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a planned unit development
CONCEPTUAL NARRATIVE AND
' DESIGN GUIDELINES
FINAL
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BOMIAN CITY-COL 19 TY PLANNING
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TABLE OF CONTENTS
' PAGE
tI. CONCEPTUAL NARRATIVE 1
II. INTRODUCTION 5
A. INTENT 5
B. REVIEW PROCEDURE 6
C. ENFORCEMENT. 6
' III. DEVELOPMENT STANDARDS 11
' A. INTENT 11
IV. SITE PLANNING CONSIDERATIONS 12
' A. INTENT 12
B. STREET LAYOUT 12
C. ARCHITECTURAL SITING CONSIDERATIONS/
LOT LAYOUT 13
' D. PARKING CONSIDERATIONS 14
' V. ARCHITECTURAL ELEMENTS 16-
A. INTENT 16
i B. RESIDENTIAL DESIGN CONSIDERATIONS 16
C. COMMUNITY DESIGN ELEMENTS 18
' Fencing 19
# Signage/Entrance Features 20
# Lighting 22
' VI. LANDSCAPING 24
i A. INTENT 24
'. B. LANDSCAPE 24
C. NEIGHBORHOOD LANDSCAPING 24
' D. LANDSCAPE CREDIT 25
E. RECOMMENDED PLANT LIST 25
' VI I. OPEN SPACE/TRAILS 27
A. INTENT 27
B. ACCESSABILITY 27
' C. PARK/OPEN SPACE LANDSCAPE AND
MAINTENANCE FUNDING 27
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' SPRING MEADOWS
' INTENT
The Spring Meadows PUD has been planned to create a high quality
mixed use community situated adjacent to Graf Park and Valley
' View Golf Course. The planning of Spring Meadows is based on the
philosophy that in order to endure a high quality of living, a
cohesive residential community must be created within a mixed-use
' environment . The attention to detail , the site planning
sensitivity and the basic design tenets all contribute to a well
planned , exceptional project.
' To this end , PUD zoning has been utilized to create a community
with a wide range of unit types that maintains the integrity of
each through land use transitions and the use of landscape and
' natural separations.
The layout of various residential densities has been designed
' based on the site' s natural features amenities and the various
unit types ' ability to "fit" these features. Consideration of
man-made features such as major roadways , intersections and
' adjacent land uses has further defined the use areas of Spring
Meadows.
' SITING CONSIDERATIONS
The "Parkside" single family detached areas ,. intended for large
homes on large lots (8 , 550 min ) , lend themselves to siting
adjacent to the golf course and Graf Park. The expensive nature
of these homes allow uniqueness in landscaping and taking
advantage of the adjacent amenities. The ability to blend the
' patio home concept into this area increases the open feeling,
utilizing a zero lot line approach.
' The single family estate area is intended for even more exclusive
custom homes with large 11 , 000 plus lots that incorporate intense
site landscaping to create an exclusive area conducive to this
' type of home . The multi-family areas are planned in siting
locations that take advantage of natural swales and vegetation
with the Sourdough Nature Trail being incorporated within these
areas. This linear park has been widened to 80, to allow more
landscaping to be incorporated to create a buffer between the
living units and the park, adding to the separation of the areas.
' Open space and park areas must provide a variety of opportunities
to meet the broad range of requirements of their users .
Locations near waterways add variety in plant and. animal species.
' Open space and park locations must also allow maximum access
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ability to users via transportation trail corridors to achieve
' optimum use potential , to both the residents and the public use
of Graf and Sourdough parks.
' ADJACENT LAND USES
The land uses adjacent to Spring Meadows have been considered as
a major factor in developing the proposed Master Plan for the
community .
i Single Family residential areas adjacent to Graf Park to the west
have been extended eastward through the design of Spring Meadows.
The parkside single family lot area corresponds with the large
i lot subdivision existing to the west Graf Park provides an
effective transition between these existing residential uses and
those proposed for Spring Meadows.
' To the south of Spring Meadows , adjacent land uses are
effectively separated visually and physically by the natural
topography vegetation, landscaping and park locations.
' The eastern boundary of the site is defined by the Valley View
Golf Course. The north boundary adjoins a planned multi-family
' project. Transition is achieved by locating the largest of the
Parkside single family lots adjacent to this future development.
LAND USE PLAN
The natural site features and siting requirements of the proposed
i land uses , combined with consideration of compatibility with
adjacent land uses have provided the initial framework for
development of the proposed land use plan.
i Compatibility between land uses, site circulation and open space
opportunities were considerations added to this framework to
further define site planning criteria.
' Parkside Detached
' The residential areas designated for Parkside Single Family
Detached homes have been located in the northern portion of the
site . Current plans call for large lots affordable to custom
home buyers.
iLot sizes with a minimum width of 100' have been designed to
accept the large custom home. The lots back either onto Graf
' Park or Valley View Golf Course presenting a choice of location
according to personal taste as viewed to the two amenities.
Development of flat creek , in conjunction with the Montana
Department of Fish & Game, into a fish habitat creates a unique
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amenity to those lots that adjoin it on the east. Spring Meadows
drive ends in a cul-de-sac with emergency only access to the
north that maintains the exclusiveness and privacy of the area.
Proposed landscaping along Graf Park will soften the impact of
the development on Graf Park and on the views of existing homes.
' This landscaping will also serve to define the property line to
the west between Graf Park and Spring Meadows. Planting that
will vary from within Spring Meadows to within Graf Park will
' offer variation in the look of this buffer and will keep from a
"shelter-belt" look.
' Single Family Estate
Single Family Estate lots have been planned for the site north
and east of Graf Street , adjacent to the Sourdough trail and
' Valley View Golf Course and south of the Parkside area. Larger,
more expensive homes are planned to fit the topography and
adjacent amenities in this area . Access limitations prevent
' these homes from encroaching on the northern property line
providing an effective transition form this area to the Parkside
lots proposed to the north. And the multi family uses to the
' south. Views to the north, east further enhance the character of
this neighborhood.
Multi-family
' Multi-family uses have been proposed as the souther edge of
residential development. These proposed units are intended as a
' transitional use between the Single Family homes to north and
future developments to the south.
' The Multi -family areas have been provided to create an
alternative to Single Family Detached living within the Spring
Meadows community . Stringent setback and landscape buffering
standards have been instituted within the Spring Meadows Design
' Guidelines to ensure a proper transition between Single Family
uses to the north. Traffic impacts on adjacent neighborhoods
have been minimized by siting close to collector .access (Graf
' Street) .
SITE ACCESS
' The Spring Meadows community is located in an area that provides
excellent access opportunities not only for the immediate subject
site , but for the entire Bozeman community . The extension- of
Graf Street continues the master planned collector connection
through to Sourdough road from the existing Graf street right-
of-way which currently extends as far east the Spring Meadows
property boundary. In addition, development plans call for an
emergency access improvement to the north.
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' EASEMENTS
The existing main water line is incorporated into public street
' and park areas to minimize maintenance problems. Sewer and water
extension are planned to follow Spring Meadows Drive and connect
with current extensions in the Fairway Drive are to the north.
PROJECT PHASING
Project Phasing is proposed to occur generally from north to
south. Parkside Single Family Detached areas in the north
portion of the site are anticipated to be the first to be
developed . In conjunction with the first phases of homesite
' development , Graf Street has been proposed for construction
through to the south property line. A five year build-out is
projected for Spring Meadows. Phasing will be accomplished only
i ' as the market dictates as all improvements are proposed to be
installed at one time .
' PROJECT FINANCING
Financing of public improvements within arterial and collector
' rights-of-way are currently proposed to be provided by SID.
Improvements would include street construction only. Landscaping
and drainage facilities within rights-of-way , off-site water
improvements , Spring Meadows Drive , Billion Place , and on site
' infra structure have been proposed as a developer expense.
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INTRODUCTION
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' II. INTRODUCTION
A. INTENT
The planning of the Spring Meadows PUD is based on the philosophy
that in order to ensure a high quality of living , a cohesive
residential community must be created within a mixed-use
' environment . The attention to detail , the site planning
sensitivity , and the basic design tenants" all contribute to a
well planned , exceptional project without sacrificing
' affordability or profitability.
The basis for success in building a community designed for mixed
use is in assuring that the planning and design standards
developed during the project ' s inception be maintained throughout
all the phases of Spring Meadow' s build-out. These design
guidelines will insure the quality of Spring Meadows by providing
a flexible framework within which builder performance and
developer commitments will work in concert.
Specific design principles, parameters and standards have been
established to coordinate the efforts of developers , consultant
and designers involved in the processes of site development.
' These standards are in addition to the City of . Bozeman Land
Development Codes - Zoning ordinance and Subdivision Regulations.
Through close regulation of these Design Guidelines overall
continuity between individual planning areas will be more easily
maintained .
To achieve this, the developer will establish an architectural
review process within the project and the review entity will use
this document as a guide to accomplish the following objectives :
Assist in directing developers and builders in achieving a well
planned and designed multi-use . development;
To serve as a "prototype" by establishing quality standards to be
utilized by other Bozeman developments in the future;
Assist prospective developers , site planners , engineers ,
architects and other professionals in the planning and design of
Spring Meadows by providing a basis for individual design efforts
at different levels;
Insure the long-term protection of property values by providing
design continuity , land use compatibility , integration
' facilities and quality architectural style , design and
construction and;
Insure objective , systematic review of all development through
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the use of the Spring Meadows Guidelines.
' B. REVIEW PROCEDURE
The following procedure and submitals shall be followed during
' the review of proposed plans:
Duplicate copies of plans including plot plan , landscape plan,
elevations and materials notation , shall be submitted to the
Architectural Committee to review in accordance with the criteria
set forth in these guidelines, but need not be working drawbacks.
The Architectural Committee shall return comments within ten (10)
' working days of any submittal . Corrections , alterations or
compliance requirements will be noted by the Architectural
' Committee and must be final reviewed prior to approval .
Applicants should be aware that city approvals and permits are
also required prior to commencement of building within the city
limits , including compliance with city zoning, building, and
electrical plumbing.
' It is not the intent of these procedures to obstruct or dictate
design , but only to insure the quality direction- of the
development.
The verb "should " , when used in context of . these guidelines ,
shall mean "will" wherever practically effective.
C. ENFORCEMENT
Restrictive covenants shall be executed and recorded for
application to all properties within Spring Meadows. Separate
covenants may be recorded for different use areas . The covenants
shall include provisions for establishment of an Architectural
Control Committee which shall have jurisdiction over review and
approval of improvements to be constructed on the property
subject to the covenants.
Evidence of Action
The Committee ' s approval or disapproval as required in the
' covenants and in these design guidelines shall be in writing, as
indicated by the signatures of a majority of the committee. The
committee shall not be required to maintain records of plans
submitted . Approval by the committee shall be conclusive
evidence of compliance with the Design Guidelines and covenants
provided that the improvements are constructed in substantial
compliance with the plans as approved . In the event the
committee fails to approve or disapprove a proposal within 30
days after plans and specifications have been submitted to it and
the submission is evidenced by a certified or registered mail
receipt ; or , in any event , if no suit to enjoin the proposed
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construction has been commenced within one 0 ) year after the
proposed construction had begun and became apparent , such
i approval will not be required , and the related guidelines and
covenants shall be deemed to have been complied with fully.
' Approval of Plans
All plans and specifications in connection with the construction
' of any residence, commercial structure , fence , wall , driveway, or
other structure, and in connection with any - exterior maintenance
and remodeling of any residence or other structure, including,
but not limited to, changing the initial color of the structure,
or any alteration of any wall , fence , or driveway shall be
submitted to the committee or its designee, and prior written
1 approval shall be required.
Before any construction or alteration begins , plans and
specifications showing the nature , kind, shape, height, materials
and locations, the exterior design , the exterior materials to be
used , the color scheme, the site plan , landscape improvements, a
topographic survey , the location of the driveway and plans for
1 the proper drainage of the Lot with respect to adjacent Lots must
be submitted to the Committee for its prior written approval .
In passing upon such plans , specifications and other
requirements , the committee may take into consideration whether
the proposed residence or other structure or alteration and the
materials of which it is to be built are reasonably suitable for
1 the Lot upon which the residence is to be erected , the harmony
thereof with the surroundings , and the effect of the application
as proposed on the outlook from adjacent or neighboring property.
The Committee shall , in the exercise of its judgement and
determination, use reason and good faith. Upon approval by the
Committee, a signature block will be applied to any plans. (See
Figure 2. 2)
1 No residence , fence , wall, driveway , structure, alteration of any
kind , which has not received such prior written approval by the
committee and which does not fully comply with such approved
plans and specifications, shall be erected , constructed , placed,
or maintained upon any Lot. No changes or deviations in and from
such plans and specifications as so approved shall be made
1 without the prior written consent of the Committee.
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D. CITY OF BOZEMAN SITE PLAN REVIEW
' Submission
' Submission requirements of this section shall apply to an
applicant seeking to build more than one principal structure on a
given lot that meet the condition of Section 18 - 54. 300 of the
Bozeman Area Zoning Ordinance. Single family residences are
exempt under this process.
Submit 10 copies of the site plan and r,elated data to:
' Bozeman Planning Office
P. O. Box 640
Bozeman, MT 59715
Also submit an "Application for Conditional Use Permit " (see
example form following this section ) and a filing fee based upon
the following schedule : $200 + $3. 00 per 1 , 000 square feet of
leasable floor area.
Review Process
The planning staff encourages the applicant to meet informally
with them prior to official plan submission.
The planning staff will check the plan for compliance with the
Development Guidelines for the Park as well as City of Bozeman
Zoning Regulations.
tThe planning staff has fifteen days to complete their review .
Following staff review, the City Zoning Commission has three days
to respond to the plans. The City Zoning Commission may , by a
majority vote of its members request a public hearing on the
proposed development.
If the plan meets the regulations, then "conditional approval " is
granted by the planning staff.
' Revisions
The applicant has up to six months to respond to comments on the
' plan made by the planning staff. After that time the applicant
would have to resubmit the application.
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Final Submission
Submit three site plans to the planning staff, with conditions
met.
Submit "Estimated Cost for improvements" form (see example at the
end of this section. )
' If all conditions are met in the final site plan, enter into an
"Improvements Agreement" with the City of Bozeman (example at the
end of this section. ) This step requires three to four days.
' After agreement has been signed , the planning staff signs the
final site plans and forwards them to the Building Department.
' Applicant has eighteen months to complete the site improvements
following the signing of the "Improvements Agreements".
If occupancy offers prior to completion of all site improvements,
then the applicant must provide the City with a Letter of Credit
for no less than 1 112 times the value of the remaining
improvements.
E. CITY OF BOZEMAN BUILDING PERMIT PROCEDURE
Submission
Submit two copies of all plans and specifications to:
' Building department
P. O. Box 640
Bozeman, MT 59715
The documents must be stamped by an architect or engineer
licensed to practice as such in the State of Montana.
Approval for the building cannot be granted until the signed
final site plan has been forwarded by the planning staff. The
applicant may submit the building plans prior to site plan
approval although the permit will not be issued until the site
plan has been approved .
Plan Check Fees are established by the schedule in the current
' edition of the Uniform Building Code. The valuation of the
project will be determined either by the applicants estimate or
by the Building Department using the current I. C.B.O. square-foot
cost figures.
Building plans must conform to the following standard codes :
1 . Uniform Building Code
2.' National Electrical Code
3. Uniform Plumbing Code
4. Uniform Mechanical Code
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Review Process
1 The Building Department Plan Review will take up to two weeks.
The building permit will be issued following proper compliance
with the codes and the receipt of the approved site plan from the
planning staff.
Note that all electrical and plumbing subcontractors must be
1 bonded.
An occupancy certificate is required prior to occupying the
! structure.
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DEVELOPMENT STANDARDS
III. DEVELOPMENT STANDARDS
A. INTENT
By establishing minimum controls for the proposed land uses within
' the development, further enhancement of the character and quality
of Spring Meadows will be possible . These minimum standards
established for each land use within Spring Meadows have been
compiled in chart form to facilitate their review.
TABLE 3. 1
' MINIMUM SETBACK
MINIMUM MAX.
LOT BLDG. PARKING
LAND USE AREAS FRONT SIDE REAR HEIGHT REQUIREMENT
Single Family Per
Estate 13, 640 25' 8 ' 20' Zoning 2 car gar.
Per
Parkside 8 , 900 25 ' 8 ' 20' Zoning 2 car gar.
Single Family
Detached
I ' Multi Family Per 25' 10, 20' Per Per Zoning
zoning Zoning
code per
unit
( 1 ) Setbacks measured to building wall , . architectural
1 appurtenances such as eves and overhangs allowed to extend
24" maximum into setback area.
( 2 ) 10 ' minimum between structures except in patio home
' conf igur ations.
(3) A patio home concept may be used by utilizing a 110" lot line
' configuration at a common lot line, when two adjacent homes
agree to the process. Legal , common lot line documents
signed by both parties and recorded on the two lots shall be
submitted along with plans to the Architectural Committee.
(4) As the Spring Meadows P.U. D. is within the City of Bozeman,
all development and improvements within the development are
' subject to the conditions and requirements of the Bozeman
Zoning Ordinance and adopted city building codes . The
Bozeman Planning Staff and Building Department will review
' all improvements as noted in these Development Guidelines. "
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IV. SITE PLANNING CONSIDERATIONS
' A. INTENT
' Communities such as Spring Meadows rely on careful planning which
ensures its residents that adjacent land uses are compatible , all
necessary services are phased with future construction, and that
development utilizes basic yet effective sit.e planning principles
' throughout the project .
The unique site character and exceptional regional visual quality
' of the property dictates that development respond to the natural
landscape insuring a sensitive approach to existing site
conditions.
tThe intent of this section is to set forth general guidelines and
siting standards for Spring Meadows which insure proper
consideration of lot configurations , building orientation and
street relationships and which will increase the sense of openness,
and visual variety without sacrificing density .
' B. STREET LAYOUT
Multi-Family and Townhome Areas
' For multi-family neighborhoods within Spring Meadows the following
design- criteria have been established for use as a guide for
private road layout within each project :
Access to multi-family areas will be limited to collector
and/or local streets;
' A reduction in the number of vehicular access points and
adequate separation will avoid traffic congestion and
heighten the sense of arrival at main entries (See Figure
' 3. 3) ;
The use of carports is strongly encouraged for Multi-Family
' areas as a means of reducing the visual impact of large
parking bays as well as increasing the value of the
condominium or apartment unit ;
Where possible , stagger front yard setbacks , and alternate
driveway location to allow for a more interesting streetscape
(See Figure 3. 8 ) ;
' In the single family estate areas where lot sizes allow
flexibility in unit siting , front yard setbacks should be
staggered . This eliminates the common problem of front
' facades occurring on the same plane.
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Spring Meadows Drive is planned with parking on both sides to
accommodate visitor traffic , yet allow room for two lanes of
traffic to pass through.
' C. ARCHITECTURAL SITING
Parkside Single Family Detached and Estate
' Customarily, density plays a role in the feeling of openness and
visual diversity of individual areas . However, by adhering to the
following recommended siting considerations a sense of openness can
' be perceived without sacrificing density .
Varying front yard set backs should be included to eliminate the
common problem of front facades occurring in the same plane.
Multi-family/Townhome
' Site planning principles , when adhered to , will allow the
implementation of multi-family developments which are not only
marketable and profitable , but also offer the essential "Quality of
life" elements of privacy and individuality, not typically found in
higher density communities.
The relationship and orientation of structures are of utmost
' importance in maintaining a sense of openness. The following
criteria should be considered regarding building relationships and
layout ;
' Buildings should be sited to maximize the feeling of open space
and , whenever possible, be oriented toward and. or be incorporated
' into a planned open space/amenity system (See Figure 3. 110
Congregate Living Community
The uniqueness of a congregate living community becomes an integral
part of the community when developed within the proximity of other
residential land uses . Special considerations to building
locations to locate services, views, open spaces and access must be
considered . The location in relation to adjoining uses must be
considered in how the project relates to existing and planned uses.
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and planned uses . Use of natural topographies to soften the
visual effect of building mass and orienting to natural amenities
become critical when considering site use.
D. PARKING CONSIDERATIONS
' Intent
Criteria has been established for group parking areas within
i ' Spring Meadows which is based on design. philosophies which
consider the type of land use and requirements within land use -
areas and adjacent land uses.
Oversize Vehicles and Trailers
The outside storage of oversize vehicles, such as mobile homes,
campers, and trailers (i . e. boat, snowmobile and motorcycle) in
congregate living is prohibited in order to create a pleasing
streetscape and visual character and will be strictly enforced .
The following standards apply to all Parkside single family
detached , single family estate and multi-family.
' Permanent storage of oversize vehicles , trailers , recreational
vehicles , campers and boats will be prohibited in private drives
' within the area described as the front yard setback. Outdoor
storage or parking of such vehicles will either be prohibited
within the project or be encouraged inside yard and rear yard
setbacks ( see Figure 3. 13) ;
Areas used for storage of oversize vehicles and trailers will be
surfaced with an all-weather surface material;
Oversize vehicle and trailer storage areas will be required . to be
adjacent to the consecutive unit; and
Fencing and screening of oversize vehicle and trailer areas will
be required. These measures not only maintain the visual quality
of the development but increase the security of stored items.
' The type of fencing and screening must conform to these standards
in the Project Element Character and Buffering section of this
document.
' In all multi-family areas , no permanent storage of oversize
vehicles and trailers will be allowed in off-street parking
areas . Designated areas for oversize vehicles and trailers will
' be allowed , although these areas will require adequate screening
to maintain a pleasant visual appearance .
' Dog Runs
Control of dogs is detailed in covenants and restrictions and
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will be strictly adhered to. Dog runs will be adjacent to garage
' areas in rear yard only and must be screened by landscaping as
outline in Figure 3. 13A
' Off-Street Parking
Special consideration for group parking areas is essential to
maintaining a quality environment. The following standards will
ensure that parking have the least visual impact to its residents
and adjacent neighborhoods ;
' Parking areas will be located off private drives , turn-arounds,
loopstreets or eyebrows , and shall be conveniently located to the
use or uses they serve in order to encourage utilization. Off-
street parking areas will not encourage or require motorists to
back directly from a parking space onto local or arterial
streets ;
' Off-street parking areas shall be paved , maintained and properly
drained. Storm water runoff should be sufficiently distributed
to prevent soil erosion and disturbance of vegetation in adjacent
' areas. All drainage plans will be subject to review by the
committee. Maximum grade in parking areas shall not exceed six
( 6 ) percent . Cut or fill slopes created by parking area
' regrading , shall not exceed 3 : 1 and shall be sufficiently
stabilized to prevent soil erosion ;
Group parking areas will require landscaping and buffering as
' specified in Section 5 of this document (see Figure 3. 14) .
Lighting systems designed for illumination of parking areas and
' driveways shall use levels of illumination ( foot candles )
appropriate for the square footage of the lighted area. The type
of light source and fixture will be designated to conserve energy
and be in character architecturally with that area of Springs
' Meadows. No illumination sources shall . be placed in a location
or be of an intensity to disturb neighbors , pedestrians or nearby
motorists . All systems will be subject to review by the
Committee; and
Parking areas will conform to the City of Bozeman Land
' Development.
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ARCHITECTURAL ELEMENTS
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' V. ARCHITECTURAL ELEMENTS
A. INTENT
' The character and aesthetic quality of architectural elements
within Springs Meadow play a key role in a project ' s identity in
the Bozeman market area. The architectural detailing implemented
' on homes, as well as project elements such as fences and entrance
features can achieve a visual harmony for -the development as a
whole .
' As a guide for builders and their architects, and as a means for
the ACC to critique proposed projects, design criteria have been
compiled in this section . Additional requirements may be
developed in the covenants , conditions and restrictions for
particular areas .
1 B. RESIDENTIAL DESIGN CONSIDERATIONS
Massing
' Appropriate measures should be taken to ensure the diversity of
form within Spring Meadows areas. Floor designed to allow for
the integration of single story structures such as garages,
' covered porches and entry ways with the main story structures and
angles (see Figure 4. 1 ) .
Variation of roof heights and angles aid in providing visual
' interest among individual units and groups of buildings (see
Figure 4. 2) .
' Siting and design of single family homes should mitigate the
domination of garage doors on the streetscape. Bay windows,
cantilevered second floors , protruding chimneys and other
architectural projections provide added depth and visual interest
to a building will be encouraged . The use of shadow is a major
component in adding depth to building elevations. Shadow relief
' can be achieved by accentuating roof lines with extended
overhangs and accentuating door and window openings.
' In multiple unit buildings, scale is a key factor in creating a
dynamic facade. Box-like structures should be avoided , by
developing a compatible building wall to roof relationship, as
well as providing a transition from higher to lower stories (se.e
' Figure 4. 3) .
Material/Color
Strong architectural and neighborhood style are important
attributes of a successful development or project area.
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Materials , color and textures should be selected to provide
' identity and visual compatibility with adjacent neighborhoods.
Materials with reflective or glare producing qualities , which may
be disturbing and/or dangerous to adjacent uses will not be
' allowed within Spring Meadows .
Exterior materials should accentuate and compliment the height,
mass and dimensions of a structure.
' The use of materials which are compatible , but provide subtle
contrasts through texture or tone will accentuate specific
architectural detailing Materials should be limited to two,
excluding trim and other architectural accents.
Horizontal facade treatment should be used with buildings of up
i ' to two stories.
Roofing materials , textures and colors will be considered in
keeping with the architectural theme. Exposed aluminum flashing
along chimneys , roof valley lines and all other roof
appurtenances will be discouraged. Any exposed aluminum material
will be required to be painted in a color to match the roofing
' material , and will be required to be maintained in a painted
condition.
Roofs on all structures shall be required to meet or exceed the
demands of local climatic conditions, including design snow load .
Roof pitch shall be allowed up to a 12: 12 pitch and will not be
allowed to be less than a 4 : 12 pitch .
' Although a strict "theme" is not established for Spring Meadows ,
special consideration should be made to give buildings a timeless
' appeal . This can be done by maintaining a sense of "Turn of the
Century" aspects within all designs. Contemporary structures
with single sloping roofs and "time dated " design will be
discouraged . Special considerations to entrances , porches ,
inclusions will be considered by the architectural committee in
determining if the design incorporates the "timeless" image
described within Spring Meadows . (Fig. 4. 4 - 4. 8 )
' Where residential uses abut , use of the following design
considerations will ensure all uses compatible site planning with
' the least amount of visual impact:
All non -residential buildings exceeding the height of
adjacent residential structures should orient their longest
' facades perpendicular to adjacent used to reduce massiveness
and maintain view corridors from residential areas ;
Buildings exceeding thirty-five feet in total height should
utilize parking areas as a buffer area between residences by
increasing the distance between incompatible structures ;
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1 Materials
Exterior materials should accentuate and complement the
structure ' s mass . An area which establishes harmony by
.collaborating architectural style , scale , texture , use of
materials and color will be encouraged .
' Roof Treatment
Rooflines and roofscapes shall consider the views of upslope
and/or taller buildings. All roof appurtenances such as vents
and heating/cooling ductwork, are to be grouped or placed to the
rear of buildings to lessen the visual impact of these elements.
' All such appurtenances will be either painted to match the
roofing material or building material , or preferably screened or
concealed . , When screening these elements, the screening material
will be required to be of a color and material which complements
' the architecture of the building.
All materials, in context with the above mentioned materials will
' be considered and will be subject to Architectural Control
Committee approval .
' C. COMMUNITY DESIGN ELEMENTS
The quality of any planned community is measured by the relative
success of the image it portrays. Spring Meadows will utilize
design criteria and standards for all its community elements for
both residential and non-residential areas to ensure its quality
image throughout. The criteria established in this chapter will
provide builders and developers with a program outlining the
level of quality , uniformity of design , style and format of the
following community elements :
Multi-family project elements
# Signage/Entrance Features
Lighting
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Trash Receptacles
Trash receptacles should be centrally located to the units
it services , while remaining easily maintained and
inconspicuous. Preferred locations for receptacles include :
the end of parking courts, along interior secondary access
routes and private drives and separated from building
entrances.
' Trash receptacles should be enclosed on three sides and
utilize architectural material and colors in keeping with
each particular project ' s character and shall meet Bozeman
City Code requirements.
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' The use of landscaping will be encouraged to further aid in
visually softening the impact of such facilities.
' Storage facilities will be encouraged to be integrated into
individual neighborhoods. These facilities will be required
to fit architecturally to the surrounding architectural
' materials , style and color . Additionally , storage
sheds/areas should be located adjacent to dwellings for ease
of access and reduction of cluttered space . Detached
storage sheds are prohibited .
Meter Placement
To maintain the visual integrity and residential character of
communities , it is important that electric and gas meters
requiring external locations, be placed in areas away from direct
view of streets screened by cabinets, wing walls, fencing and/or
vegetation.
' Transformers
I During preliminary design of street and utility plans , it ' s
important that prospective developers and/or builders present to
utility companies their preferred transformer , switch box
pedestal and/or condenser locations. Continued negotiations with
particular companies throughout planning and construction phases
can result in mutually agreed upon locations that will limit the
visual impact of such structures .
' Locations for such facilities should be placed in areas least
likely to intrude on views from streets and pedestrian ways and
should not detract from areas where considerable investment has
been spent to achieve a high level of visual quality. Wherever
possible , in any location, these facilities should be screened by
low fencing , and shrubs ensuring year round visual protection.
' Side and Rear Yard Fences
In situations where side and rear yards abut other yards, fencing
I shall be at the discretion of the individual builder although a
shadow box style fence is strongly recommended . This type of
fence construction does not differentiate between a front or
' back , presenting an equally nice appearance regardless of
orientation.
Fencing is encouraged on rear yards of lots that adjoin Graf
Park, but should be done with respect for the openness of this
area and not become a continuous length from yard to yard.
' Maintenance
Fencing is subject to deterioration and requires periodic
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preventative maintenance . Fencing of Spring Meadows will be
required to be maintained to protect the visual image of the
development and is subject to the following criteria:
' Landscape materials which have died along the fence , leaving
the fence discolored , will be replaced by the maintaining
owner or entity within 6 months of their removal ; and
Any portion or segment of a fence which has been damaged or
' in need of repair will be repaired within 3 months of the
damage or notification by the Homeowners ' Association .
These damages may be the result of, but not limited to the
' following:
*natural processes
*accident
' *vandalism
*weather
Signage/Entrance Features
' To maintain continuity throughout the project , standard design
elements must follow basic guidelines. However , flexibility in
materials, colors , type style and size will allow individuality
among the varying land uses and individual residential
communities.
1 General Design Considerations
For unity and project identification, the project logo will be
' incorporated into the - main project , marketing, informational/
directional , and future site signs. The spacing relationship
between the logo and project name have been carefully worked out
and should not be modified .
General Standards
' In order to maintain project unity all signs within Spring
Meadows will be required to conform to the following standards :
1 No sign whose' surface area exceeds 3 square feet shall be
displayed or placed upon any lot , building or structure
without permit . Permit applications shall be reviewed by
' the Architectural Control Committee and approval shall be
based on compliance with the standards set forth in this
section . A sign permit fee shall be established by the
committee on an annual basis ;
All signs with Spring Meadows shall be subject to approval
by the Committee ;
Maintenance of signs shall be the responsibility of the
owner or designated private maintenance entity and shall be
kept in good repair at all times; `
All signs of a permanent nature shall have lighting from
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within the sign itself, from above or below the sign face ,
or from the ground directly below the face. The source of
illumination shall not be visible from a right-of-way or
adjacent property ;
' The following signs shall not be permitted in Spring Meadows :
1 . Any sign designed to flash or rotate.
2. No portable sign located on one or more wheels.
3. Any signs painted on the exterior of the building.
4. Any sign attached to a building which extends above the
roof line or above the top of the parapet of the front
wall, whichever is higher.
5. Any sign which impairs the visibility of traffic
control devices or directional signs.
All signage must conform to the City of Bozeman Land Development
Code-Zoning Ordinance and Subdivision Regulations. In the event
' of conflicting requirements, the more restrictive standard shall
apply.
' Project Entry Signage
Permanent project entry signs/monumentation shall be permitted in
two locations and are intended to serve as entrance features as
' well as signage. These features will be suitably landscaped and
may contain elements of an attractive nature.
These signs are : Spring Meadows Entrance , ' Spring Meadows
' Congregate Living.
' These signs and locations are called out on site plans submittals
as presented to the City of Bozeman.
Temporary Sianaae
Marketing suns for different builders will be necessary to
inform prospective community residents for future land use sites.
A color palette will be developed to provide temporary signs with
visual continuity . All signs will utilize a light grey
background with maroon lettering.
' For Sale Signs
For sale signs will be allowed provided that they conform with
' the following standards :
1 . Maximum number : 1 per home or project
' Maximum faces: 2
Maximum height: 4 feet
Maximum size: 4 square feet v
2. Homeowners are permitted one FOR SALE sign for each
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dwelling unit , provided the sign face does not exceed 3
' square feet and the maximum height will be limited to 3 feet.
3. For sale and builder signs shall use , colors and formats as
set forth in temporary signage of design guidelines.
Lighting
The Master Lighting Plan is an essential design element for Spring
Meadows. Based on a colonial lighting theme, the builders will be
responsible for installation of lighting on internal streets and
individual community entrances.
Street Lighting
Lighting along Graf Street will be standard according to the public
works director and engineer for the City of Bozeman.
Lighting on Spring Meadows Drive and Billion Place will be
' installed according to wishes of Homeowners Association as set
forth in voting procedures. This lighting will alternate from
street side to street side so no two lights are directly across
from one another. The light standard will be antique in look and a
colonial type flair similar to those seen in turn of the century
applications. (See Figure 5. 1 )
' Interior Lighting
Lighting within the Spring Meadows multi-family areas will be
' submitted to the architectural committee along with a "Cut Sheet"
showing the proposed light standard. These applications must be
approved by the architectural committee to see that they meet the
design standard that is cohesive with the overall lighting plan.
Sidewalk, parking and building lighting will all be reviewed on the
following criteria:
' * Effect on overall mood
Effect on adjacent properties
# Intensity
# Height in relation to location and adjacent structure
* "Colonial Flair" look
# Number and location in regard to function
Accent Lighting
The use of accent lighting particularly in association with
1 entrance features and signage provides a dramatic sense of arrival.
Entrances and si,gnage adjacent to roadways shall comply with City
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of Bozeman Zoning Code and shall be ground lit only. Flush mounted
' lighting will compliment sign lighting and illuminate vegetation
without affecting oncoming traffic.
Pedestrian areas particularly in higher densities projects should
utilize low level or billiard lighting. This form of lighting will
provide adequate safety with less glare.
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LANDSCAPING
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' VI. LANDSCAPING
A. INTENT
' The landscape design techniques developed for Spring Meadows will
ensure consistency throughout development areas creating a subtle
visual unity and maintaining a high degree of quality. Plant
' materials of varying heights , density and style are the key
elements in creating an innovative plan.
' As guide for prospective builders , general planting principles
and recommended plant species are also included in this document.
This is to:
* ensure that as various phases of the development are
built-out, the character of all open space and landscape
areas will provide harmony in a maturing community .
help to guide the homeowner and builder in the selection
' of species that are compatible with the Bozeman climate
and even further with the site location of Spring Meadows
within the Gallatin Valley .
' A landscape credit has been included in the sales price --of each
lot . This has been done to further control the direction and
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' implementation of the landscaping within Spring Meadows.
B. Landscape Plan
The landscape credit has been designated to one landscape
contractor . A landscape plan must be submitted to the
Architectural Committee with building plans for approval . This
' shall also include multi-family areas which fall under the
proposed methods of irrigation . The landscape credit is
sufficient to provide this landscape plan as well as a sizable
credit towards installation of the actual landscaping.
All landscape improvements shall be completed as per plan within
15 months . This time period shall start at the beginning of
' construction .
C. Neighborhood Landscaping
' An overall development landscape inclusion plan has been
established to enhance the atmosphere of the entire. Spring
Meadows Development. Those items to be addressed include :
*Buffering the Sourdough nature trail from, adjacent
developed areas and create a pleasing setting conducive to
walking , jogging , cross-country skiing and passing time
' al'ong this natural trail . This would include incorporation
of benches and berms to create peaceful sitting areas.
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`Buffering the west boundary line along Graf Park. This has
been done to "Soften" the effect of this development on Graf
Park and the views from, existing residences to the west.
This will also serve to identify the boundary between Spring
Meadows and Graf Park. This landscape is planned to vary in
line from on the boundary line to plantings in Graf Park to
avoid a "Shelter Belt" look.
' *Group plantings are planned at specific areas to add to the
overall look of the area. These are planned:
1 ) In conjunction with the entrance sign on Spring
Meadows Drive.
2) In the area of Flat Creek.
3) At the entrance to Spring Meadows congregate
' living area.
D. Landscape Credit
A landscape credit has been established with one landscape
contractor to ensure that the overall scope of intent is
maintained throughout the build-out of Spring Meadows. This
credit is included in the sales price of the lots and is to be
put into Escrow for the landscaping at the closing of each
•, property . A recommended list of plants is included as a
guideline for initial and ongoing landscaping.
E. Recommended Plant List
� 1Evergreen Trees 5/6'
Colorado Spruce
' Black Hills Spruce
Scotch Pine
Austrian Pine
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Deciduous Trees
' Weeping Birch
Clump Birch
Quaking Aspen 1 1/2"
' Brooks Hybrid Poplar
Flowering Crab
Shubert' s Purple Chokecherry
' Decora Mountain Ash
Japanese Tree Lilac
Ginnala Maple
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Deciduous Shrubs
Potentilla 18/24"
Alpine Currant
Cotoneaster
' Red Twig Dogwood
Lilac
Honeysuckle
' A W Spirea
Gold Flame Spirea
Ashleaf Spirea
Purple Leaf Plum
Golden Elder
Rose Tree of China
Dwarf Highbush Cranberry
Rugosa Shrub Rose .
Evergreen Shrubs
' Mugho Pine 18/241,
Techny Arborvitae
Welchii Upright Juniper 3 '
' Spreading Juniper 18/2411
-Buffalo -Scandia
-Tam -Price of Wales
-Blue Chip -Hughes
-Savin -Pfitzer
F. Landscaping shall be installed prior to filing of the final plat
or by the end of the second planting season.
Any vegetative disturbance on adjacent city property will be .
reclaimed and re-seeded with native pasture grass.
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' VII. OPEN SPACE / TRAILS
A. Intent
' The Sourdough Trail within Spring Meadows has been designated as
an integral part of the character and visual amenities.
Uses permitted within the trail area are to be determined by the
City of Bozeman and the Bozeman Rotary Club.
' B. Accessibility
Trail connections within residential areas are critical and
should be located advantageously so as to encourage open space
use.
The Sourdough Trail has been located to provide a connection to
Graf Park . The Trail crosses Spring Meadows Drive at the
intersection of Graf Street to provide a controlled intersection
crossing point. The area to the northwest of Spring Meadows
t Drive connects directly to Graf Park to provide the area for the
trail in a more natural state than on a sidewalk or street. The
trail extends to the eastern edge of the development to allow for
the potential of future construction to the south.
' C . Park/Open Space Landscape and Maintenance Funding
Funding for landscaping along the trail is proposed to be
provided by the City of Bozeman Park funds , Rotary. Club
involvement, and. developer participation.
fMaintenance of the trails and open spaces are proposed to be
maintained as follows:
*City of Bozeman - dedicated parks
' *Homeowners ' Association - entryways , tracts, local
R.O.W. ' s.
*Bozeman Rotary Club - Sourdough Trail as accepted .
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BY-LAWS
OF
SPRING MEADOWS HOMEOWNERS' ASSOCIATION
' Article I
NAME AND LOCATION : The name of the corporation is "Spring
' Meadows Subdivision Homeowners ' Association" ,' hereinafter
referred to as the "Association. " The principal office of the
' corporation shall be at 412 Bryant, Bozeman , Montana 59715, but
meeting of members and directors may be held at such places
within the State of Montana , County of Gallatin , as may be
designated by the Board of Directors.
Article II
Definitions
SECTION 1 . "Association" shall mean and refer to "Spring
I Meadows Subdivision Homeowners ' Association" , its successor and
assigns.
1 SECTION 2. "Properties" shall mean and refer to that
certain real property described in the Declarations of Covenants,
Conditions and Restrictions, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
SECTION 3. "Common Area" shall mean all real property
owned by the Association for the common use and enjoyment of the
owners .
SECTION 4. "Lots" shall mean and refer to any plot of
land shown upon any recorded subdivision map of the properties
with the exception of the Common Area.
SECTION 5. "Owner" shall mean and refer to the record
owner , whether one or more persons or entities, of the fee simple
r title to any lot which is a part of the properties including
contract sellers , but excluding those having such interest merely
as security for .the performance of the obligation.
SECTION 6 . "Declarant" shall mean and refer to "Spring
Meadows Subdivision Homeowners' Association" , its successor and
assigns if such successors or assigns should acquire more than
one undeveloped lot from the Declarant for the purpose of
development.
I ' SECTION 7. "Declaration" shall mean and refer to the
I Declaration of Covenants Conditions and Restriction applicable"'
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to the properties recorded in the office of the County Clerk and
Recorder of Gallatin County , Montana.
SECTION 8. "Member " shall mean and refer to those
persons entitled to membership as provided in the Declaration.
Article III
MEETING OF MEMBERS
SECTION 1 . ANNUAL MEETINGS. The first annual meeting of
the members shall be held within one year from the date of
incorporation of the Association, and each subsequent regular
meeting of the members shall be held on the same day of the same
month of each year thereafter , at the hour of 10:00 o' clock A. M.
If the day for the annual meeting of the members is a legal
holiday , the meeting will be held at the same hour on the first
r day following which is not a legal holiday.
� ■ SECTION 2. SPECIAL MEETINGS . Special meetings of the
members may be called at any time by the President or by the
' Board of Directors, or upon written request of the member who are
entitled to vote one-fourth ( 1 /4) of all votes of the membership.
The Developer shall serve as the Homeowners ' Association until
1 75% of the lots are built on within the development.
SECTION 3. NOTICE OF MEETING . Written notice of each
meeting of the member shall be given by, or at the direction of
' the Secretary or person authorized to call the meeting , by
mailing ' a copy of such notice , postage prepaid , at least 15 days
before such meeting to each member entitled to vote thereat,
addressed to the member ' s address last appearing on the books of
the Association, or supplied by such members to the Association
for the purpose of notice. Such notice shall specify the place ,
day and hour of the meeting , and , in the case of a special
meeting , the purpose of the meeting.
SECTION 4. QUORUM . The presence at the meeting of
members entitled to cast or of proxies entitled to cast, one-
fourth ( 1 /4 ) of the votes shall constitute a quorum for any
action except as otherwise provided in the Articles of
Incorporation , the Declaration, or these By-Laws. If, however,
such quorum shall not be present or represented at any meeting,
the members entitled to vote thereat shall have power to adjourn
the meeting from time to time, without notice other than
announcement at the meeting, until a quorum as aforesaid shall be
present or be represented .
SECTION 5. PROXIES . At all meetings of members , each
member may vote in person or by proxy. All proxies shall be in
writing and filed with the Secretary . Every proxy shall 'be
revocable and shall automatically cease upon conveyance by the
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member of his lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION & TERM OF OFFICE
SECTION 1 . NUMBER . The affairs of this Association
shall be managed by a Board of three (3 ) Directors , who need not
be members of the Association. The developer shall serve as the
Homeowners ' Association until 75% of all lots are built ,
occupied .
' SECTION 2. TERM OF OFFICE. At the first annual meeting
the members shall elect one Director for a term of one year, one
Director for a term of two years and one Director for a term of
three years ; and at each annual meeting thereafter the members
shall elect one Director for a term of three years.
SECTION 3. REMOVAL . Any Director may be removed from
the Board , with or without cause , by a majority `vote of the
members of the Association. In the event of a death, resignation
or removal of a Director , his successor shall be selected by the
remaining members of the Board and shall serve for the unexpired
term of his predecessor .
' SECTION 4. COMPENSATION . No Director shall receive
compensation for any service he may render to the Association.
However , and Directory may be reimbursed for his actual expenses
Lincurred in the performance of his duties.
SECTION 5. ACTION TAKEN WITHOUT A MEETING . The
Directors shall have the right to take any action in the absence
of a meeting which they could take at a meeting by obtaining the
written approval of all the Directors . Any action so approved
shall have the same effect as though taken at a meeting of the
Directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
SECTION 1 . NOMINATION. Nomination for election to the
Board of Directors shall be made by a nominating committee.
Nominations may also be made from the floor at the annual
meeting. The nominating committee shall consist of a Chairman ,
who shall be a member of the Board of Directors , and two or more
members of the Association. The nominating committee shall be
appointed by the Board of Directors prior to each annual meeting
until the close of the next annual meeting and such appointment
shall be announced at each annual meeting. The nominating
committee shall make as many nominations for election to the
Board of Directors as it shall in its discretion determine , but
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not less than the number of vacancies that are to be filled .
Such nominations may be made from among members or non-members .
SECTION 2. ELECTION. Election to the Board of Directors
shall be by secret written ballot. At such election the members
or their proxies may cast, in respect to each vacancy , as many
votes as they are entitled to exercise under the provision of the
Declaration. The persons receiving the largest number of votes
shall be elected. Cumulative voting is not permitted .
ARTICLE VI
MEETINGS OF DIRECTORS
SECTION 1 . REGULAR MEETINGS . Regular meetings of the
Board of Directors shall be held monthly without notice , at such
place and hour as may be fixed from time to time by resolution of
the Board . Should said meeting fall upon a legal holiday , then
that meeting shall be held at the same time on the next day which
is not a legal holiday .
SECTION 2. SPECIAL MEETINGS . Special meetings of the
Board of Directors shall be held when called by the President of
the Association , or by any two Directors, after not less than
three (3) days notice of each Director .
SECTION 3. QUORUM . A majority of the number of
Directors shall constitute a quorum for the transaction of
business. Every acto or decision done or made by the majority of
the Directors present at a duly held meeting at which a quorum is
present shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
rSECTION 1 . POWERS . The Board of Directors shall have
the power to:
(a ) adopt and publish rules and regulations governing the
use of the common area and facilities, and the personal conduct
of the members and their guests thereon , and to establish
penalties for the infraction thereof;
(b ) suspend the voting rights and right to use of the
' recreational facilities of a member during any period in which
such member shall be in default in the payment of any assessment
levied by the Association. Such rights may also be suspended
after notice and hearing, for a period not to exceed sixty (60)
days for infraction of published rules and regulations ;
( c ) exercise for the Association all powers , duties, and
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authority vested in or delegated to this Association and not
reserved to the membership by other provisions of these By-Laws,
the Articles of Incorporation, or the Declaration;
' ( d ) declare the office of a member of the Board of
Directors to be vacant in the event such member shall be absent
from three (3 ) consecutive regular meetings of the Board of
Directors ;
( e ) employ a manager , an independent contractor , or such
other employees as they deem necessary , and to prescribe their
duties .
SECTION 2. DUTIES. It shall be the duty of the Board of
Directors to:
(a ) cause to be kept a complete record of all its acts and
corporate affairs and to present a testament thereof to the
members at the annual meeting of the members , or at any special
meeting when such statement is requested in writing by one-fourth
(1/4 ) of the members who are entitled to vote;
(b ) supervise all officers, agents and employees --of this
Association, and to see that their duties are properly performed .
i (c ) as more fully provided in the Declaration to:
( 1 ) fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of each
annual assessment period ;
(2 ) send written notice of each assessment to
every owner subject thereto at least thirty (30) days in advance
of each annual assessment period ;
j (3 ) foreclose the lien against any property for
which assessments are not paid within thirty (30) days after due
date or to bring an action of law against the owner personally
obligated to pay the same ;
(d ) issue , .or to cause an appropriate office to issue upon
demand by any person, a certificate setting forth whether or not
any assessment has been paid . A reasonable charge may be made by
the Board for the issuance of these certificates . If a
certificate states an assessment has been paid , such certificate
shall be conclusive evidence of such payment;
(e ) procure and maintain adequate liability and hazard
1 insurance on property owned by the Association.
( f ) cause all officers or employees having fiscal
responsibilities to be bonded , as it may deem appropriate;
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(g) cause the Common Area to be maintained specifically as
' follows:
( 1 ) All common areas shall be continuously
maintained in a quality manner to benefit : values, maintenance ,
function and aesthetics.
(2) Assessments shall be voted on in accordance
with declaration if covenants to cover anticipated annual
expanses for upkeep and to maintain a modest retainable fund for
unexpected needs and future replacements.
(3) The Board of Directors shall see to contracts
or purchases as shall be necessary for : mowing , painting ,
patching , replacements , snow removal , trash removal , pool
maintenance or other items as may become necessary to maintain
the quality environment of the common areas .
iARTICLE VIII
OFFICERS
The officers of the corporation shall consist of a
President , Vice-President, Secretary, Treasurer and such other
officers as shall from time to time be chosen and appointed . The
office of Secretary. and Treasurer may be held by the same person ;
and the officers shall be elected by the Board of Directors . The
President and Vice-President shall be members of the Board of
Directors , 'but the Secretary and Treasurer and other officers
need not be members of the Board of Directors . The first
election of officers shall be immediately after the organization
of the Board of Directors, and subsequent elections shall be held
annually upon the day of the first regular meeting of the Board
of Directors after the annual meeting of the members. All
officers shall be removable by the Board of Directors at any
time. The Board of Directors may, by resolution , provide for the
office of Assistant Secretary and Assistant Treasurer, and may ,
by such resolution , designate their duties and fix the amount of
bond which may be required of them.
In case of death, resignation or removal of any officer of
this corporation , the Board 'of Directors shall elect his
successor , who shall hold the office by a like tenure for the
• unexpired term. .
PRESIDENT
( a )The President shall preside at all meetings of the
Directors and members shall have authority , jointly with the
Secretary , to execute contracts, notes and securities for and on
behalf of said corporations, subject to the limitations of these
By-Laws and such limitation and directions and control as the
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Board of Directors may exercise relating to his duties and
authority . He shall sign all stock issued and all deeds and
papers which shall require his signature and perform such other
duties as pertain to his office.
VICE-PRESIDENT
(b) The Vice-President shall act in the place and stead of
the President in the event of his absence , inability or refusal
to act, and shall exercise and discharge such other duties as may
be required of him by the Board .
SECRETARY
(c ) The Secretary shall record the votes and keep the
�1 minutes of all meetings and proceedings of the Board and of the
members ; keep the corporate seal of the Association and affix it
I on all papers requiring said seal ; service notice of meeting of
the Board of Directors and of the members ; keep appropriate
current records showing the members of the Association together
with their addresses , and shall perform such other duties as
required by the Board .
TREASURER
(d ) The Treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall disburse
such funds as directed by resolution of the Board of Directors ;
shall sign all checks and promissory notes of the Association ;
keep proper books of account ; cause an annual audit of the
Association books to be made by a public accountant at the
' completion of each fiscal year ; and shall prepare an annual
budget and statement of income and' expenditures to be presented
to the membership at its regular meeting , and deliver a copy of
' each to the members.
ARTICLE IX
COMMITTEES
The Board of Directors shall appoint committees as deemed
appropriate in carrying out its purpose.
(a ) An Architectural Committee consisting of the developer ,
architect and designated landscape contractor shall serve for the
Ientire build-out of Spring Meadows.
ARTICLE X
tBOOKS AND RECORDS n
The books , records and papers of the Association shall at
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all times , during reasonable business hours , be subject to
' inspection by any member . The Declaration , the Articles of
Incorporation and the By-Laws of the Association shall be
available for inspections by any member at the principal office
of the Association, where copies may be purchased at reasonable
cost.
ARTICLE XI
ASSESSMENT
As more fully provided in the Declaration , each member is
obligated to pay to the Association annual and special
assessments which are secured by a continuing lien upon the
1 property against which the assessment is made. Any assessments
which are not paid when due shall be delinquent. If the
assessment is not paid within thirty (30) days after the due
date , the assessment shall bear interest from the date of
delinquency at the legal rate and reasonable attorney ' s fees , and
the Association may bring an action at law against the owner
personally obligated to pay the same or foreclose the lien
against the property , and interest costs , and reasonable
attorney ' s fees of any such action shall be added to the- amount
of such assessment. No owner may waive or otherwise escape
I liability for the assessments provided for herein by nonuse of
the common area or abandonment of his lot.
ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words: "Spring Meadows Subdivision
Homeowners ' Association. "
ARTICLE XIII
AMENDMENTS
SECTION 1 . These By-Laws may be amended at regular or
special meetings of the members , by a vote of a majority of a
quorum of members present in person or by proxy.
SECTION 2. In case of any conflict between the Articles of
Incorporation and these By-Laws, the Article shall control ; and
1 in case of any conflict between the Declaration and these By-
Laws, the Declaration shall control .
1
ARTICLE XIV
MISCELLANEOUS
' The fiscal year of the Association shall begin on the first
day of January and .end on the 31st day December of every year,
except that the first fiscal year shall begin on the date of
' incorporation.
IN WITNESS WHEREOF , we , being all of the Directors of the
"Spring Meadows Subdivision Homeowners ' Association" have
1 hereunto set our hands this day of , 1987.
r CERTIFICATION
i.
I , THE UNDERSIGNED , do hereby certify :
That I am the duly elected and acting Secretary of the
Spring Meadows Subdivision Homeowners ' Association , a Montana
Corporation, and ,
iThat the foregoing By-Laws constitute the original By-
Laws and said Association, as duly adopted at a meeting of the
Board of Directors thereof , held on the day of
1987.
IN WITNESS WHEREOF , I have hereunto subscribed my name
' and affixed the seal of the Association on this day of
1987 .
ITS SECRETARY
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II
DECLARATION OF PROTECTIVE COVENANTS
' SPRING MEADOWS SUBDIVISION HOMEOWNERS' ASSOCIATION
' The undersigned , being the owners of all the real property
hereinafter described in Article One of this Declaration, hereby
adopt the following Declaration of Protective Covenants
pertaining to and effecting the use, regulations , restrictions,
reservations , easements and development' of that certain real
property described in Article One.
' It is the intent of the undersigned that the real property
shall be held , transferred , sold , conveyed and occupied subject
to covenants , conditions, restrictions, regulations, easements
and reservations hereinafter described in detail and set forth
each and all of which shall be binding upon and shall apply to
any and all owners of any parcels or tracts of the herein
described real property ,' and to any and all heirs , assigns,
' grantees, personal representatives and/or successors in interest
thereto.
' I .
PROPERTY SUBJECT TO THIS DECLAPATION
OF PROTECTIVE COVENANTS
The real property which is and shall be conveyed ,
transferred , occupied and . sold subject to the conditions ,
covenants, restrictions, regulations , reservations and easements ,
as set forth in the various clauses and covenants of this
Declaration , is located in the County of Gallatin , State of
Montana, and more particularly described as set forth in Exhibit
"A" attached hereto and by this reference made a part thereof.
II.
DEFINITIONS
' 1 . "Association" shall mean Spring Meadows Subdivision
Homeowners ' Association, its successors and assigns, which shall
be incorporated as a Montana non-profit Corporation , with its
members as the lot owners.
2 . "Member" shall mean any person or entity owning or
purchasing a lot in ' Spring Meadows Subdivision. Each lot owner
shall be a member of the Association and agrees to abide and to
be bound by these covenants, and the Articles of Incorporation,
' By-Laws and Resolution of the Association.
3. "Owner" shall mean the legal title holders or contract
purchases , whether one or more persons or entities , owning or
' purchasing a fee simple title to any lot but excluding those
having an interest merely as security for the performance of an
obligation ; provided , however , that prior to the first conveyance
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of each portion of the properties for value , owner shall mean
' Grantor . Prior to such conveyance or contract sale , Grantor
shall have the right to retain such rights incidental to
ownership hereunder as it may- desire in its discretion.
4 . "Lot" shall refer to a parcel of land derived by
dividing a tract into two or more parcels.
' 5. "May" is permissive.
6. "Shall" is mandatory
HOMEOWNERS ' ASSOCIATION
' It is the intention of the undersigned that an Association
be formed and be called Spring Meadows Homeowner ' Association,
but for convenience shall be referred to in this document as the
' "Assoc i ation".
The Association shall be formed by the owners of the various
tracts within the development to care for , protect and maintain
' the reads , boundary fences, drainage easements, open areas and
any other matters which may serve the development so as the same
will be maintained for the benefit of the development of the
' owners of the individual tracts therein.
Every owner of a tract shall be a member of the Association.
' Every person or entity who is the owner of a fee or of an
equitable title in a lot or living unit , or who is subject to an
assessment , either present or future , by the Association ,
pursuant to the provisions of any instrument relating to such
' assessment, shall be a member of the .Association.
For the purpose of determining membership, such ownership
' shall be deemed to have vested upon delivery of a duly executed
deed or contract to the grantee or vendee . The legal title
retained by the vendor selling under a contract shall not qualify
such vendor for membership.
' Foreclosure on a contract or repossession for any reason of
a lot or unit sold under contract shall terminate the vendee' s
' membership, whereupon all rights to such membership shall revest
in the vendor.
Each member of the Association shall have the right to vote
' as set forth in the Articles of Incorporation of the Homeowners '
Association.
The membership rights (-including voting rights ) of any
member may be suspended by action of the Board of Directors iX
such a member shall have failed to pay when due any assessment or
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charge lawfully imposed upon him or any property owned by him, if
the member, his family, his tenants or guest of any thereof, shall
have violated any rule or regulation of the Board regulating the
use of any property or conduct with respect thereto.
Assessment: The Association shall levy an assessment on each
tract and the owner thereof for the purpose of promoting the
recreation, health, safety and welfare of the residence of the
properties for the improvement, repair, maintenance, and snow
removal of the roads, sidewalks, emergency access and for such
other purposes that my be approved by " two-thirds ( 2/3 ) of the
tract owners. Further, the assessment for landscape development
plan, which includes a development schedule and maintenance
provision. Further, an annual assessment option shall be extended
for yard and landscape maintenance within each owners private yard
should they so desire. The declarant for each tract owned within
the property herein described, hereby covenants, with each owner
of any tract or development thereof by the acceptance of a deed is
deemed to covenant and agree to pay the Association, such
assessment as shall be levied by the Association on an annual
basis. The annual assessment shall be charged upon the land and
shall be. continuing lien upon the property and tract upon which
the assessment is made. Each assessment shall also be the
personal obligation of the person who is the owner of the property
at the time the assessment fell due, and in the event of any
action to enforce the collection of any assignment, the
Association shall be entitled to its costs and interest at the
legal rate from the date due and reasonable attorney' s fees. The
Association may require the assessment lien at the time it is
assessed with the Gallatin County Clerk and Recorder, and in such
event, the receded lien shall be noticed to all third persons of
the assessment lien outstanding against each tract. The maximum
assessment per lot which may be made by the Association each
calender year shall not substantially exceed the actual and
reasonable costs incurred by the Association carrying out the
purposes herein set forth. The amount of an annual assessment
shall be fixed by the Association.
In addition to the assessments made above, the Association
shall have the ability to levy special assessments for capital
improvements upon the property which assessments shall require
approval by two-thirds ( 2/3 ) of the tract owners.
Directors: Members of the Association shall, on February 1
of each year, elect three (3 ) directors who shall have the power
and responsibility of setting the amount of the assessments on
each lot for each year. Such directors shall be elected by a
majority of the voters represented at a quorum of any meeting of
the Association, and may be removed from time to time at any
regular called meeting of the Association.
Notice and Quorum for Meetings and Actions: Written notice
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cha e lawfully imposed upon him or any pro/enned b him, if
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the tuber , his family, his tenants or guest ereof , shall
' have violated any rule or regulation of the B ating the use
of any roperty or conduct with respect there
' Asse sment : The Association shall levyssment on each
tract an the owner thereof for the purpromoting the
recreation , health , safety and welfare ofsidence of the
properties or the improvement , re paer , nce , and snowSremoval of th roads and . sidewalks oor� "'u rposes that may��`j .
' be approved b two-thirds (2/3) of th/aa
owners. Further, theme
assessment for andscape maintenance ssure adherence to the
' approved landsc pe development plan, includes a development
schedule and maintenance provision. , an annual assessment
option shall be e tended for yard andape maintenance within
each owners privat yard should they re. The declarant for
each tract owned within the prope ty herein described , hereby
covenants, with each owner of any ract or development thereof by
the acceptance of a d ed is deemecj�to covenant and agree to pay to
' the Association , su h assess , ent as shall be levied by the
Association on an ann al basi The annual assessment shall be
.charged upon the land an shall be continuing lien upon the property
' and tract upon which the assessrr,ent is made. Each assessment shall
also be the personal obli at�a/on of the person who is the owner of
the property at the time t`he assessment fell due , and in the event
of any action to enforce the collection of any assignment, the
' Association shall be entitfed� to its costs and interest at the legal
rate from the date d e and reasonable attorney ' s fees. The
Association may requi e the assessment lien at the time it is
assessed with the Gal atin Co my Clerk and Recorder , and in such
event , the receded lie shall be noticed to all third persons of the
assessment lien 0Jstanding gainst each tract . The maximum
assessment per to which may -e made by the Association each
' calender year shall not subst ntially exceed the actual and
reasonable costs incurred by the Association carrying out the
purposes herein s t forth. The amou t of an annual assessment shall
' be fixed by /thessociation.
In add to the assessments ade above , the Association
shall have ability to levy speci 1 assessment for capital
improvementon the property which ssessments shall require
approval by / hirds (2/3) of the tract wners.
Direct. rs : Members of the Association shall , on February 1 of
each year,/ elect three (3 ) directors who sh 11 have the power and
responsibi ity of setting the amount of the a sessments on each lot
i for each year. Such directors shall be electe by a majority of the
' voters rFpresented at a quorum of any meeting of the Association,
and may be removed from time to time at any regular called meeting
of the Association.
Notice and Quorum for Meetings and Actions: Written notice: of
any meeting called for the purpose of taking any action
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authorized hereunder shall be mailed to all members not less than
' fifteen ( 15 ) days or more than ( 40 ) days in advance of the
meeting . At such meetings called , the presence of members or of
proxies entitled to cast sixty-six percent (66% ) of all the votes
' of the members shall constitute a quorum . - If the required quorum
is not present, another meeting may be called subject to the same
notice requirement , and the required quorum at the subsequent
meeting shall be one-half ( 112) of the required quorum at the
' preceding meeting. No such subsequent meeting shall be held more
than forty (40) days following the preceding meeting.
' Date of Commencement of Annual Assessments: Due Date: The
annual assessment provided herein shall commence as to all tracts
on the date determined by the Board of Directors. The Board of
Directors shall fix the amount of the annual assessments against
each lot at least ninety (90) days in advance of the date of each
annual assessment. Written notice of the annual assessment and
the due date shall be sent to every owner or member subject
thereto . The Board of Directors may require the annual
assessments to be paid in twelve ( 12) equal monthly installments.
The Association shall , upon demand , and for a reasonable charge ,
furnish a certificate signed by a Director of the Association
setting forth whether the assessment of a specified lot has been
paid .
Effect of Nonpayment of Assessments : Remedies of the
Association : Any assessment not paid within sixty (60) days
after the due date shall bear interest at the rate of twelve
1 percent ( 12% ) per annum. Any past due assessment on any lot may
be recorded at the office of the Clerk and Recorder of Gallatin
County , Montana , and from the date of recording shall be notice
of the lien of the assessment to all third parties . The
Association may bring an action at law against the owner
personally obligated to pay the same or foreclose the lien
against the property . No owner may waive or otherwise escape
liability for the assessments provided for herein by non-use or
abandonment of his lot.
' Sale or Transfer of a Tract : Sale or transfer of any tract
shall not affect the assessment lien or the personal liability of
the owner except to the extent extinguished by Montana law
pertaining to liens, mortgages, and trust indentures. No sale or
transfer shall relieve such tract from liability for any
assessments thereafter- due or from the lien thereof , provided
that if the assessment lien has not been recorded with the C-lerk
' and Recorder of Gallatin County , Montana , a good faith purchaser
shall take the property free of the lien .
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IV.
' LAND USE REGULATIONS
Uses Permitted : A family dwelling with one living unit in a
single building may be installed on the tracts that are so
designated . Multi-family units may be constructed on those lost
so designated . Those units must fall within the City of Bozeman
guidelines for Spring Meadows Subdivision .
' In addition to the dwelling , there may be added private
garage and outbuildings incidental to residential use of the
' premises . Any outbuilding must have approval of the
Architectural Committee as well as the City of Bozeman prior to
construction . All construction shall be completed on the
exterior within ninety (90) days unless arranged prior with the
Architectural Committee. Final interior construction shall be
completed within one ( 1 ) year of start, with all landscaping in
place within fifteen ( 15 ) months of start. Exception to the
' above is for the installation of foundations prior to winter for
above ground start commencing in the following spring. In this
case prior approval of the Architectural Committee is required .
This shall apply as variance to the ninety (90) day exterior
' completion requirement only . In such case the site shall be
taken to final grade except for one top soil pile not to exceed
fifty (50) cubic yards and not left with other excavation piles
' during the winter months .
Any unbuilt lots shall be maintained by the Homeowners '
' Association and costs assessed to the particular lot. This shall
include mowing at intervals to eliminate grasses over four (4)
inches in height.
' One temporary building may. be used on any tract during the
course of continuous installation, not to exceed one ( 1 ) year
from start of construction.
' No dwelling building can be used as a dwelling until house
is completely enclosed and roof is on.
' No store, theater, tavern or entertainment establishment of
any kind , or any shop of any kind , may set up as a permanent or
temporary business for the purposes of any commercial operation,
' shall be permitted upon any lot at any time , . with the exception
of cottage industries , which may be permitted .
' In order to preserve the natural beauty of the property , no
one shall unreasonably cut or remove the natural trees and timber
from the property , and in the erection of structures on the
property , care shall be taken to remove as little of the natural
growing timber as possible. Under no circumstances shall any of
the natural trees or timber be cut , remove.d or sold fo,r
commercial purposes .
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of any meeting called for the purpose of taking any action..
The only roads permitted in said real property described in
Exhibit "A" shall be those set forth on the plat thereof, subject,
however, to utility and drainage easements, which may be required
to be installed to the various tracts of land in said subdivision.
Said utility easements shall only be used for installation,
maintenance and repair of utilities, and , shall not be used as a
through road. The restriction against roads, however, shall not
prohibit the use of driveways for access to private residents on
the lots from the main roads fronting said lots. Any private road
shall be approved by the committee.
All zoning and other laws, rules, regulations of any
government or agency under whose jurisdiction the land lies are
considered to be a part of and enforceable hereunder and all the
owners of said lands shall be bound by such laws, rules and
regulations.
The owner of each tract shall control the weeds and all
noxious plants on his tract, provided, however, that he shall not
use poison harmful to humans or animals and enjoyment of the
occupants of said property. In the event the owner shall not
control the weeds or noxious plants, the Association may cause the
weeds or noxious plants to be controlled, and may assess the lot
owner for the costs thereof.
The invalidation of any one of the covenants or agreements
contained herein by a judgement of a Court Order by law shall in
no way affect any of the other provisions which shall remain in
full force and effect.
Each building site owner must assume the burden of supplying
power systems, which shall be maintained at all times in
accordance with all applicable rules and regulations of any public
agency and in accordance with any rules established by developer
not consistent with such rules and regulations of the public
agency or with provisions of the Declaration of Covenants.
There shall be no- incinerations or burning of garbage, trash,
or other waste or debris on any building lot. All such waste
material, except that which`may be clean and efficiently disposed
of through the use of Sanitary Landfill or to such other publicly
maintained and operated place of disposition as may be
convenient, or shall be disposed of in such other manner as may
be designated by the Association.
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The only roads permitted in said real property described in
' Exhibit "A " shall be those set forth on the plat thereof ,
subject , however , to utility and drainage easements, which may be
required to be installed to the various tracts of land in said
subdivision . Said utility easements shall only be used for
' installation, maintenance and repair of utilities , and shall not
be , used as a through road . The restriction against roads ,
however , shall not prohibit the use of driveways for access to
private residents on the lots from the main roads fronting said
lots. . Any private road shall be approved by the committee.
All zoning and other laws , rules , regulations of any
' government or agency under whose jurisdiction the land lies are
considered to be a part of and enforceable hereunder and all the
owners of said lands shall be bound by such laws , rules and
regulations.
The owner of each tract shall control the weeds and all
noxious plants on his tract, provided , however , that he shall not
use poison harmful to humans or animals and enjoyment of the
occupants of said property. In the event the owner shall not
control the weeds or noxious plants, the Association may cause
' the weeds or noxious plants to be controlled , and may assess the
lot owner for the costs thereof .
The invalidation of any one of the covenants or agreements
' contained herein by a judgement of a Court Order by law shall in
no way affect any of the other provisions which shall remain in
full force and effect.
Each building site owner must assume the burden of supplying
power systems , which shall be maintained at all times in
1 accordance with all applicable rules and regulations of any
public agency and in accordance with any rules established by
developer not inconsistent with such rules and regulations of they
public agency or with provisions of the Declaration of Covenants. WV`Z
' The owne of t or* more building lots may join together in\5 J
the installat ' and maintenance of domestic water supply '�v� g
facilities for h r joint use, so long as in accordance with al
applicable r es and regulations of any public agency. /
There shall be no incineration or burning of garbage , trash ,
' or other waste or debris on any building lot. All such waste
material , except that which may be clean and efficiently disposed
of through the use of Sanitary Landfill or to such other publicly
' maintained and operated place of disposition as may be
convenient, or shall be disposed of in such other manner as may
be designated by the Association.
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These restrictions , conditions and limitations shall run
with the land and shall be binding upon the present owners and
all subsequent owners of any portion of the area included within
the aforesaid plat. The grantee of any portion of said property
covenants and agrees by the acceptance of a conveyance ,
' faithfully to observe and comply with the said restrictions,
conditions and limitations applicable thereto.
Any provisions herein may be enforced by any owner of any
portion of the area included within the plat , or by the
developer , either by an action for damages arising out of a
violation, or by an action to restrain continuing violation or in
any other manner permitted by law. In any action of any kind for
the enforcement of these restrictions, if the relief paid for is
granted in whole or in part, the applicant for the relief shall
' be entitled to recover necessary costs of the action, including
attorney ' s fees.
' Each lot owner is responsible for the costs of bringing
electricity and telephone services to his residence from the
primary line. All utilities shall be underground .
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Livestock: No animals and livestock may be raided , _. bred or
kept on any part of the property .
' 1 . Livestock included poultry and fowl .
2. All pets shall be kept on a leash or in a fenced
area .
3. No swine of any kind shall be permitted for any
purposes on the property.
All Articles of the Spring Meadows design guidelines shall
become part of these covenants and enforceable as the same.
Storage of Materials : The storage of supplies or equipment,
t boxes , refuse , trash , materials , machinery or machinery parts
that shall distract from the aesthetic values of the property
shall be placed and stored in buildings for that purpose.
' Use of Easements : No dwelling or improvements shall be
placed on nor shall any material , equipment or refuse be placed
on any part of said property within the area of the easement
' reserved as indicated on the plat of the property filed in the
office of the Clerk and Recorder or Gallatin County Montana, or
the easement reserved and created in these Protective Covenants.
' Nuisance : No noxious or offensive activity shall be carried
on upon any portion of the property , nor. shall anything be done
thereon which may be or may become an annoyance or nuisance to
' that neighborhood , or seriously depreciate the natural
environmental qualities of the property.
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d
Public Utilities: There is hereby reserved, for the purpose
of public utilities, a permanent easement across a strip of land
twenty ( 20) feet wide from the back line and each non-common lot
line (ten feet each side of common lot lines ) of each lot or plot
within the subdivision.
1 Valley View Golf Course: Those lots that adjoin Valley View
Golf Course must take precautions to not allow trespassing from
' the lot onto the private golf club. Interference, trespassing or
damage to Valley View golf course shall. be in violation of these
Covenants and pertinent City and State laws.
Patio Home: Any two adjoining lots may with approval of the
architectural committee agree to wave the setback requirement on
the common lot line in order to position the two proposed
' buildings either closer to or adjoining on the common lot line.
Mutual agreement shall be made; recorded to this effect.
' Common Areas: Common owned open spaces, roadways, walks,signals , lighting and landscaping shall be maintained in
accordance with Home Owners ' Association provisions.
V.
EASEMENTS
' Easements for roads, drainage, electricity, telephone,
lighting, water, sewer, cable television, and all other utilities,
bridle paths, pedestrian traffic or any other service or utility
' shall be and are hereby reserved.
All road easements as shown on the plat shall include a
corresponding easement for drainage, electricity, telephone,
' lighting, water, sewer, cable television and all other utilities.
No trees or bushes are to be placed in easement areas.
No utility, service line or facility shall be installed or
replaced without the prior approval of 'the Association. All
easement areas must be restored, at the expense of the utility or
service entity doing such work, to as near the condition that
' existed previous to such work as possible. At the discretion of
the Association, a bond 'may be required of the utility or service
entity to ensure compliance with this provision.
' No external TV antennas shall be permitted. No radio
antennas shall be permitted in excess of three ( 3 ) feet.
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' Public U u li Utilities: There is hereby reserved , for the purpose
' of public utilities , a permanent easement across a strip of land
twenty (20) feet wide from the` back line and each non-common lot
line (ten feet each side of common lot lines ) of each lot or plot
within the subdivision.
' Valley View Golf Course : Those lots that adjoin Valley View
Golf Course must take precautions to not allow trespassing from
' the lot onto the private golf club. Interference, trespassing or
damage to Valley View golf course shall be in violation of these
Covenants and pertinent City and. State laws.
' Patio Home : Any two adjoining lots may with approval of the
architectural committee agree to wave the setback requirement on
the common lot line in order to position the two proposed
' buildings either closer to or adjoining on the common lot line.
Mutual agreement shall be made; recorded to this effect.
Common Areas : Common owned open spaces , roadways, walks,
signals , lighting and landscaping shall be maintained in
accordance with Home Owners ' Association provisions.
I V.
EASEMENTS
Easements for roads , drainage , electricity , telephone ,
' lighting , water , sewer , cable television , and all other
utilities , bridle paths , pedestrian traffic or any other service
or utility shall be and are hereby reserved .
All road easements as shown on the plat shall include a
corresponding easement for drainage , electricity , telephone,
' lighting , water , sewer , cable television and all other utilities.
Easement areas may be 1 n scaped by property owners so as to'S � s�
enhance their appearanceo long as landscaping does not
i ' interf-e-r-e--with t--h-e -to-se -of the property as an easement.
No utility , service line or facility shall be installed o
replaced without the prior approval of the Association. All
easement areas must be resto.r__e.d ,_ at the expense of the utility or ��'�
service entity doing such work, to as----ne-ar- the condition that i�`
existed . previous to such work as possible. At the d-rscretion ofthe Association, a bond may be required of the utility or service 4
entity to ensure compliance -w-i-t.h__tb.i.s �rovis_i.on.
' No external TV antennas shall be permitted . No radio
antennas shall be permitted in excess of three (3) feet.
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II,
VI.
' ENFORCEMENT , APPLICABILITY , AND CHANGE
These covenants are to run with the land and shall be
' binding on all parties and all persons claiming under them for a
period of twenty-five (25) years from the date these covenants
are recorded , after which time said covenants automatically shall
be extended for successive periods of ten ( 10 ) years unless
' changed in whole or in part as hereafter stated .
Enforcement of these covenants shall be by proceedings
either at law or in equity against any person or persons
' violating or attempting to violate any covenant ; and the legal
proceedings may be either to restrain violation of the covenants
or to recover damages or both. In the event of any action to
' enforce these covenants the prevailing party shall be entitled to
costs and a reasonable attorney' s fee to be set by the Court.
Any lot owner , declarant. or the Association may enforce these
' covenants.
The failure by the declarant hereto or of any subsequent lot
owner to enforce any covenant or restriction contained herein
shall in no event be deemed a waiver or in any way prejudice the
right to enforce that covenant or any other covenant thereafter
or to collect damages for any subsequent breach of covenants.
tInvalidation of any one of these covenants by Judgment or
Court Order shall in no wise affect any of the other covenants or
' provisions, all of which shall remain in full force and effect.
In any conveyance of the above-described real property or of
any tract hereon , it shall be sufficient to insert a provision in
any deed of conveyance to the effect. that the property is subject
to the restrictions and covenants herein contained without
setting forth such restrictions and covenants verbatim or in
' substance in said deed. All of the above-described real property
and lots shall be subject to the restrictions and covenants set
forth whether or not there is a reference to the same in a deed
of conveyance .
' A breach of any of the foregoing restrictions or covenants
shall not defeat or render invalid the lien of any mortgage or
' deed of trust made in good faith and for value upon any tract or
portion of the real property or any improvement thereon.
However , the said restrictions and covenants shall be binding
upon and insure to the benefit of any subsequent owner whose
title thereto was acquired by foreclosure , trustee , sale or
otherwise.
' These covenants may be changed in whole or in part by the
execution , acknowledgement and recording of an instrument in
writing setting for the change signed by the owners of at least
' 9
seventy-five c v f t of eventy five Percent ( 75� ) of the votes o he lots in the
subdivision.
Any change of covenants shall be effective upon the filing
and recording of such an instrument in the office of the Gallatin
County Clerk and recorder. Any change in these covenants shall
not affect existing .structures and uses of the lots.
XII.
AMENDMENT
These covenants or any portion thereof may be amended ,
abandoned , terminated , modified , or supplemented at any time by
the written consent, duly recorded with the office of the Clerk
and Recorder of Gallatin County , Montana , of the . owners of
seventy-five percent ( 75% ) of the privately owned land included
jwithin the boundaries of the development.
XIII .
SEVERABILITY
A determination of invalidity of any one or more of the
covenants hereof by judgment, order or decree of a Court, shall
not affect in any manner the other provisions hereof, which shall
remain in full force and effect .
IN WITNESS WHEREOF , the developers have executed this
. instrument this day of 19
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STATE OF , MONTANA )
ss.
rCounty of Gallatin )
' On this day of , A.D. 19 ,
a Notary Public for the State of Montana , personally appeared
1 ,
known to me to be the persons who executed the within and
foregoing instrument and acknowledged to me that they executed
rthe same .
r
Notary . Public for the State of Montana
(Seal ) Residing at
My commission expires
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C-0-C vi e (-C
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BOZEMAN CITY ZONING COMMISSION
STAFF REPORT
ITEM: ZONING APPLICATION #Z-8711 -- AN APPLICATION FOR A
PLANNED UNIT DEVELOPMENT UTILIZING DEVELOPMENTAL
GUIDELINES IN AN "R-2" (RESIDENTIAL-SINGLE FAMILY,
MEDIUM DENSITY) ZONING DISTRICT
APPLICANT: SPRING MEADOWS PARTNERSHIP, 618 WEST GRIFFIN DRIVE,
BOZEMAN, MONTANA
DATE/TIME: TUESDAY, APRIL 28 , 1987 , AT 7 : 00 P.M. , MEETING ROOM,
BOZEMAN PUBLIC LIBRARY, 220 EAST LAMME STREET,
BOZEMAN, MONTANA
REPORT BY: MARCIA: ELKINS, LONG RANGE PLANNING AND SUBDIVISION
ADMINISTRATOR
------------------•-----------------------------------------------
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Location/Descript`ion
The property in question is described as a portion of the
Northwest Quarter of Section 19 and Certificate of Survey No.
819A located in the Northwest Quarter of Section 19 , Township 2
South, Range 6 \East, M. P.M. , City of Bozeman, Gallatin County,
Montana . The property is more generally described as being
located east of East Graf Park, south of Westridge Meadows P.U.D.
and west of the Valley View Golf Course. It is also known as the
proposed Spring Meadows Subdivision. The proposed P.U.D. incor-
porates 18 .6 acres of land .
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R-2
General Description
The applicant is proposing the development of a 27 lot
planned unit development in conjunction with Spring Meadows Sub-
division. The proposed P.U.D. would int6grate a variety of
housing types and densities on the 18 . 6 acre site, including
single family, multi-family and congregate housing units. Lots 1
through 24 in Block 1 would be designated for single family
dwelling units. Lot 1 in Block 2 and Lot 1 in Block 3 would
accommodate a maximum of 18 multi-family dwelling units. A
congregate housing project for retired persons is proposed for
Lot 2 in Block 2 . It would accommodate 75 dwelling units. Lot
sizes within the P.U.D. range from 8 ,900 square feet. to 4 .96
acres. A total of 117 dwelling units are proposed for location
on the site.
Dedicated park land and common open space have been inte-
grated throughout the plan with an emphasis on extending the
Sourdough Trail from East Graf Park to the southeastern property
boundary. A total of 2. 57 acres of- parkland has been proposed for
dedication as part of Spring Meadows Subdivision . Approximately
2.5 acres of additional common open space have also been proposed
as part of the P.U.D. The P.U.D. proposal adresses the installa-
tion of landscape and berming buffers along the boundary abutting
East Graf Park and along the extension of the Sourdough Trail .
The proposal also seeks to relocate Flat Creek at the northern
end of the development and develop fish habitat as part of the
watercourse development project. Ponds and picnic areas would be
developed at the southwest area of the site along the marshy
spring area associated with Matthew Bird Spring Creek. Graf
Street, a collector street, has been proposed as a public street.
The other streets within the development, Spring Meadows Drive
and Billion Place, have been proposed as private streets.
Land Use
The Bozeman Area Master Plan Land Use Plan designates the
property under consideration as Low Density, Residential , allow-
ing a maximum of seven dwelling units per acre. The current
zoning , "R-2" (Residential-Single Family, Medium Density) con-
forms with the Master Plan designation. Under the "R-2" zoning
designation, five dwelling .units per acre of the total surface
area of the subject lands are permitted through the P.U.D. proce-
dure with an opportunity for a 35 percent density bonus increas-
ing the density to a maximum of 6 .75 .dwelling units per acre.
The applicant ' s proposal is requesting the development of a
maximum of 117 dwelling units on .the 18 .6 acre proposal site, or
a density of 6 . 29 dwelling units per acre. This density consti-
tutes a 25 . 8 percent density bonus.
Section 18 . 54 .090 of the Bozeman Municipal Code describes
the conditions under which a density bonus may be granted .
2
"Character , design excellence, architectural style, site
variation, innovative open space utilization, the provision
of recreational facilities, etc . may be considered cause for
density increases up to a maximum of thirty-five percent
according to the provisions listed below. The degree of
distinctiveness and desirable variations shall govern the
amount of density which the City Commission may approve. "
The Planning Staff shall review these criteria as they
relate to the proposal . It should be noted that the P.U.D.
utilizes the development guidelines approach and many of these
issues are addressed in a conceptual plan in those guidelines.
1 . Landscaping , including streetscape, open spaces, recreation
areas and plazas, use of existing landscape, pedestrian way
treatment, and waterscaping.
The P.U.D. proposes the use of berming and landscape ele-
ments to buffer adjoining land uses and park lands. This
buffering would increase the viability of the parks, for a
variety of uses, increase the aesthetic features of the
city' s parklands and serve to delineate a boundary between
public and private property. It would eliminate difficul-
ties experienced in other subdivisions where parkland has
been "incorporated" into the rear yards of abutting lots.
The proposed buffer scheme would allow variation in the
buffer location, placing some landscape and buffer elements
on private property and others on public parkland , avoiding
a hedge row approach to the buffering and improving the
aesthetic quality of the-- park . The Superintendent of Parks/
Cemetery has expressed opposition to the location- of land-
scaping and buffering elements in the park. The Recreation
Advisory Board has expressed support for the concept and the
developer ' s willingness to contribute to the improvement of
public parkland .
Additional buffering has been proposed along the Sourdough
Trail extension to protect the park area from the intrusive
impacts of adjacent development. Dedication and development
of the Sourdough Trail within this project will achieve
important community goals by insuring the continued exis-
tence of the trail . Such buffering would preserve some of
the rural nature of the trail site. The Flat Creek reloca-
tion and fish habitat proposal at the northern end of the
project would also integrate landscape elements, although no
specific plans are available at this time '.
2. Siting , including visual focal points , use of existing physi-
cal features such as topography, view, sun and wind orientation,
circulation pattern , physical environment and variation of build-
ing setbacks.
3
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The applicant has made a conscious effort to locate the
lower density housing types at the northern end of the
project which is more open and within the direct view of
existing residences to the west. Vehicular circulation is
more constrained at this location as a result of the cul-de-
sac design of Spring Meadows Drive. Existing development
and ownership patterns preclude the connection of Spring
Meadows Drive with Fairway Drive to the north. The proposal
then shifts the development densities to the south where
natural features shield the development to some degree and
direct access is available from a collector street.
Variation in building setbacks has been encouraged through
the Developmental Guidelines , although no specific require-
ments are identified.
3. Design features including architectural styles , harmonious
use of materials, parking areas broken by landscape features and
varied use of housing types .
The P.U.D. proposal specifically attempts to integrate three
types of housing units within the project. Natural and man-
made boundaries have been utilized to limit the impact of
one housing type on another as well as on adjoining land
uses . More specifically, the applicant is addressing a
unique and somewhat new housing type, congregate living
units for retired persons . The congregate housing concept
provides individual dwelling units for residents with cen-
tral recreation and dining facilities.
The Developmental Guidelines address building materials and
design features. The Staff would suggest that Section V -
Architectural Elements - should include more specific infor-
mation including a list of acceptable materials and a speci-
fic color palette. These revisions would eliminate some of
the ambiguity in the review process.
4 . Recreational facilities, including swimming pools, tennis
courts, improved parks featuring picnic tables , benches , ball
field , play grounds, high quality bike and pedestrian path sys-
tems, etc.
The proposed P.U.D. exceeds the required parkland dedication
by nearly one acre. Additional common open space has also
been proposed within the project. The P.U.D. has proposed
extensive landscaping and buffering of the park areas as
described above. The Developmental Guidelines also address
the development of the park although a specific park devel-
opment plan is not included . A specific effort has been
made during the design of the project to integrate the
extension of the Sourdough Trail .throughout the development
site. Additional improvements including pond and picnic
area development have been proposed at the southwest area of
the site. This open space development will require a 310
4
permit and a floodplain development permit. Maintenance of
the common open space areas should be more specifically
addressed in the Covenants and Owners Association documents.
Section 18. 54 . 090 (B) of the Bozeman Municipal Code describes
the conditions under which a density bonus may be limited to
reduce adverse impacts. The Planning Staff will review the
proposed development with regard to these criteria .
1 . Inconvenient or unsafe access to the development;
Two accesses have been proposed to the P.U .D. site. The
primary access will be obtained from Graf Street, a desig-
nated collector street. A gravel emergency access would be
constructed to the north of the P.U.D. Development of these
accesses to City standards will assure safe and convenient
access.
2. Traffic congestion in streets adjoining the development;
An extensive traffic accessibility and impact evaluation has
been prepared for the P.U.D. , including ' a trip generation
analysis, traffic assignment, and intersection evaluation.
The analysis is based on the development of 60 single family
residential units and 60 retirement units and projects , a
total of 798 average weekday trip ends. The analysis indi-
cates that a traffic signal will be warranted in the year
2000 at the intersection of Kagy Boulevard and South Third
Avenue, primarily as a result of non-site traffic. Only 3 .8
percent of the traffic experienced at that intersection is
projected to result from this P.U.D. Additional analysis
indicates that the Graf Street and South Third Avenue inter-
section will continue to operate at a level of Service A
during peak hours .
Based on the proposed mix of housing , the Staff calculated
the traffic generation impacts as outlined below.
TRIP GENERATION
HOUSING TYPE #D.U. TRIP RATE/UNIT AWVTE
Single Family 24 10 240
Multi-Family 18 6 . 6 118 . 8
(Condominium/Townhouse)
Retirement 75 3 . 3 247 . 5
TOTAL AWVTE ----- 606.3
The Staff ' s projections are approximately 32 percent lower
than the applicant ' s calculations, suggesting that the
vehicular traffic impacts might be less than anticipated in
the traffic study. The Staff recommends that the property
5
owners provide a waiver of protest to the creation of
S. I .D. ' s for future improvements to the intersection of
South Third Avenue and Kagy Boulevard in the amount of 3 . 8
percent of the cost of those improvements. This should
assure that the traffic impacts generated by the P.U.D. are
mitigated .
3. An excessive burden imposed on parks, recreational areas,
schools, and other public facilities which serve or are proposed
to serve the development;
Adequate sewer and water capacity are available to the site
to service the proposed density of deve-lopment. Adequate
park, recreational areas, and open space are being proposed
as part of the development. In addition, East Graf Park, a
substantially undeveloped park, is located directly west of
the P. U.D. The proposed density of development should not
place an excessive burden on public services.
4 . A compromise in the intent of the P.U.D. as stated in Section
18 . 54 .010;
Pursuant to Section 18 . 54 .010, the intent of the P.U.D. is
to promote maximum flexibility and innovation in development
design and land utilization and to encourage a more creative
approach in land development, provide a more economical and
efficient supply of street improvements and public utilities
and to conserve natural features and open space. The pro-
posed P.U.D. does not appear to compromise the intent of the
P.U.D. chapter . The proposed development preserves impor-
tant natural features and maximizes the use of open space
and park land on the site.
Based on the findings outlined above, the Planning Staff
supports the proposed density bonus allowing the development of a
maximum of 117 dwelling units on the site.
Developmental Guidelines
The purpose of the developmental guidelines review process
is to allow flexibility in the development of a P. U.D. and pro-
vide a common development theme for a project . The P.U.D: review
then focuses on the overall development plan and the guidelines
which will govern the review of specific site development. . . . . .
The proposed Conceptual Narrative and Design Guidelines have
developed a detailed development concept. The Planning- Staff ' s
concerns, outlined below, focus on the need for greater specific-
ity in the guidelines. More specific information would clarify
the review process and eliminate ambiguities in the review pro-
cess.
6
Review Procedure - A section should be added to the Development
Guidelines outlining the procedure for review of all devel-
opment proposed within the P.U.D. Pursuant to the develop-
ment- guidelines review process, individual site development
is reviewed as an in-house P.U.D. with referral to the
Zoning Commission. The Staff reviews the proposal for com-
pliance with the Bozeman City Zoning Ordinance and the
Developmental Guidelines. Reports are then sent to the
Zoning Commission for review. The Zoning Commission may
request a public hearing on a specific development proposal .
This review procedure and its relationship to the Architec-
tural Committee should be specifically outlined in the
Developmental Guidelines.
Development Standards - Setbacks - Table 2. 1 should be refined to
comply with the minimum setback requirements outlined in
Sections 18 . 16 . 050 and 18 . 54 .110 of the Zoning Ordinance.
The option of a zero lot line development for single family
residential uses should be clarified pursuant to Section
18 . 50. 060 of the Zoning Code.
Architectural Elements - Material/Color - The Planning Staff
recommends that a specific materials list and color palette
be identified in this section. This would eliminate some of
the subjectiveness in the Planning Staff ' s review of a
development proposal .
Maximum building height in the "R-2" zoning district is 24
feet. The guidelines should be revised to eliminate refer-
ences to heights in excess of that limit.
Signage - The signage section of the Guidelines should include a
reference to compliance with all requirements of the Bozeman
City Zoning Ordinance.
Lighting - As a result of difficulties associated with other
developmental guidelines procedures, the Staff would recom-
mend inclusion of a specific lighting standard within the
guidelines .
Conclusion
Based on the findings outlined above, the Planning Staff
recommends conditional approval of the Spring Meadows P.U.D. with
the following conditions:
1 . Prior to Final Site Plan approval , a specific park and open
space development plan shall be submitted for review and approval
by the Recreation Advisory Board , the Superintendent of Parks and
Planning Director . The plan shall include a detailed landscape
plan , identification of type and location of improvements and a
development schedule;
7
2. Specific provisions for the maintenance of common open space
shall be included in the covenants and owners association docu-
ments;
3. A maximum of 117 dwelling units may be constructed within the
P.U.D. ;
4. Prior to final site plan approval , a 310 permit and flood-
plain development permit shall be obtained for the relocation of
Flat Creek;
5. Prior to final site plan approval , the following revisions
shall be incororated into the Guidelines :
a . A specific section identifying the review procedure
shall be incorporated into the Guidelines;
b. Table 2 .1 shall be revised to conform with the minimum
setback requirements outlined in the Zoning Code;
C. A specific materials list and color palette shall be
added to the Developmental Guidelines;
d. References to building heights in excess of the 24 foot
maximum height limitation shall be deleted;
e. A reference to compliance with the requirements of the
Bozeman City Zoning Ordinance shall be added to the design
guidelines;
f. Specific light standards shall be identified in the
developmental guidelines;
6. The Covenants and Owners Association documents shall be
revised to include language insuring the maintenance of all open
space and incorporation of the developmental guidelines into the
covenants;
7. No building permits shall be issued for construction within
Spring Meadows P.U.D. prior to Final Plat approval of Spring
Meadows Subdivision;
8. Three (3) copies of the Land Use Design Guidelines and
required supporting documents containing all the conditions,
corrections , and modifications approved by the City Commission be
submitted for review and approved by the Planning Director within
six (6) months of the date of the City Commission approval and
prior to application for summary review of individual projects.
One (1) signed copy shall be retained by the Building Department,
one (1) signed copy shall be retained by the Planning Director ,
and one (1) signed copy shall be retained by the applicant.
8
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PRELIMINARY PLAT 0.
- --
, Proposed Nr•B Weln L,rr re C.—!
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... .. 1 : re E.r•/ine,6`WO rrr trey rr Irrr..r.Or
EADOWS -SUB D I VI S �
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. '... - .. .. -:Cdnnrrr re lnrr.n0 d fr•,Ieq Sur! .'Ira u•�•Y[ay.rrrl
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A PLANNED UNIT DEVELOPMENT
Rs- BEING A PORTION OF THE U PLATTED NW I/4 SEC. 19 & C.O.S. No. t
,. NED 1
d( ZIP
- cPoorer
oslN°406? SITUATED IN THE NW IP1 OF SECTION 19, T. 2S.1 R.6E., P M. ti.
Norte ! S89•o7'56•t=_ I I r211.8o' CITY OF BOZEMAN , GAL' LATIN COUNTY , MONTANA
\l�gIFY Ac?uAt Bt�M :. I } \ w6' _ FOR SPRING MEAD PARTNERSHIP
i JANUARY, I987
CONDMOks `NrT1} •roro / /. I SPR OW RTN
SI-rf PC.At-4 I �eeP� 0...:.i.°rre..r. I L- BOZ EMAN,MONTANA
RT/ 0 EN ERL4G INC.�.t.} BY: SANOERSON/STEWA GAST N GIVE
• / 40, T 1 I I I- I .5�"r-aS�T. 50 190
CLAN I Ity
NATUP�,L I LOT 10 LO \ ,Meal . 10,900 S.F, IOr�15 FSALE 50r � &,(\
R . C I 5 TIM& Slope=10=1
:' I GRaD� 1 / �•
� TOP
6' N Owners a Developers
„ II Meadow Parineisl,IV
/op .ri. /•,..aee4 Spring
SGTIo�
618 West Griffin '
I
r Bozeman,MU1110nC1
1
LOT 9 12 -
ND Ys<LE:
10.000 S F. I 10,000 F _
I L. `a•f/oodwer eoundorr / �. I .. - -
• I / i i -' of—__
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109 rear,Flood eovedov—J �' \ \ I ` LOT 6 I g
• 1 .` S. h
•
LOT 13
._ t0 500 :-
.. / / 1. III\1• _. - 1 � I
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' F-- 94 NT 1`UVIT EL.ALr
_ A d{[ I \ k• �. I I C.O S Na 803 I
PA ^ �X4 fLEDWOOD'R7r,Ui• *• ,..8 LOT 14- \a - Vane/WryGo!/0.6
8,h00 F.
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LOT 7 f
nce%LTA 11414 / \ F�` 9,610 S.F o �`
PLANT FU•r VACK / ''� i '
" f .^--�/"• �' NOTES:
- NETGROSSA AREA = 9 A ACRES
_ sda E...nrni - NET AREA= 16.9 ACRES
" AR k W•
.. VIDE 3 P t Ptzo
o tit _NMRK" S E L - TOTAL
TS V OT NUMBER OF LOTS 27
Ro � t; Y o L
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FILM N AC[3084
Z
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR
IMPROVEMENTS FOR PEDESTRIAN WALKWAYS
ON SOUTH THIRD AVENUE
I , the undersigned , owner of the real property situated in
the NW 1/4 of Section 19 , T2S, R6E, M.P.M. , in the City of
Bozeman, State of Montana , and more particularly described as
follows :
A tract of land being a portion of the unplatted
Northwest Quarter of Section 19 and Certificate
of Survey No. 819A, City of Bozeman, Montana
IN CONSIDERATION of receiving a Conditional Use Permit from
the City of Bozeman to develop a Planned Unit Development in two
phases, along with the accompanying rights and privileges and for
other valuable consideration, the receipt of which is hereby
acknowledged , and in recognition of the impact to South Third
Avenue which will be caused by the development of the above-
described property, have waived and do hereby for myself, my
heirs, executors , administrators, personal representatives ,
successors and assigns, waive the right to protest the creation
of a special improvement district for improvements to South Third
Avenue to include pedestrian walkway improvements within the
right-of-way. This waiver is limited to 3 .8% of the costs for the
administration, engineering , , inspection and construction to City
standards of a pedestrian walkway along South Third Avenue. This
waiver is further limited to that portion of South Third Avenue
between its intersection with Kagy Boulevard to the north and its
continuation to Wagonwheel Road to the south. This waiver shall
be a covenant running with the land and shall not expire.
I warrant that I am lawfully seized and possessed of the
real property described above and that I have a lawful right to
convey the property or any part of it.
1
f IlM 124 FAU085
The terms, covenants and provisions of this Waiver shall
extend to, and be binding upon the heirs , executors, administra-
tors, personal representatives, successors and assigns of the
parties hereto.
i
DATED this �7 day of 1988 .
i
J it
STATE OF MONTANA )
. SS.
County of Gallatin )
On this `� day of , 1988 , before me, a
Notary Public for the State of Montana, personally appeared
John Miller , known to me to We the person whose name is
subscribed to the above instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my seal the day a d ye r first written above.
o ary Publi4eo
State o Montana
Residing fat Montana
My Commissi res
Y.
�>6�JQXA
247845
Slate of Mont., County of.gaffatin. ss Filed for record July 15 , 19 9 2
at 3 : 5 0 P . M., and reorded in 800k 12 4 of M I S C E LAN U S ___page 3084
SU ; Wit. C'Gdgy Recorder. By Deputy
Fee: $12. 00
Rt: City of Bozeman
Attn: Jason
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FILE MEMO
SPRING MEADOWS PUD Z-8711
SPRING MEADOWS ASSISTED LIVING Z-9535
I spoke with Keven and Peel and Assocociates Signs on 5/8/97 regarding the attached FAX of the
proposed low profile sign at Spring Meadows Assisted Living Facility, 3175 Graf Street. Per the
Development Guidelines in Z-8711,the sign is acceptable at 30 sq.ft.,but must be wood with a sand
blasted or routed finish. I informed him he would have to apply for a sign permit and the permit must
reflect these requirements. Further, it must show how the sign will be lit. He indicated those
reugirements would not be a problem to abide by.
cc: Building Department
Christopher Williams
Roy Beall
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-�' .080 AWNIINI:MT a..
DOUBLE SIDED
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41-801
SV= adows
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Assisted Living Community tO
1-3/1414
31 15 i IZ 45"CHAMFER
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GRADE
BKGND. PF-87201.1ti+ (PONGEE Ti N�;
1,�„ LOG' & B RDER PMS-5 5i
LETTERS 3_ACK
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♦ ..e.Y•r d fie.«u mor*om;.n.
BOZEMAN
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O. BOX640, BOZEMAN, MONTANA 59771-0640
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
MEMORANDUM
TO: RON DINGMAN, PARKS DEPARTMENT
FROM: ANDY EPPLE, CITY-COUNTY PLANNING
DATE: JUNE 16, 1995
RE: GRAF PARK ENCROACHMENTS
-----------------------------------------------------------------
Thanks for verifying the landscaping encroachments in Graf park
at 2865, 2905, and 2945 Spring Meadow Drive . I have reviewed our
file on the Spring Meadows PUD and find that there- was no
approval . granted or implied authorizing lot owners to utilize
Graf Park as extensions of landscaped yard areas . . As such, it
would seem appropriate for the Parks Department to use whatever
authority you have to require those individuals who are
encroaching into the park to eliminate the encroachments within a
reasonable time-frame .
The developer was supposed to provide "natural plantings" in the
park- area- adjacent to the rear property lines of the subdivided
lots, to serve as a "buffer" between the homesites and Graf Park.
We are in the process of requiring : him to make good on this
commitment , and will advise him to consult with your department
before finalizing plans for the "natural plantings . "
Thanks for your attention to this matter, Ron . If Dr . Rogers has
any . further questions about the above-referenced park
encroachments, I 'll direct him your way.
cc : Jim Wysocki, City Manager �-
• t
I
� I
�I
I
- i
BOZEM
CITY-COUNTY
PLANNING OFFICE
Bozeman 35 NORTH BOZEMAN AVENUE
City-County P.O.BOX 640,BOZEMAN,MONTANA 59771-0640-
Planning Office PHONE: (406)582-2360 FAX: (406)582-2363
June 19, 1995
P . Brian Rogers, M .d . , P . S.
1727 West College
Bozeman, MT 59715
Dear Dr . Rogers :
I have looked into the matters regarding Spring Meadows PUD which
were described in the note and photos you sent earlier this
month, and offer the following.
First, there was no authority ever granted .or implied that would
have authorized the property owners in Spring Meadows to .extend
their landscaped yard areas into Graf Park. I have made the
Parks Department aware of this and asked them to take the
necessary steps to eliminate the encroachments within a.
reasonable time-frame .
Second, I understand that as of June 14, 1995, the obstructions
placed in front: of the .emergency access to the north of Spring
Meadows have been removed . The pile of dirt was associated with
nearby construction activity -- as construction is. completed we
would not expect to see any repeat of this situation . The R.V.
was gone but may have just been ' "out on the road". -- we will
monitor the situation and ' take whatever steps are necessary to
ensure the emergency access remains unobstructed in the future .
Please contact Ron Dingman in the -Parks Department, or Roy Beall
or me in this office, should you have any further questions.
Sincerely,
Andrew C. Epple, A*CP
Planning Director
i
BOZEIVIK
CITY COCA:.4 fY
�n
PLANNING OFFICE
BOZEMAN 35NORTH BOZEMAN AJENUE
CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715
PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227
April 21 , 1992
Mr. Dick Pohl
422 South 6th Avenue
Bozeman, MT 59715
RE: Spring Meadows PUD -- Graf Park
Dear Mr. Pohl :
Enclosed is the. information we discussed on the phone this
morning regarding Spring Meadows PUD. The Preliminary Plat
enclosed shows the landscape plan that was approved as part of the
Final Site Plan for the PUD. The Development Guidelines regulates
that landscaping . I am also enclosing a copy of a letter I wrote.
to John Miller in -February and a copy of a letter I received from
Gene Renner answering that letter.
I hope this information is helpful . Please call me if I can
provide any further information.
Sincerely,
Debbie Arkell
Associate Planner
DA/dla
Enc .
CITY- OUNTY
DATE
March 20, 1992
Debbie Arkell, Associate Planner
Bozeman City-County Planning Office
35 North Bozeman Avenue
P. 0. Box. 640
Bozeman, Montana 59715
Dear Debbie :
John Miller gave me your letter of February 7th to answer
because I am a resident in the Spring Meadows Subdivision and
i I have attended the Graf Park development and improvement
public meetings.
One of the recommendations brought out durn:ng these public
meetings is to define Graf Parks East and Incest boundries by
some plantings within the Park. The specific suggestion for the
East side of the Park is random plantings of_ low natural shrubs
and bushes similar to what used to grow ther6"*br is now found in
the park. There is the problem of watering in that dry area,
though once homes are built along the Parks East boundry that
possibly could be resolved.
It appears that we should wait until the outcome of the
public meetings and the forthcoming plans of the Park Board
before anything else is started.
S - erely,
en a Re er
111 Billion Place
Bozeman, Montana 59715
c.c. John Miller
Joe Billion
BOZEMA*
CITY-COUNTY
PLANNING OFFICE
BOZEMAN 35 NORTH BOZEMAN AVENUE
CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715
PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227
February 7 , 1992
Spring Meadows Partnership
Mr. John Miller
629 Mountain View Drive
Bozeman, MT 59715
RE: Spring Meadows Planned Unit Development
Dear John :
It has been brought to my attention that when the Spring
Meadows development was approved in 1987 , specific landscaping was
to occur in the open space and along Graf Park and the Sourdough
Trail within the subdivision PUD. Page 24 of the Development
Guidelines states that all landscape improvements were to be
completed per the approved landscape plan within 15 months of the
start of construction (page 24) . Our main concern is the buffering
of the west side of the lots adjoining Graf Park. This buffering
was proposed by the developers to "soften" the effect of the
development on Graf Park. Group plantings were planned at specific
areas and were proposed to be installed in conjunction with the
entrance sign on Spring Meadows Drive, in the area of Flat Creek,
and at the entrance to Spring Meadows congregate living area. Item
#F on page 26 of the Guidelines states that landscaping "shall be
installed prior to filing of the Final Plat or by the end of the
second planting season . " The Development Guidelines were a
requirement of PUD approval , and as such are binding to the
development. Thus, an effort must be made to begin implementation
of the landscape plan .
Section VII , Open Space/Trails, of the Guidelines discusses
funding for landscaping of the trail through City of Bozeman Park
Funds, Rotary Club involvement and developer participation. The
City is holding a public meeting on Monday , February 24, 1992 , at
7 :00 p.m. in the Lindley Center (old U .T.C. Building ) to discuss
development/improvements to Graf Park . This may be an ideal time
for the Spring Meadows Homeowners Association to become involved
in those plans and perhaps coordinate the Spring Meadows PUD plans
with those of the City . Thank you for your .attention to this
matter , John. If you have any questions about the proposed plans
for Graf Park , please contact Sue Harkin, Recreation
Superintendent, 587-4724.
Sincerely,
Debbie Arkell
Associate Planner
cc: Sue Harkin, Recreation Superintendent
John McNeil , Park Superintendent
BOZEMA16
CITY-COUNTY
PLANNING OFFICE
BOZEMAN 35 NORTH BOZEMAN AVENUE
CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715
PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227
June 28, 1991
Mr . Eugene Graf
P. 0. Box 906
Bozeman , MT 59715
RE: Spring Meadows Subdivision
Dear Mr. Graf
The Spring Meadows Subdivision was approved as a Planned Unit
Development in 1987 . Part of this approval included a Conceptual
Narrative and Design Guidelines . Page 8 of those Guidelines
discusses the procedures of Site Plan Review by the City of
Bozeman , and I will summarize those procedures below.
Single-family homes require only review through the City
Building Department. Once a building permit is submitted , it is
routed through the Planning Office to ensure that the design meets
the Design Guidelines .
Plans for multi-family homes , which are permitted on Lot 1 in
Block 2 and Lot 1 in Block 3 , must be submitted to the Planning
Staff , who will check them for compliance with the Development
Guidelines and City of Bozeman Zoning Regulations within 15 days
of their receipt. During that time , the Planning Staff will also
submit the Plans to the City ' s Development Review Committee ( in
lieu of the City Zoning Commission as stated in the Design
Guidelines) for their review and comment. A majority of the Design
Review Committee may request a public hearing on the proposed
development if they find that the Plans do not conform with the
Design Guidelines , the Zoning Ordinance , or other City standards .
In conclusion , once plans are submitted to the Planning Office
for a multi-family home , our office will either approve or reject
the plans within 15 days . Once approved , the building must , of
course , comply with all City of Bozeman Building Department
requirements. I hope this information is helpful . Should you have
any questions , please feel free to call .
Sincerely ,
Debbie Arkell
Assistant Planner
BOZEIUI M
CITY-COUNTY
PLANNING OFFICE
BOZEMAN 35 NORTH BOZEMAN AVENUE
CITY-COUNTY P.O. BOX 640, BOZEMAN. MONTANA 59715
PLANNNG OFFICE PHONE:(406)586-3321 Ext 227
March 3, 1989
Mr . John Miller
Spring Meadow Partnership
618 West Griffin Drive
Bozeman, MT. 59715
RE: Spring Meadows Development
Dear John,
At your request, I am providing the following information
regarding the Spring Meadow Subdivision and Planned Unit
Development.
Subdivision
The Final Plat of the subdivision was signed and approved on
; January 18, 1989, and has been filed with the Clerk and
Recorder ' s Office. All conditions of approval were met,
therefore, no improvements agreement was necessary. There are no
further requirements which must be submitted to our office
regarding the subdivision.
Planned Unit Development
The P.U.D. was conditionally approved by the Bozeman City
Commission on June 1, 1987. Final approval of the development
was granted on June 13, 1988, as all conditions of approval had
been met. As you know, both the P.U.D. and Subdivision are
governed by Design Guidelines. It is up to the developer to
insure that these guidelines are met.
Page eight of the Conceptual Narrative and Design Guidelines
discusses submission requirements when an applicant is seeking to
build more than one principal structure on a lot (single-family
residences are exempt) . These projects must be reviewed by our
office as stated in the Guidelines. Applications for a building
permit for a single-family residence will also be reviewed by our
office for compliance with zoning regulations. Separate plans
need not be submitted to our office for these projects as they
are forwarded to us by the Building Department.
Mr. John Miller
March 3, 1989
Page 2
Lots 1 through 24 of Block 1 are designated for single-
family dwelling units. Lot 1 in Block 2 and Lot 1 in Block 3 are
designated to accomodate a maximum of 18 multi-family dwelling
units. These units may be divided between the two lots in any
arrangement as long as all zoning requirements are met. Lot 2 in
Block 2 is designated to accomodate a 75 dwelling unit congregate
housing project. Any change in this organization must be
approved by the Planning Director.
I am enclosing a copy of the approved Final Plan of the
P.U.D. for your files. A copy of the Plan will be retained by
our office as well as one copy in the Building Department.
I hope this information clarifies the necessary procedures
for development ' in Spring Meadows: Should -you have further
questions, please feel free to contact the office.
Sincerely,
Debbie Arkell
Assistant Planner
DA/tg
Enc.
B02� 9 THE CITY OF BOZEMAN
(j `Z 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321
* * BOZEMAN, MONTANA 59715-0640
ct9� 4T
88._
co.d►
June 1 , 1988
. John Miller
c/o Spring Meadows Partnership
412 Bryant
Bozeman, MT 59715
RE: Spring Meadows Subdivision and P.U.D.
Files Z-8711 and P-8 %'1dG
Dear John:
On June 1 , 1987, Spring Meadows received both preliminary
plat approval for a subdivision, and conditional use permit
approval for a planned unit development from the City of Bozeman.
The Planning Staff worked with you through the winter to meet the
conditions of approval for the Spring Meadows Planned Unit Devel-
opment. All conditions have been met except a signed waiver of
protest to pedestrian walkways.
In May, 1988, you requested a one year extension ' on
preliminary plat approval for Spring Meadows Subdivision.
Because subdivisions must conform to .area zoning regulations, you
must meet the terms of your conditional use permit for your
P.U.D. before an extension on subdivision approval can be
granted.
Please sign and have notarized the enclosed waiver of pro-
test to pedestrian walkways, which is the remaining condition of
approval for Spring Meadows P.U.D. , and return to our office by
June 10! 1988 . Failure to do so will result in a recommendation
of denial of your request for an extension of preliminary plat
approval .
Please contact me at 586-3321 Ext. 227 if you have any
questions.
Sincerely,
Bill Murdock
Planner
dla
Enc.
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
I
TFVE.
ITY OF BOZEMAN
() �'�.�• 35 NO. BOZEMAN P.O. BOX 640 �
�. .h CARNEGIE BUILDING PHONE (406) 586-3321
BOZEMAN, MONTANA 59771-0640
Co
15 March 1988
vimC".
Mr. John Miller
412 East Bryant Street
Bozeman, MT 59715
RE : Flat Creek - Spring Meadows Subdivision
Dear Mr. Miller:
This letter is written to provide approval of your floodplain
development permit for Flat Creek. This approval is based on
the drawing prepared by Sanderson/Stewart/Gaston Engineering,
Inc . , dated January 14 , 1988 .
I would urge you to obtain a letter of Map Amendment from the
Federal Emergency Management Agency at the conclusion of the
project to eliminate any questions regarding the floodplai•n
status of the affected lots .
Sincerely,
Phillip J . Forbes
City Engineer
cc : Dick Holmes , Director of Public Service
Sanderson/Stewart/Gaston, Engineering
Dept . of Natural Resources & Conservation
,I
I
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
Sanderson/Stewart/Gaston
Engineering, Inc.
February 9 , 1988
W.O. #86-512 I
Mr. Phill Forbes , I
City Engineer
P. 0. Box 640
Bozeman, MT 59715
RE: Spring Meadow Subdivision
Dear Phill:
Enclosed is a copy of the 310 permit for the Matthew Bird Creek
crossing and the Flat Creek relocation for your files.
Sincerely,
Paul Kin hella, P.E.
PK/jac
enc:
cc w/enc: Bill Murdock
Planning Office
i
i.
i
Consulting Engineers and Land Surveyors
Billings office: Sheridan office: Bozeman office:
Suite 200 Creekside 45 East Loucks- Suite 301 2010 North 7th - Suite B
1001 South 24th Street West Sheridan, Wyoming 82801 P.O. Box 861
Billings, Montana 59102-3091 307-674-4224 Bozeman, Montana 59715-0861
406-656-5255 406-586-0588
1
GALLATIN .CONSERVATIO.N'.DISTRICT .
601 NIKLES DRIVE; 'BOX .B :.
BOZEMAN, MT 59715
February 8, 1988
Mr . John Miller
-"Sanderson/Stewart/Gaston Engineering, Inc .
P . O . Box 861
Bozeman, MT 59715
Re: Spring Meadow Partnership
Dear Mr. Miller:
The Gallatin Conservation District Board of Supervisors has approved
your 310 Application GD-84-88 for the following:
1 . Construction of new channel for Flat Creek continuing to cross-
sectional specifications in attached plans . Channel will be
constructed and gravel placed in channel prior to diverting flow
into new channel . -
2 . The installation of the three 36" x 58" pipes on Matthew Bird
Creek is approved with the following stipulations :
The stream will be diverted around the site during installation
of the first pipe and then confined to the first pipe during
installation of the other two pipes . The first pipe will be
installed lower than the other two to handle all base flow of the
stream . The first pipe will be installed approximately 6" below
existing stream bottom .
I would suggest that the applicant contact Ken Chrest of the
Montana Dept. of Health & Environmental Sciences, Water Quality Bureau
in Helena (444-2406) to discuss a short-term turbidity exemption .
Enclosed is a copy of Form 270, 272, and two copies of 273 . Please
fill out and sign the bottom portion of one copy of Form 273 and
return .to this office.
If you have any questions, please call me at 587-6929 .
Sincerely,
Bonnie Elmore
District Clerk
Gallatin Conservation District
cc : Jerry Wells, Dept. Fish, Wildlife & Parks
Spring Meadow Partnership
Form 270 STATE OF MONTANA
NAOAL STREAMBED AND 'LAND PRESERVAON ACT App.No. GD-84-87 I '
NOTICE OF PROPOSED PROJECT Date Rec'd: 12/10/87
1. a. Name of Applicant Sprknq Meadow Partnership
Address 6.18 -West Griffin CltyorTown Bozeman
State Montana Zip Code 59715 Telephone No 5 86-790 4
b. Name and address of owner of site:(If different from applicant)
Telephone No.
c. Name, address and title of applicant's authorized agent for permit application coordination:(attorney,
business manager,etc.)
" Sanderson/Stewart%Gaston Eng. i'nc. Telepho:ne.No. 5�b--0588
P, O. Box 861m ;:;bze'man, 'MT 59715
2. Name of stream Matthew- Bird & F at Cr at location of activity: unty: ' Gallatin
Locatlon of the proposed activity: 1/a 1/o NW 1/4 Section 7 Township 2S Range 6E
3. Describe proposed activity,type of structure, method of construction,materials and equipment to be used:
Relocate Flat Creek as" staked in field . Pipe Matthew Bird
Creek under toad.
(5) Valley View Golf Club
302 East Kagy
Bozeman, MT 59715
4. Date activity Is proposed to commence: Date activity is expected to be completed: 6-15-88
5. Names and addresses of surrounding property owners and those whose lands adjoin the stream near the point
of activity:(upstream,downstream,across)
Endowment & Alumni Foundation Don Weaver
Roy E.. Huffman Building -- MS'U 2404 Springcreek Drive
. B.ozeman, 'MT 59.717 Bozeman, MT 59715
6. Has any agency denied approval for the activity described herein or for any activity related to the activity
described herein? Yes.V•_No If yes, explain further on separate sheet.
7. THE APPLICANT CERTIFIES THAT THE STATEMENTS APPEARING HEREIN ARE TO THE BEST OF HIS
KNOWLEDGE TRUE AND CORRECT,AND HEREBY AUTHORIZESTHE INSPECTION OFTHE PROJECTSITE
BY INSPECTING AUTHORITIES.
WJ
Signature: /! Date:
RETURN COM LETED FORM TO YOUR LOCAL CONSERVATION DISTRICT OFFICE
Fort 271 PJ82
THE FOLLOWING ITEMS ARE TO BE COMPLETED BY THE,CONSERVATION DISTRICT BOARD
The application proposal(i�s (is not)a project as defined by the Natural Streambed and Land Preservation Act.
Reasons:
It the application is not a project as defined in this act,applicant may proceed with proposal.
CONSERVATION DI TR T B D NATURES:
�0 \�
Date:12
Date this determination forwarded to applicant and to
the Montana Department of Fish,Wildlife,and Parks: G _ I_41 1 '
a
,�" • • GD-84-87
Form 273.(Rev.9182) Application No.
STATE OF MONTANA
NATURAL STREAM BED AND LAN b"PRESERVATION. ACT,..:
BOARD'S DECISION :
Name of District(or County if applicable)
Gallatin Conservation District
601 Nikles Drive, Bozeman, MT 59715 587-6gn9
Address - - - Telephone Number
Spring Meadow Partnership
Name of Applicant
Board Decision(circle): Approval Denial Approved with Modification
Board's Signatures:
Date Transmitted to Applican and Department Team Members 2 �
"Approval" permits applicant to proceed with project 10 days after receipt of this decision unless arbitration is re-
quested by the Department of Fish,Wildlife, & Parks within five days.
No work may begin on any project "approved with modification" unless written permission is given by all team
members within 15 days or if arbitration is requested by the Department of Fish,Wildlife & Parks within five days.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To be filled out by applicant and returned to the supervisors within 15*days.(Please sign and return entire form.A copy ,
will be mailed to you.)
❑ I hereby agree to proceed with the project in accordance with the approved application contained herein and
will permit follow-up inspection.
❑ 1 hereby agree to proceed with the project in accordance with the proposed board modification;;contained
herein,and will permit follow-up.inspection.
❑ I prefer to go to arbitration(notice within five days). _
Signature of Applicant*
Printed or Typed Name, .
Form 272 R/82 • • Application No. GD-84-87
STATE OF MONTANA
_ NATURAL STREAMBED AND LAND.. .
PRESERVATION ACT
TEAM MEMBER REPORT
1. Applicant Spring; Meadow Pa rtne rsh i p
Address 618 W. Griffin _
Name of Stream Matther Bird & Flat Creek
Location of Stream at location of activity Gallatin
County
Location of proposed activity 1/a 1/a NW 1/a,Section 17 Township 2S Range 6E
2. An on-site inspection has been requested.You and your representative are required to meet at the project site
on `Y�7er�� - - at A 'O D G�
(date) (time)
3. Recommendation(check one):
�C Approval O Denial O Approval with modifications
D Waiver of participation O Request time extension _
Date
Reasons: f ��, �w�/ c.w�s{.�.,���
G�C..w lJ�� cV,, E C�e.I\ G ✓I�CM�t �` -OSS—S�.�lc� -"'t
w �IAW� tQ,t,� h7,l C CveeL t
4. TEAM MEMBER'S SIGNATURE Date
5. Date this report transmitted to Conservati . strict Board -
4: BOZEMAO
CITY COUNTY
PLANNING BOARD
° "BOZEMAN` 35 NORTH BOZEMAN AVENUE
NNI P.O. BOX 640, BOZEMAN, MONTANA 59715
•PL`ANG'BQARD`
PHONE: (406)586-3321
February 5, 1988
John Miller
Spring Meadows Partnership
618 Griffin Drive
Bozeman, MT 59715
RE: Spring Meadows P.U.D. Conditional Use Permit
Dear John:
Our office has reviewed the conditions for the
Spring Meadows P.U.D. conditional use permit. We appre-
ciate your efforts to meet the terms of approval , but we
find that your 310 permit and floodplain development
plans have not been finalized . We have contacted the
authorities for both permits and are aware of the
progress status of the applications.
We will extend the deadline for Final Site Plan
approval until March 15, 1988, to allow you sufficient.
time to obtain these permits. Be advised that the
Spring Meadows P.U.D. Final Site Plan approval is a pre-
requisite for final approval of the Spring Meadows Sub-
division, as subdivisions must conform to zoning
requirements.
We look forward to your continued cooperation, and
we encourage you to contact us if you. have any
questions.
Sincerely,
I
Andrew C. Epple
Planning Director
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f� BOZEMANO
` CITY COUNTY
x
PLANNING BOARD
`i BOZENIANi, 35 NORTH BOZEMAN AVENUE
�CITY"� '=° P.O. BOX 640, BOZEMAN, MONTANA 59715
PLAINNING•BOARD
PHONE: (406)586.3321
January 6, 1988
John Miller
Spring Meadows Partnership
618 West Griffin Drive
Bozeman, MT 59715
Dear John:
Please include the following language in your developmental
guidelines under the suggested 112.7 . 1 City of Bozeman Site Plan
Review" :
2. 7 . 1 . 1 Submission *
. 3 Submission requirements of this section shall apply
to an applicant seeking to build more than one principal
structure on a given lot that meet the conditions , of
Section 18.54 .300 of the Bozeman Area Zoning Ordinance."
This is the same requirement we use for minor ( in-house)
P.U.D. review, and it exempts single family residences from this
process. Please call if you have questions.
Sincerely,
Bill Murdock
Assistant Planner
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BOZEMAN-0
CITY COUNTY
PLANNING BOARD
4ri "zBOZE1�AN# `_ 35 NORTH BOZEMAN AVENUE
( C(TY �UIJTY P.O. BOX 640, BOZEMAN, MONTANA 59715
PLNN6NG'�ARD F
'";�:{�w;�:;;;+1;r#:;,;a�+"• PHONE: (406)586-3321
December 22, 1987
Mr. John Miller
Spring Meadows Partnership
618 West Griffin Drive
Bozeman, MT 59715
Dear John:
Thank you for submitting information meeting certain condi-
tions for your Spring Meadows P.U.D. Conditional Use Permit.
Several conditions must still be satisfied and I have included
comments that I hope clarify the deficiencies.
Because of turnover in our staff and consequent tardy response
to your inquiries, we will extend the Final Site Plan deadline
for approval from December 1, 1987 to February 1, 1988.
Our comments on conditions which still need to be satisfied
are as follows:
Condition #2 - Language needs to be included in page 3 of your
covenants which mandate assessment for all common areas according
to the submitted landscape plan. We suggest changing the language
on page 3 to read:
�y+G (additions underlined) Assessment: The Association shall .
�•3 levy an assessment on each tract . . . by two-thirds (2/3)
of the tract owners. Further, the assessment for landscape
maintenance shall assure adherence to the approved landscape
development plan, which includes a development schedule
and maintenance provision.
Condition #3 - A final site plan must include either floor plans,
building thumbprints or some designation that the maximum density
of 117 dwelling units will not be exceeded (this is largely
�cee to insure that parking and landscaping requirements can be met. )
Condition #4 - We have no record of a 310 permit.
a�
i
Mr. John Miller
December 22, 1987
Page 2
I
Condition #5a. - We have sample language that our office can
provide to meet this requirement. We suggest the following:
2. 7. 1 CITY OF BOZEMAN SITE PLAN REVIEW
2. 7. 1. 1 Submission
. 1 Submit 10 copies of the site plan- :and related
data to: Bozeman Planning Office
P.O. Box 640
Bozeman, MT 59715
. 2 Also submit an "Application for Conditional
8 �\� Use Permit" (see example form following this
0 n section) and a filing fee based upon the following
schedule: $200 + $3 . 00 per .1, 000 square feet
of leasable floor area.
2. 7. 1. 2/ Review Process
5L _ . 1 The planning staff encourages the applicant
to meet informally with. them prior to official
plan submission.
\Q�� . 2 The planning staff will check the plan for compli-
\\ ance with the Development Guidelines for the
Park as well as City of Bozeman Zoning Regulations.
�L`r . 3 The planning staff has fifteen days to complete.
53 their review..
Following staff review, the City Zoning Commission
has three days to respond to the plans. The
City Zoning Commission may, by a majority vote
of its members, request a public hearing on
the proposed development.
. 5 If the plan meets the regulations, then "conditional
approval" is granted by the planning staff.
2. 7. 1. 3 Revisions
. 1 The applicant has up to six months to respond
to comments on the plan made by the planning
staff. After that time the applicant would
have to resubmit the application.
Mr. John Miller
December 22, 1987
Page 3
2. 7. 1. 4 Final Submission
. 1 Submit three site plans to the planning staff
with conditions met.
. 2 Submit "Estimated Cost for .Improvements" form
(see example at the. end of this section. )
. 3 If all conditions are met in the final site
plan, enter into an "Improvements Agreement"
with the City of Bozeman (example at the end
of this section. ) This step requires three
to four days.
QG� . 4 After agreement has been signed, the planning
Q' staff signs the final site plans and forwards
them to the Building Department.
. 5 Applicant has eighteen months to complete the
site improvements following the signing of the
"Improvements 'Agreements" .
. 6 If occupancy occurs prior to completion of all
site improvements, then the applicant must provide
the City with a Letter of Credit for. no less
than 1 1/2 times the value of the remaining
improvements.
2. 7. 2 CITY OF BOZEMAN BUILDING PERMIT PROCEDURE
2. 7. 2. 1 Submission
. 1 Submit two copies of all plans and specifications
to: Building Department
P. O. Box 640 .
Bozeman, MT 59715
The documents must be stamped by an architect
or engineer licensed to practice as such in
the State of Montana.
2. Approval for the building cannot be granted
until the signed final site plan has been forwarded
by the planning staff. The applicant may submit
the building plans prior to site plan approval
although the permit will not be issued until
the site plan has been approved.
Mr. John Miller
December 22, 1§87
Page 4
3 . Plan Check Fees are established by the schedule
in the current edition of the Uniform Building
Code. The valuation of the project will be
determined either by the applicants estimate
or by the Building Department using the current
I.C.B.O. square-foot cost figures.
4. Building plans must conform to the following
standard codes:
. 1 Uniform Building Code
. 2 National Electrical Code
. 3 Uniform Plumbing Code
. 4 Uniform Mechanical Code
�o
2. 7. 2. 2 Review Process
. 1 The Building Department Plan Review will take
up to two weeks. The building permit will be
issued following proper compliance with the
codes and the. receipt of the approved site plan
from the planning staff.
I . 2 Note that all electrical and plumbing subcontractors
must be bonded.
. 3 An occupancy certificate is required prior to
occupying the structure.
Condition' 5c. - We request a specific color pallette and materials
list describing a range of colors and materials so we can determine
e if they are acceptable or not (earth-tones, milled lumber, brick,
etc. )
There is no Figure 4. 2 in the Development Guidelines. Also,
the figures are not in chronological order, thus causing confusion.
Please arrange them in order.
Condition #5e. - We suggest you include the following language,
possibly at the botton of page 8, under "Development Standards"
in your Guidelines:
Mr. John Miller
December 22, 1987
Page 5
"Planning and Zoning
As the Spring Meadows P.U.D. is within the City of Bozeman,
all development and improvements within the development
are subject to the conditions and requirements of the Bozeman
Zoning Ordinance and adopted .city building codes. The
Bozeman Planning Staff and Building Department will review*
all improvements as noted in these Development Guidelines. "
.�� Condition #5f. - Please include diagrams showing specific light
�~ i \ standards in the developmental guidelines (boulevard, parking,
'3 landscape, etc. ) . The detail included on page 'B' of your congregate
living site plan is an example of what should also be referenced
in the Guidelines.
Condition #1 - After meeting with the Public Works Director
and Superintendent of Parks, the planning staff was informed
that your conceptual landscape plan is unacceptable. We ask
that you resubmit a landscape plan which addresses the following
concerns expressed by the Parks and_ Public Works staff:
,,--No berming can be constructed on city property.
� 2�s No retention pond (northern one) can be constructed
on—c1 ty property.
3 . In addition to the specific trees you identified, the
Parks Superintendent suggests an additional variety
(Blue Spruce?, etc. )
\IV4 . Boundary markers, approved by the Parks Superintendent,
�( must be placed along the west property line at intervals
sufficient to delineate the private and public boundary
(example: every 100 feet) .
n
5. -Trees may be placed in groups or some other arrangement
j acceptable to the Parks Superintendent on city property,
provided they in no way imply an extension of private
yards beyond property lines.
J4" ' 6. A landscape development schedule must be submitted 5�
which states specifically what trees or other improvements
will be planted/installed, where and when, for common
area/open space landscaping. This schedule must also 5' s)a\
detail maintenance provisions (irrigation, fer.tili in�
seeding, mowing, etc. schedule. ) ��� 415A- �; Q�
Vkw
5 u
�� - ) 04,
Mr. John Miller
December 22, 1987
Page 6
The Planning Staff regrets that the above details were
not discussed at an earlier date and we will continue to assist
you in any way we can. Please address specific concerns on
your landscape plan to Dick Holmes, the Director of Public Works.
Sincerely,
�3;It �ck
Bill Mu
Assistant Planner
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o =
BOZEMAN RECREATION DEPARTMENT
1211 W. MAIN ST. P.O. BOX 640 PHONE(406)587-4724
BOZEMAN;MONTANA 59715-0640
�4
MEMO
TO: Bill Murdock; Planner
FROM: Sue Harkin, Recreation Superintendent . J � .
RE: Spring Meadows Subdivision
The Recreation Advisory Board reviewed the landscape
design and could see no problems with the plan including
the different placement of the water retention area.
HOME OF THE BOZEMAN SWIM CENTER
BOZEMM
CITY COUNTY
s
PLANNING BOARD
4.1 ��aZEMAN; 35 NORTH BOZEMAN AVENUE
CfTY � P.O. BOX 640, BOZEMAN, MONTANA 59715
6+LJ4�±lNINGIARD` PHONE: (406)586-3321
I
November 3, 1987
John Miller S_14 7?0-f
Spring Meadows Partnership
618 West Griffin Drive
Bozeman, MT 59715
Dear John:
This note is just a reminder that your Final Site Plans
and Development Guidelines for Spring Meadows P.U.D. must be
approved by December 1, 1987. The Bozeman City Commission
approved a Conditional Use Permit for - Spring Meadows on
June 1, 1987.
I have enclosed a copy of the conditions for approval.
Please feel free to contact the Planning Staff if you have
any questions regardinfi these conditions or the time frame.
.-Sincerely,
Bill Murdock
Assistant Planner
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Enc.
PLANNED UNIT DEVELOPMENT
1. The westernmost proposed pond and its attendant grading
should be located outside of the floodway limits of Mathew
Bird Creek. The limits of the 100 year floodplain should be
shown on the site plan.
i
2. The northern exit onto Graf Street has a potential
conflict from the traffic aisle junction being too close to
Graf Street. This aisle should be relocated or eliminated.
3. A complete grading and drainage plan should be submitted
to and approved by this office prior to approval. Attention
should also be directed to Code requirements for construction
in a 100-year floodplain.
4. The curb height should be increased to 18" to allow for
increased long-term stability.
5. Proposed utility services, including fireline, should be
shown and approved by this office.
6. Treatment of storm drainage for oil. and sediment control
should be incorporated into the grading and drainage plan
referenced above.
7. Pedestrian access (bridge) to the picnic arbor across
Mathew Bird Creek will also be subject to the floodplain
regulations.
S
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Board of Directors may exercise relating to his duties and
authority . He shall sign all stock issued and all deeds and
papers which shall require his signature and perform such .other
duties as pertain to his office.
VICE-PRESIDENT
(b ) The Vice-President shall act in the place and stead of
the President in the event of his absence , inability or refusal
to act, and shall exercise and discharge such other duties as may
be required of him by the Board .
SECRETARY
(c ) The Secretary shall record the votes and keep the
minutes of all meetings and proceedings of the Board and of the
members ; keep the corporate seal of the Association and affix it
on all papers requiring said seal ; service notice of meeting of
the Board of Directors and of the members ; keep appropriate
current records showing the members of the Association together
with their addresses , and shall perform such other duties as
required by the Board.
TREASURER
(d ) The Treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall disburse
such funds as directed by resolution of the Board of Directors ;
shall sign all checks and. promissory notes of the Association ;
keep proper books of account ; cause an annual audit of the
Association books to be made by a public accountant at the
completion of each fiscal year ; and shall prepare an annual
budget and statement of income and expenditures to be presented
to the membership at its regular meeting, and deliver a copy of
each to the members.
ARTICLE IX
COMMITTEES
The Board of Directors shall appoint committees as deemed
appropriate in carrying out its purpose.
(a ) An Architectural Committee consisting of the developer,
architect and designated landscape contractor shall serve for the
entire build-out of Spring Meadows.
ARTICLE X
BOOKS AND RECORDS
The books , records and papers of the Association shall at
7
all times , during reasonable business hours , be subject to
inspection by any member . The Declaration , the Articles of
Incorporation and the By-Laws of the Association shall be
available for inspections by any member at the principal office
of the Association, where . copies may be purchased at reasonable
cost.
ARTICLE XI
ASSESSMENT
As more fully provided in the Declaration, each member is
obligated to pay to the Association annual and special
assessments which are secured by a continuing lien upon the
property against which the assessment is made . Any assessments
which are not paid when due shall be delinquent. If the
assessment is not paid within thirty (30) days after the due
date , the assessment shall bear interest from the date of
delinquency at the legal rate and reasonable attorney ' s fees, and
the Association ma.y bring an action at law against the owner
personally obligated to pay the same or foreclose the lien
against the property , and interest costs , and reasonable
attorney ' s fees of any such action shall be added to the amount
of such assessment. No owner may waive or otherwise escape
liability for the assessments provided for herein by nonuse of
the common area or abandonment of his lot.
ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words: "Spring Meadows Subdivision
Homeowners ' Association. "
ARTICLE XIII
AMENDMENTS
SECTION 1 . These By-Laws may be amended at regular or
special meetings of the members , by a vote of a majority of a
quorum of members present in person or by proxy.
SECTION 2. In case of any conflict between the Articles of
j Incorporation and these By-Laws, the Article shall control ; and
in case of any conflict between the Declaration and these By-
Laws, the Declaration shall control .
8
ARTICLE XIV
MISCELLANEOUS
The fiscal year of the Association shall begin on the first
day of January and end on the 31st day December of every year,
except that the first fiscal year shall begin on the date of
incorporation.
IN WITNESS WHEREOF , we , being all of the Directors of the
"Spring Meadows Subdivision Homeowners ' Association" have
hereunto set our hands this day of , 1987.
CERTIFICATION
I , THE UNDERSIGNED, do hereby certify :
That I am the duly elected and acting Secretary of the
Spring Meadows Subdivision Homeowners ' Association , a Montana
Corporation, and ,
That the foregoing By-Laws constitute the original By-
Laws and said Association, as duly adopted at a meeting of the
Board of Directors thereof, held on the day of ,
1987.
IN WITNESS WHEREOF , I have. hereunto subscribed my name
and affixed the seal of the Association on this day of
1987 .
ITS SECRETARY
9
DECLARATION OF PROTECTIVE COVENANTS
SPRING MEADOWS SUBDIVISION HOMEOWNERS ' ASSOCIATION
The undersigned, being the owners of all the real property
hereinafter described in Article One of this Declaration, hereby
adopt the following Declaration of Protective Covenants
pertaining to and effecting the use, regulations, restrictions,
reservations , easements and development of that certain real
property described in Article One.
It is the intent of the undersigned that the real property
shall be held, transferred, sold, conveyed and occupied subject
to covenants , conditions, restrictions, regulations, easements
and reservations hereinafter described in detail and set forth
j each and all of which shall be binding upon and shall apply to
any and all owners of any parcels or tracts of the herein
described real property, and to any and all heirs , assigns,
grantees, personal representatives and/or successors in interest
thereto.
I.
PROPERTY SUBJECT TO THIS DECLARATION
OF PROTECTIVE COVENANTS
The real property which is and shall be conveyed ,
transferred , occupied and sold subject to the conditions ,
covenants, restrictions, regulations, reservations and easements,
as set forth in the various clauses and covenants of this
Declaration, is located in the County ,.of Gallatin, State of
Montana, and more particularly described as set forth in Exhibit
"A" attached hereto and by this reference made a part hereof .
II.
DEFINITIONS
1. "Association" shall mean Spring Meadows Subdivision
Homeowners ' Association, its successors and assigns, which shall
be incorporated as a Montana non-profit Corporation, with its
members as the lot owners.
2 . "Member " shall mean any person or entity owning or
purchasing a lot in Spring Meadows Subdivision. Each lot owner
shall be a member of the Association and agrees to abide and to
be bound by these covenants, and the Articles of Incorporation,
By-Laws and Resolution of the Association.
3 . "Owner" shall mean the legal title holders or contract
purchases , whether one or more persons or entities , owning or
purchasing a fee simple title to any lot but excluding those
having an interest merely as security for the performance of an
obligation; provided, however, that prior to the first conveyance
1
of each portion of the properties for value, owner shall mean
Grantor . Prior to such conveyance or contract sale, Grantor
shall have the right to retain such rights incidental to
ownership hereunder as it may desire in its discretion.
4. "Lot " shall refer to a parcel of land derived by
dividing a tract into two or more parcels.
5. "May" is permissive.
6. "Shall " is mandatory.
III.
HOMEOWNERS ' ASSOCIATION
It is the intention of the undersigned that an Association
be formed and be called Spring Meadows Homeowners ' Association, "
but for convenience shall be referred to in this document as the
"Association" .
The Association shall be formed by the owners of the various
tracts within the development to care for, protect and maintain
the roads , boundary fences, drainage easements, open areas and
any other matters which may serve the development so as the same
will be maintained for the benefit of the development of the
owners of the individual tracts therein.
Every owner of a tract shall be a member of the Association.
Every person or entity who is the owner of .a fee or of an
equitable title in a lot or living unit, or who is subject to an
assessment , either present or future , by the Association,
pursuant to the provisions of any instrument relating to such
assessment, shall be a member of the Association.
For the purpose of determining membership, such ownership
shall be deemed to have vested upon delivery of a duly executed
deed or contract to the grantee or vendee . The legal title
retained by the vendor selling under a contract shall not qualify
such vendor for membership.
Foreclosure on a contract or repossession for any reason of
a lot or unit sold under contract shall terminate the vendee ' s
membership, whereupon all rights to such membership shall revest
in the vendor.
Each member of the Association shall have the right to vote
as set forth in the Articles of Incorporation of the Homeowners '
Association.
The membership rights (including voting rights ) of any
member may be suspended by action of the Board of Directors is
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such member shall have failed to pay when due any assessment or
charge lawfully imposed upon him or any property owned by him, if
the member, his family, his tenants or guests of any thereof ,
shall have violated any rule or regulation of the Board
regulating the use of any property or conduct with respect
thereto.
Assessment: The Association many levy an assessment on each
tract and the owner thereof for the purpose of promoting the
recreation, health, safety and welfare of the residence of the
properties for the improvement , repair, maintenance, and snow
removal of the roads and sidewalks for such other purposes that
may be approved by two- thirds (2/3 ) of the tract owners .
Further, an annual assessment option shall be extended for yard
and landscape maintenance within each owners private yard should
they so desire. The declarant for each tract owned within the
property herein described, hereby covenants, with each owner of
any tract or development thereof by the acceptance of a deed
therefor, whether or not is shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Association, such
assessment as shall be levied by the Association on an annual
basis. The annual assessment shall be charged upon the land and
shall be a continuing lien upon the property and tract upon which
the assessment is made . Each assessment shall also be the
personal obligation of the person who is the owner of the
property at the time the assessment fell due, and in the event of
any action to enforce the collection. of any assignment, the
Association shall be entitled to its costs and interest at the
legal rate from the date due and reasonable attorney ' s fees . The
Association may require the assessment lien at the time it is
assessed with the Gallatin County Clerk and Recorder, and in such
event, the receded lien shall be noticed to all third persons of
the assessment lien outstanding against each tract. The maximum
assessment per lot which may be made by the Association each
calender year shall not substantially exceed the actual and
reasonable costs incurred by the Association carrying out the
purposes herein set forth. The amount of an annual assessment
shall be fixed by the Association.
In addition to the assessments made above, the Association
shall have the ability to levy special assessments for capital
improvements upon the property which assessments shall require
approval by two-thirds (2/3 ) of the tract owners .
Directors : Members of the Association shall, on February 1
of each year, elect three (3 ) directors who shall have the power
and responsibility of setting the amount of the assessments on
each lot for each year. Such directors shall be elected by a
majority of the voters represented at a quorum of any meeting of
the Association, and may be removed from time to time at any
regular called meeting of the Association.
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Notice and Quorum for Meetings and Actions: Written notice
of any meeting called for the purpose of taking any action
authorized hereunder shall be mailed to all members not less than
fifteen (15 ) days or more than (40 ) days in advance of the
meeting. At such meetings called, the presence of members or of
proxies entitled to cast sixty-six percent (66%) of all the votes
of the members shall constitute a quorum. If the required quorum
is not present, another meeting may be called subject to the same
notice requirement , and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more
.than forty (4 0) days following the preceding meeting.
Date of Commencement of Annual Assessments: Due Date: The
annual assessment provided herein shall commence as to all tracts
on the date determined by the Board of Directors. The Board of
Directors shall fix the amount of the annual assessments against
each lot at least ninety (90) days in advance of the date of each
annual assessment. Written notice of the annual assessment and
the due date shall be sent to every owner or member subject
thereto . The Board of Directors may require the annual
assessments to be paid in twelve (12) equal monthly installments.
The Association shall, upon demand, and for a reasonable charge,
furnish a certificate signed by a Director of the Association
setting forth whether the assessment of a specified lot has been
paid.
Effect of Nonpayment of Assessments : Remedies of the
Association : Any assessment not paid within sixty (60) days
after the due date shall bear interest at the rate of twelve
percent (12%) per annum. Any past due assessment on any lot may
be recorded at the office of the Clerk and Recorder of Gallatin
County, Montana, and from the date of recording shall be notice
of the lien of the assessment to all third parties . The
Association may bring an action at law against the owner
personally obligated to pay the same or foreclose the lien
against the property. No owner may waive or otherwise escape
liability for the assessments provided for herein by non-use or
abandonment of his lot.
Sale or Transfer of a_ Tract: Sale or transfer of any tract
shall not affect the assessment lien or the personal liability of
the owner except to the extent extinguised by Montana law
pertaining to liens, mortgages , and trust indentures . No sale or
transfer shall relieve such tract from liability for any
assessments thereafter due or from the lien thereof , provided
that if the assessment lien has not been recorded with the Clerk
and Recorder of Gallatin County, Montana, a good faith purchaser
shall take the property free of the lien.
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IV.
LAND USE REGULATIONS
Uses Permitted: A family dwelling with one living unit in a
single building may be installed on the tracts that are so
designated. Multi-family units may be constructed on those lost
so designated. Those units must fall within the City of Bozeman
guidelines for Spring Meadows Subdivision.
In addition to the dwelling, there may be added private
garage and outbuildings incidental to residential use of the
premises . Any outbuilding must have approval of the
Architectural Committee as well as the City of Bozeman prior to
construction . All construction shall be completed on the
exterior within ninety (90) days unless arranged prior with the
Architectural Committee. Final interior construction shall be
completed within one (1) year of start, with all landscaping in
place within fifteen (15 ) months of start. Exception to the
above is for the installation of foundations prior to winter for
above ground start commencing in the following spring. In this
case prior approval of the Architectural Committee is required.
This shall apply as variance to the ninety (90) day exterior
completion requirement only. In such case the site shall be
taken to final grade except for one top soil pile not to exceed
fifty (50) cubic yards and not left with other excavation piles
during the winter months.
Any unbuil t lots shall be maintained by the Homeowners '
Association and costs assessed to the particular lot. This shall
include mowing at intervals to eliminate grasses over four (4)
inches in height.
One temporary building may be used on any tract during the
course of continuous installation, not to exceed one (1) year
from start of construction.
No dwelling building can be used as a dwelling until house
is completely enclosed and roof is on.
No store, theater, tavern or entertainment establishment of
any kind, or any shop of any kind, may set up as a permanent or
temporary business for the purposes of any commercial operation,
shall be permitted upon any lot at any time, with the exception
of cottage industries, which may be permitted.
In order to preserve the natural beauty of the property, no
one shall unreasonable cut or remove the natural trees and timber
from the property, and in the erection of structures on the
property, care shall be taken to remove as little of the natural
growing timber as possible. Under no circumstances shall any of
the natural trees or timber be cut , removed or sold for
commercial purposes.
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The only roads permitted in said real property described in
Exhibit "A" shall be those set forth on the plat thereof ,
subject, however, to utility and drainage easements, which may be
required to be installed to the various tracts of land in said
subdivision. Said utility easements shall only be used for
installation, maintenance and repair of utilities, and shall not
be used as a through road . The restriction against roads ,
however, shall not prohibit the use of driveways for access to
private residences on the lots from the main roads fronting said
lots. Any private road shall be approved by the committee.
All zoning and other laws , rules , regulations of any
government or agency under whose jurisdiction the land lies are
considered to be a part of and enforceable hereunder and all the
owners of said lands shall be bound by such laws , rules and
regulations.
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The owner of each tract shall control the weeds and all
noxious plants on his tract, provided., however, that he shall not
use poison harmful to humans or animals and enjoyment of the
occupants of said property. In the event the owner shall not
control the weeds or noxious plants, the Association may cause
the weeds or noxious plants to be controlled, and may assess the
lot owner for the costs thereof.
The invalidation of any one of the covenants or agreements
contained herein by a judgement of a Court Order by law shall in
no way affect any of the other provisions which shall remain in
full force and effect.
Each building site owner must assume the burden of supplying
power systems , which shall be and maintained at all times in
accordance with all applicable rules and regulation of any public
agency and in accordance with any rules established by developer
not inconsistent with such rules and regulation of the public
agency or with provisions of the Declaration of Covenants.
The owners of two or more building lots may join together in\
the installation and maintenance of domestic water supply
facilities for their joint use, so long as in accordance with all /
applicable. rules and regulations of any public agency.
There shall be no incineration or burning of garbage, trash,
or other waste or debris on any building lot. All such waste
material , except that which may be clean and efficiently disposed
of through the use of sanitary sewer systems shall be hauled for
disposition to the Sanitary Landfill or to such other publicly
maintained and operated place of disposition as may be
convenient, or shall be disposed of in such other manner as may
be designated by the Association.
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These restrictions , conditions and limitations shall run
with the land and shall be binding upon the present owners and
all subsequent owners of any portion of the area included within
the aforesaid plat. The grantee of any portion of said property
covenants and agrees by the acceptance of a conveyance ,
faithfully to observe and comply with the said restrictions,
conditions and limitations applicable thereto.
Any provisions herein may be enforced by any owner of any
portion of the area included within the plat , or by the
developer, either by an action for damages arising out of a
violation, or by an action to restrain continuing violation or in
any other manner permitted by law. In any action of any kind for
the enforcement of these restrictions, if the relief paid for is
granted in whole or in part, the applicant for relief shall be
entitled to recover necessary costs of the action, including
attorney 's fees.
Each lot owner is responsible for the costs of bringing
electricity and telephone services to his residence from the
primary line. All utilities shall be underground.
Livestock: No animals and livestock may be raised, bred or
kept on any part of the property.
1. Livestock included poultry and fowl .
2. All pets shall be kept on a leash or in a fenced
area.
3 . No swine or any kind shall be permitted for any
purposes on the property.
All Articles of the Spring Meadows design guidelines shall
become part of these covenants and enforceable as the same.
Storage of Materials : The storage of supplies or equipment,
boxes , refuse , trash, materials, machinery or machinery parts
that shall distract from the aesthetic values of the property
shall be place and stored in buildings for that purpose.
Use of Easements : No dwelling or improvements shall be
placed on nor shall any material , equipment or refuse be placed
on any part of said property within the area of the easement
reserved as indicated on the plat of the property filed in the
office of the Clerk and Recorded or Gallatin County Montana, or
the easement reserved and created in these Protective Covenants.
Nuisance : No noxious or offensive activity shall be carried
on upon any portion of the property, nor shall anything be done
thereon which may be or may become an annoyance or nuisance to
that neighborhood , or seriously depreciate the natural
environmental qualities of the property.
Public Utilities : There is hereby reserved, for the purpose
of public utilities , a permanent easement across a strip of land
twenty (20) feet wide from the back line and each non-common lot
line (ten feet each side of common lot lines ) of each lot or plot
within the subdivision.
Valley View Golf Course : Those lots that adjoin Valley View
Golf Course must take precautions to not allow trespassing from
the lot onto the private golf club. Interference, trespassing or
damage to Valley View golf course shall be in violation of these
Covenants and pertinent City and State laws.
Patio Home : Any two adjoining lots may with approval of the
architectual committee agree to wave the setback requirement on
the common lot line in order to position the two proposed
buildings either closer to or adjoining .on the common lot line.
Mutual agreement shall be made; recorded to this effect.
V.
EASEMENTS
Easements for roads , drainage , electricity, telephone ,
lighting, water , sewer , cable television , and all other
utilities, bridle paths, pedestrian traffic or any other service
or utility shall be and are hereby reserved.
All road easements as show on the plat shall include a
corresponding easement for drainage , electricity, telephone,
lighting, water, sewer, cable television and all other utilities.
Easement areas may be landscaped by property owners so as to
enhance their appearance so long as landscaping does not
interfere with the use fo the property as an easement.
No utility, service line or facility shall be installed or
replaced without the prior approval of the Association. All
easement areas must be restored, at the expense of the utility or
service entity doing such work, to as near the condition that
existed previous to such work as possible. At the discretion of
the Association, a bond may be required of the utility or service
entity to ensure compliance with this provision.
No external TV antennas shall be permitted. No radio
antennas shall be permitted in excess of three (3) feet.
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VI.
ENFORCEMENT, APPLICABILITY, AND CHANGE
These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them for a
period of twenty-five (25) years from the date these covenants
are recorded, after which time said covenants automatically shall
be extended for successive periods of ten ( 10) years unless
changed in whole or in part as hereafter stated.
Enforcement of these covenants shall be by proceedings
either at law or in equity against any person or persons
violating or attempting to violate any covenant; and the legal
proceedings may be either to restrain violation of the covenants
or to recover damages or both. In the event of any action to
enforce these covenants the prevailing party shall be entitled to
costs and a reasonable attorney's fee to be set by the Court.
Any lot owner, declarant or the Association may enforce these
covenants.
The failure by the declarant hereto or of any subsequent lot
owner to enforce any covenant or restriction contained herein
shall in no event be deemed a waiver or in any way prejudice the
right to enforce that covenant or any other covenant thereafter
or to collect damages for any subsequent breach of covenants.
Invalidation of any one of these covenants by Judgment or
Court Order shall in no wise affect any of the other covenants or
provisions, all of which shall remain in full force and effect.
In any conveyance of the above-described real property or of
any tract hereon, it shall be sufficient to insert a provision in
any deed of conveyance to the effect that the property is subject
to the restrictions and covenants herein contained without
setting forth such restrictions and covenants verbatim or in
substance in said deed. All of the above-described real property
and lots shall be subject to the restrictions an covenants set
forth whether or not there is a reference to the same in a deed
of conveyance.
A breach of any of the foregoing restrictions or covenants
shall not defeat or render invalid the lien of any mortgage or
deed of trust made in good faith and for value upon any tract or
portion of the real property or any improvement thereon.
However, the said restrictions and covenants shall be binding
upon and insure to the benefit of any subsequent owner whose
title thereto was acquired by foreclosure , trustee , sale or
otherwise.
These covenants may be changed in whole or in part by the
execution, acknowledgment and recording of an instrument in
writing setting forth the change signed by the owners of at least
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seventy-five percent (75% ) of the votes of the lots in the
subdivision.
Any change of covenants shall be effective upon the filing
and recording of such an instrument in the office of the Gallatin
County Clerk and Recorder. Any change in these covenants shall
not affect existing structures and uses of the lots.
XII.
AMENDMENT
These covenants or any portion thereof may be amended,
abandoned, terminated, modified; or supplemented at any time by
the written consent, duly recorded with the office of the Clerk
and Recorder of Gallatin County, Montana , of the owners of
seventy-five percent (75%) of the privately owned land included
within the boundaries of the development.
XIII.
SEVERABILITY
A determination of invalidity of any one or more of the
covenants hereof by judgment, order or decree of a Court, shall
not affect in any manner the other provisions hereof , which shall
remain in full force and effect.
IN WITNESS WHEREOF, the developers have executed this
instrument this day of 19
10
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of A.D. , 19
a Notary Public for the State of Montana, personally appeared
known to me to be the persons who executed the within and
foregoing instrument and acknowledged to me that they executed
the same.
Notary Public for the Sate of Montana
(Seal ) Residing at
My commission expires
11
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VI. LANDSCAPING
A. INTENT
The landscape design techniques developed for Spring Meadows will
ensure consistency throughout development areas creating a subtle
visual unity and maintaining a high degree of quality. Plant
materials of varying heights , density and style are. the key
elements in creating an innovative plan.
As guide for prospective builders, general planting principles
and recommended plant species are also included in this document.
This is to:
* ensure that as various phases of the development are
built-out, the character of all open space and landscape
areas will provide harmony in a maturing community.
* help to guide the homeowner and builder in the selection
of species that are compatible with the Bozeman climate
and even further with the site location of Spring Meadows
within the Gallatin Valley.
A landscape credit has been included in the sales price of each
lot . This has been done to further control the direction and
implementation of the landscaping within Spring Meadows.
B. Landscape Plan
The landscape credit has been designated to one landscape
contractor . A landscape plan must be submitted to the
Architectural Committee with building plans for approval . This
shall also include multi-family areas which fall under the
reviews of the City of Bozeman. This plan shall also include
proposed methods of irrigation . The landscape credit is
sufficient to provide this landscape plan as well as a sizable
credit towards installation of the actual landscaping.
All landscape improvements shall be completed as per plan wi.thin
15 . months. This time period shall start at the beginning of
construction.
C. Neighborhood Landscaping
An overall development landscape inclusion plan has been
,. established to enhance the atmosphere of the entire Spring
Meadows Development. Those items to be addressed include:
*Buffering the Sourdough nature trail from adjacent
developed areas and create a pleasing setting conducive to
walking, jogging, cross-country skiing and passing time
along this natural trail . This would include incorporation
of benches and berms to create peaceful sitting areas.
'� 21
f
*Buffering the west boundary line along Graf Park. This has
been done to "Soften" the effect of this development on Graf
Park and the views from existing residences to the west.
This will also serve to identify the boundary between Spring
Meadows and Graf Park. This landscape is planned to vary in
line from on the boundary line to plantings in Graf Park to
avoid a "Shelter Belt" look.
*Group plantings are planned at specific areas to add to the
overall look of the area. These are planned:
1) In conjunction with the entrance sign on Spring
Meadows Drive.
2) In the area of Flat Creek.
3) At the entrance to Spring Meadows congregate
living area.
D. Landscape Credit
A landscape credit has been established with one landscape
contractor to ensure that the overall scope of intent is
maintained throughout the build-out of Spring Meadows. This
credit is included in the sales price of the lots and is to be
put into Escrow for the landscaping at the closing of each
property . A recommended list of plants is included as a
guideline for initial and ongoing landscaping.
E. Recommended Plant List
Evergreen Trees 5/6 '
Colorado Spruce
Black Hills Spruce
Scotch Pine
Austrian Pine
Deciduous Trees
Weeping Birch
Clump Birch
No Quaking Aspen 1 1/2"
Brooks Hybrid Poplar
Flowering Crab
Shubert' s Purple Chokecherry
Decora Mountain Ash
Japanese Tree Lilac
Ginnala Maple
22
,y
Deciduous Shrubs
Potentilla 18/24 "
Alpine Currant
Cotoneaster
`f. Red Twig Dogwood
Lilac
Honeysuckle
A W Spirea
Gold Flame Spirea
Ashleaf Spirea
Purple Leaf Plum
Golden Elder
Rose Tree of China
mom Dwarf Highbush Cranberry
Rugosa Shrub Rose
Evergreen Shrubs
Mugho Pine 18/24"
Techny Arborvitae
Welchii Upright Juniper 3 '
Spreading Juniper 18/24"
-Buffalo -Scandia
-Tam -Prince of Wales
-Blue Chip -Hughes
-Savin -Pf itzer
OM
go
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AM
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VII. OPEN SPACE / TRAILS
A. INTENT
The Sourdough Trail within Spring Meadows has been designated as
an integral part of the character and visual amenities .
Uses permitted within the trail area are to be determined by the
Ci-ty of Bozeman and the-Boz-eman---Ro-t-a-ry---C1-ub.
B. Accessibility
Trail connections within residential areas are critical and
should be located advantageously so as to encourage. open space
use .
The Sourdough Trail has been located to provide a connection to
Graf Park . The Trail crosses Spring Meadows Drive at the
intersection of Graf Street to provide a controlled intersection
crossing point. The area to the northwest of Spring Meadows
Drive connects directly to Graf Park to provide the area for the
trail in a more natural state than on a sidewalk or street. The
trail extends to the eastern edge of the development to allow for
the potential of future construction to the south.
C. Park/Open Space Landscape and Maintenance Fund-inq
Funding for landscaping along the trail is proposed to be
provided by the City of Bozeman park funds , Rotary Club
involvement, and developer participation.
Maintenance of the trails and open spaces are proposed to be
maintained as follows:
*City of Bozeman - dedicated parks and open spaces as
accepted.
*Homeowners ' Association - entryways, tracts , local
R.O.W. 's.
.;N
'yyW�1 *Bozeman Rotary Club - Sourdough Trail as accepted.
;e-a
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sr
s
BY-LAWS
OF
SPRING MEADOWS HOMEOWNERS ' ASSOCIATION
Article I
NAME AND LOCATION: The name of the corporation is "Spring
Meadows Subdivision Homeowners ' Association" , hereinafter
referred to as the "Association. " The principal office of the
corporation shall be at 412 Bryant, Bozeman, Montana 59715, but
j meeting of members and directors may be held at such places
within the State of Montana, County of Gallatin, as may be
designated by the Board of Directors.
Article II
Definitions
SECTION 1. "Association" shall mean and refer to "Spring
Meadows Subdivision Homeowners ' Association", its successor and
assigns.
SECTION 2 . "Properties " shall mean and refer to that
certain real property described in the Declarations of Covenants,
Conditions and Restrictions, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
SECTION 3 . "Common Area " shall mean all real property
owned by the Association for the common use and enjoyment of the .
owners .
SECTION 4. "Lots " shall mean and refer to - any plot of
land shown upon any recorded subdivision map of the properties
with the exception of the Common Area.
SECTION 5. "Owner " shall mean and refer to the record
owner, whether one or more persons or entities, of the fee simple
title to any lot which is a part of the properties including
contract sellers, but excluding those having such interest merely
as security for the performance of the obligation.
SECTION 6. "Declarant" shall mean and refer to "Spring
Meadows Subdivision Homeowners ' Association", its successor and
assigns if such successors or assigns should acquire more than
one undeveloped lot from the Declarant for the purpose of
development.
SECTION 7. "Decl*aration" shall mean and refer to the
Declaration of Covenants, Conditions and Restrictions applicable
1
to the properties recorded in the office of the County Clerk and
Recorder of Gallatin County, Montana.
SECTION 8. "Member " shall mean and refer to those
persons entitled to membership as provided in the Declaration.
Article III
MEETING OF MEMBERS
SECTION 1. ANNUAL MEETINGS. The first annual meeting of
the members shall be held within one year from the date of
incorporation of the Association, and each subsequent regular
meeting of the members shall be held on the same day of the same
month of each year thereafter, at the hour of 10 :00 o 'clock A.M.
If the day for the annual meeting of the members is a legal
holiday, the meeting will be held at the same hour on the first
day following which is not a legal holiday.
SECTION 2 . SPECIAL MEETINGS. Special meetings of the
members may be called at any time by the President or by the
Board of Directors, or upon written request of the member who are
entitled to vote one-fourth (1/4) if all votes of the membership.
The Developer shall serve as the Homeowners ' Association until
75% of the lots are built on within the development.
SECTION 3 . NOTICE OF MEETING. Written notice of each
meeting of the member shall be given by, or at the direction of
the Secretary or person authorized to call the meeting, by
mailing a copy of such notice, postage prepaid, at least 15 days
before such meeting to each member entitled to vote thereat,
addressed to the member' s address last appearing on the books of
the Association, or supplied by such members to the Association
for the purpose of notice. Such notice shall specify the place,
day and hour of the meeting, and, in the case of a special
meeting, the purpose of the meeting.
SECTION 4 . QUORUM. The presence at the meeting of
members entitled to cast or of proxies entitled to cast, one-
fourth (1/4 ) of the votes shall constitute a quorum for any
action except as otherwise provided in the Articles of
Incorporation, the Declaration, or these By-Laws. If , however,
such quorum shall not be present or represented at any meeting,
the members entitled to vote thereat shall have power to adjourn
the meeting from time to time , without notice other than
announcement at the meeting, until a quorum as aforesaid shall be
present or be represented.
SECTION 5 . PROXIES . At all meetings of members , each
member may vote in person or by proxy. All proxies shall be in
writing and filed with the Secretary. Every proxy shall be
revocable and shall automatically cease upon conveyance by the
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member of his lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION & TERM OF OFFICE
SECTION 1. NUMBER . The affairs of this Association
shall be managed by a Board of three (3 ) Directors, who need not
be members of the Association. The developer shall serve as the
Homeowner ' s Association until 75 % of all lots are built ;
occupied.
SECTION 2. TERM OF OFFICE. At the first annual meeting
the members shall elect one Director for a term of one year, one
Director for a term of two years and one Director for a term of
three years; and at each annual meeting thereafter the members
shall elect one Director for a term of three years.
SECTION 3 . REMOVAL . Any Director may be removed from
the Board, with or without cause , by a majority vote of the
members of the Association. In the event of a death, resignation
or removal of a Director, his successor shall be selected by the
remaining members of the Board and shall serve for the unexpired
term of his predecessor.
SECTION 4. COMPENSATION. No Director shall receive
compensation for any service he may render to the Association.
However, any Director may be reimbursed for his actual expenses
incurred in the performance of his duties .
SECTION 5. ACTION TAKEN WITHOUT A MEETING . The
Directors shall have the right to take any action in the absence
of a meeting which they could take at a meeting by obtaining the
written approval of all the Directors. Any action so approved
shall have the same effect as though taken at a meeting of the
Directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
SECTION 1. NOMINATION. Nomination for election to the
Board of Directors shall be made by a nominating committee.
Nominations may also be made from the floor at the annual
meeting. The nominating committee shall consist of a Chairman,
who shall be a member of the Board of Directors, and two or more
members of the Association. The nominating .committee shall be
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appointed by the Board of Directors prior to each annual meeting
until the close of the next annual meeting and such appointment
shall be announced at each annual meeting. The nominating
committee shall make as many nominations for election to the
Board of Directors as it shall in its discretion determine, but
3
not less than the number of vacancies that are to be filled.
Such nominations may be made from among members or non-members.
SECTION 2 . ELECTION. Election to the Board of Directors
shall be by secret written ballot. At such election the members
or their proxies may cast, in respect to each vacancy, as many
votes as they are entitled to exercise under the provision of the
Declaration. The persons receiving the largest number of votes
shall be elected. Cumulative voting is not permitted.
ARTICLE VI
MEETINGS OF DIRECTORS
SECTION 1. REGULAR MEETINGS. Regular meetings of the
Board of Directors shall be held monthly without notice, at such
place and hour as may be fixed from time to time by resolution of
the Board. Should said meeting fall upon a legal holiday, then
that meeting shall be held at the same time on the next day which
is not a legal holiday.
SECTION 2. SPECIAL MEETINGS. Special meetings of the
Board of Directors shall be held when called by the President of
the Association, or by any two Directors, after not less than
three (3) days notice of each 'Director.
SECTION 3 . QUORUM . A majority of the number of
Directors shall constitute a quorum for the transaction of
business. Every act or decision done or made by the majority of
the Directors present at a duly held meeting at which a quorum is
present shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
SECTION 1. POWERS . The Board of Directors shall have
the power to:
(a) adopt and publish rules and regulations governing the
use of the common area and facilities, and the personal conduct
of the members and their guests thereon , and to establish
penalties for the infraction thereof ;
(b) suspend the voting rights and right to use of the
recreational facilities of a member during any period in which
such member shall be in default in the payment of any assessment
levied by the Association. Such rights may also be suspended
after notice and hearing, for a period not to exceed sixty (60)
days for infraction of published rules and regulations;
(c ) exercise for the .Association all powers, duties and
4
authority vested in or delegated to this Association and not
reserved to the membership by other provisions of these By-Laws,
the Articles of Incorporation, or the Declaration;
(d ) declare the office of a member of the Board of
Directors to be vacant in the event such member shall be absent
from three (3 ) consecutive regular meetings of the Board of
Directors;
(e ) employ a manager, an independent contractor, or such
other employees as they deem necessary, and to prescribe their
duties.
SECTION 2 . DUTIES. It shall be the duty of the Board of
Directors to:
(a) cause to be kept a complete record of all its acts and
corporate affairs and to present a testament thereof to the
members at the annual meeting of the members, or at any special
meeting when such statement is requested in writing by one-fourth
(1/4) of the members who are entitled to vote;
(b) supervise all officers, agents and employees of this
Association, and to see that their duties are properly performed.
(c) as more fully provided in the Declaration, to:
( 1 ) fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of each
annual assessment period;
(2 ) send written notice of each assessment to
every owner subject thereto at least thirty (30) days in advance
of each annual assessment period;
(3) foreclose the lien against any property for
which assessments are not paid within thirty (30) days after due
date or to bring an action of law against the owner personally
obligated to pay the same;
(d) issue, or to cause an appropriate officer to issue upon
demand by any person, a certificate setting forth whether or not
any assessment has been paid. A reasonable charge may be made by
the Board for the issuance of these certificates . If a
certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
(e ) procure and maintain adequate liability and hazard
insurance on property owned by the Association.
(f ) cause all officers or employees having fiscal
responsibilities to be bonded, as it may deem appropriate;
5
I
i
(g) cause the Common Area to be maintained.
ARTICLE VIII
OFFICERS
The officers of the corporation shall consist of a
President , Vice-President, Secretary, Treasurer and such other
officers as shall from time to time be chosen and appointed. The
office of Secretary and Treasurer may be held by the same person;
and the officers shall be elected by the Board of Directors. The
President and Vice-President shall be members of the Board of
Directors , but the Secretary and Treasurer and other officers
need not be members of the Board of Directors . The first
election of officers shall be immediately after the organization
of the Board of Directors, and subsequent elections shall be held
annually upon the day of the first regular meeting of the Board
of Directors after the annual meeting of the members . All
officers shall be removable by the Board .of Directors at any
time. The Board of Directors may, by resolution, provide for the
office of Assistant Secretary and Assistant Treasurer, and may,
by such resolution, designate' their duties and fix the amount of
bond which may be required of them.
In case of death, resignation or removal of any officer of
this corporation , the Board of Directors shall elect his
successor , who shall hold the office by a like tenure for the
unexpired term.
PRESIDENT
The President shall preside at all meetings of the Directors
and members shall have authority, jointly with the Secretary, to
execute contracts, notes and securities for and on behalf of said
corporations , subject to the limitations of these By-Laws and
such limitation and directions and control as the Board of
Directors may exercise relating to his duties and authority. He
shall sign all stock issued and all deeds and papers which shall
require his signature and perform such other duties as pertain to
his office.
VICE-PRESIDENT
(b) The Vice-President shall act in the place and stead of
the President in the event of his absence, inability or refusal
to act, and shall exercise and discharge such other duties as may
be required of him by the Board.
SECRETARY
(c ) The Secretary shall record the votes and keep the
6
minutes of all meetings and proceedings of the Board and of the
members; keep the corporate seal of the Association and affix it
on all papers requiring said seal ; service notice of meeting of
the Board of Directors and of the members ; keep appropriate
current records showing the members of the Association together
with their addresses , and shall perform such other duties as
required by the Board.
TREASURER
(d) The Treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall disburse
such funds as directed by resolution of the Board of Directors;
shall sign all checks and promissory notes of the Association;
keep proper books of account ; cause an annual audit of the
Association books to be made by a public accountant at the
completion of each fiscal year ; and shall prepare an annual
budget and statement of income and expenditures to be presented
to the membership at its regular meeting, and deliver a copy of
each to the members.
ARTICLE IX
COMMITTEES
The Board of Directors shall appoint committees as deemed
appropriate in carrying out its purpose.
(a) An Architectural Committee consisting of the developer,
architect and designated landscape contractor shall serve for the
entire build-out of Spring Meadows.
ARTICLE X
BOOKS AND RECORDS
The books , records and papers of the Association shall at
all times , during reasonable business hours , be subject to
inspection by any member. The Declaration, the Articles of
Incorporation and the By-Laws of the Association shall be
available for inspections by any member at the principal office
of the Association, where copies may be purchased at reasonable
cost.
ARTICLE XI
ASSESSMENT
As more fully provided in the Declaration, each member is
obligated to pay to the Association annual and special
assessments which are secured by a continuing lien upon the
property against which the assessment is made. Any assessments
i
which are not paid when due shall be delinquent . If the
assessment is not paid within thirty (30) days after the due
date , the assessment shall bear interest from the date of
delinquency at the legal rate and reasonable. attorney ' s fees , and
the Association may bring an action at law against the owner.
personally obligated to pay the same or foreclose the lien
against the property, and interest costs , and reasonable
attorney' s fees of any such action shall by added to the amount
of such assessment . No owner may waive or otherwise escape
liability for the assessments provided for herein by nonuse of
the common area or abandonment of his lot.
ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words : "Spring Meadows Subdivision
Homeowners ' Association. "
ARTICLE XIII
AMENDMENTS
SECTION 1. These By-Laws may be amended, at regular or
special meetings of the members, by a vote of a majority of a
quorum of members present in person or by proxy.
SECTION 2. In case of any conflict between the Articles of
Incorporation and these By-Laws, the Article shall control ; and
in the case of any conflict between the Declaration and these By-
Laws, the Declaration shall control .
ARTICLE XIV
MISCELLANEOUS
The fiscal year of the Association shall begin on the first
day of January and end on the 31st day of December of every year,.
except that the first fiscal year shall begin on the date of
incorporation.
8
a_
IN WITNESS WHEREOF, we, being all of the Directors of the
" Spring Meadows Subdivision Homeowners ' Association" have
hereunto set our hands this day of 19 87 .
CERTIFICATION
I, THE UNDERSIGNED, do hereby certify:
That I am the duly elected and acting Secretary of the
Spring Meadow Subdivision Homeowners ' , Association, a Montana
Corporation, and,
That the foregoing By-Laws constitute the original By-
Laws and said Association, as duly adopted at a meeting of the
Board of Directors thereof, held on the day of ,
.1987 .
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed the seal of the Association on this day of
19 87 .
ITS SECRETARY
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-Decision - Conditional Use Permit - Spring Meadows Partnership --allow the development
C_oi�pring Meadows Subdivision, a residential planned unit development utilizing develop-
ments �guidelines, including sin � ily, multi-family, congregate and retirement care
dwelling units same site as above item
This was the time and place set for the decision on the Conditional Use Permit re-
quested by Spring Meadows Partnership to allow the development of Spring Meadows Sub-
division, a residential planned unit development utilizing developmental guidelines, includ-
ing single-family, multi-family, congregate and retirement care dwelling units. The sub-
ject site consists of a 18.6-acre tract located in the northwest one-quarter of Section 19
i
and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19,
Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly
known as being located east of East Graf Park, south of Westridge Meadows Planned Unit
Development, and west of the Valley View Golf Course.
City Manager Wysocki reminded the Commission that the public hearing on this re-
quest was conducted on May 4; and the decision has been tabled until a full Commission
was present. Fie then concurred in the Zoning Commission's recommendation for approval,
subject to ten conditions.
Mayor Mathre noted that the developmental guidelines refer to internally-lighted
signs, which are not allowed in a residential area.
Long Range Planning/Subdivision Administrator Marcia Elkins stated that Condition
No. 5 should be revised to reflect the need to change the development guidelines to ad-
dress that issue.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the
Commission approve the Conditional Use Permit requested by Spring Meadows Partnership
to allow the development of Spring Meadows Subdivision, subject to the following con-
ditions:
1 . Prior to final site plan approval, a specific park and open space de- <
velopment plan shall be submitted for review and approval by the
Recreation Advisory Board, the Superintendent of Parks and Plan-
ning Director. The plan shall include a detailed landscape plan,
identification of type and location of improvements and a development
schedule providing for the installation of those improvements prior to
�•s or simultaneously with major development of the area.
q32. Specific provisions for the maintenance of common open space shall
be included in the covenants and owners association documents.
3. A maximum of 117 dwelling units may be constructed within the
P.U.D.
cr�
r,\__ 4. Prior to final site plan approval , a 310 Permit and floodplain devel-
opment permit shall be obtained for the relocation of Flat Creek.
5. Prior to final site plan approval, the following revisions shall be in-
corporated into the guidelines:
a. A specific, section identifying the review procedure shall be
i
incorporated into the guidelines.
06-01-87
-6-
Q.11 b. Table 2.1 shall be revised to conform with the minimum set-
back requirements outline in the Zoning Code.
0 .5zA C. A specific materials list and color palette shall be added to ✓
p the developmental guidelines.
d. References to building heights with the requirements of
Q the Bozeman City Zoning Ordinance shall be added to the de-
sign guidelines.
e. A reference to compliance with the requirements of the
Bozeman City Zoning Ordinance shall be added to the design
guidelines.
'ti ✓���•� Q. f. Specific light standards shall be identified in the de-
Ilk velopmental guidelines.
0
g. Revise the sections dealing with sign.s to comply with the
� Zoning Code and prohibit use of internally-lit signs.
4 �l s
Q B `9 6. The covenants and owners association documents shall be revised to
include language ensuring the maintenance of all open space and in-
corporation of the developmental guidelines into the covenants.
7. No building permits shall be issued for construction within Spring
Meadows P.U.D. prior to final plat approval of Spring Meadows Sub-
division.
�J, 8. Three copies of the land use design guidelines and .required sup-
porting documents containing all the conditions, corrections and mod-
ifications approved by the City Commission shall be submitted for
review and approved by the Planning Director within six (6) months
5 of the date of the City Commission approval, and prior to application
for summary review of individual projects. One signed copy shall be
retained by the Building Inspection Division; one signed copy shall
be retained by the Planning Director; and one signed copy shall be
retained by the applicant.
9. A section shall be added to the development guidelines indicating ,/
P that the verb "should" as used in the context of the developmental
guidelines shall mean "will" wherever effective.
10. The developer shall participate in an appropriate percentage of
right-of-way improvements for pedestrian walkways on South Third
based on the proportionate share of vehicular traffic generated by
the proposed P.U.D.
The motion carried by the following Aye and No vote: -those voting Aye being Commissioner
Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor
Mathre; those voting No, none.
Decision - Conditional Use Pern-tit - Spriiig Meadows Partnership— - allow the development
u pring eadows ubdiv s on , a residential planned unit development dtiTiind develop-
mental guI a roes, Inc u ing sine e- amiTy, _m_ulti-family, congregate and retirement care
dwelling units same site as above item
This was the time and place set for the decision on the Conditional Use Permit re-
quested by Spring Meadows Partnership to allow the development of Spring Meadows Sub-
division, a residential Manned unit development utilizing developmental guidelines, includ-
ing single-family, multi-family, congregate and retirement care dwelling units. The sub-
ject site consists of a 18.6-acre tract located in the northwest one-quarter of Section 19
and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19,
Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly
known as being located east of East Graf Park, south of Westridge Meadows Planned Unit
Development, and west of the Valley View Golf Course.
City Manager Wysocki recommended that the Commission table action on this item
also, to remain consistent with action taken on the above agenda item.
It was moved by Commissioner Stiff, seconded by Commissioner Martel, that action
on the Conditional Use permit requested for Spring Meadows Subdivision be tabled until
next week's meeting. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Stiff, Commissioner Martel , Commissioner Vant Hull and Mayor
Mathre; those voting No, none.
05-26-87
' Break - 10:35 to 10.43 p.m. •
Mayor Mathre declared a break from 10:35 p.m, to 10:43 p.m. , in accordance with
Commission policy established at their regular meeting of March 14, 1983.
PPubhc hearing - Conditional Use Permit - Spring Meadows Partnership - allow the devel-
opment`o - pr"rrh ea ows Subdivision, a resia-en--tial planned unit development utilizing
developmental guidelines, inc u in single-family, m-ulti- ami y, congregate and retirement
care dwelling units same site as above item
This was the time and place set for the public hearing on the Conditional Use Per-
mit requested by Spring Meadows Partnership to allow the development of Spring Meadows
Subdivision, a residential planned unit development utilizing developmental guidelines, in-
cluding single-family, multi-family, congregate and retirement care dwelling units. This
subdivision consists of a 18.6-acre tract located in the northwest one-quarter of Section
'19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section
19, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more com-
monly known as being located east of East Graf Park, south of Westridge Meadows Planned
Unit Development, and west of the Valley View Golf Course.
Mayor Mathre opened the public hearing.
Long Range Planning and Subdivision Administrator Marcia Elkins presented the
Staff Report. She stated the two major issues to be considered under this Conditional
Use Permit are the developmental guidelines and the requested density bonus. She noted
that this planned unit development would contain 24 single-family dwelling units, 18 multi-
family dwelling units, and a congregate living facility containing 75 dwelling units. She
stated the lots range in size from 8900 square feet to 4.96 acres; 2.57 acres is dedicated
parkland; and an additional 2.5 acres is common open space.
The Planner stated that under the R-2 zoning designation, 5 units are allowed per
acres, with a possible density bonus of 6.75 units per acre; and the applicant is seeking
a density bonus to allow an average of 6.75 units per acre, for a total of 117 dwelling
units. She noted that most of that density bonus is to be in the congregate living unit.
She stated that amenities to be considered in the density bonus request include the mix
of housing types, the park development proposal , landscaping and buffering, development
around Matthew Bird Spring Creek, and relocation and upgrading of Flat Creek to a fish-
ery standard.
Long Range Planning and Subdivision Administrator Elkins stated that the Zoning
Commission considered this application and recommended approval, subject to ten con-
05-04-87
• -28- •
ditions.
Mr. John Miller, representing Spring Meadows Partnership, reviewed the justifica-
tions for seeking a density bonus, including the amount of parkland dedicated and the
amount of common open space to be provided. He noted the major reason for seeking the
density bonus is for .the retirement community, which will have two small sections en-
croaching upon the designated 100-year floodplain. He then indicated that the amount of
off-street parking required for that facility under the zoning regulations is much greater
. than the actual number required at existing facilities around the region. He further noted
that the amount of traffic generated by this type of residential unit is much lower than
for a condominium unit.
Mr. Miller showed the Commission a model of the proposed retirement center and
its location within the planned unit development. He noted it has been designed in a
manner that will minimize its impact on the area. He further noted it is important to lo-
cate a retirement center in a residential area so that the people living there feel like they
are a part of the community. He stated that the location of the building within the sub-
division shields it from the surrounding area while being close to the amenities of the
subdivision.
Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc. , stated that all of
the requested density bonus is for the retirement center, which creates less impact on
water, sewer and street facilities than single- or multi-family residences would create.
Fie then noted that, since two small sections of the retirement center will encroach upon
the 100-year floodplain, the FEMA regulations must be followed, which includes building
the structure at least two feet above the floodplain depth.
Mr. Jim Cordial, representing Leisure Life, Inc. , stated that the company has
been involved in developing 45 projects of this nature in this region. He stated that the
need for this type of facility does exist in Montana; and Bozeman seems to have adequate
need to make the project viable. lie noted that in 1940, 7 percent of the population was
over 60 years of age; today 12 percent area; and in 2050, it is projected that 22 percent
of the population will be over 60 years old. Mr. Cordial stated that the subject site is
located within a residential area and has pleasant views as well as amenities.
Mr. Jim Cordial then stated that the planned unit development will contain 117
units. lie noted 75 of those units will be in the retirement center, with 15 of the units
providing personal care. He stated that, since many of the residents of the center won't
drive, the amount of parking required and the traffic impact will be substantially
reduced.
Mr. Cordial stated he is presently seeking financing for this project, which will
05-04-87
• • -29- •
depend on whether this preliminary plat and conditional use permit are approved. He
then noted that as long as the FEMA requirements are met for building in the .100-year
floodplain, the project would be eligible for government funding. Mr. Cordial then stated
that the results of the soils tests will determine what type of footings will be required for
this structure.
Commissioner Stiff asked about the potential problems of ingress and egress from
the facility in bad weather, as one of the residents brought up in the previous item.
Mr. Kinshella stated that the 6 percent grade on East Graf Street is for a short
distance--probably 25 feet. He further noted the street is not on a north slope, which
should alleviate any icing problems. He stated that the street will probably have as much
chance to drift as other major arterials in that area, such as Highland Boulevard and
Kagy .Boulevard.
Mr. Cordial stated that the retirement center will have equipment to remove snow
from the parking lot, which they could use to open the street if necessary in an emer-
gency situation.
Commissioner Vant [lull asked how expensive the units would be to live in. The
Commissioner also asked if people will be accepted directly into the personal care units or
if one must be a resident of the retirement center first.
Mr. Cordial stated that they will be constructed for those who can afford this type
of lifestyle, noting that the government has addressed the need for low-income rent-
subsidized units. He then stated that initially the personal care units will probably be
rented directly to an individual, but later residents of the facility will probably transfer
into them when necessary.
Commissioner Vant Hull asked about the concern someone had expressed during the
previous agenda item about the possibility of the roadway washing out.
Long Range Planning and Subdivision Administrator Elkins stated that the developer
must o.btain a 310 permit before constructing the roadway; and it must be constructed to
meet the requirements of that permit.
Mr. Paul Kinshella stated that the street crossing must reserve an area for flood
flow; and the state regulations on floodplains require that the culverts must provide ade-
quate flow for a 100-year flood so that the water level does not rise more than one-half
foot. He then stated that three culverts measuring 36 inches by 58 inches will be in-
stalled with three feet of fill above them, so there should be no possibility of the street
washing out unless a 500- to 1000-year flood were to occur.
Mr. Frank Armknecht, 9748 Cougar Drive, stated support for the project, for the
same reasons as those stated during the pre!iminary plat review. He noted the proposed
05-04-87
• -30- •
retirement center is 50,000 square feet -in size; and he feels it will be a definite asset -to
the .community. Mr. Armknecht then noted that concern has been expressed about the
fact there are no sidewalks along South Third Avenue; however, there are many other
arterial streets in the community, such as North Rouse Avenue, Durston Road and West
Babcock Street, where sidewalks don't exist.
Mr. Armknecht then stated that the area is trying to attract industry and people.
He noted that if the City discourages subdivisions, people will live out of town rather
than in the city limits; and the City will still be faced with the same traffic problems.
He then encouraged the Commission to approve this project.
Commissioner Vant Hull asked when the retirement center would be in operation if
this conditional use permit is approved.
Mr. Miller stated the process which must be. followed is backwards for a developer;
therefore, he must pursue financing after approval has been given for construction of the
facility. He then stated that construction will probably not begin until next spring if the
conditional use permit is approved now.
Mrs. Christina Rogers, 2910 Colter Avenue, requested that the Commission consider
residents of the surrounding neighborhoods and the impacts this project would create on
them, and particularly the children in the area.
Mr. Ken Weaver, 100 Heritage Drive, noted that the Zoning Commission has added
a condition to their recommendation for approval which would require the developer to
participate in construction of a walkway along South Third Avenue. He then encouraged
the Commission to accept that condition if they approve this conditional use permit, thus
alleviating some of the conflict between pedestrians and vehicles.
Mr. Weaver then questioned the appropriateness of allowing rental units in a re-
tirement center in the R-2 zone. He also questioned whether the density bonus allows
development of multi-family units in the R-2 zone.
It was moved by Commissioner Vant Hull that the public hearing be continued for a
period of two weeks. The motion failed for lack of a second.
It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the
public hearing be closed. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor
Mathre; those voting No being Commissioner Vant Hull.
Mayor�-Mathre-requested that th.e_dec.isi.on on_this-Conditional-U-se- P-ermit_be pplac�d
on the May 18, 1987 agenda.
05-04-87
BOZEMAN CITY ZONING COMMISSION
STAFF REPORT
ITEM: ZONING APPLICATION #Z-8711 -- AN APPLICATION FOR A
PLANNED UNIT DEVELOPMENT UTILIZING DEVELOPMENTAL
GUIDELINES IN AN "R-2" (RESIDENTIAL-SINGLE FAMILY,
MEDIUM DENSITY) ZONING DISTRICT
APPLICANT: SPRING MEADOWS PARTNERSHIP, 618 WEST GRIFFIN DRIVE,
BOZEMAN, MONTANA
DATE/TIME: TUESDAY, APRIL 28 , 1987 , AT 7 : 00 P.M. , MEETING ROOM,
BOZEMAN PUBLIC LIBRARY, 220 EAST LAMME STREET,
BOZEMAN, MONTANA
REPORT BY: MARCIA ELKINS, LONG RANGE PLANNING AND SUBDIVISION
ADMINISTRATOR
-----------------------------------------------------------------
Location/Description
The property in question is described as a portion of the
Northwest Quarter of Section 19 and Certificate of Survey No.
819A located in the Northwest Quarter of Section 19 , Township 2
South, Range 6 East, M. P.M. , City of Bozeman, Gallatin County,
Montana . The property is more generally described as being
located east of East Graf Park, south of Westridge Meadows P.U.D.
and west of the Valley View Golf Course. It is also known as the
proposed Spring Meadows Subdivision. The proposed P.U.D. incor-
porates 18 .6 acres of land .
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General Description
The applicant is proposing the development of a 27 lot
planned unit development in conjunction with Spring Meadows Sub-
division. The proposed P.U.D. would int6grate a variety of
housing types and densities on the 18 . 6 acre site, including
single family, multi-family and congregate housing units. Lots 1
through 24 in Block 1 would be designated for single family
dwelling units. Lot 1 in Block 2 and Lot 1 in Block 3 would
accommodate a maximum of 18 multi-family dwelling units. A
congregate housing project for retired persons is proposed for
Lot 2 in Block 2 . It would accommodate 75 dwelling units. Lot
sizes within the P.U.D. range from 8 ,900 square feet to 4 . 96
acres. A total of 117 dwelling units are proposed for location
on the site.
Dedicated park land and common open space have been inte-
grated throughout the plan with an emphasis on extending the
Sourdough Trail from East Graf Park to the southeastern property
boundary. A total of 2. 57 acres of parkland has been proposed for
dedication as part of Spring Meadows Subdivision. Approximately
2.5 acres of additional common open space have also been proposed
as part of the P.U.D. The P.U.D. proposal adresses the installa-
tion of landscape and berming buffers along the boundary abutting
East Graf Park and along the extension of the Sourdough Trail .
The proposal also seeks to relocate Flat Creek at the northern
end of the development and develop fish habitat as part of the
watercourse development project. Ponds and picnic areas would be
developed at the southwest area of the site along the marshy
spring area associated with Matthew Bird Spring Creek. Graf
Street, a collector street, has been proposed as a public street.
The other streets within the development, Spring Meadows Drive
and Billion Place, have been proposed as private streets.
Land Use
The Bozeman Area Master Plan Land Use Plan designates the
property under consideration as Low Density, Residential , allow-
ing a maximum of seven dwelling units per acre. The current
zoning , "R-2" (Residential-Single Family, Medium Density) con-
forms with the Master Plan designation. Under the "R-2" zoning
designation, five dwelling units per acre of the total surface
area of the subject lands are permitted through the P.U.D. proce-
dure with an opportunity for a 35 percent density bonus increas-
ing the density to a maximum of 6 .75 dwelling units per acre.
The applicant ' s proposal is requesting the development of a
maximum of 117 dwelling units on the 18 .6 acre proposal site, or
a density of 6 . 29 dwelling units per acre. This density consti-
tutes a 25 . 8 percent density bonus .
Section 18 . 54 .090 of the Bozeman Municipal Code describes
the conditions under which a density bonus may be granted .
2
"Character , design excellence, architectural style, site
variation, innovative open space utilization, the provision
of recreational facilities, etc. may be considered cause for
density increases up to a maximum of thirty-five percent
according to the provisions listed below. The degree of
distinctiveness and desirable variations shall govern the
amount of density which the City Commission may approve. "
The Planning Staff shall review these criteria as they
relate to the proposal . It should be noted that the P.U.D.
utilizes the development guidelines approach and many of these
issues are addressed in a conceptual plan in those guidelines.
1 . Landscaping , including streetscape, open spaces, recreation
areas and plazas, use of existing landscape, pedestrian way
treatment, and waterscaping .
The P.U.D. proposes the use of berming and landscape ele-
ments to buffer adjoining land uses and park lands. This
buffering would increase the viability of the parks, for a
variety of uses, increase the aesthetic features of the
city' s parklands and serve to delineate a boundary between
public and private property. It would eliminate difficul-
ties experienced in other subdivisions where parkland has
been "incorporated" into the rear yards of abutting lots.
The proposed buffer scheme would allow variation in the
buffer location, placing some landscape and buffer elements
on private property and others on public parkland , avoiding
a hedge row approach to the buffering and improving the
aesthetic quality of the park . The Superintendent of Parks/
Cemetery has expressed opposition to the location of land-
scaping and buffering elements in the park. The Recreation
Advisory Board has expressed support for the concept and the
developer ' s willingness to contribute to the improvement of
public parkland .
Additional buffering has been proposed along the Sourdough
Trail extension to protect the park area from the intrusive
impacts of adjacent development. Dedication and development
of the Sourdough Trail within this project will achieve
important community goals by insuring the continued exis-
tence of the trail . Such buffering would preserve some of
the rural nature of the trail site. The Flat Creek reloca-
tion and fish habitat proposal at the northern end of the
project would also integrate landscape elements, although no
specific plans are available at this time.
2. Siting , including visual focal points , use of existing physi-
cal features such as topography, view, sun and wind orientation,
circulation pattern, physical environment and variation of build-
ing setbacks.
3
0 0
The applicant has made a conscious effort to locate the
lower density housing types at the northern end of the
project which is more open and within the direct view of
existing residences to the west. Vehicular circulation is
more constrained at this location as a result of the cul-de-
sac design of Spring Meadows Drive. Existing development
and ownership patterns preclude the connection of Spring
Meadows Drive with Fairway Drive to the north. The proposal
then shifts the development densities to the south where
natural features shield the development to some degree and
direct access is available from a collector street.
Variation in building setbacks has been encouraged through
the Developmental Guidelines , although no specific require-
ments are identified .
3. Design features including architectural styles , harmonious
use of materials, parking areas broken by landscape features and
varied use of housing types .
The P.U.D. proposal specifically attempts to integrate three
types of housing units within the project. Natural and man-
made boundaries have been utilized to limit the impact of
one housing type on another as well as on adjoining land
uses. More specifically, the applicant is addressing a
unique and somewhat new housing type, congregate living
units for retired persons . The congregate housing concept
provides individual dwelling units for residents with cen-
tral recreation and dining facilities.
The Developmental Guidelines address building materials and
design features. The Staff would suggest that Section V -
Architectural Elements - should include more specific infor-
mation including a list of acceptable materials and a speci-
fic color palette. These revisions would eliminate some of
the ambiguity in the review process.
4 . Recreational facilities, including swimming pools, tennis
courts , improved parks featuring picnic tables, benches , ball
field, play grounds, high quality bike and pedestrian path sys-
tems, etc.
The proposed P.U.D. exceeds the required parkland dedication
by nearly one acre. Additional common open space has also
been proposed within the project. The P.U.D. has proposed
extensive landscaping and buffering of the park areas as
described above. The Developmental Guidelines also address
the development of the park although a specific park devel-
opment plan is not included . A specific effort has been
made during the design of the project to integrate the
extension of the Sourdough Trail throughout the development
site. Additional improvements including pond and picnic
area development have been proposed at the southwest area of
the site. This open space development will require a 310
4
• •
permit and a floodplain development permit. Maintenance of
the common open space areas should be more specifically
addressed in the Covenants and Owners Association documents.
Section 18 . 54 . 090 (B) of the Bozeman Municipal Code describes
the conditions under which a density bonus may be limited to
reduce adverse impacts. The Planning Staff will review the
proposed development with regard to these criteria.
1 . Inconvenient or unsafe access to the development;
Two accesses have been proposed to the P.U.D. site. The
primary access will be obtained from Graf Street, a desig-
nated collector street. A gravel emergency access would be
constructed to the north of the P.U.D. Development of these
accesses to City standards will assure safe and convenient
access.
2. Traffic congestion in streets adjoining the development;
An extensive traffic accessibility and impact evaluation has
been prepared for the P.U.D. , including a trip generation
analysis, traffic assignment, and intersection evaluation.
The analysis is based on the development of 60 single family
residential units and 60 retirement units and projects a
total of 798 average weekday trip ends. The analysis indi-
cates that a traffic signal will be warranted in the year
2000 at the intersection of Kagy Boulevard and South Third
Avenue, primarily as a result of non-site traffic . Only 3.8
percent of the traffic experienced at that intersection is
projected to result from this P. U.D. Additional analysis
indicates that the Graf Street and South Third Avenue inter-
section will continue to operate at a level of Service A
during peak hours.
Based on the proposed mix of housing , the Staff calculated
the traffic generation impacts as outlined below.
TRIP GENERATION
HOUSING TYPE #D.U. TRIP RATE/UNIT AWVTE
Single Family 24 10 240
Multi-Family 18 6 . 6 118 . 8
(Condomi.nium/Townhouse)
Retirement 75 3 . 3 247 . 5
`I
TOTAL AWVTE ----- 606 .3
The Staff ' s projections are approximately 32 percent lower
than the applicant ' s calculations, suggesting that the
vehicular traffic impacts might be less than anticipated in
the traffic study. The Staff recommends that the property
r. 5
owners provide a waiver of protest to the creation of
S. I.D. ' s for future improvements to the intersection of
South Third Avenue and Kagy Boulevard in the amount of 3 . 8
percent of the cost of those improvements. This should
assure that the traffic impacts generated by the P.U.D. are
mitigated .
3. An excessive burden imposed on parks, recreational areas,
schools, and other public facilities which serve or are proposed
to serve the development;
Adequate sewer and water capacity are available to the site
to service the proposed density of development. Adequate
i park, recreational areas, and open space are being proposed
as part of the development. In addition, East Graf Park, a
substantially undeveloped park, is located directly west of
the P. U.D. The proposed density of development should not
I place an excessive burden on public services.
4 . A compromise in the intent of the P.U.D. as stated in Section
18 .54 .010;
Pursuant to Section 18 . 54 .010, the intent of the P.U.D. is
to promote maximum flexibility and innovation in development
design and land utilization and to encourage a more creative
approach in land development, provide a more economical and
efficient supply of street improvements and public utilities
and to conserve natural features and open space. The pro-
posed P.U.D. does not appear to compromise the intent of the
P.U.D. chapter . The proposed development preserves impor-
tant natural features and maximizes the use of open space
and park land on the site.
Based on the findings outlined above, the Planning Staff
supports the proposed density bonus allowing the development of a
maximum of 117 dwelling units on the site.
Developmental Guidelines
The purpose of the developmental guidelines review process
is to allow flexibility in the development of a P.U.D. and pro-
vide a common development theme for a project. The P.U.D. review
then focuses on the overall development plan and the guidelines
which will govern the review of specific site development.
The proposed Conceptual Narrative and Design Guidelines have
developed a detailed development concept. The Planning Staff ' s
concerns, outlined below, focus on the need for greater specific-
ity in the guidelines. More specific information would clarify
the review process and eliminate ambiguities in the review pro-
cess.
6
Review Procedure - A section should be added to the Development
Guidelines outlining the procedure for review of all devel-
opment proposed within the P.U.D. Pursuant to the develop-
ment guidelines review process, individual site development
is reviewed as an in-house P.U.D. with referral to the
Zoning Commission. The Staff reviews the proposal for com-
pliance with the Bozeman City Zoning Ordinance and the
Developmental Guidelines. Reports are then sent to the
Zoning Commission for review. The Zoning Commission may
request a public hearing on a specific development proposal .
This review procedure and its relationship to the Architec-
tural Committee should be specifically outlined in the
Developmental Guidelines.
Development Standards - Setbacks - Table 2.1 should be refined to
comply with the minimum setback requirements outlined in
Sections 18 . 16 .050 and 18 . 54 .110 of the Zoning Ordinance.
The option of a zero lot line development for single family
residential uses should be clarified pursuant to Section
18 . 50. 060 of the Zoning Code.
Architectural Elements - Material/Color - The Planning Staff
recommends that a specific materials list and color palette
be identified in this section. This would eliminate some of
the subjectiveness in the Planning Staff ' s review of a
development proposal .
Maximum building height in the "R-2" zoning district is 24
feet. The guidelines should be revised to eliminate refer-
ences to heights in excess of that limit.
Signage - .The signage section of the Guidelines should include a
reference to compliance with all requirements of the Bozeman
City Zoning Ordinance.
Lighting - As a result of difficulties associated with other
developmental guidelines procedures, the Staff would recom-
mend inclusion of a specific lighting standard within the
guidelines.
Conclusion
Based on the findings outlined above, the Planning Staff
recommends conditional approval of the Spring Meadows P.U.D. with
the following conditions :
1 . Prior to Final Site Plan approval , a specific park and open
space development plan shall be submitted for review and approval
by the Recreation Advisory Board , the Superintendent of Parks and
Planning Director . The plan shall include a detailed landscape
plan, identification of type and location of improvements and a
development schedule;
a
2. Specific provisions for the maintenance of common open space
shall be included in the covenants and owners association docu-
ments;
3. A maximum of 117 dwelling units may be constructed within the
P.U.D. ;
4 . Prior to final site plan approval , a 310 permit and flood-
plain development permit shall be obtained for the relocation of
Flat Creek;
5. Prior to final site plan approval , the following revisions
shall be incororated into the Guidelines :
a . A specific section identifying the review procedure
shall be incorporated into the Guidelines;
b. Table 2.1 shall be revised to conform with the minimum
setback requirements outlined in the Zoning Code;
C . A specific materials list and color palette shall be
added to the Developmental Guidelines;
d. References to building heights in excess of the 24 foot
maximum height limitation shall be deleted;
e. A reference to compliance with the requirements of the
Bozeman City Zoning Ordinance shall be added to the design
guidelines;
f. Specific light standards shall be identified in the
developmental guidelines;
6. The Covenants and Owners Association documents shall be
revised to include language insuring the maintenance of all open
space and incorporation of the developmental guidelines into the
covenants;
7 . No building permits shall be issued for construction within
Spring Meadows P.U.D. prior to Final Plat approval of Spring
Meadows Subdivision;
8 . Three (3) copies of the Land Use Design Guidelines and
required supporting documents containing all the conditions,
corrections, and modifications approved by the City Commission be
submitted for review and approved by the Planning Director within
six (6) months of the date of the City Commission approval and
prior to application for summary review of individual projects.
One (1) signed copy shall be retained by the Building Department,
one (1) signed copy shall be retained by the Planning Director,
and one (1) signed copy shall be retained by the applicant.
8
BOZEMAN CITY ZONING COMMISSION
STAFF REPORT
ITEM: ZONING APPLICATION #Z-8711 -- AN APPLICATION FOR A
PLANNED UNIT DEVELOPMENT UTILIZING DEVELOPMENTAL
GUIDELINES IN AN "R-2" (RESIDENTIAL-SINGLE FAMILY,
MEDIUM DENSITY) ZONING DISTRICT
APPLICANT: SPRING MEADOWS PARTNERSHIP, 618 WEST GRIFFIN DRIVE,
BOZEMAN, MONTANA
DATE/TIME: TUESDAY, APRIL 28 , 1987 , AT 7 :00 P.M. , MEETING ROOM,
BOZEMAN PUBLIC LIBRARY, 220 EAST LAMME STREET,
BOZEMAN, MONTANA
REPORT BY: MARCIA ELKINS, LONG RANGE PLANNING AND SUBDIVISION
ADMINISTRATOR
-----------------------------------------------------------------
Location/Description
The property in question is described as a portion of the
Northwest Quarter of Section 19 and Certificate of Survey No.
819A located in the Northwest Quarter of Section 19 , Township 2
South, Range 6 East, M. P.M. , City of Bozeman, Gallatin County,
Montana . The property is more generally described as being
located east of East Graf Park, south of Westridge Meadows P.U.D.
and west of the Valley View Golf Course. It is also known as the
proposed Spring Meadows Subdivision. The proposed P.U.D. incor-
porates 18 .6 acres of land .
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General Description v
The applicant is proposing the development of a 27 lot
planned unit development_i-n;co,nj_unction-with Spring Meadows Sub-
division. The proposed P.U.D. would integrate a variety—of�
housing types and densities on the 18;. 6 acre site, including-
single f y, multi-family and congregate housing units. LotsJr1
through 24 in Block 1 would be designated for single family
dwelling its . Lot 1 in - ock 2 and Lot 1 in Bloc k-3�would
accommodate a maximum of 18 ulti-family dwell -its.«A
congregate 'housing p or j`ec-t`- r=retired--DE cons-- i-s proposed for
Lot 2 in Block 2 . It would accommodate 75 welling units- Lot
si esr within the P U_.-D-._range-from 8 , square feet to 4 .96
acres_.!AJ total o_f-117 dwelling units are proposed for location
on the site.
Dedicated park land and common open space have been inte-
grated throughout the plan with an emphasis on extending the
Sourdough Trail from-East Graf Park to_the southeastern property
boundary..-A--total of C2735�__acres of parkland has been proposed for
ded ation as part of ing Meadows Subdivvisio`n . Approximately
/l� cres �f addti_ona-l-c-ommon-o-pen-s-pa-c-e-have also been proposed
p-o-sa-1_ad-r_e-s_s_e_s the installa-
tion-ofandscape and berm_-i-ng buffers along the boundary abutti-ng
East Graf Park and along the extension of the Sourdough trail .
The proposal al+so seeks to relocate Flat Creek at the northern
end of the development and develop fish habitat as part of the
watercourse development project. Ponds and picnic areas would be
developed at the southwest area of the site along the marshy
sprring area associated with Matthew —Sp-ring—_Creek-. Graf
S''treet, a collector street-,has_been2proposed as a public street.
The other streets within the development, Spring-Mead=oD-r-iave
and Billion Place, have been proposed as pr,i.v;ate�xstr-Bets--'-
Land Use
,_The_Bo-zema-n-_Area;Master-Plan_-Land-Use;Plan de-sig_nates the
property under consideration as Low Density, Residential , allow i
i=ng� a maximum of seven dwelling- units per acre. The rc�_u, Trent
zoning,�R-2" (Residential-Single Family, Medium Density) con-
for s with the--Master Plan _designation. Under the"-R=2 zon,ing
designation, ql�,five dwelling units per acre of the tota �G»rface
area o f t h e se c 1 and s a-r e� tt e d-t-h r-o u-g h-t h e-P.U.-D-.--..p.r_o c e-
dure with an opportunity-for-� r;ent densit b us increas-
ing the density to a maxim-urn-o 6 .75 welling-unkt-s per acre.
The applicant ' s pr,_oposal is re es g the development of a
maximum ofll �ciwe> ling units on thI �18=6'�cre Ye -site, or
a densi �. 29 welling units per a Thi-s_de.ns_ity consti-
tutes 2- .8 peff'dent density-bonus .
Section 18 . 54 . 090 of the Bozeman Municipal Code describes
the conditions un er w ich a density bonus may be granted .
2
r
"Character , design excellence, architectural style, site
variation, innovative open space utilization, the provision
of recreational facilities, etc . may be considered cause for
density increases up to a maximum of thirty-five percent
according to the provisions listed below. The degree of
distinctiveness and desirable variations shall govern the
amount of density which the City Commission may approve. "
The:Plann_i_ng_Staf iew thes f shall reve criteria as theyr
rel�e to the proposa l It should_be noted-fhat the P.U.D.
utilizes the development guidelines approach and many of these
issues are addressed in a conceptual plan in those guidelines.
i
(areas
Landscaping , including streetscape, open spaces, recreation
and plazas, use of existing . landscape-,—pedestrian way
eatment;and-waterscaping
The P.U.D. proposes the ws=ego_f�berm ng and landscape e-le
ments=t-o-_buf-:fe-r d3o-i-n-i-ng-land uses�an-d=parklands. This
buffering woul ` r=ease tthe-viabilit g y�-of-the-pa-r-ks-,for a�
variety o-f uses;,. � ', re-ase:the-aestYiet:i-c=f-eatur-es--of—the
ci ty�' s;p-a_r=k=lands�anerve-to�de-1= neate-a-boundary--between
pub l-i(c=a-nd�---p r-i v a-t a--p-r-o per-t y� It would a l m n a t e—d-i f f_i c u 1-
tie-s—ex_pe-r,ienced:i-n=othe_-r su-bd-i.v-i-si-ons-w-he-re pa-r-k1 nd--has
been "i-nc_or_por-ated� into the rear yards of abutting lots.
The proposed buffer scheme would allow variation in the
buffer location, placing some landscape and buffer e-l-eme-nts
on-pr-iva,te=pr-ope-rty and others on public parkland , avoiding
aL.hedge row approach to the buffering and improving the
ae-sthe-sic quality of the park . The Superintendent of=Parks/)
Cemetery has expressed opposition to the location=afz=Z:l-and4
s, ac ping and buffering elements in the park. The Recreation
Advisory Board has expressed support for the concept and t-he
developer ' s willri.ngness to,con-tr.i_bute--to--the.-impr-o_�ement)of
pub Li-cpark=l:a=nd:�
Addit'� �nal offering has been proposed along the Sourdough
Tr extension to pro et ct the park area from t e intrusive
impacts of adjacent development:�bedication and-d°evelopment
of the Sourdough—Tra`i`1 within this project will achieve
important community goals by insuring the contin_ued—ex_is-
tence of the trail . Such buffering-would preserve some ,o.fJ
the Tura a�uxe of the trail site. (y 'he Flat Creek reloca-
t'ion and fish habitat proposal at t e northern end of the
project_waul-d_aaso i-nt-eg-r---at-e-landscape elements,a-1t-h.o-u-g-h=no
-specific plans are availab-le at--tfii`s'�time.
2.. Siting , including visual focal points, use of existing physi-
cal features such as topography, view, sun and wind orientation,
circulation pattern, physical environment and variation of build-
ing setbacks.
3
The—app-l- ca-n-t has—made_a_c.onsc-io-us-ef-f-ox_t-to-,._,locate the
Lowe-r--dens-i-ty = housing types at the northern end of the
pr-of-e-ct which is more open and within the direct view of
existing residences to the west. `=Vehicular circulation is
mo r e c o.,n s t r_a i_n ed_at-th-i_s-l-oc a-t on-a-s-a-r-e s-u I t-o-f th e-c-u-l�de
sac design .o.f_Spr ng--Meadows--Drive- ---Exi-s-t.i_ng development
and owners p patterns preclude the connection of Spring
Meadows Drive with Fairway Drive to the nor
th. � he proposal?
then--shifts the development densities to the south where
na!tu a1 features shield the development to some degree and
direct acces-s_i_s_available from a collector street.
Variation:in_building setbacks has been encourage d=�►l through
he Developmental Guider es , although no specific require-
ments are identified.
3. Design features including architectural styles, harmonious
use of materials, parking areas broken by landscape features and
varied use of housing types .
The-P:U-.DTpropos-a-l-specifically attempts to integrate three
typetof-haus-i_ng-units within ec
� thin the projty. N ura�l and man-
made,�.bounda_r,i_e_sahave-been-u-t i 1 i zed tc 1 imi t the impact of�
(one housing type on another as well as on adjoining land
uses . More specific-ally, thew-pp.l`icant is add e=si"ng_.�a
uni:q_ue and (somewhat new housing type congregate living
units for retired persons . The congregate housing concept
pr,ovid-es=individual dwelling units for residents with cen-
tral recreation- and dining. facilitiels. .
The Developmental Guidelines addr=ess build_in-g_mate-r,i_al-sand
design=f_eatur-es-.The;S ff would suggest that Section V
A-rchitectural Elements - should include more _specific _i�rrf_ory
mat-ion-i-nc1_uding_a list of acceptable materials and a speci-I
fc color palette . These revisions wouldel-iminates_o.me�o
heyambiguity in the review process .
4 . �R�ecreational facilities, including swimming pools, tennis
courts, improved t parks featuring picnic tables, benches , ball
field , play grounds, high quality bike and pedestrian path sys-
tems, etc .
The,-pr-oposed_P.,Ur.-D. exceeds the required parkland dedication
Eby nearly one acre Additional common open space has also
ibeen proposed within the project: The-P:U DD.has propoged
exJten-s-ive—La nds_c ap=in`g and=bu f f_e:r-i-n-g=o f=th_er p a r k—a re_a=a s�
d.es.crA-bed=a_ove_:-m, The Developmental Guidelines also address
the development of the park although a specific park devel-
opment plan is not included . A specific effort has been
made during the design of the p-r-oject to i_n_t=eg_r_at-e'-t-he
ex ten-s1o__n—o_f=th.e=S-o_ur_d_o_ugh=T_r_a--i'1 the oo u:g h=aui tit he-_d-eve 1 o pm e n t�,
site=� Additional improvements including=pond—and pi-cn-i"cam
ax-ea=development have�been,pr1oposed-at�th_e� o_uthwes-t�ar-ea-oof>
the—stite� This open space development wi_11�req_ui_r_e�a=3=
4
permit and a floodplain development permit. Maintenance of
the common open space areas should be more specifically-_
addx_essed in the Coven ants_and-Owners-Assocation_documents.
Section 18 . 54 009-0`(-B-)-of-t-he--Bo-zeman;Mun-i-c-i-pa-l-Code descr,i_bes
the�e0nd 'tTons;-under which a density bonus may be limited to�
reduce adverse impacts The Planning St-a-f=f w_i.il--review the'
pr-opo_sed development with regard to these griteria .
1 . Il convenient or unsafe access to the development;
Two—accessess have enproposed to the P.U.D. site. The
primary access will be obtained from Graf Street, a design
6nated col_1_ector_street. AJgravelT ss�wou
emergency-accefd be
c_ons.tr-uctedTto the north'"of the P.U.D. Development of these
Caccesses--t-o-Ciiitty standards will assure safe and convenient
access.
2. Traffic congestion in streets adjoining the development;
An extensive traffic accessibility and impact evaluation has
been pr pared-for f1 e P.U.D. , including a trip generation
analysis, traffic assignment, and1Tntersection evaluati-on.
The analysis`is based on-the-devel-oilmen-t o-f 6-0-s-i-n-g_le,fam.i-1y
residential units and 60 retirement units and projects a
total of 798 average weekday trip ends. The analysis indi-
cates that a traffic signal will be warranted in the year
2000 at the intersection of Kagy Boulevard and South Third
Avenue, primarily as a result of non-site traffic. Only 3 .8
percent of the traffic experienced at that intersection is
projected to result from this P.U.D. Additional analysis
indicates that the Graf Street and South Third* Avenue inter-
section will continue to operate at a level of Service A
during peak hours .
Based on the proposed mix of housing , the Staff calculated
the traffic generation impacts as outlined below.
TRIP GENERATION
HOUSING TYPE #kD.U. TRIP RATE/UNIT AWVTE
Single Family 24 10 240
Multi-Family 18 6 . 6 118 . 8
(Condominium/Townhouse)
Retirement 75 3 . 3 247 . 5
TOTAL AWVTE ----- 606.3
The Staff ' s projections are approximately 32 percent lower
than the applicant ' s calculations, suggesting that the
vehicular traffic impac,ts_mig-ht be-fiess than anticip-ated,in
the traffic study. The Staff_.r_ecommends-that--the-property
5
owners provide a waiver of protest to the creation of
SJ.D:'79—for_future improvements to- the intersection of
South Third Avenue and Kagy Boulevard in the amount of 3 .8-
p?ennt of the cost of those improvements.. This o ld
a�sure that the tr'af-fTic=-impacts generated by the P.U.D. are
mitigated . -
3. An excessive burden imposed on parks , recreational areas ,
schools, and-ot-her-public faci"lities- which serve or are proposed
to serve the development;
Adequate sewer and water capacity are available to the site
rto=service the proposed dens i-fy ofdevelo -_ t. Adequate
p�ar'k-, -recreation-a-1 areas;and--open-s-pace-a-re-be n-g-proposed-{
a-s�part of the development—In,-,addition, East_Gr_af-P_axk,- a)
stb-s-t-antially undeveloped park,,i.s=Locat-ed-di-r-ectly west,-o-f
the P U DF- The proposed density of development should not
p lace an e x-c_e-s-s-i v e--bu-r-den-o n=pub-l-i-c-s-e-r v-i c e s.
4 . A compromise in the intent of the P.U.D. as stated in Section
18 .54 .010;
Pursuant to,-Section 18 .=54_.r01-0=,the intent of the P.U.D. is
to promotelmaximum flexibility and inn°vsation in development
design and'land utilization and to encourage a more creativ:el
approach in land development, provide a more economical and'
efficient supply o-f sltree�t improvements and public utilities
and -'to conserve natural features and open space. he pro-
�pos-ed--P UU:D d-d-oes--not appear to_compromise the intent of the
P.U.D. hapter :T.he-pr-o-posed develo=-p t preserves-impor--
tant"`�natural features and maximizes the use_of open space
and park land on the site.
Based on the findings outlined above, the P1ann-ing—S-taf-f
supports the proposed den-s_i;ty bonus allowing the development of a
maximum of 117 dwelling units on t _hes-i.t=�e.
Developmental Guidelines
The purpose of the developmental guidelines review process
is to a1low-f-le-xi•bility in the development of a P.U.D. and pro-
v�ide a common_deve-lopme.nt theme for a project . The PI.U- -D}. review
then foc es on the overall development=plan-and-t-he guidelines
which will . govern the review of specific site development.
The proposedlConceptual Narrative and Design_Guidelines have
d�ev6joped_a detailed development concept.- The P1ann-i-ngrS-t-a-f-f'-s
concernsr,_o-utlined_be-low, f-ocu-s-onvthe need for greater specific
i,jy:�in the guidelines. Mo-r-e-spe,c-k.f-i-c--information would--clar-ify,
the'review-w-proces-s=arid eliminate�amb-i-g-u-i-t-i-e-s fn-the--r-evi-ew�-pro
ces
6
KRe:v�iew!4�Procedure �rA_secti_on=shoul_d=be=added to the Development
Gui_del`_i`nes=outlining the procedure for review of all e l
opment proposed within the_P.U.D_. Pursuant to ttie develop-
ment gu del4_nes_r-evi_ew process, individual sit- e d elopment
is,'—reviewed as an in-house P.U.D. with referral to the
IZoning Comm issionp . The SY f—reviews-t-he-pr-opo's-al f-o-r-com-
pliance with—tthe Bozeman City Zoning Ordinance and the
Developmental Guidelines. Reports are then sent to the
Zoning Commission for review. The Zoning Commission may
request a pub-l-i-c--hea-ri,ng=on-a-spec-i.fic-de-ve1_o_pment proposal .
This review procedure and its relationship to the Architec-
tural Committee _sho-uld�--be-specifically outlined in the
Developmental Guidelines.
Development Standards - Setback77- Table 2. 1 should be refined to
comply wi-th—th-e minimum setback requirements outlined—in
Sections 18:1"6-0-50 and 18 . 54 . 110 of the Zoning Ordinance)
(The----opti-on--of a zero lot line development for single family
residential u-s-es-'should be clarified pursuant to Section
18 . 50 . 06PJ of the-`Zoning Code.
Architectural Elemen£s =-:Material/Co-lor T-he_P.1-anning--. Staff
_._,_ _-
recommends--tha-t--a--speeif-rc�ma"terial.s._.l.i-s-t-a-nd--col_o-r_ palett�o
be�iden d-f ed--in-this section. yTTtiis"would e" -liminat some_-o-fl
heT s bjectiveness—in the Planning Staff ' s review of a
development proposal .
Maximum buil'`ding_hei-ght=_in the "R-2" zoning district is 24
feet. The guidelines should be revised to eliminate refer-
ences to heights in excess of that limit .
gnage - The signage--section of the Guidelines should include) a
referen _to compli-ancewith all_r_eq-u- r-ements of the Bozeman
y Zoning Ordinance.
=Lighting--.-- As a result of difficulti_esiassociated—with—other
development lguidelines procedures, the Staff would recom
mend i=nc1_u-s-i-on�of_�a specific 1- g_hting-s-ta-nda-rdywitliin th'e
guidelines.
Conclusion
Based on the,f,i-ndi-ng-sroutl=i-ned:abov-e-,--ther-''Planning Staff
recommends conditional approval of the Spring Meadows P.U.D. with
the following conditions :
1 . Prior to Final Site Plan approval , a specific park and open
space development plan shall be submitted for review and approval
by the Recreation Advisory Board , the Superintendent of Parks and
Planning Director . The plan shall. include a detailed landscape
plan , identificatio of . type and location of improvements and a
development schedule k�s�vru�25 ,(Q Kj "jo,
l
7
2. Specific provisions for the maintenance of common open space
shall be included in the covenants and owners association docu-
ments;
3. A maximum of 117 dwelling units may be constructed within the
P.U.D. ;
4. Prior to final site plan approval , a 310 permit and flood-
plain development permit shall be obtained for the relocation of
Flat Creek;
5. Prior to final site plan approval , the following revisions
shall be incororated into the Guidelines :
a . A specific section identifying the review procedure
shall be incorporated into the Guidelines;
`O Table 2 .1 shall be revised to conform with the minimum
xo �� setback requirements outlined in the Zoning Code;
C. A specific materials list and color palette shall be
added to the Developmental Guidelines;
d . References to building heights in excess of the 24 foot
maximum height limitation shall be deleted;
e. A reference to compliance with the requirements of the
Bozeman City Zoning Ordinance shall be added to the design
guidelines;
f. Specific light standards shall be identified in the
developmental guidelines;
.6. The Covenants and Owners Association documents shall be
revised to include language insuring the maintenance of all open
space and incorporation of the developmental guidelines into the
covenants;
7 No building permits shall be issued for construction within
Spring Meadows P.U.D. prior to Final Plat approval of Spring
Meadows Subdivision;
8. Three (3) copies of the Land Use Design Guidelines and
required supporting documents containing all the conditions,
corrections, and modifications approved by the City Commission be
submitted for review and approved by the Planning Director within
six (6) months of the date of the City Commission approval and
prior to application for summary review of individual projects.
One (1) signed copy shall be retained by the Building Department ,
one (1) signed copy shall be retained by the Planning Director ,
and one (1) signed copy shall be retained by the applicant.
w i l� vl.9.A..C� � � ��� � •�r7ev'
8
i
I �
Yw � (,7/
(01
�►4-,,v\,vj,,uw� < q�e j Uv.c�i►6v1
r
Zoning Commission Chairman Jeff Rupp called a break from 9 : 22 to
9 : 31 p.m.
'ITEM 4 . ZONING COMMISSION -- ZONING APPLICATION #Z-8711 - AN
--APPLICATION FOR A PLANNED UNIT DEVELOPMENT UTILIZING
DEVELOPMENTAL GUIDELINES IN AN "R-2" (RESIDENTIAL - SINGLE
FAMILY, MEDIUM DENSITY) ZONING DISTRICT, Spring Meadows
Partnership, applicant
Marcia Elkins presented the Staff Report (see file Z-8711)
recommending approval of the PUD with eight conditions as
listed in the Staff Report. Ms. Elkins stated that specific
site plans for the proposed retirement housing project will
be reviewed in-house if the PUD is approved .
Henry Shovic noted that the Staff recommended that the
developer sign a waiver of protest to 3.8 percent of the
S. I .D. ' s for the improvement of the Kagy/Third/Willson inter-
section and asked if this recommendation was covered in the
Staff Report. Ms. Elkins stated that the Planning Board has
required this and condition #7 of this Staff Report states
that no building permits can be issued until final subdivi-
sion plat approval is granted , which will ensure compliance
ance with this recommendation.
Henry Shovic stated that the Developmental Guidelines use the
word "should" instead of "shall" and "will" and recommended
that these be changed .
Henry Shovic noted that multi-family housing is not allowed
in the R-2 zoning district unless a PUD is approved, and
asked the Staff if they felt this was an appropriate area for
this type of development. Marcia Elkins confirmed that it
was appropriate and added that the developer has done a good
job of providing mixed uses.
Melvin Howe pointed out that the Development Guidelines allow
buildings to be closer than what the Zoning Ordinance
requires and asked for clarification. Ms. Elkins replied
that the object of the PUD is to allow for clustered develop-
ment, and the PUD process will allow buildings to be built
back to back on separate lots with no minimum clearance.
This enables each lot to have a larger yard area.
Patricia Follett noted that the Developmental Guidelines
allow internal lighting of signs and asked if this would
create a problem. Marcia Elkins replied that if the Zoning
Commission feels this could be a problem they can recommend
that it be changed .
In reply to a question by Roger Craft, Ms. Elkins stated that
the emergency access will be a dedicated easement to the City
of Bozeman for emergency purposes and it will be built to a
city gravel standard with a permanent break-a-way barrier as
approved by the City Engineer , Director of Public Works ,
Zoning Commission/Planning Board - April 28 , 1987 - Page 12
Police Chief and Fire Marshall . An easement will need to be
obtained from the property owner to the north and the ease-
ment will be recorded on the plat.
Ms. Elkins reviewed the conditions under which a density
bonus may be limited to reduce adverse impacts which includes
development of parkland , buffering , streams, recreational
areas, and schools. She reviewed Staff Condition #1 which
requires a specific park and open space development plan.
Roger Craft noted that no time frame was proposed for the
submittal of this plan, and Marcia Elkins replied that they
left the time frame open to leave room for negotiation with
the developer prior to final site plan approval .
Henry Shovic asked for the definition of a "patio home" . Ms .
Elkins replied that the home is built with zero lot line on
one side and a courtyard on the other and the homes are
placed back to back. She noted that there are two units on
the driving range of the golf course that are a good example.
Henry Shovic asked why a 550 foot limit was set for cul-de-
sac length. Ms . Elkins replied that the reasons include
insuring adequate site circulation and adequate emergency
vehicle access .
In response to an issue raised by Jeff Rupp, Ms. Elkins
stated that the Park Superintendent is opposed to the pro-
posed public park improvements becuase of the cost of main-
tenance. The Recreation Advisory Board recognizes there is a
trade off, and has expressed support for the improvements
the developer has proposed installing.
Jeff Rupp stated the PUD regulations state that a project
should be unique in order to receive the density bonus. He
also stated that because of the problems with Graf Street and
South Third , it seems inconsistent and misleading to say that
inconvenient access will not take place. Marcia Elkins
replied that the traffic assessment indicates that there will
be no change in the service level and the City Engineer has
concurred. Mr . Rupp stated he did not agree with the assess-
ment.
Mr . Rupp also questioned the availability of water , which was
discussed during the Subdivision hearing , noting that the
city will probably have to ration water this year . Ms .
Elkins replied that because the land has been annexed the
city is obligated to provide the sewer and water and the
system has the capacity to handle this addition.
Mr . Rupp stated he has difficulties with the area because of
the design factors of the streets and the approval of a
density bonus will make the situation worse.
Zoning Commission/Planning Board - April 28 , 1987 - Page 13
Roger Craft asked if the traffic studies include pedestrian
and bicycle traffic or just auto traffic. Marcia Elkins
replied that the primary function of the traffic studies is
to analyze auto traffic but the capacity also includes pedes-
trians and bicycle impacts.
Melvin Howe asked for clarification of the level of service
of streets in terms of capacity. Ms. Elkins explained that
the term is used in traffic analysis. A level of Service A
j is free flowing traffic with little congestion. Service C is
what is experienced on Bozeman ' s Main Street at 5 : 00.
Streets are designed at a Service C, but most of Bozeman' s
streets are Service A and B. She stated that there are dif-
ferent expectation on what you would expect downtown and in a
residential area. Mr . Howe replied that not all streets are
the same because some don' t have sidewalks which causes more
traffic congestion, and questioned that this development
might have an impact on South Third . Ms. Elkins replied that
the traffic assessment shows there will be no level of ser-
vice change and that the City Engineer has not identified any
problems.
John Miller, representing the applicants, reviewed what is
planned for the development explaining that the density bonus
is needed in order to make the project feasible. The use of
Developmental Guidelines and Restrictive Covenants will main-
tain the quality of the area . Buffers will be used to iden-
tify lot lines as well as buffer adjoining properties. He
noted that berming , landscaping and non-continuous fencing
will be used to help maintain a unique atmosphere. They will
work with the Park Department in developing part of the pub-
lic park.
Nick Fullerton, architect for the project, stated that the
congregate retirement housing complex will have approximately
50 ,000 to 52,000 square feet and will have retirement housing
apartments as well as 15 units for people who need extra help
with specialized needs. A common dining area and recreation
area will be provided as well as a commercial facility which
will provide sundry items for the residents of the facility.
Mr . Fullerton then reviewed the landscaping and buffering for
the development.
Jeff Rupp noted that there are homes of this type that are
currently having occupancy difficulties. Henry Shovic asked
if this particular use should be discussed at this meeting .
Ms. Elkins replied that the congregate living is a part of
the use but the specific criteria for the development will be
reviewed in-house with the approval of the Developmental
Guidelines .
Paul Kinshella, Sanderson/Stewart/Gaston Engineering Inc . ,
explained that the congregate living will produce less traf-
fic than if the lot were used for a different type of use. He
Zoning Commission/Planning Board - April 28 , 1987 - Page 14
explained where the floodplain was in relation to the devel-
opment and how the area would be landscaped to take advantage
of the floodplain. Mr . Kinshella explained the layout of the
road in relation to the existing water line, noting that the
road did not follow the water line because the road curves
instead of making a 90 degree turn. Access to the water line
will be available because it runs through the parkland.
Jim Cordial , housing consultant, presented the Commission
with statistics on elderly housing and the need for this type
of housing . He explained that it is estimated that one half
of the residents will not drive and a bus service will be
provided for the benefit of all residents. This will help
alleviate the traffic concern.
Mr . Cordial stated that 60 units will be retirement apart-
ments with cooking facilities in them, but group dining will
also be available. Fifteen units will be for personal care
for those who need help accomplishing daily tasks. Skilled
nursing or intermediate care will not be available and no
medications will be administered. Residents will not be
eligible for medicare. He added that the density bonus is
needed in order to make the project feasible.
John Miller added that this type of facility is new in
Montana and statistics show there is a need for it. The idea
is to incorporate it within the community, and not set it
apart from daily activities.
Roger Craft asked Mr . Miller if he had any objections to
putting a time schedule on the completion of the additional
landscaping that he is proposing . Mr . Miller replied that he
did not, and he plans to install most of the landscaping when
the sidewalks are put in and all unsold lots will be main-
tained. Mr . Craft asked Mr . Miller if he would object to
joining with the South Third neighborhood in providing side-
walks for the area to help alleviate some of the traffic
concerns. Mr . Miller agreed that there was a problem in the
area and suggested that the City do something . He stated he
could not answer Mr. Craft ' s question of his willingness to
contribute financially to the project until costs were avail-
able.
Roger Craft stated that Bozeman was behind on road improve-
ments and that the people need to work together . Basically,
there are two means of improving the roads - SID ' s and feder-
al funding, and if each developer would make a contribution
the work might get done sooner . John Miller said he would
contribute as long as everyone else who benefitted partici-
pated as well .
PUBLIC portion of the meeting was opened .
zoning Commission/Planning Board - April 28 , 1987 - Page 15
Ken Weaver , 100 Heritage Drive, stated it would be helpful to
extend the participation of the SID for the intersection to
include improvements to the pedestrian right-of-way along
South Third, and noted that this requirement was incorporated
into Clair Daine ' s Westfield project. He agreed with the
applicant that all who benefit should participate and stated
that with the inclusion of this development funding would be
closer . He added that if the residents have to wait for
federal funding or for the City Engineering department to do
the work it will never get done unless it is brought to their
attention .
Barbara Lyons, 205 Graf Street, expressed concern regarding
the maintenance and snow removal on the emergency access, and
questioned the feasibility of the emergency access. Steve
Lere replied that the developer will be required to provide
year around maintenance and snow removal . Marcia Elkins
replied that the access will have to be maintained all the
way to Fairway Drive and not just to the property boundary,
and these requirements will be in the Covenants .
Mike Money stated that this will be difficult for the City to
enforce but by placing the maintenance requirement in the
Covenants it limits the liability of the City and places it
on the property owners.
Jerry McNally, 102 Graf Street, questioned if it was neces-
sary to have 117 units in order for the project to be econ-
omically feasible. John Miller replied that the 117 units
are necessary to make the project feasible. He added that
the project is cost intensive, and to make it work they need
the extra units provided through the density bonus, and one
way of making the project work is by developing the congre-
gate retirement facility. He stated that he could develop
condominiums on the lot, but that would create a greater
impact and there presently is not a demand for a new condo-
minium development in the Bozeman area. Mr McNally stated he
was not opposed to the congregate retirement facility.
Mary Etta Parkinson, 105 Graf Street, expressed concern that
Graf Street may become an arterial street due to extra traf-
fic caused from this and other developments. She added that
she was impressed with the congregate retirement development,
commenting on its attractiveness, but further stressed her
concern regarding traffic on Graf Street. Marcia Elkins
explained that when the connections are made further south to
Sourdough and South Third Street it will be easier for resi-
dents south of the city to use those streets instead of using
Graf Street. Ms. Parkinson replied that in the interim,
Graf Street would be used . Steve Lere added that Graf Street
has always been intended to be a major access street. Ms.
Parkinson expressed concern that buyers would be unaware of
the potential traffic projected for Graf Street. Ms. Elkins
replied that a buyer could research what policies affect a
piece of property before they purchase it. Ms. Parkinson
Zoning Commission/Planning Board - April 28 , 1987 - Page 16
concluded by stating that the existing problems on South
Third should be addressed before approving additional devel-
opments and creating more problems.
Ivan Lawrence, 2244 Bear Canyon Road , stated he has met with
many senior citizen groups and reviewed this project with
them, and he found that there is a need for this project. in
Bozeman. He expressed support for the project stating it was
a quality project that Bozeman could be proud of, it was in a
good area, and was very necessary.
Frank Armbrecht, 9748 Cougar Drive, stated that the site plan
has been well thought out, the building is well designed and
there seems to be a need for the project. However , he
questions the traffic impact. He asked Mr . Miller what he
projected this project will add to the tax base. Mr . Miller
replied that at full development when the subdivision is
entirely built, he estimated an addition of ten million
dollars to the tax base. Mr . Armbrecht noted that this was
a substantial amount and stated that the problems on South
Third did not start with this development. He added that
with this amount of tax base income there should be a way to
alleviate the problems on South Third .
PUBLIC portion of the hearing was closed due to no further com-
ment from the public.
In response to a concern expressed by Kathy Ball , Marcia
Elkins stated that the congregate retirement facility is a
part of this application and if something were to happen that
it would not be developed , the P.U.D. would have to be
reviewed through the conditional use process.
Patricia Follett asked if there were any processes the Zoning
Commission could use to facilitate the improvement of South
Third . Ms. Elkins replied that they could recommend that the
developer participate in an S . I .D. for the amount of traffic
projected from his development. The Commission can also miti-
gate the problem by not approving any additional development
until South Third is improved which could take many years.
Mel Howe suggested that the City sidewalk policy be used to
alleviate the pedestrian traffic on South Third. Marcia
Elkins stated that the city can order that sidewalks be
installed but only property owners that adjoin the property
are required to participate. Mel Howe noted that this is an
option to alleviate this problem and suggested that Mr .
Miller may volunteer to pay his share if this policy was
ordered .
Kathy Ball stated that the people who live in this area who
are affected by the traffic and lack of pedestrian ways have
to work together to alleviate this problem, noting that there
are ways to accomplish it.
Zoning Commission/Planning Board - April 28 , 1987 - Page 17
' • 9
Jeff Rupp asked what was proposed for the two lots that are
not being reviewed for a certain use. Marcia Elkins replied
that they are designed to develop as PUDs with a maximum of
18 units.
MOTION made by Roger Craft, seconded by Kathy Ball to recommend
approval of the Conditional Use Permit with the conditions as
recommended by the Staff with the following added to the end
of Condition #1 : . . .development schedule "prior to or simul-
taneously with major development of the area . "
AMENDMENT to the motion by Henry Shovic , seconded by Roger Craft,
to add the following to conditions : 1) A section shall be
added to the Developmental Guidelines indicating that the
verb "should" as used in the context of the Developmental
Guidelines shall mean "will" wherever effective; and 2) the
developer shall participate in an appropriate percentage of
right-of-way improvements for pedestrian walkways on South
Third.
Roger Craft suggested using the same wording as is in the
Protective Covenants to coincide with this amendment.
VOTE on the AMENDMENT:
FOR: Henry Shovic , Roger Craft, Kathy Ball , Mel Howe,
Patricia Follett
AGAINST: None
VOTE on the MAIN MOTION:
FOR: Roger Craft, Henry Shovic , Kathy Ball , Mel Howe,
Patricia Follett
AGAINST: None
The motion passed , as amended , unanimously. This item will
be heard before the City Commission on May 4 , 1987 at 7 : 00
p.m.
John Miller thanked the Commission and Staff for their time
and assistance with this project.
Zoning Commission/Planning Board - April 28 , 1987 - Page 18
B02�, .
ti4 �t9 THE CITY OF BOZEIMAN
411 E. MAIN ST. P.O. BOX 640 PHONE.(406) 586-3321
n C+ BOZEMAN. MONTANA 59715-0640
c� 88
�T•A CO'MO?
MEMO
TO: Marcia Elkins , Long-Range Planning and Subdivision
Administrator
FROM: Sue Harkin, Recreation Superintendent �-
DATE: April 22 , 1987
RE: Spring Meadow Subdivision
The Recreation Advisory Board reviewed the park land
dedication proposed for Spring Meadows Subdivision. They
wanted to commend the developers for the amount of land
dedicated and for the plan.
The Board felt the buffering along the Sourdough
nature trail would create a pleasing environment . They
also felt the buffering along Graf Park or the west side
would aesthetically. add to the area. The Board believed
the benefits of the landscaping outweighed the .
additional hassles that would be created in maintenance.
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
i
BOZEMAN* `
CITY COUNTY
PLANNING BOARD
�i►ZpN 35 NORTH BOZEMAN AVENUE
CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715
PLANNING BQARD PHONE: (406)586-3321
MEMORANDUM
TO: MARCIA ELKINS, LONG RANGE PLANNING AND SUBDIVISION
ADMINISTRATOR
FROM: MIKE MONEY, COMMUNITY DEVELOPMENT/ZONING ADMINISTRATOR .
DATE: APRIL 16 , 1987
RE: SPRING MEADOWS PLANNED UNIT DEVELOPMENT
-----------------------------------------------------------------
This is just a short note with my review comments concerning
John Miller ' s retirement center proposal . In my brief overview I
noticed the following :
1) The retirement center property is 4 .12 acres in size upon
which 75 retirement units are to be constructed. The R-2 zoning
district through the P.U.D. chapter of the Zoning Code allows
five units per acre, thus allowing 20 units. With a 35 percent
density bonus 32 units would be possible.
By allowing the development credit for the dedicated parkland and
including .8 acres of Lot #2 , as well as permitting the 35 per-
cent density bonus, the project would still be limited to 49
units , which is considerably less than that proposed . The
density on this parcel should not be considered any differently
than Buz Cowdrey' s apartment complex located by the Albertson ' s
shopping mall on West Koch.
2) Approximately 40 percent of the site will be covered by
buildings and parking area. The R-2 restrictions states that not
more than 30 percent should be covered by the principle building
and accessory structures.
3) I really question the location and angle of the driving aisle
along the southern boundary.
4) The northern entrance with the merging driving aisles in the
right-of-way also appears hazardous. In the Staff meeting , Phil
expressed his concern with each.
5) Sidewalks along Graf Street should be required or waivers of
protest signed. I would suggest having them installed because
the property will be developed and not sit idle for a period of
time.
Memorandum
Marcia Elkins
April 16 , 1987
Page 2
6) The site plan does not show that the parking area will be
screened and buffered to meet the minimum requirements of the
Zoning Code.
7) No utility plans were provided for the project. Given the
controversy raised with the LeClair project and Section
18 . 54 . 250, Item 12 , I believe this should be submitted and
reviewed by the City Engineer prior to any action being taken by
either Commission.
dla
BOZ • • .
THE CITY OF BOZEMAN
41.1 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321
c -_ BOZEMAN. MONTANA 59771-0640
t�r.N co�j?
April 15, 1987
TD.: Marcia Elkins, Long Range Planning and Subdivision
Administrator
4,
FP.D is ban Figgins, Fire Marshall P.., J.
RE': Preliminary Plat and P .U.D . Applications for Spring Meadow
Subdivision
Since. this project is in a. preliminary stage and the proposed 60
unit congregate plans are not complete, I can only address this
review as a preliminary and be more specific in the future, as
more detailed plans are submitted .
Some of the issues that need to be addressed at this time are:
1 . Adequate Fire Department vehicle access q8 ' inside diameter /
96 ' outside diameter turning radius .
2 . Type of construction listed to calculate a1l_owable areas cf
fire protection requirement . ,.
3 . More detailed explanation on type of use. Determine '
occupancy classification .
q . Detailed sprinkler system designs with available water and
hydraulic calculation etc . . . . .
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
I
i
hh .
f''*BOZEAIIAN`
PL�1NNNG BQARQ`
-'+7
MEMORANDUM
TO: RICHARD. HOLMES, PUBLIC SERVICE DIRECTOR
PHIL FORBES, CITY ENGINEER
CLINTON GEE, SUPERINTENDENT OF STREET AND GARBAGE
FRED SHIELDS, SUPERINTENDENT. OF SEWER AND WATER
DAN FIGGINS, FIRE MARSHALL
GEORGE TATE, ' CHIEF OF 'POLICE
JERRY WELLS, FISH, WILDLIFE AND PARKS
RON NADWORNICK, SOIL CONSERVATION SERVICE
JOHN MCNEIL, SUPERINTENDENT OF PARKS AND CEMETERY
SUE HARKIN, RECREATION DIRECTOR
FROM: MARCIA ELKINS LONG RANGE PLANNING AND SUBDIVISION
ADMINISTRATOR
DATE: APRIL 8, 1987
RE: PRELIMINARY PLAT AND P.U.D. APPLICATIONS FOR SPRING MEADOW -
SUBDIVISION
-----------------------------------------------------------------
Attached please find copies of the . submittal information
which has been provided as . part of the preliminary plat and
P.U.D. applications for Spring Meadow Subdivision. The -devel-
opers,. Spring Meadow Partnership, are requesting to develop 18.6
acres of land south and east of Graf Park. The proposed subdivi-
sion would create 27 lots. The Planned Unit Development would
create Design 'Guidelines for future development. In addition, a
congregate living development is :proposed for location on the
property. The application has requested a density bonus to allow
6.72 dwelling units per aq.re. in the "R-2" (Residential - Medium
Density) zoning district. A total of 125 dwelling units are
I proposed for the site.
Please .review the enclosed materials. A preliminary staff
meeting to discuss the proposed development is scheduled for
Tuesday, April 14 , 1987 at 8 :30 a.m., in t.he .Carnegie Building .
The submittal _ materials and your written comments. should be
returned to the Planning Staff by Friday, April 17, 1987 .
Your assistance in reviewing this proposed development is
appreciated .
dla
Enc.
APR � )�
602EMAN
• CITY;COUINTY
PLANNING BOARD
MEMORANDUM
TO: �RICHARD HOLMES, PUBLIC SERVI_CE_-DIRECT--OR-�
PHIL FORBES, CITY ENGINEER
CLINTON GEE, SUPERINTENDENT OF STREET AND GARBAGE
FRED SHIELDS, SUPERINTENDENT OF SEWER AND WATER
DAN FIGGINS, FIRE MARSHALL
GEORGE TATE, CHIEF OF POLICE
JERRY WELLS, FISH, WILDLIFE AND PARKS
RON NADWORNICK, SOIL CONSERVATION SERVICE
JOHN MCNEIL, SUPERINTENDENT OF PARKS AND CEMETERY
SUE HARKIN, RECREATION DIRECTOR
101-1
Fes': MARCIA ELKINS, LONG RANGE PLANNING AND SUBDIVISION
-� ADMINISTRATOR
DATE: APRIL 8 , 1987
RE: PRELIMINARY PLAT AND P.U.D. APPLICATIONS FOR SPRING MEADOW
SUBDIVISION
-----------------------------------------------------------------
Attached please find copies of the submittal information
which has been provided as part of the preliminary plat and
P.U.D. applications for Spring Meadow Subdivision . The devel-
opers, Spring Meadow Partnership, are requesting to develop 18 .6
acres of land south and east of Graf Park. The proposed subdivi-
sion would create 27 lots. The Planned Unit Development would
create Design Guidelines for future development. In addition, a
congregate living development is proposed for location on the
property. The application has requested a density bonus to allow
6 .T2 dwelling units per acre in the "R-2" (Residential - Medium
Density) zoning district. A total of 125 dwelling units are
proposed for the site.
Please review the enclosed materials . A preliminary staff
meeting to discuss the proposed development is scheduled for
Tuesday, April 14 , 1987 at 8 : 30 a.m. in the Carnegie Building .
The submittal materials and your written comments should be
returned to the Planning Staff by Friday, April 17 , 1987 .
Your assistance in reviewing this proposed development is
appreciated .
dla
Enc .
BOZEMAN �_
rMNG'131�1_
MEMORANDUM
TO: RICHARD HOLMES , PUBLIC SERVICE DIRECTOR
PHIL FORBES , CITY ENGINEER
CLINTON GEE, SUPERINTENDENT OF STREET AND GARBAGE
FRED SHIELDS, SUPERINTENDENT OF SEWER AND WATER
DAN__FIGGI_NS, FIRE MARSHALL
IG EORGE TATE, CHIEF F POLICE
JERRY-WELLS ,—FI-SH—, WIL-DLIF-E—AND PARKS
RON NADWORNICK, SOIL CONSERVATION SERVICE
JOHN MCNEIL, SUPERINTENDENT OF PARKS AND CEMETERY
SUE HARKIN, RECREATION DIRECTOR
FROM: MARCIA ELKINS LONG RANGE PLANNING AND SUBDIVISION
ADMINISTRATOR
DATE: APRIL 8 , 1987
RE: PRELIMINARY PLAT AND P.U.D. APPLICATIONS FOR SPRING MEADOW
SUBDIVISION
-----------------------------------------------------------------
Attached please find copies of the submittal information
which has been provided as part of the preliminary plat and
P.U.D. applications for Spring Meadow Subdivision . The devel-
opers, Spring Meadow Partnership, are requesting to develop 18 .6
acres of land south and east of Graf Park. . The proposed subdivi-
sion would create 27 lots. The Planned Unit Development would
create Design Guidelines for future development. In addition, a
congregate living development is proposed for location on the
property. The application has requested a density bonus to allow
6. 72 dwelling units per acre in the "R-2" (Residential - Medium
Density) zoning district. A total of 125 dwelling units are
proposed for the site.
Please review the enclosed materials. A preliminary staff
meeting to discuss the proposed development is scheduled for
Tuesday, April 14 , 1987 at 8 : 30 a.m. in the Carnegie Building .
The. submittal materials and your written comments should be
returned to the Planning Staff by Friday, April 17 , 1987 .
Your assistance in reviewing this proposed . development is
appreciated .
dla /
Enc.
SPRING MEADOWS SUBDIVISION
Use Allocation and Density Distribution Table
Gross Area - 18, 6 acres
Net Area (Total) - 14. 4 acres -
Dedicated Street Area - 1. 65 acres
Dedicated Park Land - 2. 57 acres
Private Streets
Spring Meadows Drive - 0. 86 acres
Billion Place - 0. 31 acres
Single Family Housing - 6. 21 acres
Multifamily Housing - 2. 25 acres
Congregate Housing - 4. 12 acres
Proposed Number of Living Units - 125
Living Units Per Acre - 6.72
Mailing List - Z-87-8'
Spring Meadows Partnership - 618 West Griffin Drive
John Miller Construction - 412 Bryant Street
Donald K. Weaver, Jr. et al. - 2404 Spring Creek Drive
Valley View Golf Club - Box 207
Gene Graf III - 220 West Lamme Street
Genevieve Graf - Box 906
Henry E. Gardiner - Box 1951
Endowment & Research Foundation-
Roy E. Hoffman Building - M.S.U.
Phillip E. & -Donna M. O'Neil .- 3080 Wagon Wheel Road
Gerald D. & Marilyn M. Robertson - 3120 Wagon' Wheel Road
Harold C. & Angionette Warfield - 30.14 Colter Avenue
William & Lynell Martel - .2516 Spring Creek Drive
Jerry D. & Joe Louise McNally - 102 West Graf Street
Mary Etta W. Parkinson - 105 Graf Street
I
i
NOTICE OF PUBLIC HEARINGS FOR A
CONDITIONAL USE PER11IT
Notice is hereby given of public hearings to be held
before the Zoning Commission in the Community Room, Bozeman
Public Library, 220 East Lamme Street, Bozeman, Montana at
7 : 00 p.m. , Tuesday, April 28, 1987 and before the Bozeman
City Commission, Gallatin County, Montana, Monday, May 4, 1987
at 7: 00 p.m. in the Commission Room of the Municipal Building
to consider the following applications requested by Spring
Meadows , Partnership, 618 West Griffin Drive, Bozeman, MT 59715,
pursuant to the requirements of the Bozeman Area Zoning Code.
Said Conditional Use Permit would allow the development
of Spring Meadows Subdivision, a residential P.U.D. including
single family, multi-family, congregate and retirement care
dwelling units.. The property is currently zoned R-2, (Residen-
tial, Single Family Medium Density) .
Maps and related data of the area under consideration
may be reviewed in the offices of the City Zoning Administrator,
35 North Bozeman Avenue.
GLEN EDSALL
=;!s: Building Official
W FAS7 i,F'AF 4' •i
RS-1
aL_. PAP.
— ''�' -tic" � �( r1:,. ,•4;.,��� !'=:.
FILE NO.
APPLICATION FOR CONDITIONAL USE PERMIT
Building Department
CITY OF BOZEMAN, MONTANA
Telephone No. 586-2360 Date April 6 19 87
To The Building Official:
The undersigned hereby makes application for a Conditional Use Permit pursuant to the require=
ments of the Bozeman Area Zoning Code.
Name of Applicant Spring Meadows Partnership Phone No. 586-7904
Address,of Applicant 618 West Griffin,Drive; Bozeman, Montana 59715
.................................... ........................................................................................................
Subject Property
Legal Description C/S 819A and a portion of Graf I.-, 4t-h Annexati nn Gi tnatPcl
in Section 19, T.2S. , R.6E. , P.M.M.
(Use Additional Pages If Necessary)
Address (if available) _None r
Current Zoning R2 Land Area Sq. Ft., or 18.6 Acres
Are any variances being requested? If yes please explain Request variance on length of
private cul-de-sac to exceed 500 foot length to 1100 feet.
Conditional use to consist of the following: Review of Planned Unit Development
through Land Use Developmental Guideline Process, including congregate
and retirement care living units.
J
In addition to the above submit a Plot Plan (Drawn to Scale) on paper not larger than 24"x 24"
including the following information: All existing and proposed structures, proposed locations of in-
gress and egress,, off-street parking arrangement, proposed landscaping and location of all signs.
(The lack of any of the above information will only delay this application)
FOR OFFICE USE ONLY I hereby certify that the above
0 o information is true and correct
Filing Fee -720 and that I am the Owner ,
Z S._ Owner's Agent_X, Leasee
Zoning Comm. Hearing of the above described property.
Action Taken 7Y°VZ
City Comm. Hearing `�' Y-7 �Jojk
Action Taken p Q�-o v e,cQ
Ap cant's Signature
April 6 , 1983
Mr. Arthur Van' t Hul
City Engineer
P.O. Box 640
Bozeman, MT 59715
Dear Art,
Received your letter of March 30 and will try to answer some
of your questions. First on the sewer. I talked to Mr. Gene
Graf several months ag-o about this. Any time he or the City of
Bozeman wishes to extend the sewer line south I would give him or
the City an easement , provided that none of the cost of
constructing the extensions would be charged to me or assessed to
any of my property and that we would have the right to use the
sewer in the future. We do not plan to extend our sewer line any
further until 1990 or later in accordance with our agreement with '
the Westridge property owners and our master plan approved by the
City in 1982. When we do extend the sewer we will construct it
ourselves as we have done so far starting at Kagy. I plan to
avoid creating any S.I.D.'s in Westridge Meadows.
The road extension is a different matter. As you know we
have kept Fairway Drive as a private road serving the Westridge
Meadows P.U.D. It is very important to maintain the quality of
this development by restricting traffic through the area. If
Fairway Drive became a public road serving the extensive area to
the south, it would become a defacto arterial as Black St. is
north of Kagy. This would seriously degrade the residential
quality of the development and homeowners in Westridge would look
down on a steady stream of traffic. Fairway Drive is owned by
the Westridge Meadows Owners Association which is responsible for
control and maintenance of the road. The creating declaration of
the W.M.O.A. has been recorded and specifically forbids declaring
Fairway Drive as a public road.
td,
In all of the planning to date Graf Street has been '
designated to serve Mr. Graf' s land south of Westridge Meadows.
There has never been any plan based on a public road through
Westridge Meadows. Mr. Graf's land to the south is in the City
and is zoned R-2. For the City to have approved this annexation
and zoning, the City essentially approved Graf Street as the
public access.
1
The strip of land between Graf Park and the Valley View was
originally planned for more of Graf Park but still remains in Mr.
Graf's ownership. I have heard that Mr. Graf currently has that
up for sale as an undeveloped parcel. To develop that parcel
would require a dead - ended road about 1000 feet in length
running north from Graf Street. Regulations restrict cal-de-sac
roads to 500 feet in length unless a secondary emergency access
is available. Under these conditions Fairway Drive could be used
as an emergency access for that development provided some
physical barrier were used to stop through traffic. However,
Fairway Drive will not be extended any further south until 1990
or later. Presently it terminates at the .emergency access to
Spring Creek. I plan to use the land south of the present end of
Fairway Drive as horse pasture until we begin development of that
area in 1990 or later.
Hope this answers your questions. I will send copies of this
letter to 'Mr. Mike Nash and Mr.- Gene Graf as well as John Moss
and Dick Holmes.
Sincerely yours,
1
Donald K. Weaver, Jiz'.
DKW:cc
C .C. Mike Nash
Gene Graf✓
John Moss
Dick Holmes
2
BOZEMAjj
y x CITY COUNTY
PLANNING BOAR
f 35 NORTH BOZEMAN AVENUE
P.O. BOX 640, BOZEMAN, MONTANA 59715
PHONE:.(406) 586-3321
June 25, 1986
Mr. John Miller
John Miller Construction
412 Bryant Street
Bozeman, MT 59715
Dear John:
This letter is to inform you that the City of Bozeman will
require a secondary emergency only access going north from the
proposed development to connect to Fairway Drive in Westridge
Meadows. This road will be required to be built to standards
acceptable to the Public Works Director and will be the
responsibility of the developer,.
Sincerely,
Steve Lere
Planning Director
dla
I
Axibauff of rublirattatt ,
STATE OF MONTANA,
County of Gallatin, ss.
Vivie Portnell ......._ ................. being duly sworn,
deposes and says: That .s.he is.........Pxincipal---Upark-----------------
,_�:._
of.the Bozeman ......j)aily.........Chronicle,a newspaper of general circulation,
printed and published in Bozeman, Gallatin County, Montana; and that the
notice hereunto annexed (...._._Conditional _Use-Permit requested _jjy__
...........S .ni Meadows..-Partnexshi
has been correctly published in the regular and entire issue of every number of said paper........-........-.......
for. .-1........eotlsceM e--..._insertion.__—_._--___., the first of which publication'was made'on the.......1Zth..:...........
day of...........April....... ........................ 19, and the last on the...........17th f/ ril.- _..----.. 19_87
------ --------------------------------
Subscribed and sworn to before me this ....Zlst......day of................_. ....................—..... 19.87
Notary Public for the State of Montana, residing at
Bozeman, Montana
NOTARY PUBLIC for tGm state of Montm F
Residing at Bozeman,Montana
My Commissian expires July 6, 190
.3 • • ,
t ,
.. .. 'r: .. � Y{ .. .. ..,.
.. - .. � _ �t�. ����
"'�.
NOTICE TOF PUBLIC HEARINGS FOR, A
_ C ITIONAL USE PERMIT
Notice is tlere y given of public hearings to be held before N
the Zoning Commission in the Community Room, Bozeman
Public Library, 220 East Lamme Street, Bozeman, Montana
at 7:00 p.m., Tuesday, April 28, 1987 and before the
Bozeman City Commission, Gallatin County, Montana,
Monday, May 4, 1987 at 7:00 p.m. in the Commission RS 1
Room of the Municipal Building to consider the following �W'
applications requested by Spring Meadows Partners ' Fop, z��=
618 West Griffin Drive, Bozeman, MT 59715, purs to
the requirements of the Bozeman Area Zonin ode.
Said Conditional Use Permit would allow th evelopment to R ;
of Spring Meadows Subdivision, a r dential P.U.D.
-famil congregate and including single famil multi RAF sr.T
retirement care. dwelling units. h operti currently a >'r••::t�ric�:.3 :;c•
;_•,:;._�;;fit:,.=s.yi .kM1 fir,`Y yl�h ,^
zoned R-2, (Residential, Single mily Medium Density).
Maps and related data of a area under consideration
may be reviewed, in th offices of the City Zoning
Administrator, 35 Nort ozeman Avenue.
GLEN EDSAL
BUILDING 0 FICIAL
Overland's Fresh Seafood Sale
This Fri.,& Sat. at Jimilob's Product. 2622 W. Main
ullivan, Bozeman Senior High School
d chairmen; and Keith Chamber, EASTER SPECIALS
b Adams, teacher.
past and current chapter leaders of FREE Shrimp Cocktail, First-of-the-season Special
orensic League,were honored by the
rary school board meeting for their large Prawns """""�" ........................24 for $999
of Adams and Sullivan the Bozeman ""�'
ded the Leading Chapter Award in the lobster Tail (5 oz. tall) ........:....................4 for $1399
on student participation and is the Red Snapper Tails ......................................31bs. $899
a chapter.The long hours of teaching
sing have been rewarded.by this Fresh Salmon Steaks
League_ Also... Fresh Selo.Fresh Oysters, Fresh Cal.Staleor Clams,Fresh Soled Shrl■p,Seallep:.
much
.:f Ab
✓C,t VJZn
✓`210-0 Yoe Jata-
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RECEII$ Date - -7 1 7 9039
Received From
Address
S .2 .,tC VI < < o ?�. S Dollars $, CIS �=
For � b• S � 9Q �� i `f =
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ACCOUNT NOW PAID ��� e1
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SALkNCE MONEY g
DUE ORDER
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