlock length.YesBlock length.YesRights of way for pedestrians alternative block delineationNASec. 38.410.050. - Utility StandardsYesUtilities must be placed undergroundYesIf overhead utility lines are used, they must be located at the rear property lineYesUtility facilities must be designed by utility firms in cooperation with the developer.YesThe developer must provide adequate and appropriate utility easements in compliancewith section 38.410.060.YesSec. 38.410.060. - Easements.YesEasements (City and public utility rights-of-way etc.)YesPrivate utility easements.YesPublic utility easements.YesEasements for agricultural water user facilities.NASec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems.YesAll municipal water supply, sanitary sewer and storm sewer system facilities requirementsYesOther utilities (electric, natural gas, communications)YesComments: Municipal infrastructure serves the subject property. The Engineering Division reviewed the utility layout from the publicright-of-way and on-site and found compliance with the City's standards.Sec. 38,410.080. - Grading and drainage.YesProvisions must be made for the control and drainage of surface water around buildings.YesDrainage systems must not discharge into any sanitary sewer facility or agricultural waterjjserjFacility_YesStormwater retention or detention ponds may be located within public parkland, but such^reas must not count towards the parkland dedication requirement.NAThe city may require the developer to establish easements or other perpetual controls to_prevenlencrQachment or disruption of drainage ways or facilities.YesStormwater facilities generally must not occupy more than one-third of a required frontsetback. __._„,_„__YesAll finish grades in landscaped areas must comply with the provisions set forth in section38.550.0501.YesStormwater retention/detention facilities in landscaped areas must be designed aslandscape amenities.YesSec. 38.410.090. - Fire protection requirements.YesSec. 38.410.100. - Watercourse setback.NANASec. 38.410.110. - Ridgelines and view sheds.YesPage 8 of 14594 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019Sec. 38.410.120.. Mail delivery.YesSec. 38.410.130.. Water rights.YesComments:6.c Park and recreational requirements (division 38.420)Enhancement of natural environmentMeets Code?YesWildlife habitat or feeding area preservationNASee. 38.420.020. - Park area requirements.NASee. 38.420.030. - Cash donation in-lieu of land dedication.See. 38.420.040. - Park use.NASee. 38.420.050. - Location.NASec. 38.420.060. - Frontage.See. 38.420.070. - Linear parks.NANANASec. 38.420.080. - Park development.NASec. 38.420.090. - Waiver of park maintenance district.NASec. 38.420.100. - Waiver of required park dedication.NASec. 38.420.110. - Recreation pathways.NAComments:7.aConformance with the project design provisions of Article 5, Compatibility, Design and ArrangementMeets Code?Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods andother approved development relative to architectural design, building mass, neighborhood identity, landscaping,historical character, orientation of buildings on the site and visual integration;Yes38.510 Block Frontage StandardsYes38.530 Building DesignYes38.520.060 Open SpaceYes38.540.010 ParkingParkingRequired95YesProvided (Total)101YesADARequired4Provided (Total)4YesBicycleRequired9Provided (Total)16YesComments: The site provides all required parking off-street, bicycle parking, and ADA parking located as close as possible to theprimary entrance.138.560.01 OSignageAllowed (sq. ft)/buildingProposed (sq. ft)NAComments: Not submitted with this application. The City requires a sign permit for the on-premises signs that demonstratescompliance with zoning standards prior to installation of any signage.38.570 LightingBuilding-mounted lighting (cutoff and temperature)YesSite lighting (supports, cutoff and temperature)YesMinimum light trespass at property lineYesPage 9 of 14595 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019Comments: Site lighting does comply. The project employs LED technology, the City's recommended bulb type.Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space andlandscaping, etc.) so that activities are integrated with the organizational scheme of the community,neighborhood, and other approved development and produce an efficient, functionally organized and^nU,uu-«1<YesSec. 38.520.030. - Relationship to adjacent properties.YesSec. 38.520.040. - Non-motorized circulation & design.YesSec. 38.520.050. - Vehicular circulation & parking.YesDesign and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping,etc.) in harmony with the existing natural topography, natural water bodies and water courses, existingvegetation, and to contribute to the overall aesthetic quality of the site configurationYesComments:Page 10 of 14596 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,20197.d Landscaping, including the enhancement of buildings, the appearance of vehicular use, open spaceand pedestrian areas, and the preservation or replacement of natural vegetationMeets Code?Sec. 38.220.100. - Submittal requirements for landscape plans.Sec. 38.550.050. - Mandatory landscaping provisions.Setback landscaping required.Additional screening requirements.Parking lot landscaping.Screening of off-street loading spaces.Street frontage landscaping required.Street median island landscaping.Acceptable landscape materials.Protection of landscape areas.Irrigation standards.Required use of trees with residential adjacencyCoordination with utilities.Maximum allowable slope or grade.Irrigation: plan, water source, system type: Municipal water, high efficiency drip & spraySec. 38.550.060. - Landscape performance standards.Minimum Performance Points RequiredPerformance ProvidedSec. 38.550.070. - Landscaping of public lands.YesYesYesYesYesYesYesYesYesYesYesYes2323YesYesYesYesYesCity rights-of-way and parks.Public ROW boulevard stripsIrrigation and maintenance provisions for ROWState ROW landscapingNAYesYesNAAdditionalFencing and wallsjSec. 38.520 Site Planning & Design ElementsNANAYesSec. 38.520.040. - Non-motorized circulation & design.Sec. 38.520.050. -Vehicular circulation & parking.Sec. 38.520.060. - On-site residential open space.Sec. 38.520.070. - Location and design of service areas and mechanical equipment.Snow storageYesYesNAYesComments: The applicant submitted a complete landscape and irrigation with the site plan application as required byBozeman Municipal Code (BMC) and the plan complies with all applicable landscape standards.Boulevard trees along Babcock Street and Stafford must be planted within the first phase.YesPage 11 of 14597 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,20197.eConformance with the project design provisions of Article 5, Open SpaceMeets Code?Open SpaceYesComments:7.fConformance with the project design provisions of Article 5, Lighting 38.570Meets Code?I Building-mounted lighting (cutoff and temperature)Yesj Site lighting (supports, cutoff and temperature)YesMinimum light trespass at property lineYesComments: Site lighting does comply. The project employs LED technology, the City's recommended bulb type. Nonuisance lighting has been identified on the site.7.gConformance with the project design provisions of Article 5, Signage 38.560Meets Code?r'Allowed (sq. ft)/buildingNAProposed (sq. ft)NAComments: Not submitted with this application. The City requires a sign permit for the on-premises signs thatdemonstrates compliance with B-P zoning standards prior to installation of any signage.8a-c. Conformance with environmental and open space objectives in articles 4-6Meets Code?j Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill{GradingYesYesOn-site retention/detentionYesI Drainage designjStormwater maintenance plan 38.410.030.AYesYes,Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetationYesWatercourse and wetland protections and associated wildlife habitatsNAIf the development is adjacent to an existing or approved public park or public open space area, have provisionsbeen made in the plan to avoid interfering with public access to and use of that areaNAComments: The Engineering Division approved the drainage plan. Low Impact Development (LID) retention systemswill capture much of the surface runofffrom the parking areas and a underground retention pond will capture excessrunofffrom the site and buildings.9.0Conformance with the natural resource protection provisions of articles 4-6Meets Code?Sec. 38.410.100. • Watercourse setback.NAWatercourse setback planting planNA38.600 Floodplain RegulationsNA138.610 Wetland RegulationsComments:NAPage 12 of 14598 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,2019r.,10.0 Other related matters, including relevant comment from affected parties 38.220Meets Code?Public CommentYesYesComments: A public notice period was executed as per Section 38.220.420. Details regarding dates the noticing requirements wereconducted can be found on page 1 of this staff report document.One letter of public comment was received, asking for questions and planting of boulevard trees.111.0 If the development includes multiple lots that are interdependent for circulation or other means ofaddressing requirement of this title, whether the lots are either: Configured so that the sale ofindividual lots will not alter the approved configuration or use of the property or cause thedevelopment to become nonconforming OR Are the subject of reciprocal and perpetual easementsor other agreements to which the City is a party so that the sale of individual lots will not cause one_pr more elements of the development to become nonconforming. 38.410.060j Subdivision exemptionj Required EasementsMeets Code?NANAReciprocal access and shared parking easementNAMutual access easement and agreementYesComments: The final plat application will be subsequently submitted and reviewed following the approval of thissubject development review.12.0 Phasing of development 38.230.020.B including buildings and infrastructureMeets Code?PhasingYesNumber of phases6Comments: The DRC supports the proposed phasing.13.0 Supplemental Use Criteria Accessory dwelling unit and accessory structure 38.360.030-.040Meets Code?Accessory structureNAHeight - principal structureHeight - accessory (proposed)Footprint - principal structureFootprint - accessory (proposed)Conformance with 38.360.030.G.2Accessory dwelling unitNAAttached or DetachedLivable areaPaved off-street parking stallComments:Page 13 of 14599 BOZEMANPlanningMTStaff ReportValley West Square PUDFriday, March 1,201914. Conformance with the Neighborhood Conservation Overlay District Design (NCOD) GuidelinesMeets Code?Overlay District ProvisionsNAComments:IntroductionNAChapter 2: Guidelines for all propertiesNAChapter 4b: Guidelines for commercial areas outside of Main Street Historic DistrictNAAppendicesNAComments:15. NCOD Demolition 38.340.080 Review of Demolition of historic structures or sitesMeets Code?Historic Structure per 38.700.090INoneNAComments:Page 14 of 14600