HomeMy WebLinkAbout02-08-21 Public Comment - D. Williams - Buffalo RunFrom: Derek Williams
To: Agenda; Cyndy Andrus; Terry Cunningham; Michael Wallner; Jennifer Madgic; lpomeroy@bozeman.net
Cc: Martin Matsen; Jeff Mihelich
Subject: Buffalo Run
Date: Monday, February 8, 2021 12:31:08 PM
Attachments: Buffalo Run Improvements Diagram 2.3.2021 e.pdf
Buffalo Run Annexation Discussion Summary 2.3.21.pdf
density height covenant Meadow Creek V3.doc
Hello City Commissioners,
In preparation for our meeting tomorrow night, please see below and attached as evidence of our
efforts to coordinate with the Meadow Creek HOA.
Thank you.
Derek
Derek Williams, P.E. | Owner/Founder
5400 Fowler Lane
Bozeman, Montana 59718
303-887-4045
derek@bridgerdevelop.com
From: Derek Williams
Sent: Wednesday, February 3, 2021 8:17 PM
To: Bruce Parker <bparker7150@gmail.com>; Matt Hausauer <matthausauer@gmail.com>; Laura
Miles <kalsinmiles@gmail.com>; Steve Krezminski <skrezminski@gmail.com>; David Parker
<davidcwparker@gmail.com>
Cc: 'Courtney' <courtney@zerosixthree.com>; Glenn S. Kunkel <kci@tds.net>; Rob Pertzborn
<rpertzborn@intrinsikarchitecture.com>; Ryan Krueger <rkrueger@intrinsikarchitecture.com>;
Susan Swimley <swimley@swimleylaw.com>
Subject: Buffalo Run promised documents
Hi Bruce and members of the HOA board,
Thanks so much for your time today on the phone! I have attached the documents that we promised
at our meeting last night. Please review and let us know if you see anything that is not consistent
with the discussions in our meeting last night. If you find this information to be consistent with our
discussion, me and the other partners are willing to sign and notarize the protective covenant prior
to the City Commission next Tuesday, February the 9th
. If we obtain approval at the City Commission
for both the zoning and annexation we will record the protective covenant document by the end of
the week after receiving such approval.
I have discussed this today with Marty Matsen, the City Planning Director and the City is in
agreement with handling our promises in this fashion and are fully supportive of the way we are
attempting to accomplish this.
If you wish to discuss, feel free to call or email me and we look forward to your response and/or
comments.
Have a great night!
Derek
Derek Williams, P.E. | Owner/Founder
5400 Fowler Lane
Bozeman, Montana 59718
303-887-4045
derek@bridgerdevelop.com
Temporary Road
Section Unnecessary
with Paving of Fowler
Future Park
Expansion
Fowler Road built
to City Standards
in Existing R.O.W.
Fowler Road Paved to
County Standards
From North Edge of
project to Stucky Road
South 27th Avenue
Section Completed
Kurk Drive Connection
to Fowler Road
Fowler Road (Minor Arterial)
Blackwood Road (Collector)
Meah Lane
Graf Street (Collector)
Blackwood Road (Collector)
Kurk Drive
S 27th Avenue (Collector)
S 19th Avenue (Principal Arterial)
Probable Future Street
Network Shown for
Reference
Approx. 600'
Buffalo Run Annexation
Meadow Creek / City of Bozeman / Gallatin County Outline Discussion Summary
2.3.21
• Future Development will be limited to 150 new dwelling units with buildings lim-
ited to a maximum of 3 stories (documented in a covenant).
• Fowler Road will be paved to a County road section from the north edge of the
Buffalo Run property to Stucky Road. Gallatin County will maintain.
• The previously planned temporary road connection through Ainsworth Park will
be omitted with the paving of Fowler Road. *Please note that some limited emer-
gency vehicular pathway through the park may be required through subsequent
subdivision processes. If required by the City, a grass paver or enhanced pedestri-
an path option with gates to control access would be integrated into the en-
hanced park plan.
• Park and Open Space will be expanded.
• Existing park trees are to remain.
• The missing (west) section of S. 27th Avenue, between Kurk Drive and W. Graf
Street, will be installed, enhancing multimodal (pedestrian, bike, vehicular) trans-
portation options.
1
After recording return to
Buffalo Run Bozeman, LLC
5400 Fowler Lane
Bozeman, MT 59718
DECLARATION OF PROTECTIVE COVENANTS
AND RESTRICTIONS FOR a PORTION OF N½ of the SW¼ of the SW1/4 of
Section 23, T2S, R5E, Gallatin County Montana
THIS DECLARATION is made this ____ day of February, 2021, by Buffalo Run
Bozeman, a Colorado limited liability company with address of 5400 Fowler Lane,
Bozeman MT 59718, hereinafter referred to as "Declarant";
W I T N E S S E T H:
WHEREAS, Declarant is the owner of the following described property in
Gallatin County Montana described as N½ of the SW¼ of the SW1/4 of Section 23, T2S,
R5E, records of Gallatin County Montana (hereinafter “Property”).
WHEREAS, Declarant intends to develop, sell and convey the above-described
real property.
NOW, THEREFORE, Declarant does hereby establish, dedicate, declare, publish
and impose upon the portion of the property identified below the following Protective
and Restrictive Covenants, which shall run with the described portion of the land, and
shall be binding upon and be for the benefit of all persons claiming such property, their
grantors, legal representatives, heirs, successors and assigns. Such Covenants shall apply
to the identified portion of the Property, and all improvements placed or erected thereon
and shall inure to and pass with each and every parcel, tract, lot or division within the
identified portion of the Property.
A single family dwelling structure exists on the Property at the time of the
enactment of these covenants.
The Property shall be annexed into the City of Bozeman and granted zoning of R-
5 as defined by the municipal code.
Upon designation by the City of Bozeman that the Property is zoned R-5, the
Property is subject to this covenant restricting density and building height:
2
1. Exclusive of a newly created lot which will be occupied by the existing single family
dwelling, the balance of the Property shall be developed and subdivided, and shall not
allow construction of more than 150 dwellings. A dwelling is defined as a building,
or portion thereof, meeting the requirements of the applicable International Building
Code and used by one household, as defined herein, for residential purposes.
Dwellings may exist in many configurations, including single-household, two-
household, multiple-household dwellings and group homes. Dwellings do not
include hotels, motels, City of Bozeman Type-3 short term rentals as defined in the
City of Bozeman Unified Development Code Section 38.360.250 in effect at the
time of recording.
At full build, out the maximum number of dwelling units newly constructed on the
Property shall not exceed 150, which does not include the existing single family
dwelling.
For purposes of this covenant household is defined as a person living alone, or any of
the following groups living together as a single nonprofit housekeeping unit and
sharing common living, sleeping, cooking and eating facilities:
• Any number of people related by blood, marriage, adoption,
guardianship or other duly-authorized custodial relationship;
• Not more than four unrelated people; or
• Two unrelated people and any children related to either of them.
• Persons or groups granted a request for a reasonable accommodation to
reside as a single housekeeping unit.
"Household" does not include:
• Any society, club, fraternity, sorority, association, lodge, combine,
federation, coterie, cooperative housing or like organization;
• Any group of individuals whose association is temporary or seasonal in
nature; or
• Any group of individuals who are in a group living arrangement as a
result of criminal offenses.
• Any group of individuals living in a structure permitted as transitional or
emergency housing pursuant to this chapter.
In addition to number 1 above, all structures constructed on the Property shall be
limited to three (3) stories in height.
The terms, conditions, restrictions and obligations of this Covenant are imposed for the
benefit of all lots platted within Meadow Creek Subdivision, City of Bozeman (plat
3
reference J-453) and shall not be revoked, amended or modified without full and mutual
consent of the Declarant and the owners of said Meadow Creek Subdivision lots.
IN WITNESS WHEREOF, Declarant has hereunto set its hand as of this ______
day of _______, 2021.
DECLARANT:
Buffalo Run Bozeman, LLC
By: _____________________________________
Its: _____________________________________
STATE OF MONTANA )
: ss.
County of Gallatin )
On this ______day of _______________, 2021, before me, the undersigned, a
Notary Public of the State of Montana, personally appeared
_____________________________________ being the ____________________ of
Buffalo Run Bozeman, LLC, known to me to be the person that executed the within
instrument on behalf of the limited liability company and acknowledged to me he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
________________________________________
NOTARY PUBLIC for the State of Montana
Printed Name: __________________________