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HomeMy WebLinkAbout638300219706337343) Gp 3 ®� ] !« \, � E � 7 � I I � ƒ i } I , � : � } � � } . � } ,2 � & t � f * ( . { 4 ; / ; , { � Za91swq MeadowsAbdiQsn PD , Graf S . swm MeadowsPartners . «l& 127 < L TO DATE TIME 0 i_ MU FROM ARE;t;ODS NitMBER uj OF EXTENSION W -�7 I ����p�.. GYt� � 5 ll.�w• _ ��--�L�-���-�•'")--�1.�.-mac« ��� SIGNED gETLNNI D C^.RA LL CALL—11 PHONED WANTS YO WAS CALL ' . WI 4 iC�'�i, � j�"� SEE YOU EllIN moo;, I Z s� titiV MI �" S 7N PRINc%,1..X - MIIEADOWS -. . a planned unit development CONCEPTUAL NARRATIVE AND ' DESIGN GUIDELINES FINAL nAN RH,`6'O D CONDMONALLY BOMIAN CITY-COL 19 TY PLANNING DFPARTI�EN'r PLANNING D ��' �✓z " ��� yr ��� No-,�0U 1 r i �� � - � � ��� �� .\� � 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 1 ' 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 1 i i 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 2 r 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. ' 3 ' 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. 1 4 1 1 1 1 INTRODUCTION 1 1 i .1 � i ' 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 5 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 1 6 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. i 1 7 1 � SAMPLE iZ�vl��,t! �SfAMI' fOR � ARGN ItEGTURAL 'R�V1�11J COMM ITfE� 1 1 �� � 1 Gal 'r�CRIPT101�: �J 1 1 � DA"f� < � ApPt�OVEfl _ 1� � AfMOMED Alb.-NOTIFID M � KIN I AND Ktl%6MIT s Cl ACCAITSMIZAL IZVrcW � Coh�MIT�E I 1 1 1 rys.sa . 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. h 8 II 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 9 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. 1 1 -- 1 - 1 1 ! 1 1 1 4 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. " 11 1 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. ' 12 1 Fit) 1t-} s moor- LDS Go rN J6;ST'101-1. �O 1 1 FIG .5,0$ 1 - 1 l II IIIL 1 to-r _ LOT I .............. l.o T --- IL � a � i SlitLIP 1 1 1 i 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. 13 l ' AcC�sSWWI ...�1 21 UL t to,i��ia� I � � d QI 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 ' 14 • -�- I .- ; 1 1 �� -. �.fi-- 1 .: : : � . . . . . . �� ��� .. �, . . � . �. ; . 1 ��, . . . : � � -: � : � �� � -- ' � i ! + � . . - _� ,�� '�' 1 - � - � { ._ __ ._ ____ 1 � � v 1 1 �t�. �. �3 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. 15 t II ' �'fREES i 1 1 r 1 t- -� I ' I ' ( I� � � � - � � . �� -�-� . . = .-=a- � . .. � ..� .; _ � � � � � �� � . � I�! � o . . . � .. � � — -___----_=-__-_— I! � _. ' � R 1 >� ,� .3.13� ��C� 1 ' 1 1 - . I ARCHITECTURAL ELEMENTS �I t ' 1 1 i 1 ' 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. ' 16 1 1 1 1 1 1 1 �I 1 1 i 1 �b __...__. ___.. ..__.._.__ ........ ........ ... .-._.— ._ __. ._... .. .._—_.__._.._....—..__. -._. _—__.. ._. ._ ....... .... — Single Family Estate Style B Figure 4.9 �I i T RK! - , - _ 2 Figure 4.10 18 • �- •. ------------- ------ - _,` �i t 1 R�rtiRRR[i11R � 1 i III - ---------L- 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 ; ' 17 we; �www ■off Y ■YY wlwl�ii� �y.*v�wfi MM � • i7int'� Eli{I'i�'_ I i� � �MIM way ww� fllf�ll■illrfli■li�ilw�w $a>� ,�...rry��t■�w�wZ'�wa,��N� Ni N l0� - Ionoil i�r�lrw n 621. 1f li In .ip■Iwrrfrl■eil0�■u. 1.:—.� �n'nw..yn,'rri:4ti.T,�:7%::..�7.:•:i'ti�!..a.c.:r�:a:.;r.:.".r�W2�' - ��.:;f �V�. 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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 I 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. ' 18 V 1 ' 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 i 19 1 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 ' 20 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 21 1 1 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 1 A 22 r r `- 4a a r1Y S t S,•q�4 t r e; i r . 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. r ' 1 1 23 I � 1 L 1 - I f E LANDSCAPING I�� Ili ' I i �I 1 P ' 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 I ' 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. i 24 1 `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 I 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 I 25 i _ J 1 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. s 26 1 i 1 1 1 1 1 1 1 � ooE. so.CE,rwa.Ls 1 1 1 1 I 1 1 ' 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 . 1 . 27 p 1 - 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"' 1 l II 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 r 2 J II' 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 : � 3 1 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 4 1 l 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; 5 l I (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 6 I 1 i 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 7 1 _ 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 i 9 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 ' 1 1 I i 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 t2 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 3 cha e lawfully imposed upon him or any pro/enned b him, if Y 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 t 3 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 . 1 4 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 . ' 5 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. I I 6 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. ' 6 1 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 . i 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. 1 7 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. i 1 8 1 ' 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. 1 A � I 1 it � �� 1 1 1 1 �� � 1 1 1 1 1 1 1 � � 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 1 i . 1 10 r r 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 1 r 1 r 1 r � r 1 C-0-C vi e (-C � ld� 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 ------------------•----------------------------------------------- r i 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 . SON wl Sra rt 1'A R• I C T , EAST GIIAf i I 1 �� T PAP, 0 STfi T TK .T rT -GAnr_'��TIIREE_T__ i i I I n DR. .T N uv DR. ` 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 4 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 i PRELIMINARY PLAT 0. - -- , Proposed Nr•B Weln L,rr re C.—! , ... .. 1 : re E.r•/ine,6`WO rrr trey rr Irrr..r.Or EADOWS -SUB D I VI S � Pi0Pnv0 hu R'.Srndar.L.rr rr Wdo us-4''W,I, tm Voy , e.,•: S P R I I� G �, M 1 . '... - .. .. -:Cdnnrrr re lnrr.n0 d fr•,Ieq Sur! .'Ira u•�•Y[ay.rrrl I .. 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—__ M I• 'I. U� I 109 rear,Flood eovedov—J �' \ \ I ` LOT 6 I g • 1 .` S. h • LOT 13 ._ t0 500 :- .. / / 1. III\1• _. - 1 � I Ii \ - E - 3/4"C+v,MFeK _ / / b• o ' 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. J \ -4915 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 J sPPc.eD ALONb Y•lE6T - A• J _ .k^ PRnPERT't Uue�tbro 1-Ic) / -. �. ID' LOT 15 - MINIMUM LOT SIZE = 8,900 SO.FT. 1.. .�0 ;10,680S.F. .a - ZONED- R-2 LOT/ / I 1 @_ _ - - DESIGNATED OPEN SPACE _ tl 900 S.F. $ 1 +\ - COMMON OPEN SPACE OR DEDICATED PARK:2.54 ACRES 0 a 0� GK 0 I I /�_✓ / • q LOT I6 ZONED RS- '1do LOT S $` 'g 8,900 S.F.. :/ •• g E o 8.900 S.F . - Limos O/DetailF�'Fioad/rloie S/vdt -4920. : )s 1 J51� 9Da F. s CGNGEPrrUAL Loll GIOCk 4 - l+f GFa/•5 3rd Odd. N I LO/5 B/oee6 �•� 4 ����� Gro/'s did,Add _e IfA ! O P ME NT' \, # s o,vo S.F. c , �•ANDSCAP> L s �0 1 w V J ' ---- `COI°20'3I"£-- A .lsllny Core B Goller 45.I5' :. _. 4•• ti _Grd/ PioPerrd No. Cvre B Gul/rr 1 - A. • I i . reet If fed Or AfPeo// I �� �9uE W I, 1 i•,_ I r.n I _ ._..__. _ _...._.:_-__. '_ •:-rift 07 --_ -- 1 1 10,680 S - .. LOT 18 m I T ,'�'-•- o LOT 3 L°r rock S I - a v ''� 9,545 5 F $•-I 11 .ri .- ,1 I p Imo. 8 O _Ln d b. / .1 ',1 iI. _ ..__. _-._. 3_ - ,,,. : Q Q , 1 �. -� T LOCATION - • 10+1 .Slope _ �' �1 IrI 1 I_ R _ 1 ! LOT 19 t 1 9,500 S.F Q� , a LOT 2 ( I p • - SETTLEMENT POND CROSS SECTION \ \: , aO0 1'— Flood Borndorr 10,140 S F. �--- ZONED R-Z \ \ 1 t9 ! LOT 20 \\ TOP IZ i � A ia,eo 1 Slope=10=I OL °� -'---' 1` 37'Lot 5 - - - 1 I Black 6 �s p0 C Ir o of vr�ud Srorm • F• 'o Gra/'s JFd Add. \ li /B F S .5 d S7. ! rlrnl,on Pone - - LOT I i l \ L�T 21 I S� ..,.� FINAL ' y - 10,3203:F.� A -13,6405.F, I \ ti \ \ S00°29'56 W 50 30. y, . S89°10'37"IE 14.89'/ nPLAN NO1°20'31'E PUBLIC PARK�G07ac3. \ S89°09'/ �430 es / _ - \ ` BOZMUN I „ 9$8II?�7FiD CONDSfiIO1VALLY APPttO 45.1 1 I •-So.31� a- • 34 4 q' ' \��.. q LOT 22 _ DEPARTMENT n PUBLIC PARK -Gra/ S/r!e/ / l...L7.`.J6'•RCP ••s _"1�L'' /� "- •ISA' !I '.--••� __. - 0.17 Act 0• "�, \� A 13,640 S.F. -N00°37'09"E / e,l•Ine 24' wo_r. Yay� t rnnv Fr. Nts/ - moo- GRAF !� E,rnn F/r r d/el -r--ems TILL___ L__-- /�' ''! A / q PLANNING D - 10 N 89°I I'51"W / 381.9 ' es �• LOT 24 A \ 14T HATS 6~ 1 19,140 S.F. _-7d v Amended Plo/1 q,,.L N, •A 1 �1 IR-Z / / . ` LOT 1 �eJ r �o'wr.', r. e. A LOT 23 ZONED I N70°28'01"E j I roll C� yy ' 22,940 S.F. -/ 0.60 ACs •[e •n/ - J 140.27 W e ,OOen SDet1 \ Fn -�•18 Ili '•SPE.N -�• I °'� Boundary I Tyo.l .R S89°09\52°E ! l/ r 382�00� ` . 316' , I 3�. I PUBLIC PARK � Y i \ ^ 1 1 / (/�. 2;33 Act. ZOVEO RS- f .LOT 2 O'Neil / `3 Gltr wow..°5 W,d.cwa.1. .. .. ! �QP �_ \ QQO W Sde ok Iryo,eall 0�0 S. IC _ 6F/000 ` \ 1 - 9W. , - RK -�— / mum _ wew..d C.ra a LOT 1 - j O /I •/. p4e4, \��. \t ' 'G•nvlTyplt°t1 0 / O 45 acres PROPOSED BUILDING +\\1\ / .e - o,000..d End at I / -hnm.nl I1 \ Gro/s FOorlh 50'Radius-Temporary Turnor°une Easement r 43'Radius•Grurrl Turnaround Surface R-2 CO.S No. 526 /00 Y er Fhed - s.l � �J - 0 . ----- PROPOSED .PARKING I I ../� \._ •.. - �`� f N89°10'13' b11... 1 ,75.00 o - � 'IrI11f i OPEN /, s cE �..—_.__._.-_____. 1 _S00°28'01"W ° -- -- - -- / 45 001 N 89 10 13'W I ZONED R-2 M,NuMaJM LaT''pi✓?151T'� f � . ZbI11GLI<FAHiL`( - ONE UNIT pe'C LOT = 2d UN1TS w LDS 1-24•(6�ock 1 ) MLy"T1- RM1L'( - cl5 -r TfAL 1JN1TS c a3 1)LUT'5 j �1 1. 1 Lo7S I$2 CSLOGK2) I �� LOT C 13c OcX 3� .I �y1 q!p 1 I ►►elll `1roTA L I 119 i i 1 OT Ct fO Ui✓ ...... __ FROM VAtG of I I. — 1 � , r .. 1 ' A w AIda, A i A w 0 �i'iv►�ah.� 0.cc1L.�-o 9ra-� S+r e2 Sov-+k i h.ird Z'f 10 d ?d-k, L¢ ti<oc rn (a &Ogt d- 3 3,upd,,- rcf-Lrenz !oo At',., I-SIS �t&f�r;al S-bs St r U i Co- A ot�l �Sl napes -�urr.� (,cy ay x io = .240 awte. ayo. tD, 37 z 5 3�. 8� (�.(o - .210.a.l 45a.ZI a� s►�-�.e--�- i o. = 240.0 ga (,.lo I Cd nC�O Min i pry t0 LlmA� / TT 60�.3 Yt � - aQ eeo n 9 ttti. i ' �1 �, 1 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 2 J r- I, Y � $� 1 I I ♦� I ,� ..:� �, � ,�� + eJ ` , �_ �__J � '�. I U % �✓/ �y 4 �� � �} _ r� �� :J� ,. ti � ,��" � � � .. 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 "y A �....,< F t l 1 �b'100D:CONSTRIJi<y -�' .080 AWNIINI:MT a.. DOUBLE SIDED T-8" me llwo 41-801 SV= adows '�* Assisted Living Community tO 1-3/1414 31 15 i IZ 45"CHAMFER c GRADE BKGND. PF-87201.1ti+ (PONGEE Ti N�; 1,�„ LOG' & B RDER PMS-5 5i LETTERS 3_ACK � � f ��- - - -- - - - - - - - - - - - - - -- - - -- - -- - - - - - - -- - - -- -. I 8„ .—}— �— -- - -- - - - - - - -- - - -- - - - - - - - - -- - - - - - - - - - - - - � Tm.n.+ a tv crawry Y Few J ATadJ.y! •e.k rp•!l.prn i ` usf.na.tlCUI:M..v p.nesn N P"!As.=.".ne ♦ ..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 dla 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 dla p n 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 dla i 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 dla 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 1 u n I —2 Cl-crz e tv l c�y� — L/d j Oo v C-11A, 'U- b-z 00 m I a o - QA/Jlraw fv, 7s-3-d 67s- `� Q l �C J �3 Z +,LS - I r I CG 2 lrl c�ov •�-� 4 �5 3s g q l ►12 ,� �5 a J- ► 5 - I ad.da�-co,,G.Q c�-�-�� aid �,,�,►�� -7(o U.t%tx eta* -!1�„ `ts - �e . cL4,c,� -rr)aj4 mwm .�4,�h �rrw�t. AL!' uahc_ed hc� c .C . hwt runt w j*ii-L ... /oo 'Ly Qiu�e.�rya Q u•lJ s;d e yakd .sue - / ' . ,i d ukA 101-1�. l0C) yr -ka� p,¢at,,� Od-PlAk, 310 PYArk�ut -0-(- Cum-to hi�q{ -t 5�n Cr�A / G�?UY� ��2e-'f• � �u.K.l�� S�L.GPsO• lil � lo(�-o p � .shy . i i 2.5 u i ra� 4- rrY�.n ct�2h i� Uric ha r ce 6c,...17-.. ���•Z � � lva.oLc� •spa.c..� 48'� ihSidlL, no-A-+kQ -r) az&tdjo +o R" akeo,-- `I-t VVn nc� PUO" 9 to " ou-4-5 i d-A-. WOL" ILL(- wW - (. t of CbnSiTtkd n' �or o tW p utnC� CUaO. fi�� 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 2 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. 3 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. 4 I 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. 5 I I 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. i 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. 6 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. 8 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 9 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 9 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 :23 AM i 23 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 24 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 2 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 i 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 9 { I 1 PEO L - i�-c r� Arco 1114 ArJ =477c, 1 "6o cp-�) Or�Be�(X��T' Fd-�0 - vJ ioc-�.►r� `ta � 44 - - 1 - 44 J i '�� ay2�r Q�a►� �I 1 u II; �I w Nw 'w P A i App,eaA440 Z -00?11 R-a " zon►n9 --G�csc ct - - - - - - -- �.��d P,u• p � In c.�t.��v,Q,�teo�>�_, � G'�� . - - t h 49ratlep Q UCt e 0 h� �. �ti�c �hn�- , ✓rY�Gc..Q�i� ��� � Co n ��� �� tkt ja d off- pftA k lamd O-CAAO OAr� the .,bo.r,c,n� a,6u-" -OV RAk, OA-&� i t ZOAI►T C[taJ t&- _ 'R a d u l ems. . 6. 7,5 a l� . - - &F IR Zq dam. . - �"'���;,`���� ►f 1 �f r � t� I _ t4. I �I f r� 4t it a} ' II1 t� t t 1 v- L Zv n rl� Co M hUao(�O e a GZ yfl��� wl y'h !O -5- -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 . o- —_ STR!' f'A RK S I _ 1 t T I EAST GRAf 1 J j PAR. I - J iL = 0 STR T W GRAc_^��TIIREET_ f m A DR. N IIVERW DR , R72 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 . I - wl STR • ,V�� a 1.4R• ' M 11I . -J T EAST GRGf I 1 •^•: I • ' - I T T�. u � TI pAR1 7 IF rr, = _ T TI rr �. GRec_-7REET api. I 1 DR. _TTJ N Ili DR. J R-2 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. $899 a chapter.The long hours of teaching sing have been rewarded.by this Fresh Salmon Steaks League_ Also... Fresh Selo.Fresh Oysters, Fresh Cal.Staleor Clams,Fresh Soled Shrl■p,Seallep:. much .:f Ab ✓C,t VJZn ✓`210-0 Yoe Jata- <: "t (fietls _ . --I major 1'� wrn►�i. ►"ylc- Yee; I i t 1_ i� � �',� �;� E i i --- _ _ � _ . -.. � _ . i� 4 If f I i �'� f I i RECEII$ Date - -7 1 7 9039 Received From Address S .2 .,tC VI < < o ?�. S Dollars $, CIS �= For � b• S � 9Q �� i `f = 2 -- -7- Si ACCOUNT NOW PAID ��� e1 AMT.OF CASH ACCOUNT W 7 Z a AMT.PAID CHECK SALkNCE MONEY g DUE ORDER 8K802 RMFORM