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HomeMy WebLinkAbout06- Legends at Bridger Creek II Annexation Agreement (2) LEGENDS AT BRIDGER CREEK II ANNEXATION AGREEMENT THIS AG II BEMENT" made and entmd mto tlm J&tb day of JCLn 1.'-';1/'1-' ZOO", by and between the CITY OF BUZEMAN, a muntClpal corporation and pohtical suhdlvlslOn of the State of Montana, Wlth offices at 411 East MaIn Street, Bozeman, Montana 59771-123U, hereInafter referred to as "City", and Edgefield, LLC, 430 N Ryman, 2nd Floor, Missoula, MT 59806, Paul Rugheimer, 506 Oxford Drive, Bozeman, MT 59715, Peter Rugheimer, 1404 Story Mill Rd, Bozeman, M'f 59715, and Mary Wictor, 408 208th Ave NE, Sammami!lh, WA 98074-6959 heremafter referred to as "} Jandowner" WITNESSETH; WHEREAS, the Landowner lS owner In fee of a tract of certain real property, hcrelIlafter referred to as the "LEGENDS AT nRID(~ER CREEK II ANNEXATION", Sltuated ltl Gallatin County, Montana, and more particularly described as follows T .ots 27 -28, Mount Baldy SUhc!lvlslOn and Tract 2 of recorded plat lnl iilml2, Page 825, and sltuated mthe NEl/4, S\XTl/4 & NW1/4, SE1/4 ofSectlOn 32, TIS, IUlE, PMM, Gallatln (:ounty, Montana. SaHl tract contams 57.29 acres, rnore or less, along with and subject to all casements of record or apparent on the ground. \X/IIEREAS, the Landowner has petltloned the Clty for ~U1nexat1on of the contiguous tract; and WHEREAS, the LEGHNDS AT RRIDGER CIU'~I':(<", IT ANNEXATION lS not wlthln thL corporate hmlts of the CIty or other mutUclpahty but IS contiguous to the Clty and may therefore be annexed to the eny m accordance Wlth the provlSlons of thls Agreement and M (:.A Title 7, Chapter 2, Part 43 WHEREAS, all parties recogr11ze that the annexa lion of the I EGENUS A'I' BRIDGER CR F<~EK II ANNEXATION pursuant to Sectlon 7-2-4301, et seq , M.C.A., will entItle the sald property to Cltv servIces, lllcludmg mUnlClpal water and sewer serVlce., upon then avatlahihty; and I LEGENDS AT RRIDCiEg CREEK II ANNEXATION ACiREI::.Mf'NT I I WHEREAS, M.C.A. Section 7 -2-4305 provides that a municipality and landowner can agree to the provision of services to the area to be anncxcd; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowner wishcs to convey to the City certain watcr rights or take some equivalent action to provide water and sewer service to the LEGENDS AT TIRTDGER CREEK IT ANNEXATION; and WHEREAS, all parties recogni?;e that the development of thcLEC FNDS AT TIRTDCER CREEK II ANNEXATION will impact Story Iv1ill Road and Bridger Drive, and will require additional public street improvemcnts for traffic circulation; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traHie circulation for development ncar and within the LEGENDS AT BRIDGER CREEK IT ANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate watcr supply and traffic system by the City is necessary and of mutual advantage to the parties hercto; and \'VHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety and welt~lte of the community to enter into and implement this Agreement. TN CONSTDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals arc true and correct. I LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT 2 I 2. Annexation The Landowner ftled an application for annexation of the I JE(~ENDS AT BRIDGER CREEK 11 ANNEXATION with the City. The City, onJune 20,2005, adopted a Resolution oflntent to Annex the LEGENDS AT BRIDGER CREEK IT ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the LEGENDS AT BrUDGER CIUmK II ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the U':GENDS ATBRID(~ER CREEKIl ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation of the LEGENDS AT BrUDGER CREEK II ANNEXATION tract to the City. 3. ServiceR Provided The City will, upon annexation, make available only existing City services to the extent currently available, including municipal water service, municipal sewer service, po]jce protection, and fire protcction, to the LEGENDS A'f BRIDGER CREEK II ANNEXKrTON, as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in tlus Agreement shall be the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the LEGENDS AT BRIDGER CREEK 11 ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the LE(~ENDS AT BlUDGER CllliEK II ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or I LEGENDS AT HRTDGER CREEK II ANNEXA nON AGREEMENT :J I development charges whieh may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities r<:quired to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the tim<: of development. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agrecment shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of neccssary improvements at any cost to the City for collection of sewage at and within the LEGENDS AT BRIDCER CllliEK II ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right..of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the LEGENDS AT BRIDCER CREEK TI ANNEXATION to include, but not limited to, any im.pact fees, hookup, connection, or development charges which may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may he in effect at the tin1.e of development. 6. Water Rights The parties acknowledge the following City policy: Prior to annexation of property, it shall be the j)()li~y ~f tlx City oj Hozeman to acquire u.wble lWJter fi;r,ht.r, or {In appropriateIee in lieu thereol; equal to the anticipated avm~ge annual con.lllmjJtion ~r)IJater ky midmts and/ or user.r ~jthe property whenji,l!y developed The fie mt!y be used to acquire water fi;ghts orIor imprO/lements to the water system which would create additional water suPPlY capacity. Except, however, fhatjor any annexa/ion in exceH of tell (1 0) aCreJ~ thi.r poliry shall be mrried out prior tojinal plat approMI of each dellelopment phase. Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996 The LEGENDS AT BRIDGER CREEK II ANNEXATION consists of approxirnately 57.29 acres. I LEGENDS AT BRIDGER CREEK 1.1 ANNEXATION AGREEMENT 4 The Landowner undcrstands and agrees that they must provide sufficicnt water tights 1rl accordance with the City's policy according to the following schedule: LEGEND8A T BRIDGER CREEK II ANNEXA TION, consisting of a total of 57.29 acres, sball provide water rights ot ca...b-in-lieu at MedmeMeFm~Pmt~submiued The Landowner shall provide sufficient cash..in-lieu as calculated by the City in accordance with its policy at the timc of calculation. The Landowner further understands that the City will calculate the average annual diversion requiremcnt necessaty to provide watcr to this annexation tract on the basis of the ?:oning designation and/or City-approved development for the property at the time such calculation is made. 7. ComprehenNiveWater and Sewer Design Report Prior to future development of the property, the I ,andowner shall have prepared by a Professional F.:ngineer, at Landowner's expense, a comprchensive design report evaluating existing capacity of sewer and water utilities. The report must includc hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to servc the full devcloptnent of the land. If adequate water and/ or sewer capacity is not available for full developmcnt, the report must identify necessaty water systcm and sewer systetn improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Development Landowner understands and agrees that adequatc municipal services and facilities are not currently available to mueh of the area proposed for annexation, and that thctc is no right, cither granted or implicd hy the City, for the Landowner to develop any of the U':CENDS AT BRIDGER CIUml< rT ANNEXATION until it is verified hy the City that necessary municipal scrvices and facilitics, including but not limited to policc and firc protection and road improvements, arc available to all or a portion of the LEGENDS AT BRID(~ER CREEK 11 ANNEXATION. I LEGENDS AT BRIDGER CREEK II ANNEXAJ.10N AGREEMENT 5 The Landowner understands that the following additional terms are required for the future development of the property: a. The future development proposal for the property shall include a minimum 20 foot wide right of way along the south property line adjacent to the Mount Baldy Subdivision to match alignment with that proposed in Creekwood Subdivision. b. The trail along Bridger Creek needs to be constructed so that it will connect with thc trail in the subdivisions adjoining Legends at Bridger Creek IT on the east and on the west. c. The parkland in the subdivision shall be designcd to be contiguous with parklands in the adjoining subdivisions. d. No fences shall be allowed in or hetween parklands or public open spaces. 9. Impact Fees Landowner(s) hereby acknowledge that annexation and development of their property will impact the City's existing street, water, and sewer infrastructure, and fire service requirements. Landowners shall pay to the City Fire and Street Impact Fees for any existing structures within the Tract prior to or at the time of Landowncrs' cxecution of this Agreement. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicahle water and sewer impact fees for any existing structures within the Tract. At the time of any further developmcnt on the properties, the landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees requirecl by chapter 3.24, Bo?:eman Municipal Code, or as amendcd, at the tirne of application for any permit listed in Section J.24.050A, 3.24.060A, 3.24.070A, or J.24.080A, respectively Landowners further understand and agree that any improvements, either on- or off-site, necessmy to provide connection of LEGENDS AT BlliDGER CREEK n Tract to municipal services which are wholly attributable to the property arc "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are nor eligible for impact f<:e credits. I LEGENDS AT BRIDCiER CREEK II ANNEXATION AGREEMENT 6 I If Landowner shall default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to Landowner of such default, City may at their option: A. Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowner for the collection of such sums, including the entry of any judgment. In addition, the City may, at its option, enforce paYl11.ent of such amounts by levying an assessment on the premises. H. Elect any other remedy availahlc to City under the laws of the State of Montana. c:. Any waiver by City of any default shall not be construed as a waiver of any subsequent default. D. Landowner(s) hereby acknowledge and agree that it shall be no defense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. T t is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such fees as specified above, in the amounts calculated for all such fees based upon the rates established at the date of this agreement. 10. Stocmwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the LEGENDS AT BRIDGER CREEK II ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from thc public streets must be provided to and approved by the City Engineer at the timc of any future development. The master plan must depict thc maximum sized retention/ detention basin location ancllocate and provide casements for adcllliate drainage ways within the area to transport runoff to the stormwater receiving channel(s)- The plan shall include site grading I LEGENDS AT BIUDGER CREEK Tl ANNEXATION AGREEMEN-I 7 and elevation information, typical stonnwater detention/ retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 11. Traffic Analysis Report Landowner may be relluired to provide a detailed Traftlc Analysis Report(s) at the Lime of future development of any portion of the annexed property. 12. Waiver of Right-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation ofSpeciallmprovelnent Districts for slreet improlJements, indudin/!, pavinJl" curb /gutter, sidewalk, and Jlorm drain(~ge appllrlenmlces 10 Slory Mill Rd and T3ridJ',eT f)nlJe and s~gnalizalion o/tbe interset/ion 0/ Story Mill Rd and Brid,ger Drive; and have further executed a If/ailJer o/RZ!!,bl-to-Protest Creation ojjpetial Parks Mainlenance f)i.r/ridJ. Said Waivers arc attached hereto as Exhibits A and B. In the event an SID is not utili'Zed for the completion of these improvements, the developer agrees to participate in an alternative 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 form the development, or a combination thereof. 13. Parks. Open Space and Trails Landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 C'ommtmity Plan, any contiguous parks, open space, and/ or trails shall bc cxtended to the annexed property, and a Master Plan of said parks, open space and trails shall be provided. Said Master Plan i:; attached hercto as Exhibit C. 14. Diversity Landowner understands and agrees that to achieve the goals and objectives set forth in thc Hozeman 2020 CotJt11/fmity Plan, a diversity of housing types shall bc provided, and a Master Plan of the diversity of housing types shall be provided. Said Master Plan is attached hereto as Exhibit D. I LEGENDS AT I31UDGER CREEK II ANNEXATION AGREEMENT R 15. Urban Design T Jandowncr acknowledges and agrees that that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for developmcnt of the propcrty that addresses compatibility with, and sensitive to, the immediate environment of thesitc and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided. Said Master Plan is attached hereto as Exhibit E. 16. Wetlands The Landowner acknowledges and agrees that prior to annexation, boundary detcrminations shall be prepared for all wetlands on the property to be anncxed. Said map is attached hereto as Exhibit F. 17. Utility Easements Landowner understands and agrees that utility easements, a minimum of 30 feet in width, will bc necessary for the installation and maintenance of watcr and sewer utility services to the annexed parcel. Thc Landowner sh~Jl create such easemcnts in locations agreeable to the City during the appropriate development procedure, but in no event latcr than thc filing of any final plat or site plan or issuance of a building permit on any of thc parcels. 18. Additional Terms of Waivers Thc parties recognize that thesc documcnts shall bc filed and of record with the Callatin County Clerk and Recordcr prior to the sale of any land within the LEGENDS AT BRIDCER CREEl< IT ANNEXATION- The parties further agree that the City may filc these documents at any time. I LEGENDS AT BIUDGER CREEK II ANNEXATION AGREEMENT 9 19. Governine Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. Tn the event of litigation conccrning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 20. Attorney's Fees Tn the event it becomcs necessary for either party to this Agreement to retain an attorney to enforcc any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fecs and costs, to include the salary and costs of in-house counsel including City Attorney. 21. Waiver No waiver hy either party of any breach of any term, covenant or agreement shall be deemed a waiver of thc same or any subsequent hreach of this same or any other tem1, covenant or agreement. No covenant, term or agreement shall bc deemed waived by either party unless waived in writing. 22. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceahlc provision were omitted. 23. Modifications or Alteratiuns No modification or amendment of this Agreement shall bc valid unless evidenced by a writing signed by the partics hereto. 24. No Assignment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. I LEGENDS AT l3IUDGER CREEK II ANNEXATION AGREEMENT 101 25. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by thc parties hereto and their respective heirs, successors and assigns. 26. Covenants to Run with the Land The parties intend that the terms of this Agrcemcnt shall be covenants running with the hUld and shall not expire at their deaths or upon transfer of owncrship of the property. The undersigned Landowners affirms that they have authority to enter into this Agreement on behalf of their partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LANDOWNER B . J. Patrick Corrick Edgefield, LL,C STATE Of MONTANA ) :ss COUNTI.' OF MISSOULA) On this -% day of ::r;J1.n .itA~ ,2006, before me, the undersigned, a Notary for the State of Montana, personally appeared 1. Patnck Cornck, known to me to be the (print title here)of hdgefield. T,J ,C the company that executed the within instrument, and acknowlcdgcd to me that she executcd the same for and on behalf of said company. IN \XfTTNESS WHEREOF, I have hereunto set my hand and affixed my J\iotarial Seal the day and year first above written. (SE~\\'IlI""11 '!\.\\\ lA. 11. I///, ~ 't'3-........~to-...~ ~~ 'It' .' 'r'I'- ~ .........;r..- .Y. ..... ~. :~OTARJ.d ~"~ ~ ~ . ~ ~~. ~ ~ f SEAL ~ ~ .... . . -- ~ . . ~ ~ ,;n..~ .. ~ ~v~ '. .' Cl)'~ ~ Q) ". .' <Qo~ ~ te ........ ~lb> ~ '////. O.fM01).",,' 1/111111I"'\\\ I LEGENDS AT BRIDGER CREEK II ANNEXATION AGREEMENT (printed Name I lere) Y"e ~ Notarv Public for the State of Montana Residi~g at ((1-,., iu",/o<- , MO/?lna My Commission EXPiresOw;/'~ CXl9 (Li se 4 digits for expiratioIl yea ,) 111 LANDOWNERS: fJ_~~ By: Paul Rughclmer Property Owner STATE OF MONTANA ) :ss COUNTY OF GALLATIN) On this / ;;l, day of \Tan L--<- at- '1 ,200(), before me, a Notary Public for the State of Montana, personally appeared Paul Rugheitner; known to he the person whose name is subscrihed to the within instrument and acknowledged to me that he executed the same. IN \V'ITNESS WHEIU~Ol<, I have hereunto set my hand and affixed my official seal the day and year first above written. \\\111111 \\\ r\OLr II (SE~_)\). . . . . .G-9/'> --. ,"".. . (' ...- "c'. . L-..-' :...' .-:/: ,0\ P.R/4C. \1'1::' --__ \-1. . .- ~. .- ..".- ~1<". SEAL::~~ / 1"'-,. . ~........ ..-' lJ'" . . . . A'\'- ," "'> /-1' ... ~.'" ... /lllt:'OF~O'\,,, 1111111\\\ ( ~:lW( t-~/[,'. t(P--c-.t~'.J2-{f~ Pnnlecl Name Here /.....l/v1a D. 1ft) f1j ((-'t/ c-.. Notary Public for the State of Montana "- Residing at /:-)02.?/h ~,"" Vwr My Commission Expires: 0'7 ({), ( ,,2.0 O:S" I LEGENDS AT BRIDGER CREEK" ANNEXA nON AGREEMENT 121 LANDOWNERS: ~'"~v~~ By: a Wictor Property Owner STATE OF WASHINGTON) :ss COUNTY OF KING IJ- "f- On this ',-,~ day of ~-1 ~ ,2006, before me, a Notary Public for the State of Washington, personally appeared or, known to be the person whose name is subscrihed to the within instrument anMcknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public State of Washington JEANETTE 0, GREENFIELD My Appointment Expires Dee 26. 2007 D /-If {V( Ij Printed Name er Notary Puhlic for the State of Washington nj, ,,-,' , A Residing at \L:D /J? /IU' /!u';'/J( _ )0 q- My Commission Expi~~*:c.r""""--I.L..<' :2 Ii 2../i(Ji:, I LEGENDS AT BRIDGER CREEK II ANNEXA nON AGREEMENT 131 LANDOWNERS: I//~"-) . / ./ / '\ '\ r"-- '" 'v\..C!..J I/V__i.~../ By: Peter Rugheimer Property Owner STATE ()li MONTANA :ss COUNJY OF GALLATIN) ( I , I \'7 ( ~ 10 L I On this I ~ day of -=r Q. V\...J ,2006, before mc, a Notary Public for the State of Montana, personally appeared Peter Rugheimer, known to be the person whose name is subscribed to the within instmment and acknowledged to me that he executed the same. IN WITNESS WI [FREOF, T have hereunto set my hand and affixed my official seal the day and year tlJ;.ililMeM' written. "",,~ . 0 S C 'II~,;,,- 1"~'~ \\\,,:, r - , ~I;. Jt:,~-It ~'l. \ ,\. l!",IIIIII.""""~ ~/A ~ ,<..' ':::{'~.'-' "~ -"v,"'", ~~.r;:3". :~". '~1.'~0 ~~e "'C~~ 1:. ~,::r ~ ,"...... ...: '( f" T ~- iJ ,V_~~;~l~, ~t \ ~ ~ (:t~:~n .l\L :. ~ ~ ~~ ~J l:..-,.r ~ I : ~ :'{ off,- :,f $ -'?;\, (f~><o '" .t'~~,:,:l '\,. -9 ,,~.......... ,', tt-,/J.~' ";';'l ' L 0;:: MQ\< '$~~ -t;;,.~/I4t'lu;ni~ ni,\'I\l\\\\\"'!\~ I LEGENDS AT BRIDGER CREEK II ANNEXATION ACiREEMENT ~.... r~' )( "" - -, .<\ '''.. ..... ( ~~~~ "--~~-'-'A-~'~ Printed Na~e ~lerE' (C\:'1..\~\f- ~). Co d&~i ....1.-\ Notary Public tor the State ot Montana Residing at tJ)j;.lS'(4 (\LQ iN M C ., E' C< \ "rn~ y onUIllSSlOn 'xplres:---1.:~....::-d"-~' 141 ~,~ By: Chris Kukulski, City Manager STATE OF MONT ANA :ss COUNlY CW GALLATIN) On the ~ day of () c,f r') 6 t; r, 2006, before me, a Notary Public for the State of Montana, personally appeared CI IRIS KUKULSKI ^ND~ri'" M.,t>J )e...,Nct" " known to me to be the City Manager and C i.M G ~ ~ respectively, of the City ofHozeman, whose names are subscribed to the within instrument and acknowledged to lTIe that they executed the same for and on behalf of said City. fN WITNESS WHEIUi,OF, I have hereunto set my hand and affixed my seal on the day and year first written above. Itlll" :7{ ~I , ~- ~\" ~~ BEA~I'~ ("eal) ..o'::S ,0 .' . . ~ .. ? l",.1 ( ;$ ~.J- .. .. '" .....~ L................=.- .......- !(C-,'" <"f...f\\Aloo % PrintedNamcHere5T"r/I'"-r-- .)/)hl'1 ::;$ 0'\1"' o~-:: bli C h. f :: r= O..:'!.C .,... 0...,.. :: Notary Pu C lor teState o. Montana =cno",~, 0 = 13 il a '. ' ~ ;; Re,idio~ at ''If v>, c~~ :t 11 ~ +: 00 '=' . .~. 'I{' j My Commission Expires: . /',/ '0 I {J ~ .n. .. ~ ~ ~7':. . . . o' 0 ~ ~/I. :.<ItE Or ~ \\~~ 1""'1/ III II' \ \\\ \\\\ /1,. ( ,r r {'Idl'.: I LEGENDS A T BRIDGER CREEK II ANNEXATION AGREEMENT 151 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS LEGENDS AT BRIDGER CREEK II ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: I,Ots 27 -28, Mount Baldy Subdivision and' 1 'ract 2 0 f recorded plat in l"ilm 12, Page 825, and situated in the NEI/1, SW1/4 & NW1/4, SFH4 of Section 32, TlS, R6E, PMM, Gallatin County, Montana. Said tract contains 57.29 acres, more or less, along with and subject to all casements of record or apparent on the ground. IN CONSIDERATION of receiving approval for annexation of the suhject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuahle consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to -','tory MiJJRoad and Bridger Drive, which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for paving, curb, gutter, sidewalk, atld drainage improvements to Story Mill Road and Bridger Drive; and for signahzatiOtl oEtile intersection afStory Mill Rd and Bridger Drive; or to make any written protest against the size or area or creation of the district, or method of assessment to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would includc 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 a fair share, proportionate has is as determined by square footage of property, taxahle valuation of the property, traffic contribution ftom the development or a combination thereof. 'I 'his waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands hcrein described. The terms, covcnanrs and provisions of the \'Vaiver shall extend to, and be binding upon the successots-in-interest and assigns of the parties hereto. DATED this day of ,2006_ I LEGENDS AT HRIDGFR CREEK Tl ANNEXATION AGREEMENT 161 LANDOWNER B . ]. Patrick Corrick Edgefield, L1 ,C STATEOFMONTANA ) :ss COUNTY OF MISSOULA) ill.. On this II day of, 2006, before me, the undersigned, a Notary Public for the State of Montana, . ersonall appeared). Patrick Corrick, known to me to be the f!?Ml'~/I~ JJVmbI1 ~ (print title here)ofEdgefield. ] J ,C the company that executed the within instmn ent, and acknowledged to me that she executed the same tor and on behalf of sald company. IN WITNESS \XlHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. , \ " " : I I , I I / (SUA] ) ,\ \ l~, \.: r: ~r':~ 1/ ~D.'~ .. .' '" I / ,...... ,oJ,<'>. ~ . . . . :/,~)/ /,; ..... .\:... . . "..<t...'\ ./ ~, . ,,', " ..,- ; " . n--- -, ," -.'.~ i \ I' : i 1'<11 . ":)J -:: -.. ~- , \.. ......-- .:u. .0_ :: ,*' C,' :,_., F, I . * .: . 'I ':' 1'''' . - -;. c,' L..li.-l ,1;- --, . ..,... "- ,. ();, . ''':': ..... .".. "'I '. . . A'v.." ..... ... )0., ..' "\' .... '//;('-OFMO~ \,.... 1111111\\\\ lrinted Name He D/Fo!2fJ Notary Public for the State of Montana Residing at ,B'r7~fIY/a.4A.. , Montana My Commission Expires ~"i /,;;.(.,17 C:J;) 1 (U se 4 digits for expiration year)' I LEGENDS AT BRIDGER CREEK II ANNEXATION AGREEMENT 171 LANDOWNER: Bfd!i-:- Property Owner STATE 01<' MONTANA :ss COUNTY CW GALLATIN) On this /), day of 0O-M lA-ajY J ,2006, before me, a Notary Public for the State of Montana, pcrsonally appeared Paul Rughcit.t, known lo be the person whose name lS subscribed to the within instrumenl and acknowledged to me that he executed the samc. IN WITN.ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) \\\\1111111 ,,\ \\ 0 LTG 1// " \1....... -9 ~ // ".~'" . . L-'-- '. .' (-.;p...RIAL'."'-: , } -- , " 1." -" ..= i- , i~~ t'k..l. .' ,v: :: . ,: ."...;.' ..,.J......... . 't-,:..~ " . ,( ( , r'\~':n...... '.'.. P.j d N Ii ' /, rlnte ' an:e _ ere ~'_ .. ,''] r ~ L---c... Notary Public tor the State ot Montana Residing al f3CT2 e.-fA-\.<A.-1'\ YV// My Commission Expires: (Yl/0 I !.1 00 S j ~ I LEGENDS AT BIUDGER CREEK II ANNEXATION J\GREEMENl 181 LANDOWNER: ~ "~ ~~-~ '\I~ \-\)v,-c -.:\ By: M ry ictor Property Owner STATE OF WASHINGTON) :ss COUNTY OF KING) " On this /4 "- day of cl~u-<~ ,2006, beEme me, a Notary Public far the State ofWashingron, persanally a~.eared Mar;y . ar, knawn to be the persan whase name is subscribed to the within instrument and atknawledged to, me that she executed the same. IN 'W'ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abave written. '\ '/ ..iU'2L- . Printed Name . U/I . [Notary Public for the State 0 / Washingtan // . . . Residing at ';::1 IFII/WUtlA.-'''--, 2) It My Commissian EXiP3*,>Y-'~-l..1. ) If ;uftJl / "j jJ ~{., ~ J . {i.liii'/L) b'.' {.. (SEAL) Notary Public State of Wa6hlngton JEANETTE D. GREENFIELD My Appointment Expires Dee 26. 2007 191 I LEGENDS AT BRIDGER CREEK 11 ANNEXATION AGREEMENT l " '\.9-~v~/ . By: Pcter Rugheimcr Property Owner STATE ()l<' MONTANA :ss COUNTY OF GALLATIN) 1/1 I On this ~ Q dayof::fa.. '('\..J ,2006, before me, a Notary Public for the State of Muntana, personally appeared Peter Rughcimer, known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, r have hereunto set my hand and affixed my official seal the day and year first above written, ,,<\llIlIIn-IIII1ita: .,~\\\'" ,C [(l c, ,. ""/.v,~ *~\"C\\,,\:'- r. LIeD",,"', ....~-$f ~:::~ ~":;:.A"*""'~vl,~/'t,:;"~ },'/ ~~. :<1::..-" l (~1\" AlA '.. /-L;" '\ _;} h, "'~)'(' '. '+- ", ~ ~ , ~ \; ~ 2 : "'-''--I!~ ' '" ~ Z ....~.,d\! ; ~ ~ ~, II,,) ......t-\_ : ~ << '1, .~ ~ l~ 1,. ~.. ~ ,%. U', 'l.. qo}; , ~ /~~ '%', /' ~... .."', .,;,' ,~C' ~" -</1 .--.... '\ x..' ,<~ 'o~<< E OF t.I\(')\\ ,;1.'t.~> ~41i.', \J" ~..~ '/jIlir'Jtrmlfin\m\\\{\,$: ~ ~... " ~, ~~~~ '''<~~~~:~: .IZ Pnnted Name Here\' '(('::\'\\C\'f\\"', r, Sc/ dr}'.) \ ....,V\ Notary Public for the State of Montana Res iding a L e::e \ c:) r r>., Co' LSl. ty",--, ./ My Commission Expires: . c~-I~J.lX:f"O 201 I LEGENDS AT BRIDGER CREEK 11 ANNEXATiON AGREEMENT EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS LEGENDS AT BRIDGER CREEK II ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and morc particularly described as follows: Lots 27-28, Mount Baldy Subdivision and' l'ract 2 of recorded plat in l"ilm 12, Page 825, and situated in the NF}/4, SW1/4 & NWVI, SF}/4 of Section 32, T1S, R6E, PMM, (~allatin County, Montana. Said tract contains 57.29 acres, more or less, along with and subject to all easements of record or apparent on the ground. IN CONSIDERA TTON of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying tights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest the creation of onc or more special parks maintenance or improvement districts for a Ci~r-wide Parks Maitltenance District, or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more spccial parks maintenance or improvement districts. In the event City-wide Parks Maintenance or Special Improvement Districts are not utili?;ed for the City.wide park maintenance, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof This waiver shall be a covenant lUl1lUng with the land and shall not expirc with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATF<T) this _ day of ,2006. I LEGENDS AT BRIDGER CREEK II ANNEXATION AGREEMENT 211 LANDOWNER By: J. Patrick Corrick Edgeficld, LLC STATE Of' MONTANA) :ss COUNTY OF MISSOUI ,A) ~vv On this II day of ,2006, before me, the undersigned, a Notary Public for the State of Montana, erson ly appeared 1- Patrick Corrick, known to me to be the -:;:Ul'2.l-:1f 1J1r".Inb.1( (print title here)ofEdgeficld. LLC the company that executed the within i stru . e ,and acknowledged to me that she executed the same for and on behalf of said company. IN WITNESS \XlHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written_ \ \ \ 1 I I I I I (SEAL) ,\~. '.C ,. -,- / / ..... \, (. \.. ,- '.' .,-~ ,1 // ..... ,,\-- . . . . . " VI) / ....' _,c) \ . . . .'~ .......... --ct'~. '0"'- :: -,> \~01 ARt"qf..' "" :: .J.... .P ~ () . _._ " 0 : :. *". ~ EA L : * ~ .... .I"\.U .10.. . ..... .... u). . . .:;s.... ......... '1;,: " . . . . .~~ ,..... .....// (:'OFMO~ \" /1/1/11\\\\ Printed Name H OW(.Jefl Notary Public for the State of Montana Residing at f})(PAW..u,A_ , Montana My Commission Expires .1,!.JG/JCC-i (U se 4 digits for expiration year) I LEGENDS AT BRIDGER CREEK II ANNEXATION AGREEMENT 22\ LANDOWNER: ~~i-~ ~~~,~- By: Paul Rughcier Property Owner STATE OF MONTANA :ss COUNTY 01" GALf,ATTN) On this / :A day of 0CC?'l c{ .:ley l( ,2006, before mc, a Notary Public for thc State of Montana, personally appeared Paul Rugheimer, known to be the person whosc name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) , ' " " ! I I I I I . ',;~IL r- 11/ . '. . I r. / . . '. . . . . . . ~ 1'(' // , ..:, J 1 f\ RIA. i. ~~ --.J . '" '. - -:_ *'. SEAL.: * ~ <' t;". . ~.... ..... ).. . """' /~'''<{1.""'"" ~'?",' 1 [:c 0 -0\\ " 1/ - F ~, \ " I I I J I I \ \ \ \ v) - IiI iYA/ f"/ ;L/ :IIi! //-'(' Jl.t-.l....~~J /,;~., Pnntecl Name TIcre (. "",/,1",.0 (to (1~}1 "',F.c:. Notary Public for the State of Montana Rcsiding at 8C2J:'.(<l., 0..-1' FI;: My Commission Expires: (")'i .It) I /.X C' (I S 231 I LEGENDS ^ T BRIDGER CREEK JI ANNEXATION AGREEME1\T LANDOWNER: L.0J ~ ~ '~ STATE OF WASHINGTON) :ss COUNTY OF KING ) On this r9. /}1....- day of \ , ,2006, before me, a Notary Public for the State of Washington, personally \lPveared Ma icto , known to be the person whose name is subscribed to the within instrument anc(,icknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first ahove written. NOtary Public State of Washington JEANEITE D. GREENFIELD Mv Appointment Expires Dee 26. 2007 I 1 I .' '-1- " Pti~ted Name He - dtiiJ.!Ct N?tary Public for the State of Washington, i ,., -. Residing at L .... /l?/l~-6'1L . J't.hrT _ .. '-"f-... \ .. --"7 '}iIU My CommlsSlon Exprres: 'r~,._---(j-L /- ;; .' ) \ -_..--'" "-~- (SEAL) I LEGENDS AT BRlDGER CREEK II ANNEXATION AGREEMEK'T 241 ~~DO~ . .. .) ")A.-C l~ v-''''v/ By: Peter Rugheimer Property Owner I I / L! of I I STATE OF MONTANA :ss COLJN'r'Y OF GALLATIN) On this J d- day of ;:c C\ V\.., ,2006, before me, a Notary Public for the State of Montana, personally appeared Peter Rugheimcr, known to be thc person whose name is subscribed to the within instrument and acknowledged to me that he executcd the same. IN W1'lNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~...~,\r{"~mlJ~lI4t,T(, ~\,t; _~ r, (, r,. ..,}" ,,#c~~'c \" . ')t-D..;lJ-~. i'::,"3'~~f&;~~l;;~"':'/~: ';,\ ~. i.J,'.'-g"V:'O(2:"" <(" -'..~ t ~'~ ~,,_" i ~ C,/:\; ~ .... ~i.1'"',.,t~ :: ~ ~ (r .',r~, ~ \ ~ ~ J --::j I:P.,\..c, !l:>"? '''~ if ':f;;. ...."".':.1...11I'... ~,Q; ~"':i. "<"'. "ll' ............'.'\1(-."p "l:t;",. L? Or:: ., O\~ ;of?" ~'" ,w( , '!Io'-" "/JJi/iumm mtnlt\\\\ --.J .--':J \~'., '~ ~~,~~'~,'S,~f'\ '; .~~ ..*,~ Printed Name Herefrc;"0LI'DE, ( . Cr/dfp).I....V\ Notary Public for thc State of Montana H..esiding at (~i;-lSY'l.cJ ~.. ()"-f _ / My Commission Expircs: q -l-'J-D~ I LEGENDS AT BRIDGER CREEK II ANNEXA TlON AGREEMENT 251 - ~ , :" .... +. ~ "0 i... " I . .. : ..-- ...~ ~ t P, ' ~ ,. ., , ~ ..\ . 'j ~ . .. .. ~ ~ "'. .'). ~.~..:.,"'- i) .~ .... .~ ....ir"".., : ,. ~.,.,..... ~ t.'.,.. . :14.;'.';:'" .. ~t".:;:l' ' .$, .. . 'lit ' . E;.:h,bH C PLOTTED DATE~/2CD5 DRA'~NG ~~E: C:PRO.ECli~fOCtllAC.NJ~/~~ SHEET ~ct' T-P=' . - ~ ..... .~ -~ ::'..,.-~-~ ~ ...,. ..~ ~ l:~".. ..b....,., ~ .. . f~~-:-~_;~~_>,. ~ . . Exhibit c ) LEGENDS AT BRIDGER CREEK II - -@-- ---~- Exhibit D ~.. (::\ v I .__ I ,_~ I I _'~ '"~ _c~_ "!.;~ ~~ 'i 'i ~:t Cl "'i ~~ ~ ~~ ~ :~ 31 -~~.. oj ~ ~ ,; ~j 01. ej '! -, -j ti 1 :-j =~ "-~.- .:;.,~;:... ~~ :-:'d .~~ ...".,.,....-, -~, ,--~:;.., ~...~. ._""', ~~ ~ ~~ ~~~ -- ..:;;;:. ~- ~ ~~ ~....; .-,.;,.. I , III ."^ ~~~' -::~ ~~ l i, ~ r ~_~ Ii ~: ~-: ~: ------------ ::i ~) d" i ,j ;i- '! 3! -! 'I :1 ! -. ~~ ~! ~i ., ,j j'i ,,;;. ,j ,j ;! '! :1 ,. " ji;1_1 -! '! ," j ~ ;;.'~ I 111 ,~- ~-- ~ FlEljJ\IIORK~ lR"olN BY: ~EE 1:'->:0(8) BY~ DATE: '/5/06 SC&I F.l-=2.00' PIlOJ ,UGlOHDSI LEGENDS " BRIDGER CREEK II ~ Exh ibLj D PLOTTED O;,TL Jonj05/= [)R A ~ N AIiE; C:P2O.I:cr~~w:JD/'F"RE-Pl...Al~ SltEG~[;' ~ LWC M:!il'~'J..C ...IDIEB:LSoaL........!!I1'I5 ....~~ "-=_-- CU:N T: EX EfElD EXHIBIT E The landowner acknowledges and agrees that development of the proposed subdivision will comply with the goals and policies of the City's 2020 Community Plan and recognizes the City's concern for implementation of progressive urban design as outlined in the 2020 Plan. Compatibility of the proposed development is important to maintain the land use patterns of the area. The development will be well integrated with the surrounding area. To the West; a The development will connect to Boylan Road as it terminates in the Legends I Subdivision. a The parks for the two subdivisions were located in the same area to aggregate them into a larger regional park. a There will also be future street / right-of-way connections provide to the undeveloped land south of Legends I Subdivision. a The trail system will connect to the existing trails in Legends I Subdivision To thc South; a North I South access to the park and stream corridor will be provided to the residents of Mt. Baldy and Vogel subdivisions. a 30' dedicated public right-of-way has been provided along the entire southern border for access to the backs of the Mt. Baldy and Vogel subdivision lots. a Water / Sewer mains will be located in the south boundary alley for future hook up for the Mt Baldy and Ed Vogel Subdivision lot owners. To the East; a Street and right-of-way connection to the pre-platted streets in Creekwood Subdivision. a The trail system will connect to the planned trails in the Creekwood Subdivision. a The south boundary alley right-of-way will connect to the platted location of alley in Creekwood Subdivision. To the North; a A future street I right-of-way connection will bc provided to the undeveloped land to the North. The existing City residential developments (Headlands Subdivision) and County residential developments (Mt Baldy and Ed Vogel Subdivisions)to the south of the proposed Legends II subdivision are single family homes of a mixture of single and two story medium size houses, as shown below. The proposed lot sizes for the Legends II subdivision will support homes of a similar nature. MT BALDY & ED VOGEL SUBDIVISONS MT BALDY & ED VOGEL SUBDIVISONS ~"".1I'" 1;;:"'1 'nll .~ >'I'lt. . l~-I :'. I ..r;~ .' ..... I ...",011I' .~...., ..,,,\ 'I ~..'" ,.,.'.... ~~I',,<,, jr.'",., loi/4,,;.I~NI'~" ~..~.. ',III\"'i)'~~1 '1,1t,'~ll"~I.\'Iw>'~\' I . ,I 1l1',.~11I'. 'r :1';'\II'~,~'-.'.' .....j.,..'t~.," r,',. ... HEADLANDS SUBDIVISION It is important to note however, that the adjacent subdivisions were not platted under the current uno requirements imposed on the Legends II Subdivision. While the home sizes and architectural design anticipated will be compatible with the adjacent subdivisions the sizes of lots will definitely be smaller. Chapter 18.42.180 of the uno stipulates that "Lands subdivided after the effective date of this ordinance shall meet the requirements of this section and shall not have less than a minimum density of six units per acre..." Additionally all new subdivisions are required to "have a minimum of 10 percent of the buildable net acreage dedicated to Restricted Size Lots (RSLs)" to meet the affordability requirement of the ordinance. The applicant has requested no variances or deviations from these standards. Clearly the lot sizes of the Legends II Subdivision will be smaller overall than lots in the adjacent subdivisions - (See attached 11 x 17 Exhibit D). However, all proposed lots will meet or exceed the minimum area as set forth in Section 18.16.040 table 16-2 and a minimum width as set forth in table 16-3 of the Unified Development Ordinance (UnO) shown below: Lot Area Minimum Lot Ar~a in Square Feet R-S R-l R.2 R-3 R-4 R-O RMH Single-household dwelling See Paragraph 5,0001 5,0001 5,0001 5,0001 5,000' 5,0001 B below Two-household dwelling - - 6,000 6,000 6,000 6,000 - Lot area per dwelling in three- or four-household - - - 3,000 3,00U 3,000 dwelling confiy;urations Townhouses - - - 3,000" 3,0002 3,0002 - Apartments. first dwelling - - - - 5,000 5,000 - Apartments - each dwelling after the first - - - - 600 600 .Additional area required for an accessory dwelling 1,0004 1,000 1,0005 1,0005 1,0005 1,000'; uniP Table 16-2 - Lot Width Table Minimum Lot Width in Feet R.S R-I R-2 R.3 R-4 R-O RMH Single-household dwelling See P:tnW;lph 13 50 50 50 50 50 50 below Two household dwelling - 60 60 50 50 - Accessory dwelling unitl 50 50 60 60 60 60 - Dwellings in three- or four-household - - 60 60 60 - dwelling configurations 'l'ownhouses Width oj" Wiclthllt \'\hJth (Ii" - - - tllt~nor umt\! 1l\\(,!"Int"llnltH mtcnor umt~, All other uses See P:tr.lgr.<l.ph B 50 50 50 50 50 50 hd0W --- Table 16-3 Legends II Subdivision has received a zoning designation of R-l. The lots will be Single- household dwellings with a minimum lot area of 5000 SF (and an additional 1000 SF if the design includes a detached structure). The maximum building height will not exceed the standards outlined in table 16-4 of the UDO. Table 16-3 -' ". -.- Rcsidential Building Height Table Maximum Building Hcight in Feet Roof Pitch in Feet R"S R-l R-2 R-3 R-4 R-O RMH Less than 3:12 24 24 24 32 34 34 24 3:12 or greater hut less than 6:12 30 28 28 3R 38 3R 2l:\ 6:12 or greater but less than 9:12 34 32 32 40 42 42 32 Equal to or greater than 9:12 38 36 36 42 44 44 36 ~. .- -,.~ Landscaping requirements as outlined in the following uno sections will be followed: lS.4S.050.A, which establishes a requirement for landscaping of required yards, and Section IS.4S.050.E, which applies to the boulevard strip between sidewalks and the street. The final important section is Section IS.S0.1500 which defines landscaping and reads as follows. IS.80.1500 LANDSCAPING At least 75 percent coverage of an area with natural grass, vegetative groundcover or other natural living plant materials, the remainder of which is covered with nonvcgatative decorative landscape design clements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains, benches, etc. For purposes of this title, the term landscaping shall be considered to have the same meaning as the terms landscape, landscaped and landscaped area." c..u.l"\. \. F~~-t r Fy-o~ + 'l rr--~---'Tr----T- . . , I . I \ I \ ( II ~. ~~ ~I [_I ~ >;_~ VI'I - 1 ~'1 I ~. w- -- ---111------\ E! L _rz~~..:..._ ,-1.~~~. _l~ Some of the lots are designed to front onto green space corridors. This will create neighborhoods that face each other across landscaped green corridors rather than across a city street. See conceptual photos below for an example of how this could look. ,>\ Further the orientation of buildings, and visual integration as they pertain to setbacks as outlined in the UDO and the proposed Subdivision PUD will be followed and alit,,>n similarly with the neighborhood characteristics of the existing surrounding homes. Applicant will ensure these requirements are outlined and disclosed to potential builders through Design Standards implemented with the subdivision Covenants.