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HomeMy WebLinkAbout94- P.C. Development, Inc. at Valley Commons Business Park ).. . . .r . . BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF P.C. FINDINGS OF FACT DEVELOPMENT, INC. FOR THE PRELIMINARY PLAT AND ORDER APPLICATION AND ZONING PLANNED UNITS DEVELOPMENT APPLICATIONS FOR VALLEY COMMONS BUSINESS PARK PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, public hearings were scheduled, after notice given, before the Bozeman City-County Planning Board on June 21, 1994, and before the Bozeman City Commission on July 5, 1994, on the above-entitled applications. The purpose of the public hearings was to review the proposed preliminary plat and zoning application for a planned unit development to divide 15.2 acres into nlne lots for office, retail, warehouse, motel, restaurant, convenience store, bank~type business/commercial uses, and private open space, as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Planned unit Development Chapter of the Bozeman Zoning as well as the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act. In addition, both bodies listened to public testimony concerning the applications, and considered written comments. It appeared to the City Commission that all parties wishing to appear and comment were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding these applications, makes the following Findings of Fact, as required: 1 ~ .- " - IF ; . i. FINDINGS OF FACT I. The applications for the preliminary plat and zoning Planned unit Development of Valley Commons Business Park were submitted on April 29, 1994. The applicant granted an extension of the 60-day review period for the preliminary plat to the City Commission "for as long as is needed to make a decision" on the entire project. The preliminary plat, as proposed, will divide 15.2 acres into nine lots, a private street, and common open space. The zoning Planned Unit Development will allow the B-P, Business Park zoned property to be developed for uses beyond what are listed as principal and conditional uses in a B-P zoning district. II. Notice of the public hearings before the Bozeman City-County Planning Board and Bozeman City Commission was published in the Bozeman Daily Chronicle on June 5, 1994, and the notice was mailed by Certified ma i 1 , return receipt requested, to all adjoining property owners. III. Both the zoning planned unit development and the subdivision planned unit development were heard before the Bozeman City-County Planning Board on June 21, 1994. Six members of the public expressed concerns related to the proposed uses, traffic, and parking issues. 2 - .,... F . I . IV. The Planning Board reviewed the subdivision per the procedures of Section 16.08 of the Bozeman Area Subdivision Regulations and found that the preliminary plat was in accordance with the Bozeman Area Master Plan and Subdivision Regulations. They also reviewed and considered the primary review criteria established in Title 73- 3-608, M.C.A. , 1993. V. The Planning Board reviewed the zonlng Planned Unit Development per the procedures of Chapters 18.53 and 18.54 of the Bozeman Zoning Ordinance. After considering all information, the Planning Board considered the public testimony presented regarding the impact of late-night traffic and noise that could be associated with the development in regard to the adjacent residential neighborhood. The Board found that bars/casinos should not be permitted on any lot, but that restaurants serving alcoholic beverages with lounges could be permitted on Lots 7 , 8 and 9 only. The Board further found that all businesses that border on Fallon Street should be restricted to the business hours of 7 a.m. to 11 p.m. VI. The Planning Board found that with conditions, the subdivision would comply with the primary review criteria, and the Planned unit Development would comply with the PUD and CUP review criteria, and forwarded a recommendation of conditional approval to the Bozeman City Commission in Resolution No. Z-9458/P-9424. 3 :.-,. i' .. 01. , VII. The matter was scheduled to be considered by the Bozeman City Commission at a public hearing on July 5, 1994. The Planning Staff reviewed the project at that time and forwarded the City-County Planning Board's recommendation to the Commission. Due to a power outage that occurred at 8:45 p.m., the public hearing was continued un t i I 7: 00 p. m. , Monday, July 11, 1994. At the continued public hearing on July 11, 1994, fifteen members of the public spoke, including an attorney representing "many of the residents in the immediate area" , expressing the following concerns: 1 ) deterioration of the surrounding residential values; 2) trash accumulation; 3) on-street parking; 4) impact on the existing residential development; 5) traffic circulation patterns and the additional traffic and impact on Yellowstone Avenue, Babcock Street, Durston Road, and the intersection of Ferguson and U.S. 191; 6) property owners purchased property with the knowledge that the property is zoned a-p, and the uses that were allowed in a B-P zone, and that the proposed uses are not allowed in the B-P zone without PUD review; 7) the security of the residential area and the increased potential for crime; 8 ) strip commercial development of U.S. 191; 9 ) lack of compatibility with the Bozeman Area Master Plan; 10) proposed uses; and 11) the potential for bright or flashing neon lights. A petition with approximately 85 signatures and 28 "form letters" opposing the project were submitted. 4 <~I i:" .., , . " The developer distributed a revised list of allowable uses on each lot, noting the changes which had been made from the list submitted in the application. VIII. The public testimony portion of the hearing was closed at the Commission's July 11, 1994 meeting, after it was determined that all those wishing to comment had the opportunity to do so. Due to the volume of information presented to the Commission and the hour of the evening, the Commission delayed making a decision on the project for three weeks. IX. At the August 1, 1994 public meeting, the developer acknowledged the impact this development will have on the traffic of the area, and reviewed a letter from him to the City Commission dated July 25, 1994 which offered to: 1 ) fund the Ferguson/U.S. 191 traffic light 1.n a "payback" relationship with other large acreage land owners along Ferguson Road, and will accept the responsibility to pre-engineer the traffic light so that an approved design is "on the shelf" for installation of the signal as soon as it is warranted by the Montana Department of Transportation; and 2) fund the west 15.5 feet of asphaltic paving of Ferguson Road (2,650 lineal feet) between West Babcock Street and Durston Road in a "payback" relationship with other large land owners along Ferguson Road. 5 '. 1 j, ... x. The City Commission considered the minutes, record and recommendation of the Planning Board, all public comment, and the developer's testimony, and weighed the proposed subdivision against the primary criteria for subdivisions established in Title 76-3- 608, and found as follows: EFFECTS ON AGRICULTURE: The property 1S currently vacant and has been annexed and subdivided for 14 years. The development of the property would eliminate weed concerns, and would not have a negative effect on agriculture. EFFECTS ON LOCAL SERVICES: The City of Bozeman currently provides police and fire protection to the property. Adequate sewer and water capacity is available. The private subdivision streets will be maintained and plowed by the property owner's association, and thus, will not add to the number of streets currently maintained by the City. The subdivision would not create an impact on the Bozeman School District as no residential use is proposed. EFFECTS ON NATURAL ENVIRONMENT: No negative effects on the natural environment were identified. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: No detrimental effects on wildlife or wildlife habitat was identified. EFFECT ON PUBLIC HEALTH AND SAFETY: There will be an effect on the volume of traffic added to the existing street system, particularly to the residential status of South Yellowstone Avenue, and to the volume of traffic on Ferguson Road, Durston Road and West Babcock Street. These effects could be mitigated by requiring: 1) improvements to Ferguson Road north of West Babcock Street and on Durston Road east from Ferguson Road to the existing pavement; 2) traffic circles on Yellowstone Avenue; 3) design and financial participation in the installation of a traffic signal at Ferguson/U.S. 191; and 4) the design of West Babcock Street. 6 .'"' I- " , , . . XI. The City Commission also reviewed the review criteria to be considered during review of Conditional Use Permits for zoning Planned Unit Developments, and found that, with conditions, the development would comply with those criteria. In order to ensure that the uses proposed for the lots within the Valley Commons Business Park are compatible with the surrounding area, the uses allowed on the lots shall be limited as follows: BUSINESS PARK USES ALLOWED ON ALL LOTS: * Administrative and Research Office Facilities * Essential Services (Type 1) * Laboratories, Research and Diagnostic * Professional and Business Offices * Medical Clinics * Technology Research Establishments * Temporary Buildings (for and during construction) * Banks and Financial Institutions * Trade Schools * Day Care Centers * Essential Services (Type 2) * Health and Exercise Establishments LOT #1 - CONVENIENCE CENTER * Retail Auto Fuel (Convenience Store) * Retail Commercial (Convenience Store) LOT #2 - NEIGHBORHOOD RETAIL AND OFFICE CENTER * Barber shop/beauty salon * Book and stationary store * Candy and ice cream parlor * Delicatessen * Florist * Gift shop * Video arcade * Pizza/cafe LOT #3 - OFFICE CENTER * Business Park uses only LOT #4 - OFFICE CENTER * Business Park uses only 7 " , , , LOT #5 - RETAIL/SHOWROOM-WAREHOUSE (NO MORE THAN TWO (2) NON BUSINESS-PARK USES PER LOT) * Antique shop and store * Art gallery/art supply store * Audio visual equipment sales and rental * Bakery and on-site sales * Bicycle sales, service and repair * Book and stationary store * Business and office machine sales, service and repair * Clothing and costume sales and rental * Florist/greenhouse * Furniture store * Hobby and coin shop * Interior decorators shop * Carpet/flooring store * Jewelry and metal craft * Leather goods and luggage store * Lock and key shop * Music and instrument sales * Music or dance studio * Office supply and office equipment store * Paint and wallpaper store * Photo equipment and supply store * Picture framing shop * Radio/television sales and service * Sewing machine shop * Sporting goods store * Toy store * Office services/repro * Wallpaper store * Appliance sales and service LOT #6 - RETAIL/SHOWROOM-WAREHOUSE * Same and Lot #5 LOT #7 - MOTEL AND/OR RESTAURANT, WITH LOUNGE AS ACCESSORY TO RESTAURANT ONLY * Motel and/or restaurant, with lounge as accessory to restaurant only * Same as Lot #5 LOT #8 - RESTAURANT/LOUNGE WITH LOUNGE AS ACCESSORY TO RESTAURANT ONLY * Restaurant * Restaurant with lounge, with lounge only as an accessory to the restaurant LOT #9 - RESTAURANT/LOUNGE WITH LOUNGE AS ACCESSORY TO RESTAURANT ONLY * Restaurant * Restaurant with lounge, with lounge only as an accessory to the restaurant 8 . . XII. Having found that the proposed development met the primary criteria for the Montana Subdivision and Platting Act, and the conditional use permit and planned unit development review criteria of the Bozeman Zoning Ordinance, the Bozeman City Commission, at their August 1, 1994 meeting, voted to approve the preliminary plat and zonlng application for a planned unit development to divide 15.2 acres into nlne lots for office, retail, warehouse, motel, restaurant, convenience store, bank-type business/commercial uses, and private open space, to be known as Valley Commons Business park, subject to the conditions listed below: 1. Seven copies of the Final Site Plan for the planned Unit Development which contains all of the conditions, corrections, and modifications approved by the City Commission shall be approved by the Planning Director within three years following the approval of the preliminary plan by the Bozeman City Commission. Upon application and for good cause, the Planning Director may administratively extend the period for filing a final site plan for two successive six-month periods. Any additional six-month extensions must be approved, if at all, only by the Planning Board. The final site plan shall comply with Section 18.54.060(C) of the Bozeman Zoning Ordinance, as printed in the 9-93 Codification of the Bozeman Municipal Code. The final site plan must be approved prior to Final Subdivision Plat approval. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. These improvements will include the US 191 Pedestrian Path and landscaping within one year of final subdivision plat recording, and the walks, berms and landscape improvements to Valley Commons Park, within three years of final subdivision plat recording. Detailed cost estimates, construction plans and methods of security for on-site improvements shall be made a part of that Agreement. 2. That the Final Subdivision Plat shall conform to the Uniform Standards for Final subdivision Plats, contain all appropriate certificates, page titles, and be accompanied by all appropriate documents, including a Platting Certificate. The Final Subdivision Plat must be approved within three years from the date of 9 . ~ -,' ~ : preliminary approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to the Planning Director for a one year extension. Thereafter, the Ci ty Commission may approve an extension for not more than one additional calendar year. The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the developer's intent to file the Final Subdivision Plat pr10r to the completion of all required subdivision improvements, which includes, but is not limited to, interior streets, curb, gutter, water and sewer, and Ferguson Avenue paving, curb, gutter and sidewalk improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision Plat 1S filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 3. Approval of the Final Subdivision Plat from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must occur prior to Final Subdivision plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. The appropriate review fee for that review must be submitted to the Planning Office so it may be forwarded to the Water Quality Bureau with all other applicable information. 4. The development's Design Guidelines shall be amended as follows and submitted to the Planning Office for approval prior to Final Site Plan approval: a. Submittal & Review Process - #2(c), Final plan Review (paoe 3): Amend last sentence to: "If the building complies with the Master plan as approved by the City of Bozeman, only an in-house review by City Planning, Water, Fire, and Building Departments shall be required." b. Section I. B. 2, ( Paoe 7): Amend fourth paragraph to indicate that interior modifications and/or improvements to existing buildings will require a City of Bozeman Building Permit. c. Section I. B. 3 ( band c), Page 10: Amend these sections to clearly discuss the role of the building envelope and building footprint. d. Section II.A.2, Paqe 12: This section clarifies the need for sight triangles, per the Zoning Ordinance, and 1S duplicative of the Ordinance. It is not necessary to be in the Guidelines, but can remain for clarification, if desired. 10 . c e. Section II.A.3, Paoe 12: This section requlres each structure to provide parking according to the standards established in the PUD Master Plan. This section should be amended to stated "as established by the City of Bozeman". f. Section II.A.5, paoe 14: This section on public terraces should be clarified to be more explicit about the meaning of the work "enhance", by clarifying common materials, axial arrangement, etc. g. Section II.B.4, paoe 16: This section requlres that garbage shall be kept except In sanitary, bearproof containers. Staff questions the need for bearproof containers in the city of Bozeman. h. Section II.B.5, paoe 16: This section on Screen Service Areas should be made more explicit, perhaps by adding "similar/same materials", and that the screens shall be integrated with the building design or designed as a "mini- building" if completely detached. The maximum height of 10 feet seems excessive, without detailing provided for each screen. Could perhaps be something that could be reviewed by the CDR and Staff during building permit review. i. Section II.B.6 and 7, Page 17: An illustration should be used to explain acceptable and unacceptable examples of exterior lighting and site accessorles. The specification that all while or all pale yellow lighting is good. j . Section II.C.3, paoe 19: Should amend last sentence to state that deciduous trees and shrubs should (instead of can) be placed on southern and western sides. A basic idea of how many plants are sufficient should also be incorporated into this section. k. Section II.C.5, Paoe 19: The paragraph with regard to sturdy plant types in the snow storage areas shows good forethought in planning. 1. Section II.C.12, Paqe 22: Installation of common improvements. Page 18 of the Traffic Study (Section IV) states that the developer "will participate in their share of their impacts by" completing curb/gutter and sidewalk along the east edge of Ferguson Avenue, Construction of Valley Commons Drive (including curb/gutter) , pedestrian pathway along US 191, perimeter sidewalks along Fallon Street, and participation in the cost of signalization at US 191 and Ferguson. 11 , ~ ! . The "common improvements" referred to in Section II. C .12 include those in the boulevard of Valley Commons Drive and in the Common Open Space to the south and the Common Open Space easement on Lot 7. This section should be amended to read as follows, to comply with existing city policy: 12.a) City standard sidewalks shall be constructed on all public and private street frontages on each lot prior to occupancy of any structure on the lot. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct said sidewalk for their lot(s), regardless of whether other improvements have been made on the lot. 12.b) Boulevard landscaping shall be installed on all public and private street frontages on each lot ln conjunction with sidewalk installation. 12.c) Common area landscaping shall be installed at the time each lot is developed, or within three years of the plat recordation. 12.d) The park areas shall be installed within three years from the date of plat recordation, or at the time 50 percent of the lots are developed, whichever first occurs. m. Section I I I . B . 1, Paoe 24: In addition to the diagram provided for roof pitches, the narrative should state the roof styles generally accepted. Based on the "wall form" section, a note should be added here that roof forms should visually correlate to the exterior wall forms. n. Section I11.B.3, Page 25: The entry definition generally discusses roof forms and overhangs. Something should be added that the entrys should be emphasized, perhaps through the use of columns, fenestration, materials around the door, overscaled, doors, etc., as examples of types of emphasis. The conflict between the text and the sketch shall be eliminated. o. Section 111.B.4, Paoe 26: This section on skylights and solar collectors appears somewhat ambiguous. It should be noted that skylights and solar collectors "should be designed as an integral part of the structure". p. Section III.B.5, Paoe 26: The Architectural Reviewer has noted that this is a good section!! 12 ill,' -" I'"! q. Section IV.B.1, Paqe 28: A note is made that this section may be too limiting. Areas of masonry in addition to the base of exterior wall surfaces may compliment a structure if an entire massing is covered. However, if it is the developer's intent that masonry may only be used at the base of exterior wall surfaces, that is acceptable. r. Section IV.B.2, Paqe 28: Stone should be added to the list of materials that may be used to finish foundation exposure over 8-inches, to correlate to Section IV.B.1. s. Section IV.B.3, Paqe 29: As in letter "0" above, coverage of an entire massing with stucco would be acceptable with the Architectural Reviewer, but the change is not mandated. t. Section IV.B.4, Paqe 29: Specific examples of the siding should be given, i.e., lap - 6" or less exposure, shiplap, etc. u. Section IV.B.5, Page 30: The second paragraph could be clarified by stating that "No chimney enclosures shall be clad in wood or non-masonry appearinq materials." v. Section IV.C.1, Paqe 31: This section on scale, composition and proportion of exterior windows and doors appears to want distinction between "wall" and "fenestration", and should be clarified to say so. Also, the window and door patterns and reveals should be designed to create interest and variety, not just be "carefully studied". w. Section IV. D. 1 , Paqe 33: This section on porch and balcony design should describe the spatial relationship of porches and balconies to buildings. This relationship is already illustrated, but the text demands compliance; sketches are only viewed as illustrations. The definition should stay in line with the design and architectural standard. x. Section IV.E, Paqe 34: Examples of the earth tones and accent colors should be listed, 1. e. "such as: II. The color scheme shall not eliminate the possibility of strong accent colors, and should not be so limiting that the colors become monotonous. y. Section VI.C, paqe 38 and Section VI.D, Paqe 39: Section C should be redrafted to clarify that signs will be reviewed with the building design and site elements and features for compatibility of size, material, color. Also, a 250 sq. ft. wall-mounted sign which identifies mUltiple tenants in a single building is very excessive. This section must be completely revisited so that a maximum area is designated for these signs (such as 30-40 sq. ft. or a certain percentage of the wall area, like 5%). 13 . " , z . Section D must be reworked, so that there is only 250 sq. ft. (or the lesser of 2% or 1.5 linear feet) of signage total on anyone building. aa. The Design Guidelines narrative shall clarify that street lights, as shown on the Valley Commons Drive Typical Streets cape Section, must be installed at the time Valley Commons Drive is developed. 5. Sidewalk, pedestrian and landscaping improvements, as shown on the final landscape plan, shall be installed per the following schedule. Both the Design Guidelines and the Bylaws for the Valley Commons Owners' Association shall contain the schedule: a) The US 191 Pedestrian Path and Common Open Space area shown on the final site plan shall be completed by the developer within one year ( 1 ) of final subdivision plat recording. The Pedestrian Path shall connect to the path installed or proposed on Lot 3A to the east. b) The sidewalk and landscaping improvements shown on the final site plan for the Open Space Connector Path Easement on the east side of Lot No. 7 shall be completed by the lot owner of Lot No. 7 at the time the property is developed or within three (3) years of final subdivision plat recording, whichever first occurs. c) The walk, berm and landscape improvements in the Valley Commons Park and the perimeter sidewalk/boulevard landscape improvement along Fallon Street adjacent to the Park will be completed by the developer within three years of final subdivision plat recording. d) The perimeter sidewalks/boulevard landscape improvements for Valley Commons Drive, Fallon Street and the Yellowstone Avenue easement shall be completed by each lot owner as each lot is developed, or within five years from final subdivision plat recording, whichever first occurs. e) Standard street lights shall be installed along Fallon Street prior to final plat approval. Street lights, as detailed on the Valley Commons Drive Typical Streets cape Section, shall be installed in conjunction with Valley Commons Drive street improvements. 6 . All water and sewer lines, both existing and proposed, shall be shown accurately on the Final Site Plan. All water and sewer mains, service lines and easements, both existing and proposed, shall be shown on the final landscape plan. All water and sewer line sizes shall be accurately shown on the final site plan. 14 . . . , , The Building Permit plans for each building shall be submitted to the City of Bozeman Water/Sewer Department for review and approval of water service line location and meter-fire line riser location inside of building. 7 . The 10" water main shown on Ferguson Avenue shall be extended to the south property line of this development when the main is extended to serve this development. The maln shall be extended prior to Final Subdivision Plat approval. 8. Ferguson Avenue shall be improved to a full City standard from US 19l to the north side of the intersection of Fallon Street and Ferguson Avenue, including curb, gutter, and sidewalk on the east side of the street, prior to Final Subdivision plat approval. If a meandering sidewalk is proposed along Ferguson Avenue, a pedestrian easement must be provided on the Final Subdivision Plat for all portions of the sidewalk which meander out of the right-of- way. A pedestrian easement must be provided on the Final Subdivision Plat for the pedestrian walk in the Common Open Space adjacent to US 19I. 9. The developer shall fund 15.5 feet of asphalt pavlng on Ferguson Avenue from West Babcock Street to Durston Road, and along Durston Road to the east for a distance of approximately 640 feet. The work shall be completed at the time either property adjoining this section of Ferguson Road is developed, and shall be subject to payback provisions to be established by the City of Bozeman. 10. Plans and Specifications and a detailed design report for water, sewer, and storm drain main extensions, and the public and private streets, prepared by a Professional Engineer (PE), shall be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences (water and sewer only) . The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. II. All infrastructure improvements including 1) water and sewer main extensions, and 2) public and private streets, curb/gutter, sidewalks fronting public streets, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to any building occupancy. No building permits will be issued prior to completion and acceptance of municipal sewer, water, storm sewer, and the public and private infrastructure improvements unless specific phasing plans are accepted and approved by the governing body. 15 .I I I ~ { I ~ 12. The drive approaches into the PUD shall be constructed in accordance with the City's standard approach (i.e. concrete apron, sidewalk section, and drop-curb) and shall be shown as such on the Final Site Plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to Final Site Plan approval. Drive approaches and public street intersections shall be free of plantings which, at mature growth, will obscure vision within the sight triangle. 13. Adequate snow storage areas for each lot shall be designated outside the sight triangles but on the subject properties on the Final Site plan, unless a snow storage easement is recorded for a location off the property. 14. The internal roads shall be shown either as "utility and access easements" or as a "private street" rather than right-of- way, on both the Final Site Plan and on the Final Subdivision Plat. Easements for the water and sewer main extensions, a minimum of 30 feet in width, shall be provided on the Final Subdivision Plat. The utility shall be located in the center of the easement, and shall in no case be less than ten feet from the edge of the easement. 15. The Level of Service evaluation for the intersection of Ferguson Avenue and US 19l, as well as the engineer's basis for the signal warrant, shall be submitted to the City Engineer prior to Final Site Plan approval. 16. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots must be provided to and approved by the City Engineer prior to Final Site Plan approval. While the runoff for the individual lots will be dependent on the intensity of use on each lot, the maXlmum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. The master plan must depict the maximum sized detention or retention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plans shall include sufficient site grading and elevations information (particularly for the basin site and across lot drainage ways) , typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. 16 I>- . 'I" ' , 17. The Montana Department of Health and Environmental Sciences, Water quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. A response from MDHES shall be submitted with the Final Site Plan. 18. The property owner shall provide and file with the Final Subdivision Plat an executed Waiver of Right to Protest Creation of SIDs. The Waivers shall specify that in the event SIDs are not utilized for the completion of these projects, the applicant shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by the square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall include the following improvements, and shall be a covenant running with the land and shall not expire: a) Street improvements to Ferguson Avenue from Fallon Street to durston Road, including paving, curb/gutter, sidewalk, and storm drainage. b) Signalization at US 191 and Ferguson Avenue. 19. If the project is to be phased, the project phasing shall be clearly shown on the Final Site Plan and shall clearly define the phased installation of infrastructure. 20. Stop signs shall be installed on Valley Commons Drive at the intersections of Ferguson Avenue, Yellowstone Avenue right-Of-way, and Fallon Street, as well as all necessary street marker signs, prior to Final Subdivision Plat approval. 21. The existing utility easement between Lots SA and 6A shall be vacated, and appropriate utility easements shall be provided on the Final Subdivision Plat. 22. The Final Subdivision Plat shall contain the following notes: a) Due to the relatively high groundwater table within the subdivision, it is not recommended that structures with full or daylight basements be constructed. If daylight basements are incorporated in the construction of structure, they should not have a depth greater than three feet below the top of the curb of the street from which it is served. b) No Direct Access to Fallon Street will be allowed from Lots 1 through 4. c) No Direct Access to Ferguson Avenue will be allowed from Lot 9. 17 . i ~;, . . , d) No Direct Access to US 191 will be allowed from Lots 5 through 9. 23. The County Weed Control Officer shall approve a Weed Control Plan for the subdivision, and a signed copy of the Plan shall be submitted to the Planning Office prior to Final Subdivision Plat approval. 24. The Design Guidelines and ByLaws for the Owners' Association shall both contain the following, or similar, language: At the time of application for a City of Bozeman Building Permit application, each lot owner shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site and perimeter improvements, as shown on the Final Site Plan. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. If occupancy of the structure or commencement of the use is to occur prior to prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve ( 12 ) months; however, all on- site improvements shall be completed by the lot owner within nine (9) months of occupancy to avoid default on the method of security. 25. That all businesses within the development, with the exception of the motel, shall be restricted to the business hours of 7 a.m. to 11 p.m. 26. Prior to final plat approval, the developer shall provide the City of Bozeman with an engineered design for improvements to West Babcock Street from Fowler Avenue to West Main Street. Aspects to be included in the design shall be verified with the Director of Public Service prior to development of the design. The cost of the design shall be subject to payback provisions to the developer, to be established by the City of Bozeman. 27. The developer shall pre-engineer a traffic light at the intersection of Ferguson Avenue and us 191 in conformance with the requirements of the City of Bozeman and the Montana Department of Transportation prior to final plat approval. The developer shall further guarantee funding of the installation of the traffic light, in a payback relationship, for 50 percent of the total costs, with other large acreage landowners in the area, in a manner acceptable to the City of Bozeman, prior to final plat approval. 18 ;... In ,.. I 28. The developer shall install temporary traffic circles on Yellowstone Avenue at the intersections of Toole Street and Ravalli Street, with the design and location to be reviewed and approved by the Director of Public Service prior to final plat approval. Permanent traffic circles are to be paid for by property owners in the immediate vicinity of the traffic circles, per City policy. 29. That bars/casinos shall not be permitted on any lot. Restaurants serving alcoholic beverages with lounges will be permitted on Lots 7, 8 and 9 only. 30. The right to use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed on the Conditional Use Permit procedure. 31. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; and 32. That all of the special conditions required by the City Commission shall be consented to in writing by the applicant. XIII. The minutes of the August 1, 1994 City Commission meeting were approved by the City Commission on October 3, 1994, at which time the developer was able to review the minutes and the wording of the conditions of approval. Upon that review, the developer requested clarification/reconsideration of Conditions 4.aa, 5.e, 26, and 28. The City Commission considered the developer's request at their November 21, 1994 meeting, and after hearing from Staff on the requested clarification/reconsideration, voted to modify Conditions 4 . aa, 5. e, and 26, and to not modify Condition 28, with the following justification offered: Conditions 4. aa and 5. e: As approved on August 1, 1994, this condition required the developer to install street lights on Valley Commons Drive, a private street, at the time the street is developed. After review of the minutes and their individual notes from the meeting, the Commission agreed that their main interest was insuring that street lights on Fallon Avenue were installed by the developer prior to final subdivision plat approval, and that if 19 . \ ,. 1 street lights were installed by the developer on Valley Commons Driver they may have to be removed during individual lot construction. Thusr Conditions 4.aa and 5.e were modified to read as follows: Condition 4. aa: The Design Guidelines narrative shall clarify that street lights r as shown on the Valley Commons Drive Typical Streetscape Sectionr shall be installed as each lot develops. Condition 5. e: Standard street lights shall be installed along Fallon Street prior to final plat approval. Street lights r as detailed on the Valley Commons Drive Typical Streetscape Sectionr shall be installed as each lot develops. Condition 26: As approved on August 1 r 1994 r this condition required the developer to provide the City of Bozeman with an engineered design for improvements to West Babcock Street from Fowler Avenue to West Main Street. The developer asked that the condition be clarified to ensure that this condition does not require the design to include the intersection of West Babcock and West Main Streetsr as this intersection is being redesigned by the State Department of Transportation. The Commission agreed that the condition could be clarified. Thusr Condition 26 was modified to read as follows: Condition 26: Prior to final plat approvalr the developer shall provide the City of Bozeman with an engineered design for improvements to West Babcock Street from Fowler Avenue to the limits of the Montana Department of Transportation U.S. 191 project on West Main Street. Aspects to be included in the design shall be verified with the Director of Public Service prior to development of the design. The cost of the design shall be subject to payback provisions to the developerr to be established by the City of Bozeman. Condition 28: As approved on August 1 r 1994 r this condition requires the developer to install temporary traffic circles in two locations on Yellowstone Avenue. The developer indicated to the Commission that it was his understanding from the August 1r 1994 meeting that the temporary traffic circles would only have to be installed if the Public Service Director identified a need for them as the Valley Commons Business Park developed. After review of the minutes of the August 1r 1994 meeting and their notesr the Commission found that it was their intent to require the developer to install the temporary traffic circles as a condition of approval r and that the installation was not to be delayed. Thusr Condition 28 was not modified. 20 -- ----- -- .. L- . . . ORDER IT IS HEREBY ORDERED that the preliminary plat and zoning application for a planned unit development to divide 19.2 acres into nine lots for office, retail, warehouse, motel, restaurant, convenience store, bank-type business/commercial uses, and private open space, to be known as valley Commons Business Park, has been found to meet the primary criteria of the Montana Subdivision and Platting Act, and the conditional use permit and planned unit development review criteria of the Bozeman Zoning Ordinance, and is therefore approved, subject to the conditions listed below: 1. Seven coples of the Final Site Plan for the Planned Unit Development which contains all of the conditions, corrections, and modifications approved by the City Commission shall be approved by the Planning Director within three years following the approval of the preliminary plan by the Bozeman City Commission. Upon application and for good cause, the Planning Director may administratively extend the period for filing a final site plan for two successive six-month periods. Any additional six-month extensions must be approved, if at all, only by the Planning Board. The final site plan shall comply with Section 18.54.060(C) of the Bozeman Zoning Ordinance, as printed in the 9-93 Codification of the Bozeman Municipal Code. The final site plan must be approved prior to Final Subdivision Plat approval. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. These improvements will include the US 191 Pedestrian Path and landscaping within one year of final subdivision plat recording, and the walks, berms and landscape improvements to Valley Commons Park, within three years of final subdivision plat recording. Detailed cost estimates, construction plans and methods of security for on-site improvements shall be made a part of that Agreement. 2. That the Final Subdivision Plat shall conform to the Uniform Standards for Final subdivision Plats, contain all appropriate certificates, page titles, and be accompanied by all appropriate documents, including a Platting Certificate. The Final Subdivision Plat must be approved within three years from the date of preliminary approval by the Bozeman City Commission. Prior to the expiration date, the subdivider may submit a letter of request to 21 ," 'i " the Planning Director for a one year extension. Thereafter, the City Commission may approve an extension for not more than one additional calendar year. The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is the developer's intent to file the Final Subdivision plat prior to the completion of all required subdivision improvements, which includes, but is not limited to, interior streets, curb, gutter, water and sewer, and Ferguson Avenue paving, curb, gutter and sidewalk improvements, a Subdivision Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Subdivision plat 1S filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 3. Approval of the Final subdivision Plat from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must occur prior to Final Subdivision Plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. The appropriate review fee for that review must be submitted to the Planning Office so it may be forwarded to the Water Quality Bureau with all other applicable information. 4. The development's Design Guidelines shall be amended as follows and submitted to the Planning Office for approval prior to Final Site Plan approval: a. Submittal & Review Process - #2(c), Final Plan Review (paoe 3): Amend last sentence to: "If the building complies with the Master plan as approved by the City of Bozeman, only an in-house review by City Planning, water, Fire, and Building Departments shall be required." b. Section I. B. 2 , ( Paoe 7): Amend fourth paragraph to indicate that interior modifications and/or improvements to existing buildings will require a City of Bozeman Building Permit. c. Section I.B.3(b and c), Page 10: Amend these sections to clearly discuss the role of the building envelope and building footprint. d. Section II.A.2, Paoe 12: This section clarifies the need for sight triangles, per the Zoning Ordinance, and is duplicative of the Ordinance. It is not necessary to be in the Guidelines, but can remain for clarification, if desired. 22 ... Iii"'" " . , e. Section II.A.3, Paae 12: This section requlres each structure to provide parking according to the standards established in the PUD Master Plan. This section should be amended to stated "as established by the City of Bozeman". f. Section II.A.5, Paae 14: This section on public terraces should be clarified to be more explicit about the meaning of the work "enhance", by clarifying corrunon materials, axial arrangement, etc. g. Section II.B.4, Paae 16: This section requires that garbage shall be kept except in sanitary, bearproof containers. Staff questions the need for bearproof containers in the City of Bozeman. h. Section II.B.5, Page 16: This section on Screen Service Areas should be made more explicit, perhaps by adding "similar/same materials", and that the screens shall be integrated with the building design or designed as a "mini- building" if completely detached. The maximum height of 10 feet seems excessive, without detailing provided for each screen. Could perhaps be something that could be reviewed by the CDR and Staff during building permit review. i. Section II.B.6 and 7, Paae 17: An illustration should be used to explain acceptable and unacceptable examples of exterior lighting and site accessories. The specification that all while or all pale yellow lighting is good. j . Section II.C.3, Paae 19: Should amend last sentence to state that deciduous trees and shrubs should (instead of can) be placed on southern and western sides. A basic idea of how many plants are sufficient should also be incorporated into this section. k. Section II.C.5, Paae 19: The paragraph with regard to sturdy plant types in the snow storage areas shows good forethought in planning. 1. Section II.C.12, Paae 22: Installation of corrunon improvements. Page 18 of the Traffic Study (Section IV) states that the developer "will participate in their share of their impacts by" completing curb/gutter and sidewalk along the east edge of Ferguson Avenue, Construction of Valley Corrunons Drive (including curb/gutter), pedestrian pathway along US 191, perimeter sidewalks along Fallon Street, and participation in the cost of signalization at US 191 and Ferguson. 23 o 'f,. '. , . The "common improvements" referred to in Section II. C .12 include those in the boulevard of Valley Commons Drive and in the Common Open Space to the south and the Common Open Space easement on Lot 7. This section should be amended to read as follows, to comply with existing city policy: 12.a) City standard sidewalks shall be constructed on all public and private street frontages on each lot prior to occupancy of any structure on the lot. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct said sidewalk for their lot(s), regardless of whether other improvements have been made on the lot. 12.b) Boulevard landscaping shall be installed on all public and private street frontages on each lot in conjunction with sidewalk installation. 12.c) Common area landscaping shall be installed at the time each lot is developed, or within three years of the plat recordation. 12.d) The park areas shall be installed within three years from the date of plat recordation, or at the time 50 percent of the lots are developed, whichever first occurs. m. Section II1.B.1, Paqe 24: In addition to the diagram provided for roof pitches, the narrative should state the roof styles generally accepted. Based on the "wall form" section, a note should be added here that roof forms should visually correlate to the exterior wall forms. n. Section II1.B.3, Paqe 25: The entry definition generally discusses roof forms and overhangs. Something should be added that the entrys should be emphasized, perhaps through the use of columns, fenestration, materials around the door, overscaled, doors, etc. , as examples of types of emphasis. The conflict between the text and the sketch shall be eliminated. o . Section III.B.4, Paqe 26: This section on skylights and solar collectors appears somewhat ambiguous. It should be noted that skylights and solar collectors "should be designed as an integral part of the structure". p. Section III.B.5, Paqe 26: The Architectural Reviewer has noted that this is a good section!! 24 ) f'" "/,,, ... ~ l' q. Section IV.B.l, Paqe 28: A note is made that this section may be too limiting. Areas of masonry in addition to the base of exterior wall surfaces may compliment a structure if an entire massing is covered. However, if it is the developer's intent that masonry may only be used at the base of exterior wall surfaces, that is acceptable. r. Section IV.B.2, Paqe 28: Stone should be added to the list of materials that may be used to finish foundation exposure over a-inches, to correlate to Section IV.B.l. s. Section IV.B.3, Page 29: As in letter "0" above, coverage of an entire massing with stucco would be acceptable with the Architectural Reviewer, but the change is not mandated. t. Section IV.B.4, Page 29: Specific examples of the siding should be given, i.e., lap - 6" or less exposure, shiplap, etc. u. Section IV.B.5, Paqe 30: The second paragraph could be clarified by stating that "No chimney enclosures shall be clad in wood or non-masonry appearinq materials." v. Section IV.C.1, Paqe 31: This section on scale, composition and proportion of exterior windows and doors appears to want distinction between "wall" and "fenestration", and should be clarified to say so. Also, the window and door patterns and reveals should be designed to create interest and variety, not just be "carefully studied". w. Section IV. D.l, Paqe 33: This section on porch and balcony design should describe the spatial relationship of porches and balconies to buildings. This relationship 1S already illustrated, but the text demands compliance; sketches are only viewed as illustrations. The definition should stay in line with the design and architectural standard. x. Section IV.E, Paqe 34: Examples of the earth tones and accent colors should be listed, i. e. "such as: ". The color scheme shall not eliminate the possibility of strong accent colors, and should not be so limiting that the colors become monotonous. y. Section VI.C, paqe 38 and Section VI.D, Paqe 39: Section C should be redrafted to clarify that signs will be reviewed with the building design and site elements and features for compatibility of size, material, color. Also, a 250 sq. ft. wall-mounted sign which identifies multiple tenants 1n a single building is very excessive. This section must be completely revisited so that a maximum area is designated for these signs (such as 30-40 sq. ft. or a certain percentage of the wall area, like 5%). 25 ~ ", . (6, z. Section D must be reworked, so that there lS on~y 250 sq. ft. (or the lesser of 2% or 1.5 linear feet) of slgnage total on anyone building. aa. The Design Guidelines narrative shall clarify that street lights, as shown on the Valley Commons Drive Typical Streetscape Section, must be installed at the time each lot is developed. 5 . Sidewalk, pedestrian and landscaping improvements, as shown on the final landscape plan, shall be installed per the following schedule. Both the Design Guidelines and the Bylaws for the Valley Commons Owners' Association shall contain the schedule: a) The US 191 Pedestrian Path and Common Open Space area shown on the final site plan shall be completed by the developer within one year ( 1 ) of final subdivision plat recording. The Pedestrian Path shall connect to the path installed or proposed on Lot 3A to the east. b) The sidewalk and landscaping improvements shown on the final site plan for the Open Space Connector Path Easement on the east side of Lot No. 7 shall be completed by the lot owner of Lot No. 7 at the time the property is developed or within three (3) years of final subdivision plat recording, whichever first occurs. c) The walk, berm and landscape improvements in the Valley Commons Park and the perimeter sidewalk/boulevard landscape improvement along Fallon Street adjacent to the Park will be completed by the developer within three years of final subdivision plat recording. d) The perimeter sidewalks/boulevard landscape improvements for Valley Commons Drive, Fallon Street and the Yellowstone Avenue easement shall be completed by each lot owner as each lot is developed, or within five years from final subdivision plat recording, whichever first occurs. e) Standard street lights shall be installed along Fallon Street prior to final plat approval. Street lights, as detailed on the Valley Commons Drive Typical Streets cape Section, shall be installed as each lot develops. 6 . All water and sewer lines, both existing and proposed, shall be shown accurately on the Final Site Plan. All water and sewer mains, service lines and easements, both existing and proposed, shall be shown on the final landscape plan. All water and sewer line sizes shall be accurately shown on the final site plan. 26 ..... *' "'/.t" ".." The Building Permit plans for each building shall be submitted to the City of Bozeman Water/Sewer Department for review and approval of water service line location and meter-fire line riser location inside of building. 7. The 10" water main shown on Ferguson Avenue shall be extended to the south property line of this development when the main is extended to serve this development. The main shall be extended prior to Final Subdivision Plat approval. 8. Ferguson Avenue shall be improved to a full City standard from us 191 to the north side of the intersection of Fallon Street and Ferguson Avenue, including curb, gutter, and sidewalk on the east side of the street, prior to Final Subdivision Plat approval. If a meandering sidewalk is proposed along Ferguson Avenue, a pedestrian easement must be provided on the Final Subdivision Plat for all portions of the sidewalk which meander out of the right-of- way. A pedestrian easement must be provided on the Final Subdivision Plat for the pedestrian walk in the Common Open Space adjacent to US 191. 9. The developer shall fund 15.5 feet of asphalt paving on Ferguson Avenue from West Babcock Street to Durston Road, and along Durston Road to the east for a distance of approximately 640 feet. The work shall be completed at the time either property adjoining this section of Ferguson Road is developed, and shall be subject to payback provisions to be established by the City of Bozeman. 10. Plans and Specifications and a detailed design report for water, sewer, and storm drain main extensions, and the public and private streets, prepared by a Professional Engineer (PE), shall be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences (water and sewer only). The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruct ion conference has been conducted. 11. All infrastructure improvements including 1) water and sewer main extensions, and 2) pUblic and private streets, curb/gutter, sidewalks fronting public streets, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to any building occupancy. No building permits will be issued prlor to completion and acceptance of municipal sewer, water, storm sewer, and the public and private infrastructure improvements unless specific phasing plans are accepted and approved by the governing body. 27 - -------------- --- A...,""I"~ '~..80. . . 12. The drive approaches into the PUD shall be constructed in accordance with the City's standard approach (i.e. concrete apron, sidewalk section, and drop-curb) and shall be shown as such on the Final Site Plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to Final Site Plan approval. Drive approaches and public street intersections shall be free of plantings which, at mature growth, will obscure vision within the sight triangle. 13. Adequate snow storage areas for each lot shall be designated outside the sight triangles but on the subject properties on the Final Site Plan, unless a snow storage easement is recorded for a location off the property. 14. The internal roads shall be shown either as "utility and access easements" or as a "private street" rather than right-of- way, on both the Final Site Plan and on the Final Subdivision Plat. Easements for the water and sewer main extensions, a minimum of 30 feet in width, shall be provided on the Final Subdivision Plat. The utility shall be located in the center of the easement, and shall in no case be less than ten feet from the edge of the easement. 15. The Level of Service evaluation for the intersection of Ferguson Avenue and US 191, as well as the engineer's basis for the signal warrant, shall be submitted to the City Engineer prior to Final Site plan approval. 16. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots must be provided to and approved by the City Engineer prior to Final Site Plan approval. While the runoff for the individual lots will be dependent on the intensi ty of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. The master plan must depict the maximum sized detention or retention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plans shall include sufficient site grading and elevations information (particularly for the basin site and across lot drainage ways), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. 28 ": ~.. .. /II. . . . 17. The Montana Department of Health and Environmental Sciences, Water quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. A response from MDHES shall be submitted with the Final Site Plan. 18. The property owner shall provide and file with the Final Subdivision Plat an executed Waiver of Right to Protest Creation of SIDs. The Waivers shall specify that in the event SIDs are not utilized for the completion of these projects, the applicant shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by the square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. Said Waiver shall include the following improvements, and shall be a covenant running with the land and shall not expire: a) Street improvements to Ferguson Avenue from Fallon Street to durston Road, including paving, curb/gutter, sidewalk, and storm drainage. b) Signalization at US 191 and Ferguson Avenue. 19. If the project is to be phased, the project phasing shall be clearly shown on the Final Site Plan and shall clearly define the phased installation of infrastructure. 20. Stop signs shall be installed on Valley Commons Drive at the intersections of Ferguson Avenue, Yellowstone Avenue right-of-way, and Fallon Street, as well as all necessary street marker signs, prior to Final Subdivision Plat approval. 21. The existing utility easement between Lots SA and 6A shall be vacated, and appropriate utility easements shall be provided on the Final Subdivision Plat. 22. The Final Subdivision Plat shall contain the following notes: a) Due to the relatively high groundwater table within the subdivision, it is not recommended that structures with full or daylight basements be constructed. If daylight basements are incorporated in the construction of structure, they should not have a depth greater than three feet below the top of the curb of the street from which it is served. b) No Direct Access to Fallon Street will be allowed from Lots 1 through 4. c) No Direct Access to Ferguson Avenue will be allowed from Lot 9. 29 . ,.....,1. ."..,. . . . d) No Direct Access to US 191 will be allowed from Lots 5 through 9. 23. The County Weed Control Officer shall approve a Weed Control Plan for the subdivision, and a signed copy of the Plan shall be submitted to the Planning Office prior to Final Subdivision Plat approval. 24. The Design Guidelines and ByLaws for the Owners' Association shall both contain the following, or similar, language: At the time of application for a City of Bozeman Building Permit application, each lot owner shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site and perimeter improvements, as shown on the Final Site Plan. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. If occupancy of the structure or commencement of the use is to occur prior to prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on- site improvements shall be completed by the lot owner within nine (9) months of occupancy to avoid default on the method of security. 25. That all businesses within the development, with the exception of the motel, shall be restricted to the business hours of 7 a.m. to 11 p.m. 26. Prior to final plat approval, the developer shall provide the City of Bozeman with an engineered design for improvements to West Babcock Street from Fowler Avenue to the limits of the Montana Department of Transportation U.S. 191 project on West Main Street. Aspects to be included in the design shall be verified with the Director of Public Service prior to development of the design. The cost of the design shall be subject to payback provisions to the developer, to be established by the City of Bozeman. 27. The developer shall pre-engineer a traffic light at the intersection of Ferguson Avenue and US 191 in conformance with the requirements of the City of Bozeman and the Montana Department of Transportation prior to final plat approval. The developer shall further guarantee funding of the installation of the traffic light, in a payback relationship, for 50 percent of the total costs, with other large acreage landowners in the area, in a manner acceptable to the City of Bozeman, prior to final plat approval. 30 - .,4, ~ . - , 28. The developer shall install temporary traffic circles on Yellowstone Avenue at the intersections of Toole Street and Ravalli Street, with the design and location to be reviewed and approved by the Director of Public Service prior to final plat approval. If permanent traffic circles are to be installed, the costs are to be paid for by property owners in the immediate vicinity of the traffic circles, per City policy. 29. That bars/casinos shall not be permitted on any lot. Restaurants serving alcoholic beverages with lounges will be permitted on Lots 7, 8 and 9 only. 30. The right to use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed on the Conditional Use Permit procedure. 31. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; and 32. That all of the special conditions required by the City Commission shall be consented to in writing by the applicant. The Developer shall have three years from the date of this approval, to complete the above conditions and apply for final site plan and final subdivision plat approval, unless an extension is granted and approved. DATE OF APPROVAL: November 28 , 1994. BOZEMAN CITY COMMISSION ATTEST: APPROVED AS TO FORM: ~sut& the Commission 31