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HomeMy WebLinkAbout638300219756544049) L-9189 Susan"fi Beatric Taylgt -. C(iP Wa�lcer Property Springhill Rd�;7/ .hwa'. x Susan Sse sBatiice 7tay. July 1, .I991 �� >r a { X E t I i PROJECT ACTIVITY LOGS BO Z EMAN CITY-COUNTY PLANNING OFF'I CE i �- 'roject Name �° File No. _._._._.__ __...._...._9_ STAFF S"AFF DATE ACTIVITY PERSON HOURS f I-,."iEl • III ii_ � t'�2 u`ic. ZNe , ��I a _ TJa�.r�. �• —7 - __-- - -- -I r. I t i I � I I I I ? I I i — i f FILE REVIEW SHEET r, J CONDITIONAL USE PERMITS Application Date: � '� Staff Member: File Number : c Q Reference Files : File Name: �, ,;i, e - V)0J_ DATE DONE BY Staff/Agency Comment Requested : Staff/Agency Comment Deadline: Public Hearing Notice To Chronicle: Publication of Notice In Chronicle: Public Hearing Notice Sent to Adjacent Property Owners : Public Hearing Notice Posted : Staff Report Due: Staff Report ( packet ) Sent Out: _ Zoning Commission Meeting : Action : City Commission Meeting : Action : Letter to Application Regarding Decision : 6 Month Review Due: 18 Month Review Due: Letter of Credit Received : Letter of Credit Released : Final CUP Issued : I I June 1, 1994 Dear City-County Planning Board Members; This Conditional Use Permit application is to modify the Walker Property Subdivision P.U.D. to include 3 lots in Tract 4A of C.O.S. 1498C (plan attached). When Walker Property Subdivision was planned, it was my intention to live permanently on the property in question, so the tract was not included in the subdivision. My plans have changed, and now it seems best.to incorporate the property into the subdivision and divide it into more useful lots. The proposed division would not significantly impact traffic patterns or the provision of city or county services. It would, however, eliminate the existing dual zoning and would increase aesthetic and environmental safeguards through the strict protective covenants and design guidelines of Walker Property Subdivision. The Walker Property covenants would protect neighboring properties' views and property values to a greater degree than the existing zoning-and-covenant combination, and the application of Walker Property's protective covenants to Tract 4A would ensure a more unified appearance for the area if any further building, rebuilding, or development takes place. My partner (mother) and the other director of the Walker Property Owners' Association (WPOA) are in agreement that it makes sense for Tract 4A to be included in the Walker Property Subdivision for the reasons stated above, and because the existing homes are served by roads and a fire prevention fill site that the WPOA must maintain. Inclusion of the three lots in the WPOA would help pay for that maintenance. A draft of the proposed revision of the WPOA documents is attached to this application. Thank you for considering this modification of the Walker Property Subdivision P.U.D.. Sincerely, o C.U.P. Submittal Checklist A. GENERAL INFORMATION 1. Name of Project: Amendment to Walker Property Subdivision P.U.D. 2. Address: 1500/1620 Reeves Road 3. A Vicinity Map is attached to this application as Figure 1. 4. Applicant: Susan Nelson, 1500 Reeves Road, Bozeman, MT 59715 5. No engineer, architect, or nurseryman is involved at this point. 6. Plan prepared April 1994, no changes 7. North point indicator is shown on the plan. 8. Scale is 1" per 200'. 9. A list of property owners within 200' is attached to this application. 10. Envelopes are attached. 11. Existing zoning is shown on Figure 2, proposed zoning on Figure 3. 12. Phases are not applicable - this is an amendment of an existing P.U.D. B. SITE PLAN INFORMATION 1. Boundary lines with dimensions are shown on the plan. Setback lines are estimated to be as shown on the plan. 2. Topographical information and known utility easements are shown on Figure 2. Additional easements are required by the Walker Property Covenants (Declarations p. 2, Section 1.0), and a sewer easement from the manhole on Lot 12 to Lot 13 will be required. All other items under this subheading were determined to be N/A by Planner Dave Skelton. 3. This subheading was determined to be N/A by Planner Dave Skelton. 4. The revised percentage of open space for the Walker Property Subdivision will be 33%, not including the restricted-use lot (Lot 10) as open space. All other items under this subheading were determined to be N/A by Planner Dave Skelton. 5. This subheading was determined to be N/A by Planner Dave Skelton. C. BUILDING INFORMATION (ON-SITE) 1. This subheading was determined to be N/A by Planner Dave Skelton. 2. This subheading was determined to be N/A by Planner Dave Skelton. 3. Certain parts of the lower-lying areas will be non-buildable due to the Walker Property Subdivision requirement of a 100' stream setback and due to the high water table. Any buildings located below the bench would be subject to the same building restrictions as those in Lots 2-9 of Block 1 in the Walker Property Subdivision. The 100-year Floodplain is shown on Figure 2. D. PERMITS 1. This subheading was determined to be N/A by Planner Dave Skelton. E. REVIEW FEES 1. The $220.00 review fee is attached to this application. 2. No further fees were deemed necessary by Dave Skelton. PROPERTY • 26 '� a • • r a �t� 29 / 2• vp • • '^ C / 3� �• �i ° • ''• • •35 36 ' 31 • 32 • CANON • • • o •• �-- FAST! 8 . '• E �2 `` o / 2 a F e' S .\ z : 1••r I FAU 1202 ti r, • • •ib ° tj i• FAU 1204 �Z, f.i� t:'::�L;..: ���,..::L•r:-L�:+�.:'a':c \� FAU 1204 N ` :BOZE AN • �. �I (: _ _ — •, :�.Q POPUTATi N 21.645 FA I AU 1. 10 0.8 /4rA P 0 •• { •r `I I:� o ALI 120 N ` N •1 BOZEM.A CITY WENTER t ` AU 1210i _i:r•�: h� • FAU 1210 ':1 • r_. 7 u t Q <y .� 9r • Wool 4 •'ti-. :i • • • AU ..I N �, 10 N / • 6.0 .:7KAGY F^ c• • ra •SOZE►ALN 1 - f ' •1 • FA �` + 6 U I I 1212 Y I 14 1 n FIGURE 1 : GENERAL PROPERTY LOCATION �% 41 R 0,0 0 & LOT 9 0 1.920 ACS. (4615.0) 230 2 1' 5 1' E 0. R-2 297. 83' 0 F LOT 10 5.59 ACS. OPEN SPACE ESTRICTEO FOR AGRICULTURAL USE ONLY A-S S 89* 16' 38"1. 0 134. 28' 0 G (b 0� S 08-00- 40-W 477. 72' LOT 2 m ou :!j 2.004 ACS. (0 NED A—S R-0 =-J7 Q OvO \N 0) 0/ S 42*54' 50'W u 139. 39' 8 70 ACS. rimc ')A LOT 3 C,'� No. •Iqdc S 390 18 09 E 0 23.%52 CRCS 105. 89' co R-O 0 k X S 81034' 10' 'n �3 �s O' \\ \ bv eX 115. 26' (4-9 10 ID 52. 2 4' 48 LOT 3 0 -----S 46035' 50'W 2.010 ACS. 6\ ' ' 196. 66' 6 L! R-0 �O\0 ` qs\ ONEO R0 • A-S 0c, 5 280 13' 34" W 164. 65' 0 30, LOT 2 eq. 2. 807 ACS. 0. N S 01059* 40"W R-O 56.04' J S 31055' 35' E (011 140. 13' S A 1\1 I TA 0, 5 59 19' 56" E LOT I 1�E?UaR 1.838 ACS I lc-:A.�6,rFAJF 80. 26' R-0 ZONED A—S (,N 0 159 c- 0 05 N ry IV /FND ALUM CAP RFIJAP I P. S 91*0()' 57'1 3().84 fw PINS J 13' Al JXI C '14,BAR 82 39.82 19*02' S 430 2! i 1.06' dALD RI BAR 10.26' S 870 59' 32"W 530. 73' A R-S,--"' 2 A AIKENOED 5AUNdE-R',5 RfVEi FIGURE 2: FLOODPLAIN, TOPOGRAPHICAL, EASEMENT AND ZONING INFORMATION I PROP48SED SUBDIVISIO OF TRACT 4A, C.O.S. 1498C �0� \ p� 9 \ S 230 2 1' S 1'E J�5 \ on 297.83' G�- pb a I R N D l e g a ,°' ` G•G a°� I yo � � I z S 080 00' 40'W Q 477.72' J ' Q N /9S y90 � LOT I - \ \ \ \ F 13.438 ACS. Lu ,pFFL\ \\ \ R-S Fs\ \ S 42°54' 50'W 139.39' \�\ y 50' W.C. S 39° 18' 09'E ``•f �� 105.89' 30' WIDE SEWER EASEMENT—'f �•\s \y J,'9a. \O O S 81°34' 10'E 1 15.26' � S 050 32' 36'E 52.24' °� \\J LOT 2 / _S 46°35' 50'W ma`s 4. 196 ACS. 196.66' �'—�•' N 47°25' 17'E ' i \ •\ 124.30' R-O l�gaQ s / �O \\\\ 'sue / S 28° 13' 34'W A 164.65' 1R ;10' \ C. p S oQ \ \s\ S 01°59' 40'W 4� \ 'oo<�0C� / �\ \ .\ so ' ' ' W.C.- 56.04' O ly S /DEL•70°29 42 ` E S 31°55' 35'E • . R 206 63' 1 18?62 140. 13' \ \ \ mo \ 80 2619' 56'E 1 ° G -\ \ N 25°32'3'I't LOT 3 \� 5 '39p5 5 / \\ \ 235.30' 5.430 ACS. \ 255 o OZ 2Q r 2 ` 0 FND PINS / SW COR. SEC. 25 _ FND. 2' PIPE WITH 0 S 88°45'52'W WC ALUMINUM CAP -\ /� .�2.13' ALUM CIREBAR ` ` 38.82' \� \\ \'� S 19°02'21'E25' 15'W \ 110.26' S 89°42'2 I'E •` 775.90 1.06' BALD DEBAR_ f ......S 870 59' 32'W 530.73'.. ....... - I - N 53°27'23'W \ , 236.B7' \ 1 A 2 A I FIGURE 3: PROPOSED ZONING AMEiydED SAUNDER'5 RIVERSIDE ACRES \6 3 i `per �q��mlli��!Ilil�l�li��lllllllllllllp!��Vudlllll��i�hlll�otl°q�oq���q����p'llq����IIIIIIII���I���IIIII�I�pU " �����Ipluui�IIIIIIIIIiiuoillllu��ulllllllllllllPl�llll�l��'�� �uIIIINunlllUull olillm — � ��uudu�' Vn WALKER PROPERTY Bozeman, Montana r i Walker Property r A Planned Unit Development Bozeman, Montana r �I I Developers: Susan R. Taylor I Beatrice R. Taylor I Land Use Planners: Design Workshop, Inc. M.A.von Hausen Engineers: Gaston Engineering Architect: Nick Fullerton Architects ! III � I 1 Contents ` Introduction Summary of Submittal Requirements for Improvements Declaration of Restrictions and Protective Covenants Articles of Incorporation By-laws General Architectural Character and Landscape Guidelines i i Introduction r The land referred to as the Walker Property in these documents consists of 117.89 acres north of Bozeman owned and being developed by Susan R. Taylor and Beatrice R. Taylor. The owners have presented a Planned Unit Development which will maintain the aesthetic integrity and scenic value of the property while providing a range of neighborhood services and a limited number of single- and multi-family homesites in a fast-growing area of Gallatin County. Residential sites have been located among stretches of brush created by ancient oxbows of the East Gallatin River; a modest office complex will allow easy access to Bozeman and to Gallatin Field; and a retail complex will provide a variety of conveniences for residents and visitors to Bozeman. Care has been taken to preserve large tracts of open space and wildlife habitat for the passive enjoyment of future generations. ' The land has been painstakingly planned and engineered by professionals to allow the proposed uses with a minimum impact on the land. The suggested density mix is low in response to the natural habitat and a desire on the part of the developers to maintain a rural atmosphere. Lot lines and roadways have been located in response to natural features and contours. In anticipation of the new Zoning Ordinance, the developers had informal meetings with the Development Review Committee, the Design Review Board, and various City and County officials. The intent of the Bozeman Area Master Plan has been observed and embraced, insuring an attractive entryway to the City, with guidelines for development exceeding those required by governmental authorities. The proposal has recieved preliminary approval from the Gallatin County Board of Commissioners and the Bozeman City Commission. April, 1992 Summary of Submittal Requirements for Improvements for the Walker Property j Any individual or entity wishing to build or alter any building, structure, landscaping, natural vegetation, parking area, fence, or other improvement on any lot within the Walker Property must i. first submit a formal application to the Walker Property Design Review Committee("Committee") for review and written approval. All activity requiring the approval of the Committee must be completed in substantial compliance with the plans and specifications approved by the Committee. ' Five sets of plans shall be submitted for review. Following approval, one copy will be maintained on file and the rest returned to the owner. Plans submitted for review shall include: (a) site plan with main building(s), outbuildings, parking areas, driveways, exterior garbage containers, fences and any additional improvements clearly marked; (b) floor plans; (c) exterior elevations, finish materials,and color samples; and (d) landscape plan,irrigation plan, and plant list. In considering applications, the Committee shall abide by restrictions and responsiblities outlined in the By-laws and use in its evaluation the General Architectural Character and Landscape Guidelines. The Committee shall not be responsible for reviewing the structural safety, engineering soundness, or conformance of any improvements with building or other codes, nor shall the Committee be held liable for any damages which may result from Committee action taken pursuant to these covenants. An on-site visit will be conducted by the Committee to verify that the proposal has no negative impact on other property owned by other Association members. Upon written approval of the Committee, plans may be submitted,as approved, to the appropriate City and County agencies for review and approval in accordance with regulations governing the property at the time of submittal. z Declaration of Restrictions and Protective Covenants Table of Contents Page 1.0 Setbacks & Easements 2 2.0 Land Uses 2 3.0 Conditions & Restrictions 5 4.0 Walker Property Owners Association 8 5.0 Design Review Committee 9 6.0 Amendments 12 7.0 Exhibits 13 DECLARATION OF RESERVATIONS AND PROTECTIVE COVENANTS THE WALKER PROPERTY A PLANNED UNIT DEVELOPMENT GALLATIN COUNTY, MONTANA Susan R. Taylor and Beatrice R. Taylor, hereinafter named as Declarants, being the owners of all of the privately-owned land included within the boundaries of the herein described subdivision,hereby adopt the following Declaration of Reservations and Protective Covenants for the Walker Property for the benefit of the owners and to protect the aesthetic value of said land. Declarants also hereby establish a Walker Property Owners Association,hereinafter referred to as"Association'and a Design Review Committee, hereinafter referred to as"Committee",both hereinafter defined. The following Declaration of Reservations and Protective Covenants of the Walker Property Owners Association shall be binding upon and inure to the benefit of all those certain lots of land described as the Walker Property and also shown as a portion of Tract 1 of Certificate of Survey No.1498 and Tracts 2, 3, and portions of Tracts 1 and 4 of Certificate of Survey No.1498B, situated in the NE 1/4 and SE 1/4 of Section 26 and the SW U4 of Section 25, T1S, RSE, PMM, Gallatin County, Montana. These Covenants replace the Declaration of Covenants and Restrictions filed August 17, 1990, film 112, pages 1265 & 1266, in the Clerk&Recordees Office,Gallatin County, Montana, Declarants being sole owners of properties covered by such covenants. 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 to restrain violation of the covenants, to recover damages, or both. In the event of any action to enforce these Covenants the prevailing party shall be entitled to actual costs incurred and to reasonable attorney's fee as set by the Court. Any lot owner, Declarant,Committee, or the Association may enforce these Covenants. For purposes of this document, each unit owner of a multi-family unit located and constructed on Lots 2, 3, &4, Block 1 shall be considered a separate lot owner. The failure by the Declarant, the Association,or of any 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 way 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 lot 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, covenants,and by-laws herein contained without setting forth such restrictions and covenants verbatim or in substance in said deed. However,all of the Declaration- 1 above-described real property and lots shall be subject to the restrictions, covenants,and by-laws set forth whether or not there is a reference to the same in a deed of conveyance. 1.0 Setbacks and Easements 1.1 A 50-foot landscape buffer strip easement along U.S. Highway 10 will be maintained as described by the 1990 Bozeman Area Master Plan Update and/or its future amendments. 1.2 A 1-foot no-access strip will be located within the 50-foot setback along the north side of U.S. Highway 10 and along the east side of Springhill Road in recognition of the fact that both are limited-access arterials. Not included in this restriction are accesses previously granted by the Montana Department of Highways or the Gallatin County Road Office. Such accesses may be built as needed or relocated with permission of the authorities involved. No additional accesses will be obtained. 1.3 A 35-foot wide stream setback shall be maintained along the East Gallatin River. Additionally,a 100-foot wide habitat preservation setback shall be maintained along all river frontage. No building(principal or accessory structure) or improvements may be made within this setback without written permission of the Montana Department of Fish, Wildlife and Parks. The 35-foot wide stream setback shall be included within the boundary of the 100-foot wide habitat preservation setback. 1.4 Easements for utilities exist along the north side of Highway 10, the east side of Springhill Road and along all interior roads. 1.5 An easement will be reserved on the southwest corner of Lot 4, Block 4 for the construction of a ground-mounted directory sign. Said sign will be subject to approval by the Committee and the appropriate governing bodies. 1.6 No dwelling or improvements, nor any material, equipment, or refuse shall be placed on any part of said property within the area of the easements reserved as indicated on the plat of the property filed in the office of the Clerk and Recorder of Gallatin County Montana, or the easements reserved and created in these Protective Covenants. 2.0 Land Uses 2.1 Residential Lots 2.1.1 One single family dwelling, i.e. one living unit in a single building,per lot may be constructed on Lots 5, 6, 7, 8,& 9, Block 1. 2.1.2 Lot 3 of Block 1 shall be limited to a maximum density of four(4)dwelling units. Lots 2&4 of Block I shall be limited to a maximum density of eight(8) dwelling units per residential lot, except that the density for Lots 2&4 of Block 1 may be combined and/or redistributed on the combined lots with a total density of sixteen (16)dwelling units. Utilization of this option will be subject to review by the City of Bozeman Design Review Board. If all 16 units are built on Lot 2, Lot 4 may not be developed and a"no structure"restrictive covenant for Lot 4 must be filed at the Gallatin County Clerk and Recorder's Office. 2.1.3 In addition to the dwellings, there may be added private garages and outbuildings incidental to the residential use of the premises. Any buildings and improvements must Declaration - 2 be approved by the Committee and comply with applicable City and County regulations. 2.1.4 No building can be used as a dwelling until it is completely enclosed and the roof is on. 2.1.5 No residential building lot shall be used as a location or site for the conduct of any commercial or industrial enterprise or activity,with the exception of"cottage industries"or home businesses which may be permitted provided there are no signs or external evidence of a commercial venture. 2.1.6 Builders of residential buildings with river frontage must also undergo review by the Montana Department of Fish, Wildlife and Parks for siting of all residential buildings prior to issuance of building permits. 2.2 Office Lots - Zoned R-O Lots 1, 2, & 3 of Block 2; Lots 1, 2, & 3 of Block 5 Permitted and Approved Conditional Uses: Business and professional offices Community social center Churches Day rare center Dwelling units on second storey Health and exercise/fitness center Medical offices Photographic studio Restaurants Tennis and racquet club Fences, signs, refuse containers Parking areas Private garages for offices and apartments Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3 Commercial Lots-Zoned B=1 Lot 1 of Block 3; Lots 1, 2, 3,& 4 of Block 4 2.3.1 Permitted and Approved Conditional Uses: Churches Dwelling units on second storey Personal and convenience services to include: Automatic Teller Machine Barber shop Beauty parlor Car wash(single bay) Community center or meeting hall Convenience food restaurants Dancing,music, or theatrical studios Day-care center Dry cleaning and laundry establishment for drop off/pick up service Health and exercise/fitness center Laundromat, self-service Declaration• 3 Medical, dental, or health clinic Photographic studio Restaurants Restaurants serving alcoholic beverages Shoe repair and shoe shine store Video sales and rental Watch repair shop Professional and business offices Retail uses to include: Antique shop and service Apparel and accessory shop Art gallery Art supply store Audio-visual equipment sales and rental Bakery for on-site sales, less than 4,000 square feet Bicycle sales, service,and repair shop Book and stationery store Candy and frozen-dessert store Computer store Convenience food store with gas pumps Delicatessen and catering establishments Drug store Dry goods and notions store Florist Garden supply store, indoor sales only Gift shop Grocery stores including retail markets and produce store Hardware store Hobby shop Jewelry and metal craft shop Leather goods and luggage shop Liquor store Music and instrument sales, service, and repair shop Newspaper and magazine store Photographic equipment and supply store Picture frame shop Shoe store Sporting and athletic goods store Toy store Variety store Other small retail uses similar to those listed above Tennis and racquet club Fences, signs, refuse containers Accessory structures Temporary building and yards incidental to construction work Parking areas as required Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3.2 Following approval by the Committee, developers of commercial lots must present plans for site plan review per the Zoning Ordinance of the City of Bozeman. Any subdivided lot will also be reviewed against the Bozeman Area Subdivision Regulations in effect for the area at the time of application. Declaration -4 2.3.3 The total maximum gross floor area for all lots combined on Blocks 3 and 4 is limited to 57,500 square feet. 2.3.4 The maximum gross floor area for each commercial structure on Lot 1 of Block 3 and Lot 4 of Block.4 is limited to 5,000 square feet. 2.3.5 The maximum gross floor area for each commercial structure on Lots 1 & 2 of Block 4 is limited to 5,000 square feet, except that, utilizing zero lot lines, one structure on Lots 1 and 2 combined will be allowed with a maximum total gross floor area of 10,000 square feet; and one structure on Lot 2 will be allowed with a maximum total gross floor area of 10,000 square feet. 2.3.6 The maximum gross floor area for each commercial structure on Lot 3 of Block 4 is 5,000 square feet, except that, adjacent to the North 19th Crossroad, one structure will be allowed with a maximum footprint of 10,000 square feet and a maximum total gross floor area of 15,000 square feet. 2.3.7 In a structure that exceeds 5,000 square feet, the maximum floor space for any one commercial activity may not exceed 5,000 square feet. 2.4 Open Space 2.4.1 Lot 1, Block 1 has been set aside as non-developable open space which is owned solely by Declarants or their assigns. Restrictions governing its use are set forth in Exhibit A. Owner of said lot shall not be considered as a lot owner for purposes of this document and shall not have voting rights nor be be subject to assessments by the Association. 2.4.2 Lot 10, Block 1 has been set aside as open space which may be used as pasture, with perimeter fencing as approved by the Committee, but such lot is owned solely by Declarants or their assigns. If Lot 10 is used for the pasture of animals, construction and maintenance of fencing of said property shall be the responsibility of the owner. 2.4.3 All land not platted as a lot or granted for easement purposes shall be designated as commonly-owned Open Space and shall be conserved as active farmland and/or passive recreation land for the benefit of the property owners. This communal land is set aside and preserved from all future development. Regulations determining its use shall be the responsibility of the Walker Property Owners Association, Inc. 3.0 Conditions and Restrictions 3.1 Utilities Declarants will provide underground electricity, natural gas, telephone, TV cable, and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, television, and telephone services to the residence, business, or place of use from the primary line. All utilities shall be underground. No additional fuel storage nor communication antennae will be permitted without the permission of the Committee. A satellite dish/television cable system shall be installed by the Declarants for the communal use of the Association. Maintenance and subsequent changes in equipment provided shall be the responsibility of the Association. Declaration•5 3.2 Materials and Waste The storage of supplies,equipment, boxes, refuse, trash, materials, machinery, or machinery parts that would detract from the aesthetic values of the property shall be placed and stored in buildings for that purpose. Each lot owner shall provide suitable receptacles for the containment and collection of trash and garbage, which must be enclosed, screened, or otherwise unexposed to public view. There shall be no incineration or burning of garbage, trash, or other waste or debris on any building lot. 3.3 Vehicles No vehicles, mobile homes, recreational vehicles, campers, boats, snowmobiles, trailers, construction equipment, farm equipment, or similar large equipment shall be kept on said lots except those housed in a suitable structure or with adequate screening as approved by the Committee. 3.4 Animals 3.4.1 Ordinary household pets belonging to the owners will be allowed, but no commercial breeding or raising of domestic animals is permitted. If a particular animal or animals becomes a nuisance to livestock, wildlife, property, or other owners, the Association shall have the authority to require that the same be kept tethered or confined on the owner's property. Location of kennels or other facilities for the keeping or retention of animals shall be restricted to areas approved by the Committee. 3.4.2 A reasonable number of livestock will be permitted on Lot 10,Block•1 as long as such animals are not subjected to inhumane or abusive treatment, do not pose any threat to wildlife,and do not constitute a nuisance to owners of other lots or their property. The Association shall have the authority to limit livestock as its membership deems appropriate. 3.5 Vegetation 3.5.1 There shall be no cutting, removal, or voluntary destruction of timber or vegetation located on the premises except: • to the extent necessary and approved by the Committee to enable the building of structures and improvements on a building site; • landscaping; • removal of dead or diseased trees and noxious weeds; or • the maintenance or establishment of approved roads, streams;driveways, or ponds. 3.5.2 Due to the need for wildlife habitat, no vegetation or deadfall shall be removed within the 100-foot habitat preservation setback along the East Gallatin River without prior approval of the Committee and the Montana Department of Fish,Wildlife and Parks. 310 Permits and/or Floodplain Development Permits are required for any construction within the East Gallatin River or the 100-year floodplain boundary. 3.6 Weeds Weeds in the common open space will be controlled by the Association according to the weed control plan approved by the County Weed Control Board. The owner of each lot shall control the weeds and all noxious plants on owner's lot provided, however,that Declaration • 6 owner shall not use poison harmful to humans or animals or to the enjoyment of the occupants of adjoining property. In the event the owner fails to 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. 3.7 Landscape Buffer Strip 3.7.1 An overall landscape/irrigation plan for the 50-foot landscape buffer-strip easement, provided by the Declarants, will be used as a benchmark for assessing landscaping during the review process by the Committee, the City of Bozeman, and/or Gallatin County. 3.7.2 Owners of lots which include land designated as a"50-foot landscape buffer-strip easement"along Highway 10 must make improvements to the buffer strip as a condition of receiving a building permit for said lots and must maintain said buffer strip to standards required by the City of Bozeman for an entryway corridor. 3.8 Roads Declarants will install all subdivision roads to County specifications within the dedicated 60-foot public right-of-way, and the roads shall be owned and maintained by the Association., Campbell Road, Gibson Road and Kean Road shall be of gravel; Reeves' Road and Enterprise Road shall be asphalt. Subsequent improvements and/or upgrading or resurfacing of roads shall be the responsibility of the Association. Year-round access will be maintained on all roads. 3.9 Fire Protection Subdivision roads must be clearly marked to assist fire suppression. All homes and businesses will be.assigned an address number and said number must be clearly displayed on the residence, commercial structure,or office building. 3.10 Nuisance 3.10.1 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. 3.10.2 No excessive noise shall be permitted upon any portion of privately owned property or commonly owned open space which may be or may become an annoyance or nuisance to that neighborhood. 3.10.3 In the event that dust generation on gravel roads becomes a problem, the Association shall pave said road(s)or take other measures to minimize dust generation from roads. 3.11 Historic Buildings Buildings which are designated as Historic Buildings by the Historic Preservation Society may not be removed unless prior notification of intent has been made to the Museum of the . Rockies,the Gallatin Historical Society,and the Montana Historic Preservation Society, giving these organizations an opportunity to remove and/or relocate said buildings. Declaration- 7. '13.12 New Structures 13.12.1 The size, height, and appearance of buildings, signs, parking areas, fences, and landscaping are subject to review by the Committee and are governed by the Walker Property General Architectural Character and Landscape Guidelines and by all covenants pertaining to the Walker Property and by applicable City of Bozeman zoning regulations. 13.12.2 No temporary structures will be permitted on any lot except that one temporary building may be used on any lot during the course of continuous construction, not to exceed eighteen(18) months from start of said construction. 3.13 Subdivision No lot in Walker Property may be subdivided except that commercial Lots 2 &4, Block 4 may be subdivided into no more than two(2) lots and commercial Lot 3, Block 4 may be subdivided into no more than three (3) lots. The owner of each resulting lot shall be deemed a lot owner for the purposes of these Covenants. Future subdivision of any lots will be processed and reviewed against the Bozeman Area Subdivision Regulations and the Bozeman Area Zone Code in effect at the time of application. 3.14 Responsibility All lot owners shall be responsible for performing or complying with all obligations under these Covenants. Should a lot owner lease his or her lot, both the lot owner and the tenant shall be jointly and severally responsible for performance and compliance with these Covenants. 4.0 Walker Property Owners Association It is the intention of the Declarants that a nonprofit corporation to be called Walker Property Owners Association, hereinafter referred to as"Association",will be formed by the owners of the various tracts within the subdivision to: • serve the subdivision for the benefit of the subdivision and the owners of the individual lots; • care for,protect, and maintain the roads and other beneficial structures; •preserve the wildlife and rural environment; • operate and maintain a local cable television system; • operate and maintain a sewage disposal system accessing the City of Bozeman sewer line to the Waste Water Treatment Plant; •administer all matters regarding surface water rights •administer the weed control program as approved by the Gallatin County Weed Control Board; •provide other services, capital improvements,and amenities as deemed beneficial by members;and • determine, levy, collect, and enforce annual and/or special assessments. 4.1 Membership 4.1.1 Every owner of a lot which is located on Walker Property subdivision shall be a member of,the Association with the following exceptions: Declaration • 8 4.1.1.1 Lot 1, Block 1 has been set aside as non-developable open space, and owner of said lot shall.not be considered as a lot owner for purposes of this document. 4.1.1.2 Block 6 has been designated for Highway Right-of-Way for construction of the North 19th Street Crossroad, and owner of said lot shall not be considered as a lot owner for purposes of this document. 4.1.2 In addition, each unit owner of multi-family units located and constructed on Lots 2, 3, &4, Block 1 shall be considered a separate owner and a member. When the terms "lot"or"lot owner"are used hereinafter, they shall refer to both lot and unit owners. After one or more units have been constructed on a multi-family lot, the owner of such specific lot shall no longer be a member. 4.1.3 "Owner"shall refer to the owner of record, whether one or more persons or entities, as indicated on the recorded deed. 4.1.4 If an owner holds more than one lot, that person shall be considered a member for each lot held. 4.1.5 If a lot is subdivided, each resulting lot owner shall be a member of the Association. 4.1.6 Each member shall be entitled to one vote for each lot owned. Members may cast a vote either in person or by written proxy filed with the Secretary. When more than one person holds an interest in any lot, all such persons shall be members but may cast only one vote per lot. The vote for such lot shall be exercised as they among themselves determine,but in no event shall more than one vote be cast with respect to any lot (except in the case of multi-family dwelling lots). 4.2 Assessments The Association shall have the right to determine,levy, collect,and enforce annual and/or special assessments as stipulated in the By-laws of the Walker Property. All annual and/or special assessments for each lot shall be paid when billed. 5.0 Design Review Committee 5.1 A Design Review Committee, hereinafter known as"Committee", will be formed consisting of five members whose function will be to review and approve plans, specifications, designs,sites,and locations of structures and other improvements to be constructed or erected on any lot. The Committee may make such reasonable rules and by- laws and adopt such procedures as it deems necessary to carry out its functions, consistent with the provisions of the Association By-laws. 5.2 Owners wishing to build or alter any building,structure, landscaping,parking area, fence,or other improvement on any lot must first submit for Committee review and written approval all building and site plans and specifications and such other information as the Committee may reasonably require. All activity requiring the approval of the Committee must be completed in substantial compliance with the plans and specifications approved by the Committee. Declaration- 9 • 0 5.3 In considering applications, the Committee shall use in its evaluation the Walker Property General Architectural Character and Landscape Guidelines, and shall take into consideration the aesthetic aspects of the architectural designs,placements of buildings, landscaping, exterior finishes, materials and similar features, and the overall benefits to the surrounding area. It shall not be responsible for reviewing structural safety, the engineering soundness, or conformance of any improvements with building or other codes, nor shall its approval of any plans and specifications be deemed approval thereof. 5.4 Committee approval will be required before plans are submitted to the Bozeman City- County Planning Office for site plan review against the City of Bozeman Area Zoning Ordinance and Bozeman Area Subdivision Regulations in effect at the time of site plan application and review. 5.5 The Committee or the individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these covenants including,but not limited to, damages which may result from correction, amendment, change,or rejection of plans, the issuance of building permits, or any delays associated with such action on the part of the Committee. 5.6 At least two of the five members of the Committee shall be members of the Association or persons representing the Declarants, and at least one of the members must have professional qualifications in the area of architecture, design, land planning, or landscaping. Initially,and until such time as one-half(1/2) of the lots have been sold, Declarants shall retain the right to appoint all members to the Committee. Thereafter,and until such time as three-fourths(3✓4)of the lots are sold, Declarants shall retain the right to appoint two members of the Committee, and three members will be voted upon by the Association. Thereafter,Declarants shall retain the right to appoint one member of the Committee,and four members will be voted upon by the Association,until such time as the Declarants choose to relinquish their power of appointment and allow the Association to vote for all five members of the Committee. 5.7 If no successor is appointed on or before the expiration of an individual memberss tern, said member shall be deemed to have been reappointed for another term. On the death or resignation of an individual member,a replacement to complete the unexpired term shall be selected by the remaining members of the Committee. 5.8 The Committee shall have the authority to: • require siring of buildings and improvements as in its discretion best suits the requirements of the site and does not interfere with privacy and rights of neighboring landowners; •approve all fencing plans and outdoor lighting; • require sufficient landscaping and watering capabilities; • maintain the intent of General Architectural Character and Landscape Guidelines; • reject materials, designs, or colors submitted with plans or the plans themselves if they are not compatible, or are inappropriate, in the opinion of the Committee, with the rest of the subdivision or the Walker Property master plan; •to grant variances where,in its discretion, it believes the same to be necessary and/or where the same will not be injurious to the rest of the subdivision; • require reasonable fees to be paid with the submittal of plans and specifications; and • enforce these covenants in any court of law or equity when it reasonably believes the covenants have been violated. Declaration • 10 I 5.9 In addition to the Walker Property General Architectural and Landscape Guidelines, the Committee shall be govemed_by the following general guidelines in its consideration of plans and specifications submitted for its approval: 5.9.1 The Committee shall recognize that all property and all improvements within this subdivision must combine harmoniously with one another and not be.inconsistent with the development of the entire project so as to maintain a uniformity of value and quality throughout the subdivision. No plans or specifications shall be approved which will be so similar or dissimilar to other improvements or structures that monetary or aesthetic values will be impaired. 5.9.2 In considering any plans or specifications, the Committee shall examine the suitability of the same to the site. 5.9.3 All plans and specifications shall be in full compliance with all of the terms and provisions of these Covenants, except for any variances which may have been granted by the Committee for such plans and specifications. 5.10 Review Procedure 5.10.1 Five sets of plans will be submitted for review. Following Committee approval, one copy will be maintained on file and the remaining copies will be returned to the .owner. Building plans submitted for review will include: • site plan with main building(s), outbuildings,parking areas, driveways, exterior garbage containers, fences,,and and any additional improvements clearly marked; • floor plans; • exterior elevations, finish materials, and color samples; and • landscape plan, irrigation plan, and'plant list. 5.10.2 An on-site visit will be conducted by the Committee to verify that the proposal has no negative impact on other property owned by other Association members. 5.10.3 In the event the Committee fails to approve or disapprove completed,detailed plans submitted to it within forty-five(45) days, no further approval shall be required and this requirement for Committee review shall be deemed to have been fully complied with. No deviation from plans approved by the Committee or through tacit approval owing to a forty-five(45)day lapse of time shall be allowed without such plans being resubmitted for approval. 5.11 Construction Timetable 5.11.1 Constriction of approved plans must be commenced within twelve(12)months of approval or new approval must be obtained, unless specific written extension is granted by the Committee. 5.11.2 Construction shall be completed on the exterior within one hundred eighty(180) days of start of construction unless a variance has previously been granted by the Committee. Final interior construction shall be completed within eighteen(18)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 Committee is required. This shall apply as a variance to the one hundred eighty Declaration • 11 0 180 day exterior completion requirement only. In such case the site shall be taken to ( ) Y P e9 Y final grade before winter, with no remaining excavation piles, except for top soil piled not to exceed fifty (50) cubic yards. 5.11.3 All landscaping shall be in place within fifteen (15) months of start of construction. If the completion of the building occurs during winter months, the Committee may grant a variance for completion of landscaping, in which case the landscaping shall be completed within the next growing season. 6.0 Amendments 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 members owning ninety (90%) of the lots included within the boundaries of the subdivision, subject to review and approval by the Gallatin County Commission and the Bozeman City Commission. IN WITNESS WHEREOF, the Declarants have executed this Declaration of Reservations and Protective Covenants this day of , 19 STATE OF MONTANA ) ss. County of Gallatin ) On this day of , A.D., 19 , before me, 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 State of Montana (Seal) Residing at My commission expires Declaration• 12 8VoqaYLQ 111� Of • 9 M Va" January 17 , 1992 1420 East Sixth Avenue Helena, Montana 59620 EXHIBIT A Restrictions Applying to Lot 1, Block 1 RESTRICTIONS Use of the property is confined to activities such as those involving a low intensity, walk-in, public recreation site for fishing and watchable wildlife. No commercial or business buildings may be constructed on the property nor may business or enterprise for profit be conducted on the property. This does not prohibit the buyer from charging a fee for the use of the property or from subleasing the property for agricultural purposes in order to defray operation and maintenance costs, or as a method of habitat enhancement. No dwellings shall be constructed on the property. No roads shall be constructed on the property except trails consistent with a walk-in fishing access site and a watchable wildlife area, or roads necessary for the administrative work of the buyer. Trails may be improved to allow for handicap fishing access. No further subdivision of the property shall occur. Modification of the riparian zone along the East Gallatin River within the bounds of the property shall be limited to fishing use and those activities associated with protection and maintenance of habitat for wildlife, or for the removal of obstacles deemed by the Department to constitute a public hazard. In the event any of these restrictions are violated the Seller may bring action to enjoin such violation by temporary, preliminary and/or permanent injunction and require the buyer to comply with the terms of these restrictions. Seller shall have available all legal and equitable remedies to enforce the obligations of the buyer under these restrictions. The seller is entitled to reimbursement of attorney fees if a court finds that the buyer has violated the restrictions herein listed, and the court renders a final judgement to that effect. The restrictions stated above shall run with the land. Declaration• 13 i Articles of Incorporation ARTICLES OF INCORPORATION WALKER PROPERTY OWNERS ASSOCIATION, INC. 1. The name of this corporation is: WALKER PROPERTY OWNERS ASSOCIATION, INC. 2. The.purposes for which the corporation is formed are: A. The primary purpose for which the corporation is formed shall include but not be limited to providing for the maintenance, preservation, and control of the various privately owned properties and commonly held open spaces of the Walker Property,and all structures and improvements which may be constructed thereon, said property being legally described in the Declaration of Reservations and Protective Covenants for the Walker Property on file with the Clerk and Recorder,Gallatin County, Montana. B. The general purpose shall include but not be limited to promoting the health, safety, and welfare of the owners of lots within the above-described subdivision pursuant to provisions in the Declaration of Reservations and Protective Covenants of the Walker Property- C.The specific purposes of the corporation shall include but not be limited to: • serve the subdivision for the benefit of the subdivision and the owners of the individual lots; •care for,protect, and maintain the roads and other beneficial structures; •preserve the wildlife and rural environment; • operate and maintain a local cable television system; • operate and maintain a sewage disposal system accessing City of Bozeman sewer line to the Waste Water Treatment Plant; •administer all matters regarding surface water rights; •administer the weed control plan as approved by the Gallatin County Weed Control Board; • determine,levy, collect,and enforce annual and/or special assessments; and •provide other services, capital improvements,and amenities as deemed beneficial by members. 3. The corporation shall have perpetual existence. 4. The corporation is organized pursuant to the Montana Non-Profit Corporation Act and does not contemplate pecuniary gain or profit to the members thereof. 5. The address of the corporation's initial registered office and the name of the initial registered agent at such address is: Beatrice R.Taylor 6400 Bostwick Bozeman, MT 59715 Articles• 1 6. The number of directors constituting the initial board of directors shall be three(3). The names and addresses of the persons who are to serve as the initial directors are: Susan R. Taylor 1500 Reeves Road Bozeman, MT 59715 Beatrice R. Taylor 6400 Bostwick Road Bozeman, MT 59715 Brit Miller P.O. Box 531 Billings, MT 59103 7. The names and addresses of the incorporators of this corporation are: Susan R. Taylor 1500 Reeves Road Bozeman, MT 59715 Beatrice R.Taylor 6400 Bostwick Road Bozeman, MT 59715 8. Should it become necessary to dissolve the corporation, upon said winding up and dissolution of the corporation,after paying or adequately providing for the debts and obligations of the corporation, the remaining assets shall be distributed(1) to the Museum of the Rockies, Inc.,providing it is a 501 (c)(3) organization at the time of dissolution, or, failing that, (2) to a non-profit fund, foundation, or corporation, which is organized and operated exclusively for charitable, educational and/or scientific purposes and which has established its tax-exempt status under Section 501(c)(3)of the Internal Revenue Code. If the corporation holds any assets in trust, such assets shall be disposed of in such manner as may be directed by decree of a Court or competent jurisdiction,upon petition therefore by any official or other person concerned in the liquidation. 9. No officer,director,or volunteer of this corporation shall be individually liable for any action or omission made in the course and scope of his or her official capacity on behalf of the corporation,other than willful or wanton misconduct. Articles • 2 IN WITNESS WHEREOF, the undersigned, constituting the sole incorporators of this corporation,have executed these Articles of Incorporation this day of , 19 Susan R. Taylor Beatrice R.Taylor STATE OF MONTANA ) ss. County of Gallatin ) On this day of ,A.D., 19 before me,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 State of Montana (Seal) Residing at My commission expires Articles• 3 By-laws Table of Contents Page 1.0 Membership 1 2.0 Assessments 1 3.0 Meetings 2 4.0 Board of Directors 2 5.0 Amendments S • • BY-LAWS WALKER PROPERTY OWNERS ASSOCIATION, INC. Susan R. Taylor, Beatrice R. Taylor, and Brit Miller, as the initial Directors of the Walker Property Owners Association, hereby adopt the following By-laws for Walker Property Owners Association, Inc, hereinafter referred to as"Association." Susan R. Taylor and Beatrice R. Taylor, hereinafter referred to as"Declarants,"have previously executed and filed a Declaration of Restrictions and Protective Covenants, on file with the Clerk and Recorder, Gallatin County, Montana. 1.0.Membership 1.1 Every owner of a lot which is located on Walker Property subdivision shall be a member of the Association. "Owner"shall refer to the owner of record, whether one or more persons or entities, as indicated on the recorded deed. 1.2 In addition, each unit owner of multi-family units located and constructed on Lots 2, 3, & 4, Block 1 shall be considered a separate owner and a member. When the terms"lot"or"lot owner"are used hereinafter, they shall refer to both lot and unit owners. After one or more . units have been constructed on a multi-family lot, the owner of such specific lot shall no longer be a member. 1.3 If an owner holds more than one lot, that person shall be considered a member for each lot held. 1.4 If a lot is subdivided, each resulting lot owner shall be a member of the Association. 1.5 Lot 1, Block 1 has been set aside as non-developable open space, and owner of said lot shall not be considered as a lot owner for purposes of this document. 1.6 Each member shall be entitled to one vote for each lot owned. Members may cast a vote either in person or by written proxy filed with the Secretary. When more than one person holds an interest in any lot,all such persons shall be members but may cast only one vote per lot. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot(except in the case of multi-family dwelling lots). 2.0 Assessments 2.1 An annual assessment shall be determined by the Board of Directors of the Association in an amount estimated to cover the normal operating expenses of the Association for each year. Normal operating expenses will include road maintenance and snow removal, common open space maintenance,implementation of a weed control plan, operation of a sewage lift station, operation and maintenance of satellite TV antennas and related equipment,and any other amenities voted upon by the membership, together with such additional amounts as may, in their reasonable judgment,be necessary to cover any past deficits from operations or to create reasonable reserves for the future cost of operations. 2.2 In addition to an annual assessment to cover the Association's operating expenses, the Association, by an action of its Board of Directors, may levy special assessments for the By-laws - 1 purpose of reserving or paying for, in whole or in part, the cost of any capital improvements benefiting the subdivision and its interests provided that any such assessment shall have the assent of two-thirds(2/3) of the votes of members voting in person or by proxy at a meeting duly called for this purpose. 2.3 Each member is obligated to pay to the Association annual and special assessments when billed. 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 incur reasonable attorney's fees. 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 non-use of the common area or abandonment of the lot. 2.4 Each member shall be assessed for each lot or unit owned. 2.5 If a lot is subdivided, each resulting lot is subject to the same assessment as undivided lots. 2.6 If an owner holds more than one lot, that person shall be assessed for each lot held. 2.7 When more than one person holds an interest in any lot,all such persons shall be jointly responsible, but there shall be only one assessment for such lot. 3.0 Meetings 3.1 The annual meeting of the members shall be held on the second Monday in March. Special meetings may be called at any time by the President or by the Board of Directors. One fourth (1/4)of all members shall constitute a quorum. 3.2 Written notice, stating the place, date and hour and, in the case of a special meeting, stating the purpose for which the meeting is called, shall be given for all meetings at least fifteen(15) days before such meeting. Such notice shall be given either personally or by mail, to each member entitled to vote at such a meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to each member at his or her address as it appears on the records of the Association, with postage prepaid. 3.3 Any action required to be taken at a meeting of the members may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all the members entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote. 4.0 Board of Directors 4.1 The affairs of this Association shall be managed by a Board of three(3)Directors. Initially, Declarants and/or their assigns will act as Directors of the Association. After at least fifty percent(50%)of the lots have been sold, members shall elect one of the three Directors with Declarants appointing the remaining two or serving in those positions themselves. After seventy-five percent(75%) of the lots have been sold, members shall elect two Directors and Declarants will appoint or serve in the third position. Declarants may at any time relinquish their right to hold positions and have their vacancy filled by a vote of the members. Any position relinquished by the Declarants shall henceforth be filled only by a vote of the members. By-laws • 2 4.2 Directors shall be elected at the annual meeting and serve renewable terms of three years. Directors shall serve without compensation but may be reimbursed for actual expenses incurred in the performance of duties. A Director may be removed from the Board by a majority vote of the members of the Association. Upon formation of the Association, one Director shall have stipulated a one-year term; one Director shall have stipulated a two-year term; and one Director shall have stipulated a three-year term; subsequent terms shall be for three years. Vacancies of unexpired terms shall be appointed by the President, with the appointee serving until the end of said term. 4.3 Nominations for vacancies shall be made by a Nominating Committee appointed by the President. Nominations may also made from the floor,by a member, at the annual meeting. The Nominating Committee shall consist of a Chairman,who is a member of the Board of Directors,and two or more members of the Association. The nominating committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies to be filled. 4.4 Regular or special meetings of the Board of Directors shall be held at the time and place as maybe agreed upon by a majority of the Directors. Reasonable notification of such meeting shall be given to all the Directors, but no notice in writing is necessary. At all meetings of the Board, the majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business,and an act of the majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors. 4.5 Any action required to be taken at a meeting of the Directors may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all the Directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote. 4.6 The powers of the Board of Directors shall include but not be limited to the following: • to adopt and publish rules and regulations governing the use of common open space, including management of surface water rights and management of open space for agricultural purposes, if deemed advisable; • to suspend the voting rights and right to use of the common open space facilities of any member during any period in which such member shall be in default of the payment of an assessment levied by the Association. Such rights may also be suspended,after notice and hearing, for infraction of published rules and regulations; • to exercise for the Association all powers, duties, and 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; •to 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; •to employ a manager,an independent contractor,or such other employees as they deem necessary,and to prescribe their duties. 4.7 The duties of the Board of Directors shall include but not be limited to the following. • with regard to books and records, to: - cause to be kept a complete record of all its acts and corporate affairs; - to present a financial report 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 voting members; By-laws • 3 • • - make available, during regular business hours, said books and records for inspection by any member upon written request of such member. • to supervise all officers, agents, and employees of this Association, and to see that their duties are properly performed; • with regard to assessments, to: - fix the amount of the annual assessment against each lot at least thirty(30) days in advance of each annual assessment period; - send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; - initiate legal proceedings against any lot owner whose assessments are not paid within thirty(30) days after due date; • to procure and maintain adequate liability and hazard insurance on property owned by the Association. • to cause all officers or employees having fiscal responsibilities to be bonded, as the Board may deem appropriate; • to cause the common open area to be maintained; and • to oversee the management of the weed control program. 4.8 Officers 4.8.1 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 offices of Secretary and Treasurer may be held by the same person. 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 officers shall be elected by the Board of Directors. The election of officers shall be held at the first meeting of the Board of Directors following 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 a successor, who shall hold the office for the unexpired tern. 4.8.2 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 corporation,subject to the limitations of these By-Laws and such limitation, directions,and control as the Board of Directors may exercise relating to the President's duties and authority; shall sign all stock issued and all deeds and papers which require the President's signature;and perform such other duties as pertain to that office. 4.8.3 The Vice-President shall act in the place and stead of the President in the event of the President's absence, inability, or refusal to act; and shall exercise and discharge such other duties as may be required by the Board of Directors. 4.8.4 The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the members; keep the corporate seal of the Association,if one exists,and affix it on all papers requiring said seal; serve 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 of Directors. 4.8.5 The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and disburse such funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association; keep proper books of account; and By-laws • 4 S prepare an annual budget and statement of income and expenditures to be presented to the membership at its regular mee"ling, and deliver a copy of said budget and statement to each member at least thirty(30) days�before the annual meeting. 5.0 Amendments Except for paragraph 4.1, these By-laws or any portion thereof may be amended by a majority vote of the members. Paragraph 4.1 may be amended only with the consent of the Declarants, if living. IN WITNESS WHEREOF, the Directors have executed these By-laws this day of , 19 STATE OF MONTANA ) ss. County of Gallatin ) On this day of , A.D., 19 , before me, 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 State of Montana (Seal) Residing at My commission expires By-laws - 5 0 0 General Architectural Character and Landscape Guidelines Table of Contents Page 1.0 The Property 1 2.0 Design Guidelines Purpose 1 3.0 Design Principles and Key Character Elements 3 4.0 Architectural Character 5 5.0 Landscape Elements 16 6.0 Parking and Access 19 7.0 Signage, Fencing, and Lighting 19 8.0 Revision 20 Illustrative Figures 1.General Property Location 2. The Property 2 3. Land Use Design Concept 4 4.General Architectural Character Elements 6 5. Building and Structure Site Planning 7 6a. Retail General, Site Planning, Structure 10 6b.Retail Architectural Character 11 7a. Office Site Planning Principles 12 7b.Office Architectural Character 13 8a. Residential Site Planning Principles 14 8b. Residential Architectural Character 15 9. Planting Principles 18 10. Parking Design 21 11. Signage, Fencing and Lighting 22 PROPERTY ` • 26 o t6♦ • c �� 29 / 2• �� E`o • i fir° JJ y O /• • ' Y PT 44 et' I � • • ... r� • +� • •)S )6 11 • • +�. 32 • CAN ONcreel • • • + 1 (. • NIOG aAS • • = t IEn- t FAu 1202 1� FAU •• 1• r FAUN 04 5 ` . BOZE AN 11 f(•: - ^_� _ • .Q POOULATI N 21.649 Ib •-ter � ►� � moo y BOZEMA w12o N 2' • • -' ''`' CITY JENTER • . . ` w 121o', s r4 • FAu 1210 N <Q. r ti •a t . 1 i 11 •�3 - . I . 191 ill 42 FAU Ilk* NTAU a , N 'j • ,. AGY DF� s• • Goo fm I _ 17 kr 23 '.;fit . . , • a FIGURE 1 : GENERAL PROPERTY LOCATION 1.0 The Property 1.1 Location '} The subject property consists of 117.87 acres located in Gallatin County approximately 1 mile northwest of the Bozeman city limits, at the comer of U.S.Highway 10 and Springhill Road. �s. The property is approximately 6 miles east of the Gallatin Airport and just north of Interstate I- 90, (Figures 1 & 2). ? 1.2 Legal Description r The located in the southeast one-quarter of the northeast one-quarter�is q quarter and the east one-half of the southeast one-quarter of Section 26; and the west one-half of the southwest one-quarter of Section 25,Township 1 South, Range 5 East, Principal Meridian,Montana, Gallatin,Montana. 2.0 Design Guidelines Purpose These design guidelines are intended to be used by the owner,the Design Review Committee of the Walker Property,and prospective builders as a reference to review future development. They should be regarded as a general framework to set the desirable character and high quality design standards for the site. These guidelines should be used as a basis for site plan review. The overall intent of the design guidelines is to provide a consistent site plan review process for a unified,high quality development. x Proposals for parcel development that differ in detail but not in general principle from these design guidelines may be approved.This approval by special exception should be granted only if the result will be beneficial to the overall aesthetic and development interests of the property. All site plan submissions should conform to the Bozeman Area Subdivision Regulations (Gallatin County Version)and the City of Bozeman Zoning Ordinance. Builders are reminded that the Walker Property is intended to be a showpiece for conscientious development, to provide an aesthetically pleasing entrance to Bozeman while providing a comprehensive mixture of retail stores and services advantageous to the neighborhood and outlying rural area. Projects submitted for review to the Design Review Committee of the Walker Property Owners Association will be judged subjectively for overall conformity to the stated purpose and must provide positive benefits in terms of service and appearance. The Design Review Committee will judge each project on its individual merits. Landscaping, siSi ge, fencing, and parking areas must be compatible with neighboring properties and conform to the intent of these guidelines. The minimum standards established in City and County codes will not in and of themselves be acceptable to the Walker Property. Parking areas should be sized to provide for ample width and comfortable access; signs must be designed within the specified guidelines to avoid visual clutter, lighting must be spot lighted and used only as needed to identify businesses and provide for safety,with down lights used in the taller fixtures to prevent unnecessary light pollution; fencing,where necessary,should {` follow natural land contours and blend into the landscaping to the greatest extent possible. Projects that vary from the intent and stated goals of the Walker Property and fail to meet its purposes will be denied even if they meet the minimum standards set by City and County codes. 1 R Guidelines - I r I S S 57"E 17 i6' 23 N 44*04'44"E 55 74 Y r •`�Oa 2B0• � A,;.- - - '��.�,:�a,,;:;•_:.�•:•":.•�.-:.:e2000' � 2 S I�'1p"w 142.97' 24 S 739 42'54"E 92.72 3 S450OO'00"E 156.90' 25 N 730 SO 53'E 190.52 j 4 S 660 25'46"E 222.57' 26 N 39°43' 34"E 92.31 1 i ;I S S 320 03'34"E 224 19' 27 N 640 37'42"w 107.35,I 1 6 S 030 33'53"E 305.59' 28 N 240 48' 10"•W 145.41 J NO 589 17 S 230 28'32"E 298.73 29 N 390 03' 11"E 68.25': S. 8 S 08003'oa"w 477.72 p 30 N 7 57'Oa"E 78 05i NE I/16 COR. G'� I 9 S 420 57'54'w 139.39' 31 S 26°04 06 E 154741 SEC.26 N I/16 C O R. i 10 S 390 15'OS"E 105.89' 32 S 860 31' 54"E 198.36'( (fNO.2"PIPE) N 89°59' 16"E !SEC'S 25 8 26 I i I I S 810 31 08"E 115.26' ! 33 N 440 24' 34"E 137.19 j ; 1 12 S050 29'32"E 52.24' 134 H 470 25' 10"W 150.75.1 32.30 � N 13 S 46°38'5 'W 196.66' ( 35 N 08°55'SO"W TO 86 14 S 28°16* 38"W 164.65' i 36 N 700 12' 04"E 79.71'' IS S 02°02'44"W 56.04 37 S 440 29 51 E 161,23' ' 16 S 310 52' 31"E 140.13' 38 S 630 33'28"E 208.85 3 17 S 59°16' 52"E 80.26' 39 N 800 32 16"E 103.41' w A 18 S 390 25'54"E 255.05 40 N 340 43'07"E 154.51'1 Q a 8� 0 0 19 S 730 59'20"E 119.64 41 N lo° 22' 54"E 133.18' a, O 20 N 81°58' 46"E 222.17' ( 42 N 350 28' 12" E 98231 p 21 S 580 25'52" E 194.83' 43 N 790 36'40 E 122D0' �r4,O 1 a 22 S 700 04 28"E 83.46' 441 S 090 58' 27"W 88.49' i ;O 1 SPRINGHILL: ROAD' S I 'i CO. RO. BY,USE S 1 SCALE 1E !�.:.:. : "• I.. oo' UNpLA1 t Iw1/4'COR:.SEG ' 9ECi_28^.,: (F IPE ND.2 P ;SETS; 5"' (F7d0.S/� REBAR) .. 1329.39 ' .2p N;ALU CAeA901Cf 1 N.890 30' SS" E 3965.86' 1.... 69°52'52-'VI-: - 572.01'•. 1 2068.20' ;'' '' I:' •''s' t 5 AI' MLC' ":i.:;`"' 201S.20'TOW.C. N,OI'02'S4"E 223 58' Z -- ----3 39 3.8 5 N'44°20 35"W 84.34" 3 Z N 020 01'16"W 84.95• 4 5 EAST GALLATIN RIVER C Q. - o FIGURE 2: 1�� 11c. . . N ` \ 7 THE PROPERTY SPRINBNILL ROAD C c 1 O.RC By �� n 1 \ ♦ O`N 0 e ` 11 to12 13 O 14 15 h 1817 �+ !'\ I NGMR1 Rd1p 18 COUNTY IV EA. 20 I 'Q By PI ITHM 19 21 938.12 TO W.0 614 91'TO,N.C. I 77379' 1091.21 2 764.91' N 89°39 17"W W. —W.C. 18S6J2' SW COR. sec.23 W. (1.5 PIPE) \ (ten.z"PIPE wn+LUN Guidelines • 2 SAUNERS�UE \ I R�AGRES 3 \ 16 4 } i i 3.0 Design Principles and Key Character Elements 3.1 Natural Response to the Montana Landscape Any development of the site should be integrated into the rural landscape. Buildings should not exceed two stories and, in some cases,be limited to one storey, provide open views by other buildings to the Bridger Mountain Range and mountains to the south and west. Planting should be a natural extension of the existing vegetation in terms of type,placement,and function. Other landscape elements such as lighting, signage, and fencing should also blend into the overall site planning and provide a subtle but elegant appearance. Color selection should follow the earth tone palette that already exists on site. Grays, browns, and greens should be t emphasized in building exterior finishes. 3.2 Rural Homestead Character ,y The property has a dominant farmland character.There are two existing clusters of farm buildings,and cultivated land set against the natural backdrop of the East Gallatin River and the Bridger Mountain Range. The existing farm clusters can serve as a model to provide a variety of building types and scales following similar basic components. Shed roofs, gable ends, wood material, layout variation,limited floor areas,and height characteristics are some of the clues to a local set of common building design criteria. Other elements such as wood rail + fencing and ground-mounted wood signs, when integrated with informal planting patterns, further complement the local landscape. Curvilinear roadways that follow the flow of the terrain and vegetation also reinforce the existing Waal character. These curvilinear roadways will also help to slow local traffic and create an attractive variety of views and orientation. Parking areas should be divided into small groupings with planting islands separating sections I' to minimize undesirable large pavement spaces in the landscape. 3.3 Cluster Development A further important reflection of the existing rural homestead character is the clustering of K buildings in small informal groupings. Cluster development should be a key ingredient in the overall site planning of the property and is worthy of special note. The existing small farm building groupings again present a model to extend the existing farm landscape,creating a cohesive community identity,and to maintain a comfortable pedestrian scale in development. Clustering will also provide efficiency in servicing the land and will maximize the conservation jj of sensitive open space areas. Clustering can also reduce energy consumption and optimize microclimatic factors. '! 3.4 Farm and Natural Area Conservation It The conservation of a major portion of the existing farmland and floodplain area bordering the East Gallatin River is critical to the overall balance of development and open space.The open space resources will be used as active farmland in the form of pasture and cultivated fields, or `? in the case of the natural areas, for passive recreation. Any proposed roadways crossing these areas should create minimum disturbance. The proposed open space system will also perform the function of creating a buffer between uses while maintaining land use continuity with c adjoining ownership. (Figure 3) r Guidelines - 3 I f • • i s •r . -Mmm—mw�.. : fAja 3 NANO 4w AE 1/4N COAXORr AF DES'. w 0 200 fcd � \� 010�!Pv SPAGc. f s r. Guidelines •4 i ' i • d 4.0 Architectural Character 4.1 General Architectural Characteristics The architectural character of buildings should follow the form, materials, and clustering t patterns displayed by the existing farm clusters. (Figures 4& 5) Exceptions to the guidelines will be judged on the merits of building use, location, form, massing, landscaping,and ` orientation. 4.1.1 Height: The proposed buildings will be limited to a maximum height of two stories, with some areas limited to one storey to allow maximum views to the Bridger Mountain Range and mountains to the south and west. 4.1.2 Roof Design: It is also recommended that all buildings have angled roof planes( eg. a gabled roof,gambrel roof, etc.). Flat roof design should be avoided as it is not compatible with the existing farm architecture. Roof planes may be punctuated with windows and chimneys to reinforce the rural residential character. 4.1.3 Building Extension: An extension of the main building in the form of a porch or pedestrian arcade is also encouraged. This roof-covered enclosure is typical of many farm houses. The use of an exposed post and beam structure in the design will help to further echo the existing farm architecture. This design element provides necessary weather protection and a transition space to the outside. It also adds dimension and a more pedestrian scale to the building form and mass. 4.1.4 Floor Area:To foster the residential scale of proposed buildings and the clustering of buildings on individual parcels, a maximum ground floor area of 5,000 square feet is recommended as a guideline for different land uses. A maximum ground floor area of 10,000 square feet is recommended for buildings in the retail area adjacent to the North 19th Street Crossroad. 4.1.5 Setbacks: Prospective builders will be allowed to determine individual building setbacks within the parameters set out in the City of Bozeman Zoning Ordinance.These guidelines promote the clustering of buildings.At the same time, the builder should have due regard for access,parking,servicing,and landscaping requirements so that the development is compatible with adjacent site planning. Builders should note the 50-foot building and parking setback requirement of the Bozeman Master Plan under"Entryway- Class 1"along US Highway 10. 4.1.6 Materials:The dominant materials for exterior finishes should be wood and other natural materials.It is recommended that wood be used for siding and framing purposes. Wood roof shingles are encouraged, but are not required. Signage, lighting columns, doors,and other similar buildings elements should use wood as a central theme. 4.1.7 Orientation: Buildings and building clusters should maximize the panoramic view potential offered by the site to the Bridger Mountain Range. At the same time,building access should be coordinated and linked with other buildings in the cluster to promote unity and convenience. 4.1.8 Colors: The exterior building color selection should emphasize earth tones. Browns, grays,and greens should be the basic ingredients of the color palette. Other colors may be used for accent purposes, but must be limited to less than 15% of the building exterior. Guidelines - 5 t AP / - / III•�.:..�I��oP11��1 I I�I iil��r]����� -' _�/�����i�)1 -�. �!_ i�iii' ►ice �w �� N 42qoc — „ _ e-�. - i AZ4s' Guidelines a 7 On/ Go/►�iV ��fiy�t/G� �. 'r •Gail/�r/l/o�s5 OPF/ �LIP.� S YAeIAloit/ /1/ • - - G'GU57� �E7� . TOG 4:Gt P PA454,17 IN1140 70 u�& �TlJ �OGt/ 7,�A�lG lo 1WA11M/L0 vxxyoo L i � i Guidelines • 7 1 4.2 Retail Area Characteristics 4.2.1 The retail land uses on the site will be limited to approximately 9 acres located in the k southwestem corner of the site at the intersection of Springhill Road and US Highway 10. The north and eastern borders of the retail area will be defined by the proposed 19th Street arterial roadway. f 4.2.2 This retail location will provide convenient access from the major arterial roadways bordering the site. The proposed elevated 19th Street Crossroad connection to Springhill Road will help buffer the retail activity from the proposed office clusters on the property. At the same time,direct access to the principal office clusters to the east is proposed under the 19th Street overpass. This is a critical link in the internal roadway system of the site. 4.2.3 A total of 5 building parcels is proposed for the retail area. This is intended to allow for a variety of potential users including general retail uses,a gas station,a restaurant,and a grocery store. Buildings will be generally limited to a maximum ground floor area of 5,000 square feet to encourage clustering and a residential scale of building form and massing. Roadways and servicing easements have been provided to ensure adequate access to each parcel. Building footprints have also been suggested to promote the coordination of servicing,parking, and building clusters. (Figures 6a& 6b) 4.2.4 The retail area buildings should all have angled roofs typical of local farm buildings. j The extension of the buildings in the form of pedestrian arcades is also strongly encouraged to add weather protection, pedestrian scale, and design interest. Buildings will generally be limited to 1 storey,unless otherwise deemed appropriate by the Design Review Committee on an individual application basis. Special view structures and buildings bordering the elevated portion of the 19th Street roadway may be allowed more than 1 storey to permit views to the mountains. (See also General Architectural Characteristics, page 5.) 4.3 Office Cluster Characteristics 4.3.1 Office clusters will be located primarily in the southeast part of the site adjacent to US Highway 10. Two additional office cluster parcels are proposed to be located east of Springhill Road and north of the retail center. The southeastern office clusters are proposed to be accessed from Reeves Road and Highway 10. The other office clusters will be accessed directly from Springhill Road. 4.3.2 The office clusters should reflect the architectural character of the adjacent farm buildings. Therefore, office buildings should be limited to a ground floor area of 5,000 square feet to promote clustering and a general rural residential character.These guidelines encourage more than one building on an individual parcel. Common accesses to building clusters and separate small parking areas are also recommended to establish unity and a rural scale.Generally,buildings should be limited to 1 storey. Second floors may be allowed for those buildings bordering Highway 10 to provide views to the Bridger Mountain Range. (Figures 7a& 7b) 4.3.3 Office buildings should be oriented to maximize views, shelter entrances from the prevailing winds,and create a desirable pedestrian scale in the access areas. Variation in building footprint, angled roof planes and general massing is recommended to create interesting diversity as viewed from the adjacent roads and on site. Standard siting of buildings parallel to Highway 10 should be discouraged. The greater importance of relationships between building clusters, topography, and views should be emphasized. (See also General Architectural Characteristics, page 5.) Guidelines • 8 i` • r 4.4 Residential Characteristics 4.4.1 The residential clusters will be located in the areas bordering on the East Gallatin River in the northern portion of the property. The"pockets"of residential development have been carefully chosen to conserve the existing vegetation and to build outside the floodplain area The existing vegetation will act as natural buffers between residential t clusters. The residential building areas have been separated from the office clusters by the common open space and a general elevation change created by the bench area. 4.4.2 The residential clusters are proposed to be divided into estate lots(detached units); and threeplexes and fourplexes(attached units). The estate lots are to be located in the central eastern section of the site. The size and design of the lots appropriately blend into the adjacent agricultural landscape. The cluster of 5 estate lots is connected by a proposed local roadway to Highway 10 and Springhill Road. 4.4.3 The threeplex and fourplex lots are located in the northwestern section of the property. The units should be nestled into the adjacent vegetation where appropriate to enhance privacy and direct access to nature. The units should have a variety of setbacks and configurations to create interesting building forms, provide massing,and maximize views. The proposed access will link these residential units to Springhill Road and Highway 10. I (Figures 8a& 8b) 4.4.4 Building sites must be selected to maintain privacy, fit into the natural contours and vegetation of the area, and prevent obstruction of views from neighboring sites. The residential buildings should follow a rural residential character with a maximum allowable height of two stories. Single-storey residences are generally recommended to best blend into the existing landscape. The attached units located along the east side of the northern cul-de-sac are especially recommended to be one storey. This would allow open second- storey mountain views to those attached units located west of the roadway.The general guideline for maximum ground.floor area is 5,000 square feet for each building to encourage clustering and maintain the smaller scale rural character.The attached units F should appear as large ranch houses with a variety of angular roof planes and building forms nestled into the landscape. (See also General Architectural Characteristics,page 5.) j f ' t, �1 i s , I Guidelines - 9 I 1 Add y �.� PL.gNN/N� S7GTL/K onto tic ., k. oil to�'3 10 So\ �s AaT Guidelines • 10 - I J r IR,,,Ir+',,..� �ui�►.�'1iU � Qi��1►�1tU1'� `�) n� =� ON pre Jill WN ' tea. ��((.s• � r--' � 1�1+ mi...,-��' � a f Isis fill S , .�' ' or: r / 1 i ' . •, r IVY t m a .s , •�,e��u� 5�rr��rra s���� u��r5 s. �/aaf�o����ya�- vow�orn�ars •� , do s3d •Guisr �svr�-�cr�vG� f� aw;i� hor,�57�r� loloqUK46 727 5172r 1?-"IllHq �`�� �� � t�s-1! � and • . : . . . i i { , f i i Guidelines • 12 f r � s AWAWWAV :.;'I���q ��'''I'��I'���I -� = '�=` '��: ,�� `� �! .;,�'.;;. :,,,;,.�•;y� �11�1111�� ,jll��!��. � �li�� 3 1M r , , / _ •�1� • .ram. I I •r 1 f9 / _ e / O� ol b �zu !L`�l_^.��•rt+t�7=Tam. '�1��II��.c'.�:�'I .I �:..� -...�. IW nu��l LI!. .jl) � 1 I[J� �I y.1.J� � �•I� ,� � I �r a I 5.0 Landscape Elements 5.1 General Landscape Characteristics Landscape development of the property should focus on the extension and enhancement of the existing landscape.The planting and roadway development should harmonize with the unique natural and agricultural patterns of the property. A significant portion of the property is proposed to be conserved as active farmland and passive recreation lands. This open-space system is to maintain the open rural character, create continuity with adjoining land uses, and buffer proposed land uses within the site. Emphasis should be placed on maximization of open views, informal planting to enhance existing vegetation,and colorful planting for accent. Signage, fencing, and lighting should use wood as the dominant material and be designed for a comfortable pedestrian scale. 5.2 Farm and Natural Conservation Areas 9 These designated areas should be exclusively reserved for farmland or passive recreation purposes. Minimum alteration should be allowed by any roadways or pathways that are proposed to traverse this land. Otherwise, no development should be permitted unless it is directly related to the farm or passive recreation uses. (See Figure 3, page 4, for general recommended locations of open areas.) 5.3 Roadways Roadways should follow the natural flow of the landscape. The proposed curvilinear roadway system should follow the edges of the wooded and natural areas as much as possible to emphasize the landscape character and minimize visual disturbance.The curvilinear roadway form is also intended to create a variety of views and slow local traffic. Roadway standard design should conform to the Bozeman Area Subdivision Regulations(Gallatin County Version)or subsequent regulatory requirements. (See Figure 3,page 4, for general recommended road layout.) 5.4 Planting 5.4.1 The proposed planting for the Walker Property site should generally follow informal patterns,with the exception of the retail center area.The informal planting should reflect the existing vegetation patterns on site. These guidelines apply to the residential clusters that will border the natural areas along the East Gallatin River and the office clusters proposed in the bench area. Informal planting should generally be used on the balance of the property to shelter and accent the proposed office and residential clusters. 5.4.2 More formal planting is recommended in parts of the retail center area. Formal street tree planting should be encouraged along the access roadways to create a distinct and continuous streetscape. This formal tree planting will not be entirely foreign to the rural landscape as many farms have linear rows of trees that border their entry lane or hedgerows that act as windbreaks or delineate their property boundaries. This formal planting can be supplemented by more informal groupings on individual parcels where space permits. Parking areas should also be punctuated by at least one tree for every 10 parking spaces to divide and green the parking areas. 5.4.3 The remaining farmland and natural areas should not be altered.The farmland should 1 retain its open character,and planting should only be used to soften the integration of proposed buildings into the existing landscape. Guidelines • 16 I: ,1 5.4.4 Plant materials should be selected on the basis of size,shape; color, and species that are hardy and appropriate to the location. Prospective builders should use a combination of trees, shrubs and groundcovers to achieve depth and richness in the landscape. This technique should contribute to the pedestrian scale of site planning,especially in entryway and highlighted areas. Shrubs and groundcovers can also complement and help blend signs ,l and lights into the landscape. Wildflower seed mixes can also add a natural color accent at entranceways and at the base of signs. These planting techniques will contribute to reducing maintenance costs. (Figure 9) 5.5 Landscape Buffers 5.5.1 The building and parking setback along Highway 10 is part of the"Entryway- Class 1"requirement for Highway 10 under the City and County of Bozeman Master Plan. This 50-foot buffer space should be appropriately landscaped to define a green gateway to the City of Bozeman. It is recommended that selective informal planting be used to delineate the corridor and frame views to the Bridger Mountain Range and mountains to the south { and west. The corridor should also retain its general open character and continuity with the rural landscape. Care should be taken to limit plant height in specific access areas and at the major Springhill Road intersection for driver safety. 5.5.2 The embankment of the proposed 19th Street arterial roadway should provide an opportunity to add a green backdrop to the retail center and office clusters. It is recommended that low shrub planting and wildflower seed mix be used to maintain views and add a richness of color to the area. The embankment planting can also significantly contribute to the gateway effect at the proposed 19th Street overpass. 5.5.3 Necessary buffer areas between residential or office clusters should not be overlooked. In the residential areas,additional buffering may be accomplished by extending the existing wooded area patterns with coniferous tree accents. In the office clusters, mixed informal planting should be used to buffer parking and service areas. ,3 i Guidelines - 17 '!i i flier. \� D ��►' '' � '��III Im!� �!,, I, �; I� � � , ��� �,;, y'� .� ��� ,I�;� � � ► ,�I � , I,I. I II .II I� :� .� � � I. � . �►� �III ► � , � � ���� � �!� � : � . ��I � f►. •I o •• ' i. � r , L 6.0 Parking and Access 6.1 Parking areas should be divided into small units(20 spaces maximum)where possible to minimize the amount of paving area. Planting is encouraged around all parking areas to screen the cars and create a continuity of green space throughout the developed areas on the property. Access points to each parcel should be carefully selected to minimize safety problems and maximize convenience. These access points can be accented with subtle ground-mounted signs and complementary planting. Coordination of access points between parcels is also recommended to promote clustering and reduce road requirements. j6.2 Parking in the residential/office clusters should be located at the end of the units or where fewer windows are located to reduce visual impacts. Servicing areas in the office clusters and retail center area should also be sheltered from view and generally be located to the rear or side �> of the buildings. (Figure 10) 6.3 The exception to small parking units will be the retail area where efficiency and ease of access will require larger parking areas. Landscaped boulevards and selective tree planting will Y be required to reduce the visual impact of these larger parking lots. 7.0 Signage, Fencing,and Lighting Signage, fencing,and lighting will be very important design elements in developing the overall Waal character of the Walker Property and will make a major contribution are in the office clusters and the retail center. (Figure 11) The coordination of these elements is critical. I^ 7.1 Residential Signage The residential clusters should only require street signs and,possibly, entry signs.These s private elements should be ground-mounted wood signs that conform to county standards. All lighting should be limited to unit lighting to maintain a low-key rural orientation and minimize light pollution. Fencing should be generally limited to animal enclosures to retain the openness r of landscape. Perimeter fencing is strongly discouraged. 7.2 Office and Retail Signage 'i r 7.2.1 In the office clusters and the retail center,signs should be ground-mounted with a surface area not exceeding 24 square feet for individual parcels. Collective signs are encouraged to limit the number of signs and should not exceed 40 square feet. 7.2.2 Building signs should be limited to a signage area or strip that is continuous on the building front. Individual store signs should be limited to 20 square feet. It is further recommended that this area be below, or in line with, the major roof line. 7.2.3 It is preferred that all signs be of wood and that direct lighting be used to highlight specific information. Light boards and neon lighting should be discouraged as these lighting types detract from the design emphasis on more natural and selective lighting effects. All signs should otherwise conform to the standards of the City of Bozeman Sign d Code. 7.3 Fencing should generally follow a traditional wood rail design that is typical in the Bozeman area landscape.Where chainlink security fencing is required,the chainlink should be coated with brown plastic and supplemented with planting to minimize the visual impact. Guidelines • 19 7.4 Lighting should generally be limited to pedestrian scale lighting(eg. 12'to 15'standard or Y bollard lighting). The exception in this case is the retail parking areas where a larger 60' lighting standard might be required for proper access and parking safety purposes. Lights must be energy efficient and designed to shed light only where needed, to avoid unnecessary light pollution. 7.5 Site furniture such as benches and flower pots are especially encouraged in high pedestrian traffic areas. These elements should be coordinated with lighting and signage where possible. 8.0 Revision Any revision to these architectural and landscape guidelines must receive approval of a majority of the Design Review Committee,a majority of members responding to a call for a vote regarding such revision,and the Bozeman City Commission. Y 1 l • S Guidelines • 20 i gill I , so QV mono Q� i i .I 'I VI I � 11l a IIWAIWIUIIIIII��. �- 1�►�I �II,���I►�����;,���I�I��►�.��. -- v ' • e '��"i��4111h',;i,li�;!i�llllllllligll p IIIII� lip^ �����IgIUN��IIIIIIIIuiioVllu���iuIIIIIIIIIIII�iI�IIIPIIU'' • � uu,umupnlllum� poi�m� — �auuaV��' vffl • WALKER PROPERTY � Bozeman, Montane j I �,�,,� ,,�eh�-c-e� ��- S - q f i Walker Property A Planned Unit Development Bozeman, Montana • Developers: Susan R. Taylor Beatrice R. Taylor i• . Land Use Planners: Design Workshop, Inc. M.A.von Hausen Engineers: Gaston Engineering • Architect: Nick Fullerton Architects Contents • Introduction • Summary of Submittal Requirements for Improvements . Declaration of Restrictions and Protective Covenants Articles of Incorporation By-laws General Architectural Character and Landscape Guidelines • • • • • 0 Introduction • The land referred to as the Walker Property in these documents consists of 117.57 acres north of Bozeman owned and being developed by Susan R. Taylor and Beatrice R.Taylor. The owners have presented a Planned Unit Development which will maintain the aesthetic integrity and scenic value of the property while providing a range of neighborhood services and a limited number of single-and multi-family homesites in a fast-growing area of Gallatin County. Residential sites have been located among stretches of brush created by • ancient oxbows of the East Gallatin River;a modest office complex will allow easy access to Bozeman and to Gallatin Field;and a retail complex will provide a variety of conveniences for residents and visitors to Bozeman. Care has been taken to preserve large tracts of open space and wildlife habitat for the passive enjoyment of future generations. The land has been painstakingly planned and engineered by professionals to allow the • proposed uses with a minimum impact on the land. The suggested density mix is low in response to the natural habitat and a desire on the part of the developers to maintain a rural atmosphere. Lot lines and roadways have been located'in response to natural features and contours. In anticipation of the new Zoning Ordinance,the developers had informal meetings with the • Development Review Committee,the Design Review Board,and various City and County officials. The intent of the Bozeman Area Master Plan has been observed and embraced, insuring an attractive entryway to the City,with guidelines for development exceeding those required by governmental authorities. The proposal has recieved preliminary approval from the Gallatin County Board of Commissioners and the Bozeman City Commission. � • i Swat-, � Teti • October 1, 1991 • • • Summary of Submittal Requirements for Improvements for the Walker Property • Any individual or entity wishing to build or alter any building, stricture, landscaping,natural vegetation,parking area, fence,or other improvement on any lot within the Walker Property must first submit a formal application to the Walker Property Design Review Committee("Committee") for review and written approval. All activity requiring the approval of the Committee must be • completed in substantial compliance with the plans and specifications approved by the Committee. Five sets of plans shall be submitted for review. Following approval, one copy will be maintained on file and the rest returned to the owner. Plans submitted for review shall include: (a) site plan with main building(s), outbuildings,parking areas, driveways,exterior garbage containers, fences,and any additional improvements clearly marked; • (b) floor plans; (c) exterior elevations, finish materials,and color samples;and (d) landscape plan,irrigation plan, and plant list. In considering applications,the Committee shall abide by restrictions and responsiblities outlined in the By-laws and use in its evaluation the General Architectural Character and Landscape Guidelines. • The Committee shall not be responsible for reviewing the structural safety, engineering soundness, or conformance of any improvements with building or other codes, nor shall the Committee be held liable for any damages which may result from Committee action taken pursuant to these covenants. An on-site visit will be conducted by the Committee to verify that the proposal has no negative • impact on other property owned by other Association members. Upon written approval of the Committee, plans may be submitted,as approved,to the appropriate City and County agencies for review and approval in accordance with regulations governing the property at the.time of submittal. • • • i Declaration of restrictions and Protective Covenants I e i • i i • Table of Contents Pane i 1.0 Setbacks&Easements . 2 2.0 Land Uses 2 • 3.0 Conditions&Restrictions 5 4.0 Walker Property Owners Association 8 5.0 Design Review Committee 9 6.0 Amendments 12 • • �I i I i • • DECLARATION OF • RESERVATIONS AND PROTECTIVE COVENANTS THE WALKER PROPERTY A PLANNED UNIT DEVELOPMENT GALLATIN COUNTY,MONTANA • Susan R. Taylor and Beatrice R.Taylor,hereinafter named as Declarants,being the owners of all of the privately-owned land included within the boundaries of the herein described subdivision,hereby adopt the following Declaration of Reservations and Protective Covenants for the Walker Property for the benefit of the owners and to protect the aesthetic value of said land. Declarants also hereby establish a Walker Property Owners Association,hereinafter referred to as"Association'and a Design Review Committee, • hereinafter referred to as"Committee",both hereinafter defined. The following Declaration of Reservations and Protective Covenants of the Walker Property Owners Association shall be binding upon and inure to the benefit of all those certain lots of land described as the Walker Property and also shown as a portion of Tract 1 of Certificate of Survey No.1498 and Tracts 2, 3,and portions of Tracts 1 and 4 of Certificate of Survey No.1498B, situated in the NE 1/4 and SE 1/4 of Section 26 and the SW 1/4 of Section 25, T1S, RSE, PMM, Gallatin County,Montana. These Covenants replace the Declaration of Covenants and Restrictions filed August 17, 1990, film 112, pages 1265& 1266, in the Clerk&Recorder's Office,Gallatin County, Montana, Declarants being sole owners of properties covered by such covenants. • 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. r 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 to restrain violation of the covenants,to recover damages, or both. In .the event of any action to enforce these Covenants the prevailing party shall be entitled to actual costs incurred and to reasonable attorney's fee as set by the Court. Any lot owner, Declarant,Committee,or the Association may enforce these Covenants. For purposes of this document,each unit owner of a multi-family unit located and constructed on Lots 2, 3, &4, Block 1 shall be considered a separate lot owner. The failure by the Declarant, the Association,or of any 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 way 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 lot 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, covenants,and by-laws herein contained without setting forth such restrictions and covenants verbatim or in substance in said deed. However,all of the Declaration- 1 i above-described real property and lots shall be subject to the restrictions, covenants,and by-laws set forth whether or not there is a reference to the same in a deed of conveyance. 1.0 Setbacks and Easements 1.1 A 50-foot landscape buffer strip easement along U.S. Highway 10 will be maintained as described by the 1990 Bozeman Area Master Plan Update and/or its future amendments. 1.2 A 1-foot no-access strip will be located within the 50-foot setback along the north side of U.S.Highway 10 and along the east side of Springhill Road in recognition of the fact that both are limited-access arterials. Not included in this restriction are accesses previously granted by the Montana Department of Highways or the Gallatin County Road Office. Such accesses may be built as needed or relocated with permission of the authorities involved. No additional accesses will be obtained. 1.3 A 35-foot wide stream setback shall be maintained along the East Gallatin River. Additionally,a 100-foot wide habitat preservation setback shall be maintained along all river frontage. No building(principal or accessory structure)or improvements may be made within this setback without written permission of the Montana Department of Fish, Wildlife and Parks. The 35-foot wide stream setback shall be included within the boundary of the 100-foot wide habitat preservation setback. 1.4 Easements for utilities exist along the north side of Highway 10, the east side of Springhill Road and along all interior roads. 1.5 An easement will be reserved on the southwest corner of Lot 4, Block 4 for the construction of a ground-mounted directory sign. Said sign will be subject to approval by the Committee and the appropriate governing bodies. 1.6 No dwelling or improvements,-nor any material, equipment, or refuse shall be placed on any part of said property within the area of the easements reserved as indicated on the plat of the property filed in the office of the Clerk and Recorder of Gallatin County ` Montana,or the easements reserved and created in these Protective Covenants. 2.0 Land Uses 2.1 Residential Lots • 2.1.1 One single family dwelling, i.e. one living unit in a single building, per lot may be constructed on Lots 5, 6, 7, 8, & 9, Block 1. 2.1.2 Lot 3 of Block 1 shall be limited to a maximum density of four(4)dwelling units. Lots 2&4 of Block 1 shall be limited to a maximum density of eight(8) dwelling units per residential lot, except that the density for Lots 2&4 of Block 1 may be combined and/or redistributed on the combined lots with a total density of sixteen (16)dwelling units. Utilization of this option will be subject to review by the City of Bozeman Design Review Board. If all 16 units are built on Lot 2, Lot 4 may not be developed and a"no structure"restrictive covenant for Lot 4 must be filed at the Gallatin County Clerk and Recorder's Office. 2.1.3 In addition to the dwellings, there may be added private garages and outbuildings incidental to the residential use of the premises. Any buildings and improvements must Declaration - 2 • i be approved by the Committee and comply with applicable City and County regulations. • 2.1.4 No building can be used as a dwelling until it is completely enclosed and the roof is on. 2.1.5 No residential building lot shall be used as a location or site for the conduct of any commercial or industrial enterprise'or activity,with the exception of"cottage industries"or home businesses which may be permitted provided there are no signs or external evidence of a commercial venture. 2.1.6 Builders of residential buildings with river frontage must also undergo review by the Montana Department of Fish,Wildlife and Parks for siring of all residential buildings prior to issuance of building permits. 2.2 Office Lots-Zoned R-O Lots 1, 2, & 3 of Block 2;Lots 1, 2, & 3 of Block 5 Permitted and Approved Conditional Uses: Business and professional offices • Community social center Churches Day care center Dwelling units on second storey Health and exercise/frtness center Medical offices Photographic studio Restaurants Tennis and racquet club Fences, signs, refuse containers Parking areas Private garages for offices and apartments Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3 Commercial Lots-Zoned B-1 Lot 1 of Block 3; Lots 1, 2, 3, &4 of Block 4 2.3.1 Permitted and Approved Conditional Uses: Churches Dwelling units on second storey Personal and convenience services to include: Automatic Teller Machine Barber shop Beauty parlor Car wash(single bay) Community center or meeting hall Convenience food restaurants Dancing, music, or theatrical studios Day-care center Dry cleaning and laundry establishment for drop off/pick up service Health and exercise/fitness center Laundromat,self-service Declaration- 3 Medical, dental,or health clinic Photographic studio Restaurants • Restaurants serving alcoholic beverages Shoe repair and shoe shine store Video sales and rental Watch repair shop Professional and business offices Retail uses to include: Antique shop and service Apparel and accessory shop Art gallery Art supply store. Audio-visual equipment sales and rental Bakery for on-site sales, less than 4,000 square feet Bicycle sales, service,and repair shop Book and stationery store Candy and frozen-dessert store Computer store Convenience food store with gas pumps Delicatessen and catering establishments Drug store Dry goods and notions store Florist Garden supply store, indoor sales only Gift shop Grocery stores including retail markets and produce store Hardware store Hobby shop Jewelry and metal craft shop Leather goods and luggage shop Liquor store Music and instrument sales, service, and repair shop Newspaper and magazine store Photographic equipment and supply store Picture frame shop Shoe store Sporting and athletic goods store Toy store Variety store Other small retail uses similar to those listed above Tennis and racquet club Fences, signs, refuse containers Accessory structures Temporary building and yards incidental to construction work Parking areas as required Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3.2 Following approval by the Committee, developers of commercial lots must • present plans for site plan review per the Zoning Ordinance of the City of Bozeman. Any subdivided lot will also be reviewed against the Bozeman Area Subdivision Regulations in effect for the area at the time of application. Declaration -4 2.3.3 The total maximum gross floor area for all lots combined on Blocks 3 and 4 is limited to 57,500 square feet. 2.3.4 The maximum gross floor area for each commercial structure on Lot 1 of Block 3 and Lot 4 of Block 4 is limited to 5,000 square feet. 2.3.5 The maximum gross floor area for each commercial structure on Lots 1 & 2 of Block 4 is limited to 5,000 square feet, except that,utilizing zero lot lines, one structure on Lots 1 and 2 combined will be allowed with a maximum total gross floor area of 10,000 square feet; and one structure on Lot 2 will be allowed with a maximum total gross floor area of 10,000 square feet. 2.3.6 The maximum gross floor area for each commercial structure on Lot 3 of Block 4 is 5,000 square feet, except that,adjacent to the North 19th Crossroad,one structure will be allowed with a maximum footprint of 10,000 square feet and a maximum total gross floor area of 15,000 square feet. 2.3.7 In a structure that exceeds 5,000 square feet, the maximum floor space for any one commercial activity may not exceed 5,000 square feet. 2.4 Open Space 2.4.1 Lot 1, Block 1 has been set aside as non-developable open space which is owned solely by Declarants or their assigns. Said lot will be left in an unimproved condition for wildlife habitat. Therefore, owner of said lot shall not be considered as a lot owner for purposes of this document and shall not have voting rights nor be be subject to assessments by the Association. 2.4.2 Lot 10, Block 1 has been set aside as open space which may be used as pasture, with perimeter fencing as approved by the Committee,but such lot is owned solely by Declarants or their assigns. If Lot 10 is used for the pasture of animals, construction and maintenance of fencing of said property shall be the responsibility of the owner. 2.4.3 All land not platted as a lot or granted for easement purposes shall be designated as commonly-owned Open Space and shall be conserved as active farmland and/or passive recreation land for the benefit of the property owners. This communal land is set aside and preserved from all future development. Regulations determining its use shall be the responsibility of the Walker Property Owners Association,Inc. 3.0 Conditions and Restrictions 3.1 Utilities Declarants will provide underground electricity, natural gas,telephone,TV cable,and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, television,and telephone services to the residence,business,or place of use from the primary line. All utilities shall be underground. No additional fuel storage nor communication antennae will be permitted without the permission of the Committee. A satellite dish/television cable system shall be installed by the Declarants for the communal use of the Association. Maintenance and subsequent changes in equipment provided shall be the responsibility of the Association. Declaration- 5 3.2 Materials and Waste The storage of supplies, equipment,boxes, refuse, trash, materials, machinery, or machinery parts that would detract from the aesthetic values of the property shall be placed and stored in buildings for that purpose. Each lot owner shall provide suitable receptacles for the containment and collection of trash and garbage, which must be enclosed,screened, or otherwise unexposed to public view. There shall be no incineration or burning of garbage, trash, or other waste or debris on any building lot. 3.3 Vehicles No vehicles, mobile homes, recreational vehicles, campers,boats, snowmobiles,trailers, construction equipment, farm equipment, or similar large equipment shall be kept on said lots except those housed in a suitable structure or with adequate screening as approved by the Committee. 3.4 Animals 3.4.1 Ordinary household pets belonging to the owners will be allowed, but no commercial breeding or raising of domestic animals is permitted. If a particular animal or animals becomes a nuisance to livestock,wildlife,property, or other owners,the Association shall have the authority to require that the same be kept tethered or confined on the owner's property. Location of kennels or other facilities for the keeping or retention of animals shall be restricted to areas approved by the Committee. 3.4.2 A reasonable number of livestock will be permitted on Lot 10,Block 1 as long as such animals are not subjected to inhumane or abusive treatment, do not pose any threat to wildlife,and do not constitute a nuisance to owners of other lots or their property. The Association shall have the authority to limit livestock as its membership deems appropriate. 3.5 Vegetation 3.5.1 There shall be no cutting, removal, or voluntary destruction of timber or vegetation located on the premises except: • to the extent necessary and approved by the Committee to enable the building of structures and improvements on a building site; • landscaping; • removal of dead or diseased trees and noxious weeds; or • the maintenance or establishment of approved roads, streams, driveways, or ponds. 3.5.2 Due to the need for wildlife habitat, no vegetation or deadfall shall be removed within the 100-foot habitat preservation setback along the East Gallatin River without prior approval of the Committee and the Montana Department of Fish,Wildlife and Parks. 310 Permits and/or Floodplain Development Permits are required for any construction within the East Gallatin River or the 100-year floodplain boundary. 3.6 Weeds Weeds in the common open space will be controlled by the Association according to the weed control plan approved by the County Weed Control Board. The owner of each lot shall control the weeds and all noxious plants on owner's lot provided, however, that Declaration • 6 • owner shall not use poison harmful to humans or animals or to the enjoyment of the occupants of adjoining property. In the event the owner fails to control the weeds or 0 noxious plants, the Association may cause the weeds or noxious plants to be controlled, and may assess the lot owner for the costs thereof. 3.7 Landscape Buffer Strip 3.7.1 An overall landscapeirrigation plan for the 50-foot landscape buffer-strip 0 easement, provided by the Declarants,will be used as a benchmark for assessing landscaping during the review process by the Committee, the City of Bozeman, and/or Gallatin County. 3.7.2 Owners of lots which include land designated as a"50-foot landscape buffer-strip easement"along Highway 10 must make improvements to the buffer strip as a condition of receiving a building permit for said lots and must maintain said buffer strip to standards required by the City of Bozeman for an entryway corridor. . 3.8 Roads i Declarants will install all subdivision roads to County specifications within the dedicated 60-foot public right-of-way, and the roads shall be owned and maintained by the Association. Campbell Road, Gibson Road and Kean Road shall be of gravel; Reeves Road and Enterprise Road shall be asphalt. Subsequent improvements and/or upgrading or resurfacing of roads shall be the responsibility of the Association. Year-round access will be maintained on all roads. 3.9 Fire Protection Subdivision roads must be clearly marked to assist fire suppression. All homes and businesses will be assigned an address number and said number must be clearly displayed on the residence, commercial structure, or office building. 3.10 Nuisance 3.10.1 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. 3.10.2 No excessive noise shall be permitted upon any portion of privately owned property or commonly owned open space which may be or may become an annoyance or nuisance to that neighborhood. 3.10.3 In the event that dust generation on gravel roads becomes a problem,the Association shall pave.said road(s)or take other measures to minimize dust generation from roads. 3.11 Historic Buildings Buildings which are designated as Historic Buildings by the Historic Preservation Society may not be removed unless prior notification of intent has been made to the Museum of the Rockies,the Gallatin Historical Society,and the Montana Historic Preservation Society, giving these organizations an opportunity to remove and/or relocate said buildings. Declaration - 7 13.12 New Structures 13.12.1 The size, height,and appearance of buildings, signs, parking areas, fences, and landscaping are subject to review by the Committee and are governed by the Walker Property General Architectural Character and Landscape Guidelines and by all covenants pertaining to the Walker Property and by applicable City of Bozeman zoning regulations. 13.12.2 No temporary structures will be permitted on any lot except that one temporary O building may be used on any lot during the course of continuous construction, not to exceed eighteen(18)months from start of said construction. 3.13 Subdivision No lot in Walker Property may be subdivided except that commercial Lots 2&4, Block 4 may be subdivided into no more than two(2) lots and commercial Lot 3,Block 4 may be subdivided into no more than three(3) lots. The owner of each resulting lot shall be deemed a lot owner for the purposes of these Covenants. Future subdivision of any lots will be processed and reviewed against the Bozeman Area Subdivision Regulations and the Bozeman Area Zone Code in effect at the time of application. 3.14 Responsibility All lot owners shall be responsible for performing or complying with all obligations under these Covenants. Should a lot owner lease his or her lot,both the lot owner and the tenant shall be jointly and severally responsible for performance and compliance with these Covenants. 4.0 Walker Property Owners Association It is the intention of the Declarants that a nonprofit corporation to be called Walker Property Owners Association,hereinafter referred to as"Association',will be formed by the owners • of the various tracts within the subdivision to: • serve the subdivision for the benefit of the subdivision and the owners of the individual lots; • care for,protect, and maintain the roads and other beneficial structures; •preserve the wildlife and rural environment; •operate and maintain a local cable television system; • operate and maintain a sewage disposal system accessing the City of Bozeman sewer line to the Waste Water Treatment Plant; •administer all matters regarding surface water rights •administer the weed control program as approved by the Gallatin County Weed Control Board; •provide other services,capital improvements, and amenities as deemed beneficial by members; and • determine, levy,collect, and enforce annual and/or special assessments. 4.1 Membership 4.1.1 Every owner of a lot which is located on Walker Property subdivision shall be a member of the Association with the following exceptions: Declaration• 8 e r 4.1.1.1 Lot 1, Block l.has been set aside as non-developable open space, and owner of said lot shall not be considered as a lot owner for purposes of this document. 4.1.1.2 Block 6 has been designated for Highway Right-of-Way for construction of the North 19th Street Crossroad, and owner of said lot shall not be considered as a lot owner for purposes of this document. • 4.1.2 In addition, each unit owner of multi-family units located and constructed on Lots 2, 3, &4, Block 1 shall be considered a separate owner and a member. When the terms "lot"or"lot owner"are used hereinafter, they shall refer to both lot and unit owners. After one or more units have been constructed on a multi-family lot, the owner of such specific lot shall no longer be a member. 4.1.3 "Owner"shall refer to the owner of record, whether one or more persons or entities, as indicated on the recorded deed. 4.1.4 If an owner holds more than one lot, that person shall be considered a member for each lot held. 4.1.5 If a lot is subdivided, each resulting lot owner shall be a member of the Association. 4.1.6 Each member shall be entitled to one vote for each lot owned. Members may cast a vote either in person or by written proxy filed with the Secretary. When more than one person holds an interest in any lot, all such persons shall be members but may cast only one vote per lot. The vote for such lot shall be exercised as they among themselves determine,but in no event shall more than one vote be cast with respect to any lot (except in the case of multi-family dwelling lots). 4.2 Assessments The Association shall have the right to determine, levy, collect,and enforce annual and/or special assessments as stipulated in the By-laws of the Walker Property. All annual and/or special assessments for each lot shall be paid when billed. 5.0 Design Review Committee 5:1 A Design Review Committee, hereinafter known as"Committee", will be formed consisting of five members whose function will be to review and approve plans, specifications, designs,sites,and locations of structures and other improvements to be constructed or erected on any lot. The Committee may make such reasonable rules and by- laws and adopt such procedures as it deems necessary to carry out its functions, consistent with the provisions of the Association By-laws. 5.2 Owners wishing to build or alter any building,structure, landscaping,parking area, fence or other an on improvement lot must first submit for Committee review and written P Y approval all building and site plans and specifications and such other information as the Committee may reasonably require. All activity requiring the approval of the Committee must be completed in substantial compliance with the plans and specifications approved by the Committee. Declaration 9 • 5.3 In considering applications, the Committee shall use in its evaluation the Walker Property General Architectural Character and Landscape Guidelines,and shall take into consideration the aesthetic aspects of the architectural designs,placements of buildings, landscaping,exterior finishes, materials and similar features,and the overall benefits to the surrounding area. It shall not be responsible for reviewing structural safety, the engineering soundness,or conformance of any improvements with building or other codes, nor shall its approval of any plans and specifications be deemed approval thereof. i 5.4 Committee approval will be required before plans are submitted to the Bozeman City- County Planning Office for site plan review against the City of Bozeman Area Zoning Ordinance and Bozeman Area Subdivision Regulations in effect at the time of site plan application and review. 5.5 The Committee or the individual members thereof may not be held liable by any person for any damages which may result from Committee action taken pursuant to these covenants • including,but not limited to, damages which may result from correction, amendment, change,or rejection of plans, the issuance of building permits, or any delays associated with such action on the part of the Committee. 5.6 At least two of the five members of the Committee shall be members of the Association or persons representing the Declarants, and at least one of the members must have professional qualifications in the area of architecture, design, land planning, or landscaping. Initially,and until such time as one-half(1/2)of the lots have been sold,Declarants shall retain the right to appoint all members to the Committee. Thereafter,and until such time as three-fourths(3/4) of the lots are sold, Declarants shall retain the right to appoint two members of the Committee, and three members will be voted upon by the Association. Thereafter,Declarants shall retain the right to appoint one member of the Committee,and four members will be voted upon by the Association,until such time as the Declarants choose to relinquish their power of appointment and allow the Association to vote for all five members of the Committee. 5.7 If no successor is appointed on or before the expiration of an individual membees term, said member shall be deemed to have been reappointed for another term. On the death or • resignation of an individual member,a replacement to complete the unexpired term shall be selected by the remaining members of the Committee. 5.8 The Committee shall have the authority to: • require siting of buildings and improvements as in its discretion best suits the • requirements of the site and does not interfere with privacy and rights of neighboring landowners; •approve all fencing plans and outdoor lighting; • require sufficient landscaping and watering capabilities; •maintain the intent of General Architectural Character and Landscape Guidelines; • reject materials, designs, or colors submitted with plans or the plans themselves if they are not compatible, or are inappropriate, in the opinion of the Committee, with the rest of the subdivision or the Walker Property master plan; •to grant variances where, in its discretion,it believes the same to be necessary and/or where the same will not be injurious to the rest of the subdivision; • require reasonable fees to be paid with the submittal of plans and specifications; and • enforce these covenants in any court of law or equity when it reasonably believes the covenants have been violated. r Declaration • 10 • 5.9 In addition to the Walker Property General Architectural and Landscape Guidelines, the Committee shall be governed by the following general guidelines in its consideration of plans and specifications submitted for its approval: 5.9.1 The Committee shall recognize that all property and all improvements within this subdivision must combine harmoniously with one another and not be inconsistent with the development of the entire project so as to maintain a uniformity of value and quality throughout the subdivision. .No plans or specifications shall be approved which will be so similar or dissimilar to other improvements or structures that monetary or aesthetic values will be impaired. 5.9.2 In considering any plans or specifications, the Committee shall examine the suitability of the same to the site. 5.9.3 All plans and specifications shall be in full compliance with all of the teams and provisions of these Covenants, except for any variances which may have been granted by the Committee for such plans and specifications. j5.10 Review Procedure 5.10.1 Five sets of plans will be submitted for review. Following Committee approval, one copy will be maintained on file and the remaining copies will be returned to the owner. Building plans submitted for review will include: • site plan with main building(s), outbuildings,parking areas, driveways, exterior e garbage containers, fences,,and and any additional improvements clearly marked; • floor plans; • exterior elevations, finish materials,and color samples; and • landscape plan, irrigation plan, and plant list. • 5.10.2 An on-site visit will be conducted by the Committee to verify that the proposal has no negative impact on other property owned by other Association members. 5.10.3 In the event the Committee fails to approve or disapprove completed,detailed plans submitted to it within forty-five(45) days, no further approval shall be required and this requirement for Committee review shall be deemed to have been fully complied with. No deviation from plans approved by the Committee or through tacit approval owing to a forty-five(45)day lapse of time shall be allowed without such plans being resubmitted for approval. 5.11 Construction Timetable • 5.11.1,Construction of approved plans must be commenced within twelve(12)months of approval or new approval must be obtained,unless specific written extension is granted by the Committee. I 5.11.2 Construction shall be completed on the exterior within one hundred eighty(180) days of start of construction unless a variance has previously been granted by the Committee. Final interior construction shall be completed within eighteen(18)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 Committee is required. This shall apply as a variance to the one hundred eighty Declaration • 11 (180)day exterior completion requirement only. In such case.the site shall betaken to final grade before winter,with no remaining excavation piles,except for top soil piled not to exceed fifty(50)cubic yards. 5.11.3 All landscaping shall be in place within fifteen(15)months of start of constriction. If the completion of the building occurs during winter months, the Committee may grant a variance for completion of landscaping, in which case the landscaping shall be completed within the next growing season. 6.0 Amendments 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 members owning ninety(90%)of the lots included within the boundaries of the subdivision, ! subject to review by the Gallatin County Commission and the Bozeman City Commission. IN WITNESS WHEREOF, the Declarants have executed this Declaration of Reservations and Protective Covenants this "? day of 0 clt� , 19 q STATE OF MONTANA ) SS. County of Gallatin ) On this N-k _day of (�('�` � , A.D., 19 '1 before me,a Notary bliicc or the State of Montana, personally appeared known to me to be the persons v6o executed the within and foregoing instrument and acknowledged to me that they executed the same. • Notar§Public or the Staff f Montana (Seal) Residing at • My commission a Tres 3 -3 Declaration• 12 Articles of Incorporation • ARTICLES OF INCORPORATION WALKER PROPERTY OWNERS ASSOCIATION, INC. • 1. The name of this corporation is: WALKER PROPERTY OWNERS ASSOCIATION, INC. 2. The purposes for which the corporation is formed are: A.The primary purpose for which the corporation is formed shall include but-not be limited to providing for the maintenance,preservation, and control of the various privately owned properties and commonly held open spaces of the Walker Property,and all structures and improvements which may be constructed thereon, said property being • legally described in the Declaration of Reservations and Protective Covenants for the Walker Property on file with the Clerk and Recorder,Gallatin County,Montana. B.The general purpose shall include but not be limited to promoting the health,safety, and welfare of the owners'of lots within the above-described subdivision pursuant to provisions in the Declaration of Reservations and Protective Covenants of the Walker w Property. C. The specific purposes of the corporation shall include but not be limited to: • serve the subdivision for the benefit of the subdivision and the owners of the individual lots; • • care for,protect, and maintain the roads and other beneficial structures; •preserve the wildlife and rural environment; • operate and maintain a local cable television system; • operate and maintain a sewage disposal system accessing City of Bozeman sewer line to the Waste Water Treatment Plant; •administer all matters regarding surface water rights; • •administer the weed control plan as approved by the Gallatin County Weed Control Board; • determine, levy, collect,and enforce annual and/or special assessments; and •provide other services,capital improvements,and amenities as deemed beneficial by members. • 3. The corporation shall have perpetual existence. 4. The corporation is organized pursuant to the Montana Non-Profit Corporation Act and does not contemplate pecuniary gain or profit to the members thereof. 5. The address of the corporation's initial registered office and the name of the initial registered .• agent at such address is: Beatrice R.Taylor 6400 Bostwick Bozeman, MT 59715 Articles• 1 6. The number of directors constituting the initial board of directors shall be three(3). The names and addresses of the persons who are to serve as the initial directors are: Susan R. Taylor 1500 Reeves Road Bozeman,MT 59715 Beatrice R.Taylor 6400 Bostwick Road Bozeman,MT 59715 Brit Miller P.O. Box 531 Billings,MT 59103 7. The names and addresses of the incorporators of this corporation are: Susan R. Taylor 1500 Reeves Road i Bozeman,MT 59715 i Beatrice R.Taylor 6400 Bostwick Road Bozeman,MT 59715 8. Should it become necessary to dissolve the corporation, upon said winding up and dissolution of the corporation,after paying or adequately providing for the debts and obligations of the corporation, the remaining assets shall be distributed(1)to the Museum of • the Rockies, Inc.,providing it is a 501 (c)(3) organization at the time of dissolution, or, failing that, (2)to a non-profit fund, foundation, or corporation, which is organized and operated exclusively for charitable, educational and/or scientific purposes and which has established its tax-exempt status under Section 501(c)(3)of the Internal Revenue Code. If the corporation holds any assets in trust, such assets shall be disposed of in such manner as may be directed by decree of a Court or competent jurisdiction,upon petition therefore by any official or other • person concerned in the liquidation. 9. No officer, director,or volunteer of this corporation shall be individually liable for any action or omission made in the course and scope of his or her official capacity on behalf of the corporation,other than willful or wanton misconduct. • • i Articles•'2 0 • IN WITNESS WHEREOF, the undersigned, constituting the sole incorporators of this corporation,have executed these Articles of Incorporation this day of , 19 Susan R. Taylor Beatrice R.Taylor STATE OF MONTANA ) ss. • County of Gallatin ) On this day of , A.D., 19 , before me,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 State of Montana (Seal) Residing at My commission expires Articles• 3 • By-laws Table of Contents Page 1.0 Membership 1 2.0 Assessments 1 3.0 Meetings 2 4.0 Board of Directors 2 5.0 Amendments 5 • i I i • • BY-LAWS WALKER PROPERTY OWNERS ASSOCIATION, INC. . Susan R.Taylor, Beatrice R.Taylor, and Brit Miller, as the initial Directors of the Walker Property Owners Association,hereby adopt the following By-laws for Walker Property Owners Association, Inc,hereinafter referred to as"Association." Susan R. Taylor and Beatrice R. Taylor,hereinafter referred to as"Declarants,"have previously executed and filed a Declaration of Restrictions and Protective Covenants, on file with the Clerk and Recorder,Gallatin County,Montana. 1.0 Membership 1.1 Every owner of a lot which is located on Walker Property subdivision shall be a member of the Association. "Owner"shall refer to the owner of record,whether one or more persons or entities, as indicated on the recorded deed. 1.2 In addition, each unit owner of multi-family units located and constructed on Lots 2, 3, & 4,Block 1 shall be considered a separate owner and a member. When the terms"lot"or"lot owner"are used hereinafter, they shall refer to both lot and unit owners. After one or more units have been constructed on a multi-family lot, the owner of such specific lot shall no longer be a member. 1.3 If an owner holds more than one lot, that person shall be considered a member for each lot . held. 1.4 If a lot is subdivided, each resulting lot owner shall be a member of the Association. 1.5 Lot 1, Block 1 has been set aside as non-developable open space,and owner of said lot j shall not be considered as a lot owner for purposes of this document. 1.6 Each member shall be entitled to one vote for each lot owned. Members may cast a vote either in person or by written proxy filed with the Secretary. When more than one person holds an interest in any lot,all such persons shall be members but may cast only one vote per lot. The vote for such lot shall be exercised as they among themselves determine,but in no event shall more than one vote be cast with respect to any lot(except in the case of multi-family dwelling • lots). 2.0 Assessments 2.1 An annual assessment shall be determined by the Board of Directors of the Association in an • amount estimated to cover the normal operating expenses of the Association for each year. Normal operating expenses will include road maintenance and snow removal,common open space maintenance,implementation of a weed control plan, operation of a sewage lift station, operation and maintenance of satellite TV antennas and related equipment,and any other amenities voted upon by'the membership, together with such additional amounts as may, in their reasonable judgment,be necessary to cover any past deficits from operations or to create • reasonable reserves for the future cost of operations. 2.2 In addition to an annual assessment to cover the Association's operating expenses, the Association,by an action of its Board of Directors, may levy special assessments.for the • By-laws • 1 purpose of reserving or paying for, in whole or in part, the cost of any capital improvements benefiting the subdivision and its interests provided that any such assessment shall have the assent of two-thirds(2/3)of the votes of members voting in person or by proxy at a meeting duly called for this purpose. 2.3 Each member is obligated to pay to the Association annual and special assessments when billed. 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 incur reasonable attorney's fees. 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 non-use of the common area or abandonment of the lot. 2.4 Each member shall be assessed for each lot or unit owned. 2.5 If a lot is subdivided, each resulting lot is subject to the same assessment as undivided lots. 2.6 If an owner holds more than one lot, that person shall be assessed for each lot held. 2.7 When more than one person holds an interest in any lot,all such persons shall be jointly responsible,but there shall be only one assessment for such lot. • 3.0 Meetings 3.1 The annual meeting of the members shall be held on the second Monday in March. Special meetings may be called at any time by the President or by the Board of Directors. One fourth (1/4)of all members shall constitute a quorum. 3.2 Written notice, stating the place, date and hour and, in the case of a special meeting, stating the purpose for which the meeting is called, shall be given for all meetings at least fifteen(15) days before such meeting. Such notice shall be given either personally or by mail, to each member entitled to vote at such a meeting. If mailed, such notice shall be deemed to be • delivered when deposited in the United States mail addressed to each member at his or her address as it appears on the records of the Association, with postage prepaid. 3.3 Any action required to be taken at a meeting of the members may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all the members entitled to vote with respect to the subject matter thereof. Such consent shall have the same • force and effect as a unanimous vote. 4.0 Board of Directors 4.1 The affairs of this Association shall be managed by a Board of three(3)Directors. Initially, • Declarants and/or their assigns will act as Directors of the Association. After at least fifty percent(50%)of the lots have been sold, members shall elect one of the three Directors with Declarants appointing the remaining two or serving in those positions themselves. After seventy-five percent(75%) of the lots have been sold, members shall elect two Directors and Declarants will appoint or serve in the third position. Declarants may at any time relinquish their right to hold positions and have their vacancy filled by a vote of the members. Any position • relinquished by the Declarants shall henceforth be filled only by a vote of the members. By-laws - 2 0 4.2 Directors shall be elected at the annual meeting and serve renewable terms of three years. Directors shall serve without compensation but may be reimbursed for actual expenses incurred in the performance of duties. A Director may be removed from the Board by a majority vote of the members of the Association. Upon formation of the Association, one Director shall have stipulated a one-year term; one Director shall have stipulated a two-year term;and one Director shall have stipulated a three-year term; subsequent terms shall be for three years. Vacancies of unexpired terms shall be appointed by the President, with the appointee serving until the end of said term. 0 4.3 Nominations for vacancies shall be made by a Nominating Committee appointed by the President. Nominations may also made from the floor,by a member,at the annual meeting. The Nominating Committee shall consist of a Chairman,who is a member of the Board of Directors,and two or more members of the Association. The nominating committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies to be filled. 4.4 Regular or special meetings of the Board of Directors shall be held at the time and place as may be agreed upon by a majority of the Directors. Reasonable notification of such meeting shall be given to all the Directors, but no notice in writing is necessary. At all meetings of the Board, the majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business,and an act of the majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors. 4.5 Any action required to be taken at a meeting of the Directors may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all the Directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote. 4.6 The powers of the Board of Directors shall include but not be limited to the following: • to adopt and publish rules and regulations governing the use of common open space, including management of surface water rights and management of open space for agricultural purposes, if deemed advisable; •to suspend the voting rights and right to use of the common open space facilities of any member during any period in which such member shall be in default of the payment of an assessment levied by the Association. Such rights may also be suspended, after notice and hearing, for infraction of published rules and regulations; • to exercise for the Association all powers, duties, and 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; •to 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; • to employ a manager,an independent contractor, or such other employees as they deem • necessary, and to prescribe their duties. 4.7 The duties of the Board of Directors shall include but not be limited to the following: •with regard to books and records, to: - cause to be kept a complete record of all its acts and corporate .affairs; -to present a financial report 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 voting members; • By-laws • 3 - make available, during regular business hours, said books and records for inspection by any member upon written request of such member. • to supervise all officers,agents, and employees of this Association, and to see that their • duties are properly performed; • with regard to assessments, to: - fix the amount of the annual assessment against each lot at least thirty(30) days in advance of each annual assessment period; - send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; -initiate legal proceedings against any lot owner whose assessments are not paid • within thirty(30)days after due date; • to procure and maintain adequate liability and hazard insurance on property owned by the Association. • to cause all officers or employees having fiscal responsibilities to be bonded, as the Board may deem appropriate; . • to cause the common open area to be maintained; and • to oversee the management of the weed control program. 4.8 Officers 4.8.1 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 0 offices of Secretary and Treasurer may be held by the same person. 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 officers shall be elected by the Board of Directors. The election of officers shall be held at the first meeting of the Board of Directors following 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 a successor, who shall hold the office for the unexpired tern. 4.8.2 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 corporation,subject to the limitations of these By-Laws and such limitation, directions, and control as the Board of Directors may exercise relating to the President's duties and authority; shall sign all stock issued and all deeds and papers which require the President's signature; and perform such other duties as pertain to that office. 4.8.3 The Vice-President shall act in the place and stead of the President in the event of the President's absence, inability, or refusal to act; and shall exercise and discharge such other duties as may be required by the Board of Directors. 4.8.4 The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the members; keep the corporate seal of the • Association, if one exists,and affix it on all papers requiring said seal; serve 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 of Directors. 4.8.5 The Treasurer shall receive and deposit in appropriate bank accounts all monies of the • Association and disburse such funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association; keep proper books of account; and By-laws :4 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 said budget and statement to each • member at least thirty(30) days before the annual meeting. 5.0 Amendments Except for paragraph 4.1, these By-laws or any portion thereof may be amended by a majority • vote of the members. Paragraph 4.1 may be amended only with the consent of the Declarants, if living. • IN WITNESS WHEREOF, the Directors have executed these By-laws this day of , 19 STATE OF MONTANA ) ss. • County of Gallatin ) On this day of ,A.D., 19 ,before me, 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 State of Montana (Seal) Residing at My commission expires By-laws • 5 • General Architectural Character • and Landscape Guidelines • Table of Contents • Page 1.0 The Property 1 2.0 Design Guidelines Purpose 1 3.0 Design Principles and Key Character Elements 3 4.0 Architectural Character 5 5.0 Landscape Elements 16 6.0 Parking and Access 19 7.0 Signage, Fencing, and Lighting 19 8.0 Revision 20 • Illustrative Figures 1. General Property Location j 2. The Property 2 3. Land Use Design Concept 4 4. General Architectural Character Elements 6 5. Building and Structure Site Planning 7 • 6a. Retail General, Site Planning, Structure 10 6b.Retail Architectural Character 11 7a.Office Site Planning Principles 12 7b.Office Architectural Character 13 8a. Residential Site Planning Principles 14 8b. Residential Architectural Character 15 • 9. Planting Principles 18 10. Parking Design 21 11. Signage, Fencing and Lighting 22 • a • 0 PROPERTY • ` • 26 o t•, • Gt 24 / 2• AA �•� �� • 0 Z `n0 • t S1 • 1� i N �,• • •!S 36 31 • • l:. 32 • CAN OM • . cleto • • $ R' • RIOG • i N AY .i l 3r 'ito,, ` A �a :=� • 2 2 rAU�1202 • I: _ • • •• • FAU 1 04 ` ;r1�''•`:`c•}:' �L••.1ii�21ci:'i.:''s'S •• 's 1. 1 rAu 1 04 5 t j DOZE vIAN 1 1 6;• _ = — .. p POPNIati N 21.645 FAU 12 w120 N AI �� • •1•• 9 •( BOZEMA • CITY ENTER • FAU 1210 G ))J _• _.. . T1 .. . �91�1 40� e 3 ,Au �• a AU• 'i212 a • N a • ( ,. ►; - •• � `:... • • �• W • `. N 1 • 1''• 24 • 1 Al i • FIGURE 1 : GENERAL PROPERTY LOCATION • { t 1.0 The Property • 1.1 Location The subject property consists of 117.87 acres located in Gallatin County approximately 1 mile northwest of the Bozeman city limits, at the comer of U.S. Highway 10 and Springhill Road. The property is approximately 6 miles east of the Gallatin Airport and just north of Interstate I- 90, (Figures 1 & 2). • 1.2 Legal Description The property is located in the southeast one-quarter of the northeast one-quarter and the east one-half of the southeast one-quarter of Section 26;and the west one-half of the southwest one-quarter of Section 25,Township I South, Range 5 East, Principal Meridian,Montana, Gallatin,Montana. • 2.0 Design Guidelines Purpose These design guidelines are intended to be used by the owner, the Design Review Committee of the Walker Property,and prospective builders as a reference to review future development. • They should be regarded as a general framework to set the desirable character and high quality design standards for the site. These guidelines should be used as a basis for site plan review. The overall intent of the design guidelines is to provide a consistent site plan review process for a unified,high quality development. Proposals for parcel development that differ in detail but not in general principle from these • . design guidelines may be approved.This approval by special exception should be granted only if the result will be beneficial to the overall aesthetic and development interests of the property. All site plan submissions should conform to the Bozeman Area Subdivision Regulations (Gallatin County Version)and the City of Bozeman Zoning Ordinance. • Builders are reminded that the Walker Property is intended to be a showpiece for conscientious development,to provide an aesthetically pleasing entrance to Bozeman while providing a comprehensive mixture of retail stores and services advantageous to the neighborhood and outlying rural area. Projects submitted for review to the Design Review Committee of the Walker Property Owners Association will be judged subjectively for overall conformity to the stated purpose and must provide positive benefits in terms of service and appearance. The • Design Review Committee will judge each project on its individual merits. Landscaping, signage, fencing,and parking areas must be compatible with neighboring properties and conform to the intent of these guidelines. The minimum standards established in City and County codes will not in and of themselves be acceptable to the Walker Property. Parking areas should be sized to provide for ample width and comfortable access;signs must • be designed within the specified guidelines to avoid visual clutter, lighting must be spot lighted and used only as needed to identify businesses and provide for safety,with down lights used in the taller fixtures to prevent unnecessary light pollution; fencing,where necessary,should follow natural land contours and blend into the landscaping to the greatest extent possible. Projects that vary from the intent and stated goals of the Walker Property and fail to meet its purposes will be denied even if they meet the minimum standards set by City and County • codes. Guidelines • 1 • I S51 '57"E 1718' 23 N 44-04-44"E 5574.1 0 2 S 2.id*w 142.97' 92 72 24 S 730 42*54 3 S45-OVOO"E 156.98' 25 N 730 5d 53"E 190.52'i 4 S 660 25'46"E 222.57' 26 N 3SP 43* 34"E 92.31 31 5 S 32*03'34"E 22419' 27 N 640 37' 42-W 0735 6 S 030 33*53"E 305.59' 28 N 240 48. 16''M 145.41'l NO- 589 7 S 2 30 28'32"E 298.7Y 29 N'390 03* 11"E 68.25': a S 08-03'44"W 477.72. 30 N 720 57'04"E 78 451 • 9 5 420 57'54*W 13 9.39' 31 S 260 04'06'.E 154741 -! NE 1/16 COR. N I/16 COR. SEC.26 0 S 39-15'057E 105-89' 32 S 860 31' 54"E 198.361 (FN6.2"PIPE) N 890 59' 16"E !SEC'S 25526 I 11 S 810 31'.06"E 11526' 133 N 440 24' 34"E 13 7.19' 3 2.50*/ r ' ,5 32"E 52.24' 34 N 47*25' 10"W 150.75' N 3 �S'46-'0 S'S*5 4"W 196.66' 35 N 080 55*50"W 70861, 14 S 280 IS' 38"W 164.65' 36 N 700 12' 04"E 79.7C 5 S OZOOZ*44"W 56.04' 37 S 440 29 51 E 161.2 3' 1 16 S 310 52' 31"E 140.13' 38 S 630 33'28'*E 208-85 3: 17 S 59016' 52"E 80-26* 39 14 800 3216"E 103.41' IS S 39025'54"E 255.05' 40 N 340 43*07"E 154.51' 2 19 S 730 59'20'E 119.64 41 N 109 22' 54*'E 133.18'. 20 N 810 58' 46"E 222.17* 42 N 350 28' 12" E 98231 0 21 S 580 25'52" E 19 4.8 3* 43 N 790 36'40"E 122DO" 22,S 700 04'28"E 83.46' 1 441 S 090 58' 27"W 818 49J SPRINGHIW ROAD co RD* 8YUSE SCALE 500'. Uo p Ne ..*.I/64'COR'SE.0 23 C, t�i WN .F . Ele4EE • N.Sr 30 55" E 3965-86 m51ACREBAR 1329.39- A 16K.CA4 40 � 891,52*52- V10 57Z.Ol.. 2068-20' 5 JOI 2018.26 TO W.C. dv?02,1 54"E: 2235S! -3393.85*- 51.ise" *66 w io,id '440 20'35 W 84.34 3 N 020 01'16"W 84.95' 4 0 EAST GALLATIN RIVER :In FIGURE 2: 0 7 THE PROPERTY SPRINGHILL ROAD 0 CO,ROL BY USE % 0 in % 'A % 9 4, 23 0 Z2 10 O 12 13 14 15 17 "HILL ROAD IS • COUNTY RD.ZAA 20 19 21 9 3 8.12'TO W.0 614 91 TOW.C. .773.79 1091.21 764.91' N 890 39'17"W w SW COR. sec.as I( PIPE) (FWD.2"PIPE "LUM bu1de11nes- 2 sAU 0ND P C s A A 16 3.0 Design Principles and Key Character Elements • 3.1 Natural Response to the Montana Landscape Any development of the site should be integrated into the rural landscape. Buildings should not exceed two stories and, in some cases,be limited to one storey, provide open views by other buildings to the Bridger Mountain Range and mountains to the south and west. Planting should • be a natural extension of the existing vegetation in terms of type,placement,and function. Other landscape elements such as lighting, signage,and fencing should also blend into the overall site planning and provide a subtle but elegant appearance. Color selection should follow the earth tone palette that already exists on site. Grays, browns, and greens should be emphasized in building exterior finishes. • 3.2 Rural Homestead Character The property has a dominant farmland character.There are two existing clusters of farm buildings,and cultivated land set against the natural backdrop of the East Gallatin River and the Bridger Mountain Range. The existing farm clusters can serve as a model to provide a variety of building types and scales following similar basic components. Shed roofs,gable ends, wood material,layout variation,limited floor areas,and height characteristics are some of the • clues to a local set of common building design criteria.Other elements such as wood rail fencing and ground-mounted wood signs,when integrated with informal planting patterns, further complement the local landscape. Curvilinear roadways that follow the flow of the terrain and vegetation also reinforce the existing rural character.These curvilinear roadways will also help to slow local traffic and create an attractive variety of views and orientation. Parking areas should be divided into small groupings with planting islands separating sections • to minimize undesirable large pavement spaces in the landscape. 3.3 Cluster Development A further important reflection of the existing rural homestead character is the clustering of buildings in small informal groupings. Cluster development should be a key ingredient in the • overall site planning of the property and is worthy of special note. The existing small farm building groupings again present a model to extend the existing farm landscape,creating a cohesive community identity,and to maintain a comfortable pedestrian scale in development. Clustering will also provide efficiency in servicing the land and will maximize the conservation of sensitive open space areas. Clustering can also reduce energy consumption and optimize microclimatic factors. 3.4 Farm and Natural Area Conservation The conservation of a major portion of the existing farmland and floodplain area bordering the East Gallatin River is critical to the overall balance of development and open space.The open space resources will be used as alive farmland in the form of pasture and cultivated fields, or • in the case of the natural areas, for passive recreation. Any proposed roadways crossing these areas should create minimum disturbance. The proposed open space system will also perform the function of creating a buffer between uses while maintaining land use continuity with adjoining ownership. (Figure 3) " • Guidelines • 3 • . • j# 3 240 ofFi s • Guidelines •4 • 4.0 Architectural Character 4.1 General Architectural Characteristics • The architectural character of buildings should follow the form,materials, and clustering patterns displayed by the existing farm clusters. (Figures 4&5) Exceptions to the guidelines will be judged on the merits of building use, location, form, massing,landscaping,and orientation. .• 4.1.1 Height:The proposed buildings will be limited to a maximum height of two stories, with some areas limited to one storey to allow maximum views to the Bridger Mountain Range and mountains to the south and west. 4.1.2 Roof Design: It is also recommended that all buildings have angled roof planes( eg. gabled roof,gambrel roof,etc.). Flat roof design should be avoided as it is not compatible with the existing farm architecture. Roof planes may be punctuated with windows and chimneys to reinforce the rural residential character. 4.1.3 Building Extension:An extension of the main building in the form of a porch or pedestrian arcade is also encouraged. This roof-covered enclosure is typical of many farm houses. The use of an exposed post and beam structure in the design will help to further • echo the existing farm architecture. This design element provides necessary weather protection and a transition space to the outside. It also adds dimension and a more pedestrian scale to the building form and mass. 4.1.4 Floor Area:To foster the residential scale of proposed buildings and the clustering of buildings on individual parcels, a maximum ground floor area of 5,000 square feet is recommended as a guideline for different land uses. A maximum ground floor area of 10,000 square feet is recommended for buildings in the retail area adjacent to the North 19th Street Crossroad. 4.1.5 Setbacks: Prospective builders will be allowed to determine individual building setbacks within the parameters set out in the City of Bozeman Zoning-Ordinance.These • guidelines promote the clustering of buildings.At the same time,.the builder should have due regard for access,parking, servicing,and landscaping requirements so that the development is compatible with adjacent site planning. Builders should note the 50-foot building and parking setback requirement of the Bozeman Master Plan under"Entryway- Class 1"along US Highway 10. 4.1.6 Materials:The dominant materials for exterior finishes should be wood and other natural materials.It is recommended that wood be used for siding and framing purposes. Wood roof shingles are encouraged, but are not required. Signage, lighting columns, doors,and other similar buildings elements should use wood as a central theme. 4.1.7 Orientation: Buildings and building clusters should maximize the panoramic view • potential offered by the site to the Bridger Mountain Range. At the same time, building access should be coordinated and linked with other buildings in the cluster to promote unity and convenience. 4.1.8 Colors: The exterior building color selection should emphasize earth tones. Browns, grays,and greens should be the basic ingredients of the color palette. Other colors may be • used for accent purposes, but must be limited to less than 15% of the building exterior. Guidelines • 5 • / ' / 'i91 / A 7 i' /d ti,,. �� •air �Iw,mom, ��u. � ice, :��•y� .� i��ii' ►ice �_ 4.. ' i � t i' / / ' )%Q54e,6 / p/ / I , A. ! ' _.:tea-" •y��. 0 • i 4.2 Retail Area Characteristics 4.2.1 The retail land uses on the site will be limited to approximately 9 acres located in the southwestern corner of the site at the intersection of Springhill Road and US Highway 10. The north and eastern borders of the retail area will be defined by the proposed 19th Street arterial roadway. 4.2.2 This retail location will provide convenient access from the major arterial roadways bordering the site. The proposed elevated 19th Street Crossroad connection to Springhill • Road will help buffer the retail activity from the proposed office clusters on the property. At the same time,direct access to the principal office clusters to the east is proposed under the 19th Street overpass. This is a critical link in the internal roadway system of the site. 4.2.3 A total of 5 building parcels is proposed for the retail area. This is intended to allow for a variety of potential users including general retail uses,a gas station,a restaurant,and a grocery store. Buildings will be generally limited to a maximum ground floor area of 5,000 square feet to encourage clustering and a residential scale of building form and massing. Roadways and servicing easements have been provided to ensure adequate access to each parcel. Building footprints have also been suggested to promote the coordination of servicing, parking, and building clusters. (Figures 6a& 6b) 4.2.4 The retail area buildings should all have angled roofs typical of local farm buildings. The extension of the buildings in the form of pedestrian arcades is also strongly encouraged to add weather protection, pedestrian scale,and design interest. Buildings will generally be limited to 1 storey,unless otherwise deemed appropriate by the Design Review Committee on an individual application basis. Special view structures and buildings bordering the elevated portion of the 19th Street roadway may be allowed more than 1 storey to permit views to the mountains. (See also General Architectural Characteristics, page 5.) 4.3 Office Cluster Characteristics 4.3.1 Office clusters will be located primarily in the southeast part of the site adjacent to US Highway 10. Two additional office cluster parcels are g y p proposed to be located east of Springhill Road and north of the retail center. The southeastern office clusters are proposed • to be accessed from Reeves Road and Highway 10. The other office clusters will be accessed directly from Springhill Road. 4.3.2 The office clusters should reflect the architectural character of the adjacent farm buildings. Therefore, office buildings should be limited to a ground floor area of 5,000 square feet to promote clustering and a general rural residential character.These guidelines encourage more than one building on an individual parcel. Common accesses to building clusters and separate small parking areas are also recommended to establish unity and a rural scale.Generally,buildings should be limited to 1 storey. Second floors may be allowed for those buildings bordering Highway 10 to provide views to the Bridger Mountain Range. (Figures 7a& 7b) • 4.3.3 Office buildings should be oriented to maximize views, shelter entrances from the prevailing winds,and create a desirable pedestrian scale in the access areas. Variation in building footprint,angled roof planes and general massing is recommended to create interesting diversity as viewed from the adjacent roads and on site. Standard siting of buildings parallel to Highway 10 should be discouraged. The greater importance of relationships between building clusters, topography, and views should be emphasized. • (See also General Architectural Characteristics, page 5.) Guidelines • 8 i 4.4 Residential Characteristics 4.4.1 The residential clusters will be located in the areas bordering on the East Gallatin • River in the northern portion of the property. The"pockets"of residential development. have been carefully chosen to conserve the existing vegetation and to build outside the floodplain area.The existing vegetation will act as natural buffers between residential clusters.The residential building areas have been separated from'the office clusters by the common open space and a general elevation change created by the bench area. 4.4.2 The residential clusters are proposed to be divided into estate lots(detached units); and threeplexes and fourplexes(attached units). The estate lots are to be located in the central eastern section of the site. The size and design of the lots appropriately blend into the adjacent agricultural landscape. The cluster of 5 estate lots is connected by a proposed local roadway to Highway 10 and Springhill Road. •� 4.4.3 The threeplex and fourplex lots are located in the northwestern section of the property. The units should be nestled into the adjacent vegetation where appropriate to enhance privacy and direct access to nature. The units should have a variety of setbacks and configurations to create interesting building forms, provide massing,and maximize views. The proposed access will link these residential units to Springhill Road and Highway 10. (Figures 8a& 8b) • 4.4.4 Building sites must be selected to maintain privacy, fit into the natural contours and vegetation of the area, and prevent obstruction of views from neighboring sites. The residential buildings should follow a rural residential character with a maximum allowable height of two stories. Single-storey residences are generally recommended to best blend into the existing landscape.The attached units located along the east side of the northern • cul-de-sac are especially recommended to be one storey. This would allow open second- storey mountain views to those attached units located west of the roadway.The general guideline for maximum ground floor area is 5,000 square feet for each building to encourage clustering and maintain the smaller scale rural character.The attached units should appear as large ranch houses with a variety of angular roof planes and building forms nestled into the landscape. (See also General Architectural Characteristics,page 5.) • • • N Guidelines - 9 • ��s �T � � �� � PL„4�VN/Nc� 37�'UG7L/I� • \ wAG,KF� �OTz \ � • �-it / �\ toT3 �;� • Aar so\ . Guidelines • 10 • 11 g. I WOO � u 1 fli; ��`� Mr A a� • i .. t:�■,III: �� ��_ ��` �� .��I i � A i i i r / / IV Y/CivS gnDl,6/l�Iq� � •0 oF�' an IA s. /aa��a,�ra��a�ar v��orn�rs • � ad one tri1! �, F1gZ1, 94e 7W = O1�/Ge 5174e wit//NFL • Guidelines • 12 IN- IIII ON �s���i���ji17;; -=y�,��a ��I.:I'+ lii� ,,I�. ,��I „ I ` � �r:!�n� �il' i.1�1 �1i.1�11��;II i���!►~ I ` t .., i�� A � I� 15111ZV',Oi OF dp /��"•i v / Guidelines i �_ � IlWllu full W.gull►! law"c l yll.AMR I., rIG i -�,', ;��•.r■ � ICI! III Ili ; 0oil 5.0 Landscape Elements 5.1 General Landscape Characteristics Landscape development of the property should focus on the extension and enhancement of the existing landscape.The planting and roadway development should harmonize with the unique natural and agricultural patterns of the property. A significant portion of the property is proposed to be conserved as active farmland and passive recreation lands. This open-space system is to maintain the open rural character, create continuity with adjoining land uses, and buffer proposed land uses within the site. Emphasis should be placed on maximization of open views, informal planting to enhance existing vegetation,and colorful planting for accent. Signage, fencing,and lighting should use wood as the dominant material and be designed for a comfortable pedestrian scale. 5.2 Farm and Natural Conservation Areas • These designated areas should be exclusively reserved for farmland or passive recreation purposes. Minimum alteration should be allowed by any roadways or pathways that are proposed to traverse this land.Otherwise, no development should be permitted unless it is directly related to the farm or passive recreation uses. (See Figure 3, page 4, for general recommended locations of open areas.) • 5.3 Roadways Roadways should follow the natural flow of the landscape. The proposed curvilinear roadway system should follow the edges of the wooded and natural areas as much as possible to emphasize the landscape character and minimize visual disturbance.The curvilinear roadway form is also intended to create a variety of views and slow local traffic. Roadway standard • design should conform to the Bozeman Area Subdivision Regulations(Gallatin County Version)or subsequent regulatory requirements. (See Figure 3,page 4, for general recommended road layout.) 5.4 Planting • 5.4.1 The proposed planting for the Walker Property site should generally follow informal patterns,with the exception of the retail center area.The informal planting should reflect the existing vegetation patterns on site. These guidelines apply to the residential clusters that will border the natural areas along the East Gallatin River and the office clusters proposed in the bench area. Informal planting should generally be used on the balance of the property to shelter and accent the proposed office and residential clusters. • 5.4.2 More formal planting is recommended in parts of the retail center area. Formal street tree planting should be encouraged along the access roadways to create a distinct and . continuous streetscape.This formal tree planting will not be entirely foreign to the rural landscape as many farms have linear rows of trees that border their entry lane or hedgerows that act as windbreaks or delineate their property boundaries.This formal planting can be supplemented by more informal groupings on individual parcels where space permits. Parking areas should also be punctuated by at least one tree for every 10 parking spaces to divide and green the parking areas. 5.4.3 The remaining farmland and natural areas should not be altered.The farmland should retain its open character,and planting should only be used to soften the integration of proposed buildings into the existing landscape. Guidelines - 16 • 5.4.4 Plant materials should be selected on the basis of size,shape, color,and species that • are hardy and appropriate to the location. Prospective builders should.use a combination of trees, shrubs and groundcovers to achieve depth and richness in the landscape.This technique should contribute to the pedestrian scale of site planning,especially in entryway and highlighted areas. Shrubs and groundcovers can also complement and help blend signs and lights into the landscape. Wildflower seed mixes can also add a natural color accent at entranceways and at the base of signs. These planting techniques will contribute to reducing maintenance costs. (Figure 9) 5.5 Landscape Buffers 5.5.1 The building and parking setback along Highway 10 is part of the"Entryway- Class 1"requirement for Highway 10 under the City and County of Bozeman Master Plan. This • 50-foot buffer space should be appropriately landscaped to define a green gateway to the . City of Bozeman. It is recommended that selective informal planting be used to delineate the corridor and frame views to the Bridger Mountain Range and mountains to the south and west. The corridor should also retain its general open character and continuity with the rural landscape. Care should be taken to limit plant height in specific access areas and at the major Springhill Road intersection for driver safety. 5.5.2 The embankment of the proposed 19th Street arterial roadway should provide an opportunity to add a green backdrop to the retail center and office clusters. It is recommended that low shrub planting and wildflower seed mix be used to maintain views and add a richness of color to the area.The embankment planting can also significantly contribute to the gateway effect at the proposed 19th Street overpass. • 5.5.3 Necessary buffer areas between residential or office clusters should not be overlooked. In the residential areas,additional buffering may be accomplished by extending the existing wooded area patterns with coniferous tree accents. In the office clusters, mixed informal planting should be used to buffer parking and service areas. • • • Guidelines • 17 i � 1 I f !� � ��'►� �� � �!I III lIm!�I��il 1 �i .�, �I�� I �fl� i � � I� �.1 y'� �� ,�1� ..)�� i 6.0 Parking and Access 6.1 Parking areas should be divided into small units(20 spaces maximum)where possible to • minimize the amount of paving area. Planting is encouraged around all parking areas to screen the cars and create a continuity of green space throughout the developed areas on the property. Access points to each parcel should be carefully selected to minimize safety problems and maximize convenience. These access points can be accented with subtle ground-mounted signs and complementary planting. Coordination of access points between parcels is also recommended to promote clustering and reduce road requirements. • 6.2 Parking in the residential/office clusters should be located at the end of the units or where fewer windows are located to reduce visual impacts. Servicing areas in the office clusters and retail center area should also be sheltered from view and generally be located to the rear or side of the buildings. (Figure 10) • 6.3 The exception to small parking units will be the retail area where efficiency and ease of access will require larger parking areas. Landscaped boulevards and selective tree planting will be required to reduce the visual impact of these larger parking lots. 7.0 Signage, Fencing,and Lighting • Signage, fencing,and lighting will be very important design elements in developing the overall rural character of the Walker Property and will make a major contribution are in the office clusters and the retail center. (Figure 11) The coordination of these elements is critical. 7.1 Residential Signage • The residential clusters should only require street signs and,possibly, entry signs.These private elements should be ground-mounted wood signs that conform to county standards. All lighting should be limited to unit lighting to maintain a low-key rural orientation and minimize light pollution. Fencing should be generally limited to animal enclosures to retain the openness of landscape. Perimeter fencing is strongly discouraged. • 7.2 Office and Retail Signage 7.2.1 In the office clusters and the retail center,signs should be ground-mounted with a surface area not exceeding 24 square feet for individual parcels. Collective signs are encouraged to limit the number of signs and should not exceed 40 square feet. • 7.2.2 Building signs should be limited to a signage area or strip that is continuous on the building front. Individual store signs should be limited to 20 square feet. It is further recommended that this area be below, or in line with, the major roof line. 7.2.3 It is preferred that all signs be of wood and that direct lighting be used to highlight specific information. Light boards and neon lighting should be discouraged as these lighting types detract from the design emphasis on more natural and selective lighting effects. All signs should otherwise conform to the standards of the City of Bozeman Sign Code. 7.3 Fencing should generally follow a traditional wood rail design that is typical in the Bozeman area landscape.Where chainlink security fencing is required,the chainlink should be coated with brown plastic and supplemented with planting to minimize the visual impact. Guidelines • 19 41 7.4 Lighting should generally be limited to pedestrian scale lighting(eg. 12'to 15'standard or T bollard lighting). The exception in this case is the retail parking areas where a larger 60' lighting standard might be required for proper access and parking safety purposes. Lights must be energy efficient and designed to shed light only where needed, to avoid unnecessary • light pollution. 7.5 Site furniture such as benches and flower pots are especially encouraged in high pedestrian traffic areas. These elements should be coordinated with lighting and signage where possible. 8.0 Revision Any revision to these architectural and landscape guidelines must receive approval of a majority of the Design Review Committee,a majority of members responding to a call for a vote regarding such revision,and the Bozeman City Commission. a • • • • Guidelines • 20 • • 1.■ 111 / �.. �'—c�IIDIIIIIIIIfIUIIh (� , 40 �•� lo .y fire 41 i i ' � r I' I qj ���,'' I�r�i'i►ii::,i;1''- sl, - "�� ili `; i lu►u,�lf l4!'�iii�tilll�i� � 1 AW (Illlllilll(llilllll�'. � �r►�i ���,����►�+��;;,'.�����►1..� v .. or L .t i � _ �I I � • , I � �I • i y .1 LIDO PL AI.`i RDR, I IYP.I COMMON OPEN SPACE �,• S 45°00' 00'E raac; 5 `Rp4p '0 �;' ?°bh: N 88.35'WE 5.714 ACS. 60.00'— 156.98' cis r/o. •�98� 49 `'� z�tl ° _100 YEAR 147.00' '�' �` S� 66025+ 46°E 76•�° ILOOOWAY 8DRY I IYP.1 •',\ 6?—'J 22'57' ti S 32°03' 34'E •''`.\ rr s B2•J9'2PE?0o Ab♦� `,� '1^ZZ4. 19- LOT 5 70.90• xcf 2.042 A ti \ CS. ? •ro o°. 1 14612.5) _ N LOT 7 by ti•- `�'\ O 7 e N 2.564 ACS. m, LOT 6 BLOCK 2 — 0 1.829 ACS, f 1e ` f 39'50 10-w \• ry i 1461l.5I 1° _ 'N 61°53' IS'E• 1 'I :''90.n I S 030 33' 5 COMMON OPEN SPACE \\N�A 0d %" 6 x LOT 8 I I 305.59' . 1:.15! ACS. ,���'�'. `,Uh' �y\��,JW m 3.20% ACS. % 14615.0, Aq 015 LOT 9 f. ' O' 1.920 ACS. •'\ 14615.0, ♦•i'• : \ S 23°21' 51'E Jfti,.', o.\:a. Z�♦�D2 5' 297.83' ` '• LOT 10q. .o C \x[>Ir, I'o fon Lx ltul.lun Al u5f.uul rl `�\•, 1; 2 S B9°16 JB'f; 0 rc. k.I s / - '\/ o j J / J 6 .r J -Il. _. 0 O W 477.72 LOT 2 �•n.Y,, 2.00a nCS. ! ED A-s.° .` --- l O1 , - r.a C _��•' C7�. i ro no ItA S 42°54'50'w e I _ °j a♦ / \ v°+ �:-\ •{/°7 { :i 1: y". 139.39- a` LOT 3 m..810 ncs. nm �) '♦ ` .� �♦� ''e ( i� I S 39°18'09'E \ p 1 r f 05.89' 08 v5; ';0 \.� \� i \.s'' �� 31V✓ ,.•I.• +\ S 81°34' 10'E .\♦X Z \,•M1 ..,\ ��.._.. .. 115.26' . S 05'32'36' \ , y Nti♦ I (LOT 3 Q '.,.�) °\ ( ♦ S 46°35'50'N' 2.010 ACS. `V�S� -1' i' 196.66' O O•F9s\ FONED R-0\`�.``�.,.:., / C'� 5 28°13'3a'w q J \ - :.�: . o LOT 2 _ v, O. 2.807 ACS. �, �O. / \\: / S 01°59'40'w . Pf S 31°55'35'E 140. LOT I I \ . . S 59°19'56'E C�2 1.838 ACS. J '\ 80.26' ZONED A-j Ulf 5 39°2g S0 E \ \ ti 4•ii I'ND ALUM CAI• RI IIAll 1 N,M,1 Q ?1•UU 11'1 30.114 S bb `00. \\� \ \ ' 0• IrIU vlrIs e i \- \ \ \(a0, [� .• ICJ.1.1' Al JM C-Nf DaR Al I.06'daLU ar UAR `�"'._ I10.26' \ `\� S 87°59' 32-W 530.73' p f ZONE X r ZONE X ZONE X s • ZONE X T ZONE X .ram T �x y �Zr x ZONE X w 4629 +r a ; ,3 � 0 W w s� ONE X 4631 4632 ZONE X A63 Rp _ °6 � e: 3i Y � ON, , V � \ C, ZONE X i OH-rkL-.,;r of k i&. wAv.io. •jGl-ryo rl '70'8�FemA-tED _ TYPICAL -?Ao�. CcxAD►.lien ca-oe�.no�flC� Se•EnLEssAsH ZW"LA r JLN ieFl �imrwe E ua a y W& -Aur•rvTi7--/-l-r Co ow>oo SPa,ucE , Z. ADA DIED GHtrV+RY SLI�e. - 7�u� Ado Ju,4 �\ �� SIbN * r ��OCooW-Frn&6;p,PorLh i a + — PATMORE — �IR MAPLE - Od.G SEEDL'I:SSASN.�CfM �N ,x I � _ •r 1 © L O� L oT P U� Ir�i s-rF,I P O o A J E� f � _ I 3RoSE.•T-GSE oG fJ•rMA .. 3Ca�e�.oe.RFDCs Sexy 3 CoW�aoo 5p2Ur-?=- — �3LaLAo' (o Liwnc — 3D.Mur,MnoLa I�ullix�i\`II! — }u 50VT /4�iylnl, p��IW\off;. rlrn`II\� SIP � `— ---�• ••, w I ' W 3F)asE-r9EF-o�c�i �0 9wwr-&Zwv'rrsJ krMCAE 3�iussw*1o�i�� 2WavrazrNC�r� j VIeuRHurq ���ss Vi8vR4-Iv+-1 _ � � ,:; 3Pr�s�Tz�ooC.NiaA , F1 41 PLAN �S ��u �Y �d I� �YL OPT. O� �.`� BEVTE99ED 8e CONDITIONALLY APPROVED -'-- B mAN CITY- UNTY PLANNING ALAN"i IhC� PLAN -3y° ozE DEPIR. PLANNING DIRE MR DATE :I , Mrs. Beatrice Taylor ` 6400 Bostwick Road Bozeman, Montana 59715 February 21, 1998 From: Walker Property Owners Association Design Review Committee 6400 Bostwick Road Bozeman,MT 59715 To: Dave Skelton ED BY Bozeman Planning Department R�l��l� Carnegie Building Bozeman, MT 59715 FEB 2 4 199e, 00 Re: Walker Property Design Review of Berman Townhouse Project CITY'CM € L 1tiFI' aa The approval letter dated February 18, 1998 was premature,owing to the fact that the WPOA Design Review Committee has not yet approved landscape plans. The Committee would like the option of having all documents in place before giving final approval. If said letter has been received by your office, please disregard it. A new one will be forthcoming when all the requirements have been met. Thank you, Beatrice Taylor Design Review Committee copy: Peter Berman { T R A A C T 10 1-1 REPORT SEP-07-95 THU 12 : 07 PM FOR : CITY OFBOZ . CARNEGIE 406 582 2363 :41 -- +: SEND DATE START RECEIVER PAGES TIME NOTE SEP-07 12 : 02 PM 958221518 7 4 ' 52" OK The City of Bozeman CITY-COUNTY PLANNING DEPARTMENT 35 North Bozeman Avenue P.O. Box 640 Bozeman, Montana 59715-0640 Phone (406) 582-2360 Fax (406) 582-2363 FAX TRANSMITTAL Date: Fax # c5��-77Z-ZIP ' From: �� �L-�-1 Comments : �r.�iz "10 i.l� TTC�a i'E�/ 7�,-4+�. C.�-aS ire E��►�.�.--� �F Page of BOZE CITY-C NTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning ice PHONE: (406)582-2360 FAX: (406)582-2363 MEMORANDUM --------------------------------------------- TO: BOZEMAN CITY COMMISSION GALLATIN COUNTY COMMISSION ' FROM: DAVE SKELTON, SENIOR PLANNER RE: WALKER PROPERTY SUBDIVISION P.U.D. AMENDMENTS TO PROTECTIVE COVENANTS DATE: AUGUST 30, 1995 ------------------------------------------------------------------------------------------------------------------ Beatrice R. Taylor and Susan R. Nelson Taylor have submitted to the Planning Office a revised copy of the declaration of restrictions and protective_ covenants for the Walker Property Subdivision P.U.D. in order to amend the documents for implementation of a pedestrian circulation system for the planned unit development. Attached please find a copy of the amendments to Section 3.0 - Conditions and Restrictions of the covenants, and Section 2.1 - Assessments of the by-laws proposed by the'developers. As the Bozeman City Commission and Gallatin County Commission are both party to any amendments of the Declaration of Restrictions and Protective Covenants it is necessary that the developers'request be acted upon by both governing bodies. The request would not substantially amend the context of the restrictions and covenants in that it would not alter any language related to the subdivision of land and/or land use regulations for the development. The purpose for the amendments is at the request of the Bozeman City-County Planning Office, which is to clarify the intent and purpose of a pedestrian circulation system such that the issue is appropriately addressed during site plan review for development of each individual lot within the P.U.D. This item has been discussed at some length between the developer's, Planning Office and Bozeman City Commission for the past year. As a result of those discussions, the proposed amendments reflect the mutual understanding and agreement of implement the pedestrian circulation plan. Because this request to amend the property owner's association documents does not involve' any subdivision of lots within the development, the Gallatin County Commission has not been involved in the discussions or formally noticed until this time. Mr. Sam Gianfrancisco, County Road Superintendent,has participated in the review of the pedestrian circulation system and ultimately the applicants have graciously agreed to locate the circulation system on-site rather than within the dedicated public road rights-of-way of the subdivision, or Springhill Road and Highway No. 10. Therefore,the County Road Office does not have any objection to the amendments. In reviewing the Findings of Fact and Order for Walker Property Subdivision P.U.D. the requested amendments to the property owner's subdivision documents would not change,modify or revise the conditions of preliminary subdivision plat approval. Therefore,the proposed amendments are not considered a subdivision issue, but rather a zoning related issue. The amendments would clarify condition four (4) of the Conditional Use Permit for develop the mixed-use planned unit development, which reads: "That the applicants submit a pedestrian circulation plan for the planned unit development for review and approval by the City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of the first commercial lot." Based on the prepared amendments to the subdivision documents and the various discussions held between the City Commission, Planning Office and applicants the Bozeman City-County Planning Office concludes that the amendments have clearly outlined an implementation plan for a pedestrian circulation system, and satisfies the intent and purpose of condition four (4) of the Conditional Use Permit granted by the Bozeman City Commission. Therefore,the Bozeman City Commission and Gallatin County Commission, as parties to any revisions or corrections to the covenants and by-laws of the property owner's association, must consider approval of the amendments. Don't hesitate to contact me at the Planning Office if you have any questions on this matter. DS/dps Attachments: Fax From Bea Taylor dated July 19, 1995 Proposed Amendments to Property Owner's Restrictions and Covenants cc: Beatrice Taylor Susan Nelson Taylor Mike Salvagni, County Attorney Sam Gianfrancisco, County Road Superintendent NOTE: THIS ITEM WILL BE PLACED ON THE CONSENT AGENDA OF THE BOZEMAN CITY COMMISSION FOR SEPTEMBER 18,1995 AND GALLATIN COUNTY COMMISSION FOR SEPTEMBER 12, 1995. IF YOU HAVE ANY QUESTIONS REGARDING THIS MATTER OR WISH TO REMOVE IT FROM THE CONSENT AGENDA PLEASE NOTIFY THE PLANNING OFFICE AS SOON AS POSSIBLE 'JUL-*19-95 WED 04 :26' PM ''EA TAY40R _ 065873272 P. 01 Sender.•Y ea Ca for fLY#; 406 587 3272 11 '' oa • 9'm sending ter is as 7,4x as J can! Date:7119195 To:Dave Skelton No.of pages(including this coversheeo: l Dave' i 9 have still not'received notice that our ameridrs-ients to the Walker . property.Owners r4ssoaation Covenants were approved by the City and County C'ommissioners. : My,understanding is that they are not final until that tirne;since review and approval are necessary for any" changes. Please let me know when your work is complete so 9 can notify WpOA members and start the clock ticking. Thanks:- RECEIVED BY AUG 2 1 1995 Proposed Amendment to Walker Property CITY-CAiI�iY pLA SIG Declaration of Restrictions and Protective Covenants To Item 3.0, Conditions and Restrictions add 3.15 Pedestrian Circulation System A pedestrian circulation system shall be implemented as an amenity for those persons living and working in Walker Property Subdivision. It shall be the responsibility of the Declarants to construct and of the Walker Property Owners Association to maintain gravel pathways and painted pedestrian crosswalks described in Section 3.15 of the Declaration of Restrictions and Protective Covenants of the Walker Property. Pathways which are disturbed during construction must be returned by the lot owner to their initial condition. Concrete sidewalks within the B-1 commercial area are the sole responsibility of individual lot owners. Gravel pathways will be 5'wide by 4" deep,of compacted 3/4" gravel road mix. Concrete sidewalks will be N wide by 4" deep. • Reeves Road East (Block 5,Lots 1,2,and 3) and Campbell Road (Block 2,Lots 1,2,and 3) -A five(5) foot wide gravel pathway shall be installed at least one (1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed or within three(3) years of the City Commission decision(March 6, 1995). When pathways are installed adjacent to intersections,crosswalks will be painted at the intersection of Campbell Road and Reeves Road East and the intersection of Campbell Road with U.S. Highway 10. • Campbell Road (Common Open Space) -A five(5) foot wide gravel pathway shall be installed along the south property line adjacent to Block 2, Lots 1 and 2, and the North 19th Overpass embankment, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway is to be to be installed within three(3) years of the City Commission decision (March 6, 1995). •jean Drive and Gibson Drive - No pathway is required along these roads, but crosswalks will be painted at the intersections with Campbell Road at the time of fifty(50) percent buildout of those lots accessing each subdivision road has been achieved. •Springhill Road (Block 2,Lot 1;Block 3,Lot 1A (at owner's discretion);Block 6,Lot 1A -A five(5) foot wide gravel pathway shall be installed at least one(1) foot inside the property line, with landscape features per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. Gravel pathways should be extended only to the property lines where they intersect North 19th Avenue and U.S. Highway 10. •Reeves Road West (Block 4, Lots 1A,2A,3A;Block 6,Lot 1A) -A five (5) foot concrete sidewalk shall be installed one (1) foot inside the property line,with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines and painted crosswalks at the intersections with Springhill Road, Enterprise Road, and U.S. Highway 10. The sidewalk and crosswalks should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. When sidewalks are installed adjacent to intersections, pedestrian crosswalks will be painted at the intersections of Reeves Road West with U.S. Highway 10, Springhill Road,and Enterprise Road. • Enterprise Road (Block 4,Lot 1A) -A five(5) foot concrete sidewalk shall be installed one(1) foot inside the property line,with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The sidewalk should be indicated when projects are submitted for site plan review prior to construction and installed at the time the lot is developed. •U.S. Highway 10 (Block 5,Lots 1,2,and 3;Block 6,Lot 1A) - A five(5) foot wide gravel pathway shall be installed within the fifty(50) foot wide landscape buffer strip,with landscape features per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. Item 1.5 Setbacks and Easements change "Lot 4, Block 4" to"Lot 1A, Block 6" Item 2.3 Commercial Lots -Zoned B-1 change "Lot 1 of Block 3;Lots 1, 2,3, &4 of Block 4" to "Lot 1A of Block 3;Lots 1A 1,2A,3A of Block 4;Lot 1A of Block 6" Item 2.3.3 Commercial Lots -Zoned B-1 change "Blocks 3 and 4" to "Blocks 3,4,and 6" Item 2.3.4 Commercial Lots -Zoned B-1 change "Lot 1 of Block 3 and Lot 4 of Block 4" to "Lot 1A 1 of Block 3 and Lot IA of Block 6" Item 2.3.5 Commercial Lots -Zoned B-1 change "Lots 1 &2 of Block 4" to "Lots 1A 1 &2A of Block 4"; change "Lots 1 and 2" to "Lots 1A 1 and 2A";change "Lot 2" to"Lot 2A" Item 2.3.6 Commercial Lots -Zoned B-1 change "Lot 3 of Block 4" to"Lot 3A of Block 4" Item 3.13 Subdivision change "No lot in Walker Property may be subdivided except that commercial Lots 2 &4,Block 4 may be subdivided into no more than two(2) lots and commercial Lot 3,Block 4 may be subdivided into no more than three (3) lots." to "No lot in Walker Property may be subdivided except that commercial Lots 2A,3A &4A, Block 4 may be subdivided into no more than two (2) lots." Proposed Amendment to Walker Property and By-laws To By-laws Item 2.1 Assessments: delete "operation and maintenance of satellite TV antennas and related equipment" add " maintenance of pedestrian pathways on common open spaces, maintenance of painted pedestrian crosswalks" These amendments were voted upon by membership of WPOA at their May 1, 1995 annual meeting. They are being submitted to Gallatin County Commission and the Bozeman City Commission for review and approval. It •so,P/TM � � •1 � LOT 3 ••'\ - Walker Property Pedestrian Pathway System commas OKM 9IAct I A.W Att. { LOT 4 I ` 8.20! LOT•2 1 j i • fir `, Coli" WtH SPACE i SS a.Tio AM r ' X LOT 1 •`�'� *� ` .�L�. 1 7� 4.309 AM ` LOT 9 STORAGETE ro9 i 2.041 us II . ; LOT 7 o RE POINT TIOM LOT s �• \\1 ! x" :e.. i 'T I 1 CGM1f�11 OPEN SPACE . LOT OaY.w:i.•t. I ?! ��O `1 •t 'tl LOT 9 Xo �14w Lot1At ioj �,{ �• •,. t op o �6 ! ! X. 61 p eT LOT 10 s.s»ACa ` ■ x LOCK 4 Ksw!cno.O.w.4A•r.A. , LOT IA. aaT. V'• LOT SA �.� �. 9 ....d ` 1 \ . i• ` +4 LOT 2 ?C l0i 34 =� •` i� aA..A4 X • \ \ •• �3 A0 44 ` \ •` ' 004 •C /• •mot` C•s�.. 44W •�. .}� \ �• X LOTS ' \ e•T :.ono ACs �. v. ++�� o� •�i,� LOT 2 -� \ ` LEG 5' wide gravel pathway�D XxxY_X")(Xx ` :°:AM ( ' 5 wide concrete sidewalk •� painted pedestrian crosswalk ` �' BOZEIION 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 August 21, 1995 Mrs. Beatrice Taylor P.O. Box 3870 . Bozeman, MT. 59772 RE: Amendment to Walker Property P.U.D. Protective Covenants Dear Bea: This is to formally let you know that the proposed amendments to the Walker Property P.U.D.protective covenants regarding the implementation of a pedestrian circulation system for the development is scheduled for approval before the Bozeman City Commission and Gallatin County Commission on Tuesday, September 5, 1995. This item will not be scheduled as a public hearing,but will instead be placed on the Consent Agenda of both the City Commission and Gallatin County Commission during the afternoon sessions. The Planning Office will notifiy you if we have been contacted by any of the Commissioners that this item will be discussed. Unless one of the Commissioners have questions of the Planning Staff and/or applicant,the amendments should be automatically approved as per the revisions submitted to this.office. Bea,thanks again for your patience. Don't hesitate to give me a call at the Planning Office if you have any questions. Sincerely, David lton Senior Planner. DS/dps Proposed Amendment to Walker Property Declaration of Restrictions and Protective Covenants To Item 3.0. Conditions and Restrictions add 3.15 Pedestrian Circulation System A pedestrian circulation system shall be implemented as an amenity for those persons living and working in Walker Property Subdivision. It shall be the responsibility of the Declarants to construct and of the Walker Property Owners Association to maintain gravel pathways and painted pedestrian crosswalks described in Section 3.15 of the Declaration of Restrictions and Protective Covenants of the Walker Property. Pathways which are disturbed during construction must be returned by the lot owner to their initial condition. Concrete sidewalks within the B-1 commercial area are the sole responsibility of individual lot owners. Gravel pathways will be N wide by 4" deep,of compacted 3/4" gravel road mix. Concrete sidewalks will be N wide by 4" deep. •Reeves Road East (Block 5, Lots 1, 2, and 3) and Campbell Road (Block 2, Lots 1,2, and 3) - A five (5) foot wide gravel pathway shall be installed at least one(1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed or within three (3) years of the City Commission decision(March 6, 1995). When pathways are installed adjacent to intersections,crosswalks will be painted at the intersection of Campbell Road and Reeves Road East and the intersection of Campbell Road with U.S. Highway 10. •Campbell Road (Common Open Space) -A five (5) foot wide gravel pathway shall be installed along the south property line adjacent to Block 2,Lots 1 and 2,and the North 19th Overpass embankment,with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway is to be to be installed within three (3) years of the City Commission decision(March 6, 1995). •Kean Drive and Gibson Drive - No pathway is required along these roads, but crosswalks will ai ed at the intersections with Campbell Road at the time of lift 50 bep painted P Y( ) Iercent buildout of those lots accessing each subdivision road has been achieved. • Springhill Road (Block 2, Lot 1;Block 3, Lot 1A (at owner's discretion);Block 6,Lot 1A -A five(5) foot wide gravel pathway shall be installed at least one (1) foot inside the.property line, with landscape features per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. Gravel pathways should be extended only to the property lines where they intersect North 19th Avenue and U.S. Highway 10. •Reeves Road West (Block 4, Lots 1A, 2A, 3A;Block 6, Lot 1A) - A five (5) foot concrete sidewalk shall be installed one(1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines and painted crosswalks at the intersections with Springhill Road,Enterprise Road,and U.S. Highway 10. The sidewalk and crosswalks should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. When sidewalks are installed adjacent to intersections, pedestrian crosswalks will be painted at the intersections of Reeves Road West with U.S. Highway 10, Springhill Road,and Enterprise Road. •Enterprise Road (Block 4, Lot 1A) -A five(5) foot concrete sidewalk shall be installed one(1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The sidewalk should be indicated when projects are submitted for site plan review prior to construction and installed at the time the lot is developed. •U.S. Highway 10 (Block 5,Lots 1,2,and 3;Block 6, Lot 1A) - A five(5) foot wide gravel pathway shall be installed within the fifty(50) foot wide landscape buffer strip, with landscape features per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. Item 1.5 Setbacks and Easements change "Lot 4, Block 4" to "Lot 1A, Block 6" Item 2.3 Commercial Lots -Zoned B-1 change "Lot 1 of Block 3; Lots 1,2,3, &4 of Block 4" to "Lot 1A of Block 3;Lots 1A 1,2A,3A of Block 4;Lot 1A of Block 6" Item 2.3.3 Commercial Lots -Zoned B-1 change "Blocks 3 and 4" to"Blocks 3,4,and 6" Item 2.3.4 Commercial Lots - Zoned B-1 change "Lot 1 of Block 3 and Lot 4 of Block 4" to "Lot 1A 1 of Block 3 and Lot IA of Block 6" Item 2.3.5 Commercial Lots-Zoned B-1 change "Lots 1 &2 of Block 4" to "Lots 1A 1 &2A of Block 4";change "Lots 1 and 2" to "Lots 1A 1 and 2A";change "Lot 2" to "Lot 2A" Item 2.3.6 Commercial Lots -Zoned B-1 change "Lot 3 of Block 4" to"Lot 3A of Block 4" Item 3.13 Subdivision change "No lot in Walker Property may be subdivided except that commercial Lots 2 &4, Block 4 may be subdivided into no more than two(2) lots and commercial Lot 3,Block 4 may be subdivided into no more than three (3) lots." to "No lot in Walker Property may be subdivided except that commercial Lots 2A,3A &4A,Block 4 may be subdivided into no more than two (2) lots." Proposed Amendment to Walker Property and By-laws To By-laws Item 2.1 Assessments: delete "operation and maintenance of satellite TV antennas and related equipment" add " maintenance of pedestrian pathways on common open spaces, maintenance of painted pedestrian crosswalks" These amendments were voted upon by membership of WPOA at their May 1, 1995 annual meeting. They are being submitted to Gallatin County Commission and the Bozeman City Commission for review and approval. ~ ��tOP KY YIYm AIIO 89*r. f rw t - s s LOT 3 0.3t7 ACS. ` . •'\ Walker Property N Pedestrian Pathway System jsLocx l c.�� 4 LOT 4 I a.Sit .cs. :.2at 3CS• ' LOT 2 _ J COMM OPEN SPACE i a.Ito+CS. r 4 X LOT 1 � fop .�L 1 •.WS 3CS. ` ' �• `\ ' LOT S I j ... STOR3GE Pp1p GN / t-ua :CS. k � i13a PPOTECTIOM tMlt.i1 LOT 7 Oj .F 16\ PO/Mi -'�•. I.S6. KS. ••\t LOT 6 �. \ COMMON OPEN SPACE N9•.a` �� "r _•+•c LOT 6 •t, 1 1 • z Xjtl�l/OCL3 •}• � qP' r LOT 9 / •: X0�G 1� Lot tAt �;r �� ��• I X. �1 \ O /' '�� �+. LOT 10 S."s 3CS. ` LOCK 6Q6 t.aniciao rs.M3.co d—BLOCK M we o.3�. LOIZ � o \r LOT \�. f%• �O 0 4:43 ArS. Lb"AM • `� ` s� � ` X r;,. i LOT 3 C•S No. $4W LOT 3 LOT 2 •-�- .` LEGEND •A'sc* LOT t 5' wide gravel pathway 'Z,1 Xyt >L)C-AXXx L '•"'3L•�r / 5' wide concrete sidewalk `•'•• • " \ Minted pedestrian crosswalk k:�/ amended Covenant* 2.3 Commercial Lots-Zoned B-1 Lot 1A of Block 3;Lots 1A 1,2A,3A of Block 4;Lot 1A of Block 6 i 2.3.1 Permitted and Approved Conditional Uses: 2.3.3 The total maximum gross floor area for all lots combined on Blocks 3,4,and 6 is limited to 57,500 square feet. 2.3.4 The maximum gross floor area for each commercial structure on Lot 1A 1 of Block 3 and Lot 1A of Block 6 is limited to 5,000 square feet. 2.3.5 The maximum gross floor area for each commercial structure on Lots 1A 1 &2A of Block 4 is limited to 5,000 square feet, except that, utilizing zero lot lines,one structure on Lots IA 1 and 2A combined will be allowed with a maximum total gross floor area of 10,000 square feet;and one structure on Lot 2A will be allowed with a maximum total gross floor area of 10,000 square feet. 2.3.6 The maximum gross floor area for each commercial structure on Lot 3A of Block 4 is 5,000 square feet,except that, adjacent to the North 19th Crossroad,one structure will be allowed with a maximum footprint of 10,000 square feet and a maximum total gross floor area of 15,000 square feet. 2.3.7 In a structure that exceeds 5,000 square feet, the maximum floor space for any one commercial activity may not exceed 5,000 square feet. 3.13 Subdivision No lot in Walker Property may be subdivided except that commercial Lots 2A,3A &4A, Block 4 may be subdivided into no more than two(2) lots. The owner of each resulting lot shall be deemed a lot owner for the purposes of these Covenants. Future subdivision of any lots will be i processed and reviewed against the Bozeman Area Subdivision Regulations and the Bozeman Area Zone Code in effect at the time of application. amended By-law 2.1 An annual assessment shall be determined by the Board of Directors of the Association in an amount estimated to cover the normal operating expenses of the Association for each year. Normal operating expenses will include road maintenance and snow removal, common open space maintenance, implementation of a weed control plan,operation of a sewage lift station, maintenance of pedestrian pathways on common open spaces, maintenance of painted pedestrian crosswalks,and any other amenities voted upon by the membership, together with such additional amounts as may, in their reasonable judgment, be necessary to cover any past deficits from operations or to create reasonable reserves for the future cost of operations. ���— �' `�� ve���vv�.9-�c�C�— . * TRANSACTION REPORT * * ' JUL- 19-95 WED 04 : 25 PM * * * * FOR : CITY OF BOZ . CARNEGIE 406 582 2363 * * * * RECEIVE * * * * DATE START SENDER PAGES TIME NOTE * * * � � * JUL- 19 04 : 24 PM 14065873272 1 39n OK * * * ********************************************************************* | JUL-19-95 WED 04 :26 P*EA TAYLOR (66587327 P. v7'1 �cnder: V;ea Cantor 7,4x#; 406 587 3272 a 9'M sending this as 3,qx as J can! Date: 7119195 Cime:3.30 p.rn. To: Dave Skelton No. of pages (including this coversheeO: 1 i Dave- �have still not received notice that our arnendwnents to the Walker Property Owners Association Covenants were approved by the City and County Comm ssioners. My understanding is that they are not final until that time,since review and approval are necessary for any changes. Please let me know when your work is complete so 9 car? notify WPOfl members and start the clock ticking. Thanks - • RECEIVED BY AUG 2 1 1995 Proposed Amendment to Walker Property G,T+-couniy FL"w s Declaration of Restrictions and Protective Covenants To Item 3.0, Conditions and Restrictions add 3.15 Pedestrian Circulation System A pedestrian circulation system shall be implemented as an amenity for those persons living and working in Walker Property Subdivision. It shall be the responsibility of the Declarants to construct and of the Walker Property Owners Association to maintain gravel pathways and painted pedestrian crosswalks described in Section 3.15 of the Declaration of Restrictions and Protective Covenants of the Walker Property. Pathways which are disturbed during construction must be returned by the lot owner to their initial condition. Concrete sidewalks within the B-1 commercial area are the sole responsibility of individual lot owners. Gravel pathways will be N wide by 4°,deep,of compacted 3/4" gravel road mix. Concrete sidewalks will be 5'wide by 4" deep. •Reeves Road East (Block 5,Lots 1,2,and 3) and Campbell Road (Block 2, Lots 1,2,and 3) -A five(5) foot wide gravel pathway shall be installed at least one(1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed or within three(3) years of the City Commission decision(March 6, 1995). When pathways are installed adjacent to intersections, crosswalks will be painted at the intersection of Campbell Road and Reeves Road East and the intersection of Campbell Road with U.S. Highway 10. • Campbell Road (Common Open Space) - A five (5) foot wide gravel pathway shall be installed along the south property line adjacent to Block 2, Lots 1 and 2,and the North 19th Overpass embankment,with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway is to be to be installed within three(3) years of the City Commission decision(March 6, 1995). •Kean Drive and Gibson Drive - No pathway is required along these roads, but crosswalks will be painted at the intersections with Campbell Road at the time of fifty(50)percent buildout of those lots accessing each subdivision road has been achieved. •Udn hill Road (Block 2, Lot 1;Block 3, Lot lA (at owner's discretion); Block 6,Lot lA -A five (5) foot wide gravel pathway shall be installed at least one(1) foot inside the property line, with landscape features per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. Gravel pathways should be extended only to the property lines where they intersect North 19th Avenue and U.S. Highway 10. •Reeves Road West (Block 4, Lots 1A,2A,3A;Block 6,Lot 1A) -A five (5) foot concrete sidewalk shall be installed one(1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines and painted crosswalks at the intersections with Springhill Road, Enterprise Road,and U.S. Highway 10. The sidewalk and crosswalks should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. When sidewalks are installed adjacent to intersections,pedestrian crosswalks will be painted at the intersections of Reeves Road West with U.S. Highway 10, Springhill Road,and Enterprise Road. •Enterprise Road (Block 4, Lot 1A) -A five(5) foot concrete sidewalk shall be installed one(1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The sidewalk should be indicated when projects are submitted for site plan review prior to construction and installed at the time the lot is developed. •U.S. Highway 10 (Block 5, Lots 1,2,and 3;Block 6,Lot 1A) - A five (5) foot wide gravel pathway shall be installed within the fifty(50) foot wide landscape buffer strip,with landscape features per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. Item 1.5 Setbacks and Easements change "Lot 4,Block 4" to "Lot 1A,Block 6" Item 2.3 Commercial Lots -Zoned B-1 change "Lot 1 of Block 3;Lots 1,2,3, &4 of Block 4" to "Lot lA of Block 3;Lots lA 1,2A,3A of Block 4;Lot lA of Block 6" Item 2.3.3 Commercial Lots -Zoned B-1 change "Blocks 3 and 4" to "Blocks 3,4,and 6" Item 2.3.4 Commercial Lots -Zoned B-1 change "Lot 1 of Block 3 and Lot 4 of Block 4" to "Lot IA 1 of Block 3 and Lot IA of Block 6" Item 2.3.5 Commercial Lots -Zoned B-1 change "Lots 1 &2 of Block 4" to "Lots lA 1 &2A of Block 4";change "Lots 1 and 2" to "Lots 1 A 1 and 2A";change "Lot 2" to "Lot 2A" Item 2.3.6 Commercial Lots -Zoned B-1 change "Lot 3 of Block 4" to "Lot 3A of Block 4" Item 3.13 Subdivision change "No lot in Walker Property may be subdivided except that commercial Lots 2 &4,Block 4 may be subdivided into no more than two(2) lots and commercial Lot 3, Block 4 may be subdivided into no more than three (3) lots." to "No lot in Walker Property may be subdivided except that commercial Lots 2A,3A &4A,Block 4 may be subdivided into no more than two (2) lots." Proposed Amendment to Walker Property and By-laws To By-laws Item 2.1 Assessments: I delete "operation and maintenance of satellite TV antennas and related equipment" j add " maintenance of pedestrian pathways on common open spaces, maintenance of painted pedestrian crosswalks" These amendments were voted upon by membership of WPOA at their May 1, 1995 annual meeting. They are being submitted to Gallatin County Commission and the Bozeman City Commission for review and approval. or W \ t ••r78AD rEAf PLOW PLAT••MV. IIr1..4 t s LOT 3 ' .... ••'\ Walker Property Pedestrian Pathway System I CWOOI OFEo SPAG9 I LOT , �'•~�3.ea, .CS. ` i z.ze� us• 1 LOT 2 s;Z55 A". I+ c MiM OPEN SPACE l ;,f �oFfr f Z.Ito ACS. ' X LOT 1 ```: �• . ,,� , ' LOT S ' ' r STORAGE POND FOR \ 2.041 4 S. .7 lOT 7 ` r,RE PROTECTION .•`r S.SW ACS. LOT 6 J •• COflQU OVEN SPACE ,•`. vE• � r LOT 8V. •t I 1 A. S.Zkys 8L= 2 I X �o �`q + LOT 9 •. i da 6 `�j� \• no ACS. •\ j I Xo �1 a Lot IA. ��or fiff \�• .�t I X I 1 X. �1 v r• •��f �+. LOT 10 S.S" Ks. I lufnlcno ra rff.ul•rr. BCpCK 6 �. o le Lay iA ,a bi o-BLOCK +— 1 asrr.a LOT 2A x x X LOT 2 `� ♦ / 4 LOT 3A �7 '"• \ N, LOT 3 1 `•\ \ •• •IKT N • \ \ ,X LOT 3 cT 2.9l0 AGi •r' • ` • LOT 2 LEGEND •�`�Cv, LOT 1 5' wide gravel pathway XxxxxXXXxx 1.&am '•x 5' wide concrete sidewalk o•'•0 4 0• `` `\ painted pedestrian crosswalk A BOZEMAN b• CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN. MONTANA 59715 PLANNING OFFICE PHONE:(406)586-3321 Ext.227 July 16, 1993 Ms. Susan Nelson 1500 Reeves Road Bozeman, MT. 59715 RE: Walker Property Subdivision Dear Susan: The . Bozeman City-County Planning Office has reviewed your request to modify the Walker- Property Subdivision planned unit development as per your letter, dated June 28 , 1993 ,' and as a result provide the following comments for your consideration. Conceptually, . the request to modify the mixed use commercial/residential planned unit development would appear possible . However, the modification as outlined in your correspondence would be considered a major modification to the approved plan and would consequently require not only a zone map amendment to the Bozeman Area Zone Map, but also major preliminary subdivision plat review and application for a new conditional use permit to modify the planned unit development . The Planning Office would entertain exclusion of the concept planned unit development review and would allow you to proceed with formal preliminary plan review by making application for a conditional use permit to this office . However, it would be necessary to apply for pre-application subdivision plat review prior to application for preliminary subdivision plat review in order to amend the subdivision planned unit development. This approach to the subdivision review process is intended to allow the developers the opportunity to amend the commercial lots located in the "B-1" , Neighborhood Commercial District, based upon the newly proposed intersection of Reeves Road with U. S . Highway No . 10 . As a result, it would be appropriate to make application simultaneously for the proposed zone map amendment and pre- application subdivision plat review to identify any City staff or local agency concerns prior to application for the conditional use permit to modify the planned unit development and the preliminary subdivision plat review. Once you have obtained zone map amendment approval and pre-application subdivision plat review it would be possible to process both conditional use permit and preliminary subdivision plat review through this office at the same time. At this time it would be difficult to summarize the time frame necessary to process the formal applications (conditional use permit and preliminary subdivision plat review) pending the Susan Nelson July 16 , 1993 Page Two submittal and review time for completion of the zone map amendment and pre-application subdivision plat review. However, six ( 6) to eight (8) weeks should be ample to process both formal applications. As noted earlier, the Planning Office would find that the proposal is conceptually supportable . However, until approval of the zone map amendment has been granted by the Bozeman City Commission, the Planning Office would not be in a position to .proceed with the conditional use permit and/or preliminary subdivision plat review. Once you have had an opportunity to review the above comments, don't hesitate to contact me at the Planning Office to discuss the proposed modifications in further detail. Sincerely, YDavndP. Skelton Senior Planner DS/dps T . E *OE D BY BOZEMAN CITY-COUNTY PLANNING OFFICE DATE June 28, 1993 Dear Planning Staff, I am writing to ask for a staff determination as to the review requirements that would be imposed on a division of my property on Reeves Road, also known as Tract 4A of C.O.S. 1498C (plat attached). When Walker Property Subdivision was conceived of and planned, it was my intention to live permanently at 1500 Reeves Road, and the tract was not included in the subdivision. My plans have changed, and now it seems best to incorporate the property into the subdivision and separate the two existing homes onto individual lots, as shown on the attached plat. The proposed division would-not create any additional home sites, increase traffic impact, require additional city or county services, nor alter the existing pattern of open space or viewsheds. It would eliminate the existing dual zoning and would increase aesthetic and environmental safeguards through protective covenants. In order to accommodate the division, I would need to rezone the property. To that end, I propose that the property be absorbed, as an amendment or as a second phase, into the Walker Property Subdivision. The proposed rezoning would be R-2, in keeping with the approved single-family area on Gibson Road. This rezoning would replace the R-O/AS split on the existing tract and would create a logical progression of zoning from the Riverside Acres Subdivision through the Walker Property Subdivision. Also, the shape of the subdivision would be rounded out in a more logical way with the _ addition of the Tract 4A. The covenants of the Walker Property Subdivision (attached) would apply, to the two lots, whereas very few covenants now apply to Tract 4A. The Walker Property covenants would protect neighboring properties' views and property values to a greater degree than the existing zoning-and-covenant combination. In addition, the application of Walker Property's protective covenants to Tract 4A would ensure a more unified appearance for the area if any future building, rebuilding, or development takes place. In addition, the Walker Property covenants would provide recourse if deterioration of either home or lot were ever allowed. Due to the size of the proposed lots, I would like to exclude the fofrowing two covenant restrictions from applying to the new lots: the prohibitions against livestock and against further division of the lot(s) in the future. Both proposed properties could easily accommodate a few horses, and one would include a riding arena and loafing shed (existing). While I would prefer that the lots not be divided in the future, I feel that changes in demographics and demand may make it logical, at some time, to further divide one or both lots. Any such development would be subject to full review. I - My partner (mother) is in agreement that it makes sense for Tract 4A to be included in the Walker Property Subdivision for the reasons stated above, and because the two existing homes are served by roads and a fire prevention fill site that the Walker Property Owners' Association (WPOA) must maintain. Inclusion of the two lots in the WPOA would help pay for that maintenance. I request that the Planning Staff consider this proposed division as a candidate for in-house review. While a division would take place, it would not adversely affect neighboring properties, nor change any existing conditions aside from creating an invisible line between the houses. Future changes would be guided for the better by the Walker Property covenants and by the regular review procedures appropriate to the changes proposed. Please let me know as soon as possible how the Planning Staff would designate an application for the above described division. 5 Bea Taylor Q,,1` �v-a Rrv. rrV 1 � RECEIVED BY BOZEMAN CITY-COUNTY PLANNING OFFICE r DATE Changes in Covenants to Satisfy Conditions& Staff/DRB Recommendations To satisfy Change on Condition faze P3 B-8 ..no vegetation or deadfall shall be removed within the 100-foot habitat preservation setback along the East Gallatin River without prior approval of the Committee and the Montana Department of Fish,Wildlife and Parks. 310 Permits and/or Floodplain Development Permits are required for any construction within the East Gallatin River or the 100-year Foodplain boundary. P4 B-8 ..without prior approval of the Committee and the Department of Fish, Wildlife and Parks. Weeds in the common open space will be controlled by the Association according to the weed control plan approved by the County Weed Control Board. P7 B-3 A 35-foot wide stream setback shall be maintained along the East Gallatin River. Additionally,a 100-foot wide habitat preservation setback shall be maintained along all river frontage. No building(principal or accessory structure)or improvements may be made within this setback without written permission of the Montana Department of Fish,Wildlife and Parks. The 35-foot wide stream setback shall be included within the boundary of the 100-foot wide habitat preservation setback. P 19 B-2 A 50-foot landscape buffer strip easement along Highway 10... P23 B-15 ...boundaries of the subdivision, subject to review by the Gallatin County &Z5 Commission and the Bozeman City Commission. 1 9/12/91 Z 1 B-9 Development of Commercial Lots Following approval by the Committee, developers of commercial lots must present plans for site plan review per the Zoning Ordinance of the City of Bozeman. Any subdivided lot will be reviewed against the Bozeman Area Subdivison regulations in effect for the area at the time of application. The maximum buildout for all lots combined on Blocks 3 and 4 is 57,500 square feet and the maximum use for one commercial enterprise will not exceed 5,000 square feet. The maximum gross floor area for each commercial structure on Lot 1 of Block 3 and Lot 4 of Block 4 is limited to 5,000 square feet. The maximum gross floor area for each commercial structure on Lots 1 & 2 of Block 4 is limited to 5,000 square feet, except that one structure each on Lots 1 &2,utilizing zero lot lines, or two structures on Lot 2,adjacent to the North 19th Crossroad,may be combined resulting in one structure with a maximum total gross floor area of 10,000 square feet. The maximum gross floor area for each commercial structure on Lot 3 of Block 4 is 5,000 square feet, except that, adjacent to the North 19th Crossroad, three 5,000-square foot structures may be combined resulting in one structure with a maximum footprint of 10,000 square feet and a maximum total gross floor area of 15,000 square feet. Z4 B-8 Landscape Buffer Strip Lots which include land designated as a"50-foot landscape buffer strip easement"along Highway 10 must maintain said buffer strip to standards required by the City of Bozeman for an entryway corridor. An overall landscape plan for the 50-foot landscape buffer strip easement,provided by the Declarants,will be used as a benchmark for assessing landscaping during the review process by the Committee, the City of Bozeman, and/or Gallatin County. Z6 B-9 Development of Multi-Family Dwellings Lot 3 of Block 1 shall be limited to a maximum density of four(4) dwelling units. Lots 2&4 of Block 1 shall be limited to a maximum density of eight(8)dwelling units, except that the density for Lots 2&4 of Block 1 may be combined for a total density on both lots combined of sixteen(16)dwelling units. Utilization of this option will be subject to review by the Design Review Board. If all 16 units are built on Lot 2, Lot 4 may not be developed. No future subdivison will be allowed. 2 9/12/91 V B-4 Commercial The permitted uses listed below are intended to provide a comprehensive selectic of uses which will provide for an agreeable mix of business and professional offices and a variety of neighborhood conveniences. R-O Lot 1, 2& 3 of Block 5; Lot 1, 2&3 of Block 3 Business and professional offices Medical offices Dwelling units on second storey Community social center Churches Day care center Health and exercise/fitness center Photographic studio Restaurant Tennis and racquet club Fences, signs, refuse containers Parking areas Private garage for offices and apartments Such other similar uses or essential services as approved by the Design Committee and by the appropriate City or County authorities I 3 9/12/91 i Z8 B-6 B-1 Lot 1 of Block 3; Lots 1,2,3, &4 of Block 4 Convenience food store with gas pumps Day care center Dwelling units on second storey Food stores to include: Bakery for on-site sales, less than 4,000 square feet Delicatessen and catering establishments Grocery stores Food and beverage establishments to include: Convenience food restaurant Restaurants Restaurants serving alcoholic beverages Personal and convenience services to include: Automatic Teller Machine Barber shop Beauty parlor Car wash(single bay) Community center or meeting hall Dancing, music, or theatrical studios Dry cleaning and laundry establishment for drop off/pick up service Health and exercise/fitness center Laundromat, self-service Medical,dental, or health clinic Photographic studio Shoe repair and shoe shine store Video sales and rental Watch repair shop I 4 9/12/91 • Retail uses to include: Antique shop and service Apparel and accessory shop Art gallery j Art supply store Audio visual equipment sales and rental Bicycle sales, service,and repair shop Book and stationery store Candy and frozen dessert store Computer store Drug store Dry goods and notion store Florist Garden supply store, indoor sales only Gift shop Grocery store,including retail markets and produce store Hardware store Hobby shop Jewelry and metal craft shop Leather goods and luggage shop Liquor Store Music and instrument sales, service, and repair shop Newspaper and magazine store Photographic equipment and supply store Picture frame shop Shoe store Sporting and athletic goods store Toy store Variety store Other small retail uses similar to those listed above Churches Professional and business offices Tennis and racquet club Fences, signs, refuse containers Accessory structures Temporary building and yards incidental to construction work Parking areas as required Such other similar uses or essential services as approved by the Design Committee and by the appropriate City or County authorities Z9 B-12 Committee approval will be required before plans are submitted to the Bozeman City-County Planning Office for site plan review against the City of Bozeman Area Zoning Ordinance and Bozeman Area Subdivision Regulations in effect at the time of site plan application and review. Z11 B-9 Siting of Residential Buildings Builders of residential buildings with river frontage must undergo review by the Montana Department of Fish,Wildlife and Parks for siring of all residential buildings prior to issuance of building permits. 5 9/12/91 Z13 B-9 Historic Buildings Buildings which are located on Lot 1, Block 2 or in Common Open Space adjacent to Campbell Road and Springhill Road and are designated as Historic Buildings by the Historic Preservation Society may not be removed unless prior notification of intent has been made to the Museum of the Rockies, the Gallatin Historical Society,and the Montana Historic Preservation Society,giving these organizations an opportunity to remove and/or relocate said buildings. rec B-9 Roads Declarants will install all subdivision roads to County specifications within the dedicated 60-foot public right-of-way and such roads shall be owned and maintained by the Association until such time as the County assumes responsibility for subdivision roads.... Fire Protection Subdivision roads must be clearly marked to assist fire suppresion. All homes will be assigned an address number and said number must be clearly displayed on the residence, commercial structure, or office building. Subdivision ....Future subdivison of any lots will be processed and reviewed against the Bozeman Area Subdivison regulations in effect at the time of application. rec B-11 ...and snow removal, common open space maintenance, implementation of a weed control program... rec 4 ...beneficial to the overall aesthetic and development interests of the property. rec 21 (Gallatin County Version) or subsequent regulatory requirements. rec 22 ...entry lane or hedgerows that act as windbreaks or delineate their property boundaries... delete B-2 bike path easement add 28 5.0 REVISION Any revision to these architectural and landscape guidelines must receive approval of a majority of the Design Review Committee,a majority of members responding to a call for a vote regarding such revision,and the Bozeman City Commission. 6 9/12/91 Mrs. Beatrice Taylor Post Office Box 3870 Bozeman, Montana 59772 September 11, 1991 Mr. Dennis Sibold RECEIVED BY 60Z�MAN Gallatin Historical Society � Pioneer Museum CITY-COUNTY PLANNING OFFICE 317 West Main Bozeman, MT 59715 DATE Dear Mr. Sibold; In accordance with a condition of approval for a subdivision, imposed by the City of Bozeman, Susan and 1 have agreed to notify the Museum of the Rockies, the Gallatin Historical Society, and the State.Historic Preservation Office if we intend to remove any structures associated with the Jackson homestead across from the Waste Water Treatment Plant on Springhill Road, Bozeman. We are planning to remove three small structures on this site in the very near future. This action is necessitated by the alignment of Campbell Road as shown on the preliminary plat for the Walker Property. The buildings are identified on the Montana Cultural Resource Inventory #MGA 725 as two chicken coops (Structures 4 & 6) and a privy (Structure 7) and are highlighted on the enclosed map. The buildings are in poor condition. If you are interested in relocating one or all of these buildings to another site for restoration and preservation, please notify us and the City-County Planning Office office within 5 working days so we can make suitable arrangements. Yours truly, Beatrice R. Taylor enclosure cc: Andy Epple, Planning Director i Mrs. Beatrice Taylor Post Office Box 3870 Bozeman, Montana 59772 copies to: Mrs. Judy Weaver, Acting Director Museum of the Rockies Montana State University Bozeman, MT 59717 Mr. Dennis Sibold Gallatin Historical Society Pioneer Museum 317 West Main Bozeman, ivi i 59715 Marcella Sherfy State Historic Preservation Officer Montana Historical Society 225 North Roberts Helena, MT 59620-9990 Mr. Andy Epple City-County Planner Planning Office Carnegie Building Bozeman, MT 59715 Figure 8 pg 7 I Y 1 I 1 1 1 1 y 1 1 u � I O 1 i •` i 1 0 � { rRrnrr-N V4 -s N � 2 m a % 1 O (YI 5 1 16 1� O 3 C ' � 1 2 I Q r H 4J b 1` 1 '+''►, NY- Rig •�" , J � I N n ------------ I 4 ,� I September 5 , 1991 Beatrice and Susan Taylor P.O. Box 3870 Bozeman , MT . 59715 RE: Conditional Use Permit for Walker Property Planned Unit Development - #Z-9189 Dear Beatrice and Susan: The purpose of this letter is to formally inform you that at the Monday , August 19 , 1991 , regular scheduled meeting of the Bozeman City- Commission , the application for a conditional use permit to develop the proposed Walker Property Planned Unit Development was conditionally approved with the following attached conditions : 1 . That the maximum gross. floor area for each commercial structure in Block #3 and Block #4 be limited to five thousand ( 5 , 000 ) square feet, with the exception of Lot #2 and Lot #3 of Block #4 which shall be limited to one structure with a footprint of ten-thousand ( 10 , 000 ) square feet, and that Lot #1 and Lot #2 of Block #4 may utilize zero lot lines for one structure with a maximum gross floor area of ten-thousand ( 10 , 000) square feet, and that the maximum gross floor area per activity on Block #3 and Block #4 be five-thousand (5 , 000 ) square feet, and that the total maximum gross floor area for Block #3 and Block #4 be fifty-seven thousand five hundred ( 57 , 500) square feet, and that it be noted as such in the property owner ' s association documents ; 2 . That the property owner' s association be responsible for installation of the fifty (50) foot landscape buffer strip along U . S . Highway No. 10 , that improvements be installed prior to application of a building permit for each lot, and that the property owner of each commercial lot be responsible for maintenance of that portion of the landscape buffer strip upon their property ; 3 . That the applicants submit a landscape/irrigation site plan for the fifty-foot' ( 50 ft. ) landscape buffer strip and the North 19th Crossroad embankment for review and approval by the Bozeman City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of the first commercial lot; 4. That the applicants submit a pedestrian circulation plan for the planned unit development for review and approval by the Bozeman City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of the first commercial lot; Changes in Covenants to Satisfy Conditions & Staff/DRB Recommendations To satisfy Change on Condition page P3 B-3 A 35-foot wide stream setback shall be maintained along the East Gallatin River. Additionally, a 100-foot habitat preservation setback must be maintained along all river frontage. No building (principal or accessory structure) or improvements may be made within this setback without written permission of the Montana Department of Fish, Wildlife and Parks. p22 ...entry lane or hedgerows that act as windbreaks.or delineate their property boundaries... Following is a list of suggested plant materials which are indigineous to or thrive in this area : (to be inserted) P17 B-2 A 10-foot public easement will be granted within the 60-foot road easement along the south side of Campbell Road and along the east side of Springhill Road from Campbell Road to the East Gallatin River to allow future construction of a public bike path/pedestrian path. Construction of said path shall be at the discretion and expense of Gallatin County or their assigns and shall take into consideration existing vegetation and land conditions. P19 B-2 A 50-foot landscape buffer strip easement along Highway 10... Z4 B-8 Landscape Buffer Strip Lots which include land designated as a "50-foot landscape buffer strip easement" along Highway 10 must maintain said buffer strip to standards required by the City of Bozeman for an entryway corridor. An overall landscape plan for the 50- foot landscape buffer strip easement, provided by the Declarants, will be used as a benchmark for assessing landscaping during the review process by the Committee, the City of Bozeman, and/or Gallatin County. 1 B-8 .. without prior approval of the Committee and the Department of Fish, Wildlife and Parks. Weeds in the common open space will be controlled by the Association according to the weed control plan approved by the County Weed Control Board. B-9 Roads Declarants will install all subdivision roads to County specifications within the dedicated 60-foot public right-of- way and such roads shall be owned and maintained by the Association until such time as the County assumes responsibility for subdivision roads.... Fire Protection Subdivision roads must be clearly marked to assist fire sup,ppresion. All homes will be assigned an identification number and said number must be clearly displayed on the residence, comemrcial structure, or office building. Subdivision ....Future subdivison of any lots will be processed and reviewed against the Bozeman Area Subdivison regulations. Z 1 B-9 Development of Commercial Lots Following approval by the Committee, developers of commercial lots must present plans for site plan review by the City of Bozeman. Each commercial lot will be reviewed against the Bozeman Area Subdivison regulations in effect for the area at the time of application. The maximum gross floor area for each commercial structure on Lot 1 of Block 3 and Lot 4 of Block 4 is 5,000 square feet. The maximum gross floor area for commercial structures on Lots 1,2, & 3 of Block 4 is an aggregate total of 20,000 square feet. 2 V B-9 Development of Multi-Family Dwellings Lot 3 of Block 1 shall be limited to a maximum density of four (4) dwelling units and Lots 2 & 4 of Block 1 shall be limited to a maximum density of eight (8) dwelling units with no future subdivison allowed. Z9 B-4 delete Essential services both lists; modify catch-all to read: to Such other similar uses or essential services as approved by B-6 the Committee and by the apropriate City or County authorities R-O: delete restaurants and restaurants serving alcoholic beverages B-1: delete bar (tavern, cocktail lounge) delete Banks and other financial institutions include automated teller machines delete game room/pool hall change ice cream to frozen dessert B-8 ..vegetation removed...approval of the Committee and the Montana Department of Fish, Wildlife and Parks. B712 Committee approval will be required before plans are submitted to the Bozeman City-County Planning Office for review against the City of Bozeman Area Zoning Ordinance and Bozeman Area Subdivision Rgulations in effect at the time of site plan application and review. P23 B-15 ...boundaries of the subdivision, subject to review by the & Gallatin County Commission and the Bozeman City Z6 Commission. Z12 B-9 Builders of residential build with river frontage must undergo review and receive written approval of the Montana Department of Fish, Wildlife and Parks for siting of all residential buildings prior to issuance of building permits. 4 ...beneficial to the overall esthetic and development interests of the property. 3 21 (Gallatin County Version) or subsequent regulatory requirements. B-11 ...and snow removal, common open space maintenance, implementation of a weed control program... 4 to satisfy condition P18 To: Gallatin County Commissioners Re: Planning Application #9106 Subject: Request for Order Waiving Land Dedication and Cash Donation Requirements Susan R. Taylor and Beatrice R. Taylor, Applicants, having met the requirements for dedication of open space in a Planned Unit Development, hereby petition the Gallatin County Commission to waive land dedication and cash donation requirements for the Walker Property Planned Unit Development. Section 16.12.060.E of the Gallatin County version of the Bozeman Area Subdivison Regulations requires 30% of the area of the P.U.D., exclusive of all dedications,to be dedicated park land and/or open space. Applicants propose to provide designated common open space to replace residential dedicated park land. Applicants propose to develop 117.57 acres as a Planned Unit Development incorporating: R-2 11.44 acres R-3 10.74 acres R-O 18.18 acres B-1 9.06 acres Roads 16.82 acres Common Open Space 2 1.01 acres Private Open Space 32.01 acres The 53.02 acres proposed exceeds the required 30.314 acres of open space and the proposed 17.46 acres of common ownership is greater than the required 15.157 acres of open space of common ownership. Signed: Susan R. Taylor Beatrice R. Taylor Date: To satisfy Condition P#3 No construction is contemplated within the East Gallatin River or 100-year floodplain boundary. Therefore, no 310 Permits and/or floodplain Development Permits are required. Should such construction be considered in the future; the landowner or developer will obtain all necessary permits. 'J to satisfy condition P 17 To: Gallatin County Commissioners Re: Planning Application #9106 Subject: Implementation of Public Bike Path on Donated Easement As a voluntary provision of Planning Application #9106, Susan R. Taylor and Beatrice R. Taylor dedicate to Gallatin County a 10-foot public bike path/pedestrian path to be located within the 60-foot road easement on the south side of Campbell Road and along the east side of Springhill Road from Campbell Road to the East Gallatin River. Construction of said path shall be at the discretion and expense of Gallatin County or their assigns and shall take into consideration existing vegetation and land conditions. Applicants hereby waive their right to protest an implementation plan funded by a general assessment or authorized and budgeted by Gallatin County or their assigns. Signed: Susan R. Taylor Beatrice R. Taylor Date: without written permission of the Montana D and Parks. The 35-foot wide stream setback : L P-4— boundary of the 100-foot wide habitat preser 1.4 Easements for utilities exist along the nor east side of Springhill Road and along all intf 1.5 An easement will be reserved on the soutl �� �`�`"""� 4 for the construction of a ground-mounted d be subject to approval by the Committee and - bodies. 1.6 No dwelling or improvements, nor any matenai, equipment, or reruse shall be placed on any part of said property within the area of the easements reserved as indicated on the plat of the property filed in the office of the Clerk and Recorder of Gallatin County Montana, or the easements reserved and created in these Protective Covenants. 2.0 Land Uses 2.1 Residential Lots 2.1.1 One single family dwelling, i.e. one living unit in a single building, per lot may be constructed on Lots 5, 6, 7, 8, & 9, Block 1. 2.1.2 Lot 3 of Block 1 shall be limited to a maximum density of four (4) dwelling units. Lots 2 & 4 of Block 1 shall be limited to a maximum density of eight (8) dwelling units per residential lot, Except that tfie density for Lots-2 & 4 of Block'1 may be combined ane'redistributed on-the Combined lots with atotal density of sixteen7'(16)dwelling units. Utilization . of this option will be subject to review by the �er4hy- � otloard:-`If all 16 units are built on I:ot 2, Lot 4 may not b developed and a "no structure- restrictive covenant for Lot.4_must be filed at-the•Gallatin'County Clerk'atid Recorder's Offcd' 2.1.3 In addition to the dwellings, there may be added private garages and outbuildings incidental to the residential use of the premises. Any buildings and improvements must be approved by the Committee and comply with applicable City and County regulations. 2.1.4 No building can be used as a dwelling until it is completely enclosed and the roof is on. Declaration-3 2.1.5 No residential building lot shall be used as a location or site for the conduct of any commercial or industrial enterprise or activity, with the „ . exception of"cottage industries" or.home businesses which maybe- permitted provided there are no signs or external evidence.of a:commercial- . venture. 2.1.6 Builders of residential buildings with river frontage must also undergo review by the Montana Department:of Fish,Wildlife.and Parks for siting of all residential buildings prior to issuance of building.permits.- 2.2 Office Lots - Zoned R-O Lots 1, 2, & 3 of Block 2; Lots 1, 2, & 3 of Block 5 Permitted Uses: t Business and professional offices Community social center Churches Day care center Dwelling units on second storey ' Health and exercise/fitness center Medical offices Photographic studio Restaurants Tennis and racquet club Fences, signs, refuse containers Parking areas Private garages for offices and apartments Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3 Commercial Lots - Zoned B-1 Lot 1 of Block 3; Lots 1, 2, 3, & 4 of Block 4 2.3.1 Permitted Uses Churches Dwelling units on second storey Personal and convenience services to include: Automatic Teller Machine Barber shop Beauty parlor Car wash (single bay) Declaration-4 Picture frame shop Shoe store Sporting and athletic goods store Toy store Variety store Other small retail uses similar to those listed above Tennis and racquet club Fences, signs, refuse containers Accessory structures Temporary building.and yards incidental to construction work Parking areas as required Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3.2 Following approval by the Committee, developers of commercial lots must present plans for site plan review per the Zoning Ordinance of the City of Bozeman. Any subdivided lot will also be reviewed against the , ,� Bozeman Area Subdivision Regulations in effect for the area at the time of application. 2.3,4 The total maximum gross floor area for all lots combined on Blocks.3 and 4 is limited to 57,500 square feed 2.3 J The maximum gross floor area for each commercial structure on Lot 1 of Block 3 and Lot 4 of Block 4 is limited to 5,000 square feet1 2.3$The maximum gross floor area for each commercial structure on. Lots 1 & 2 of Block 4 is limited to 5,000 square feet, except that, utilizing zero-lot-.lines, one structure on Lots 1 and 2-combined will 11owed with a maximum total3 gross'floor area of 10;000 square`feet;'or one structure on-L;ot 2`wi11 be allowed w th'a rmaxunum total.;gcoss floor area of 10,000 sQuare.:=feet.IzA,c LL ra t. Llt-+� 2.3.71 The maximum gross floor area for each commercial structure on Lot 3 of Block 4 is 5,000 square feet, except that, adjacent to the North 19th Crossroad, one structure will be allowed with a maximum footprint of 10,000 square feet and a maximum total gross floor area of,15,000 square. feet. In a structure that exceeds 5,000 square feet, the maximum floor space for any one commercial activity may.not exceed 5,000 square feet. 2.4 Open Space Declaration-6 Society, and the Montana Historic Preservation Society, giving these organizations an opportunity to remove and/or relocate said buildings. 13.12 New Structures ;.3 - 13.12.1 The size, height;-and appearance.of_buildings,,signs, parking areas,., fences, and landscaping are,subject to review by:the.Committee and are-,:.-, governed by the Walker Property General Architectural Character and Landscape Guidelines and..by all covenants pertaining to the Walker Property and by applicable City of Bozeman zoning regulations. 13.12.2 No temporary structures will be permitted on any lot except that one temporary building may be used on any lot during the course of continuous construction, not to exceed eighteen (18) months from start of said construction. 3.13 Subdivision No lot in Walker Property may be subdivided except that commercial Lots 2 & 4, Block 4 may be subdivided into no more than two (2) lots and commercial Lot 3, Block 4 may be subdivided into no more than three (3) lots. The owner of each resulting lot shall be deemed a lot owner for the purposes of these Covenants. Future subdivision of any lots will be b� processed and reviewed against the Bozeman Area Subdivision Regulations and the Bozeman Area Zone Code in effect at the time of application. 3.14 Responsibility All lot owners shall be responsible for performing or complying with all obligations under these Covenants. Should a lot owner lease his or her lot, both the lot owner and the tenant shall be jointly and severally responsible for performance and compliance with these Covenants. 4.0 Walker Property Owners Association It is the intention of the Declarants that a nonprofit corporation to be called Walker Property Owners Association, hereinafter referred to as "Association", will be formed-by the owners of the various tracts within the subdivision to: _ _.. ._ I Declaration•11 I�• \• PROPOSED 8' \\ \ 93 • 4617.23 � S \ I 48.a3. \ COMMON �39.33• \ s \ �tOPOSED 8' S.S. LINE �— B L 94 s LO i 76 PPROPOSED 8' INV. Q S.S. LINE \\ I o6 17.S k 9 LOT 6 1 c% \•A\ O I � \ .� O• n \\l, Ce\\\ 1 L LOT 4 a q 2 . 2, • . i \ ti� SO' a I5 D'6 S C S. I Nv. SO EASEMENT 4618.41 � B ► v �� — 11 S\�\ 9 4.6N % ZONED Y \ ��9• 199 0 T 3oPoSF F�u i0. ACS. s qo \ \loE' \ \ \ \ \ \ \ `FE`S \ 4ry w � O \ \ F N C �'Qto \P, 4m �o LD � \ IN\ s\t FSS I = . AWE d% \ \Q e 8/30/91 • • Changes in Covenants to Satisfy Conditions & Staff/DRB Recommendations To satisfy Change on Condition page P7 B-3 A 35-foot wide stream setback shall be maintained along the East Gallatin River. Additionally, a 100-foot habitat preservation setback shall be maintained along all river frontage. No building (principal or accessory structure) or improvements may be made within this setback without written permission of the Montana Department of Fish, Wildlife and Parks. rec p22 ...entry lane or hedgerows that act as windbreaks or delineate their property boundaries... P 19 B-2 A 50-foot landscape buffer strip easement along Highway 10... Z4 B-8 Landscape Buffer Strip Lots which include land designated as a "50-foot landscape buffer strip easement" along Highway 10 must maintain said buffer strip to standards required by the City of Bozeman for an entryway corridor. An overall landscape plan for the 50- foot landscape buffer strip easement, provided by the Declarants, will be used as a benchmark for assessing landscaping during the review process by the Committee, the City of Bozeman, and/or Gallatin County. P4 B-8 .. without prior approval of the Committee and the Department of Fish, Wildlife and Parks. Weeds in the common open space will be controlled by the Association according to the weed control plan approved by the County Weed Control Board. 1 8/30/91 • • rec B-9 Roads Declarants will install all subdivision roads to County specifications within the dedicated 60-foot public right-of- way and such roads shall be owned and maintained by the Association until such time as the County assumes responsibility for subdivision roads.... Fire Protection Subdivision roads must be clearly marked to assist fire suppresion. All homes will be assigned an identification number and said number must be clearly displayed on the residence, commercial structure, or office building. Subdivision ....Future subdivison of any lots will be processed and reviewed against the Bozeman Area Subdivison regulations. Z 13 B-9 Historic Buildings Buildings which are located on Lot 1, Block 2 or in Common. Open Space adjacent to Campbell Road and Springhill Road and are designated as Historic Buildings by the Historic Preservation Society may not be removed unless prior notification of intent has been made to the Museum of the Rockies, the Gallatin Historical Society, and the Montana Historic Preservation Society, giving these organizations an opportunity to remove and/or relocate said building. 2 I 8/30/91 • Z 1 B-9 Development of Commercial Lots Following approval by the Committee, developers of commercial lots must present plans for site plan review by the City of Bozeman. Each commercial lot will be reviewed against the Bozeman Area Subdivison regulations in effect for the area at the time of application. The maximum buildout for all lots combined on Blocks 3 and 4 is 57,500 square feet and the maximum use for one commercial enterprise will not exceed 5,000 square feet. The maximum gross floor area for each commercial structure on Lot 1 of Block 3 and Lot 4 of Block 4 is limited to 5,000 square feet. The maximum gross floor area for each commercial structure on Lots 1 & 2 pf Block 4 is limited to 5,000 square feet, except that one structure each on Lots 1 & 2 or two structures on Lot 2, adjacent to the North 19th Crossroad, may be combined utilizing zero lot lines, resulting in one structure with a maximum total gross floor area of 10,000 square feet. The maximum gross floor area for all commercial structures on Lot 3 of Block 4 is 5,000 square feet, except that, adjacent to the North 19th Crossroad, three structures may be combined resulting in one structure with a maximum footprint of 10,000 square feet and a maximum total gross floor area of 15,000 square feet. 3 8/30/91 • • Z6 B-9 'Development of Multi-Family Dwellings Lot 3 of Block 1 shall be limited to a maximum density of four (4) dwelling units. Lots 2 & 4 of Block 1 shall be limited to a maximum density of eight (8) dwelling units, except that the density for Lots 2 & 4 of Block 1 may be combined for a total density on both lots combined of sixteen (16) dwelling units. Utilization of this option will be subject to review by the Design Review Board. If all 16 units are built on Lot 2, Lot 4 may not be developed. No future subdivison will be allowed. 4 8/30/91 Z7 & 8 B-4 Commercial to B-6 The permitted uses listed below are intended to provide a comprehensive selection of uses which will provide for an agreeable mix of business and professional offices and a variet` of neighborhood conveniences. R-O Lot 11, 2 & 3 Block 5; Lot 1, 2 & 3, Block 3 Business and professional offices Medical offices Dwelling units on second storey Community social center Churches Day care center Health and exercise/fitness center Photographic studio Restaurant Tennis and racquet club Fences, signs, refuse containers Parking areas Private garage for offices and apartments Such other similar uses or essential services as approved Design Committee and by the appropriate City or Co authorities B-1 Lot 1, Block 3; Lots 1,2,3, & 4, Block 4 Convenience food store with gas pumps Day care center Dwelling units on second storey Food stores to include: Bakery for on-site sales, less than 4,000 square feet Delicatessen and catering establishments Grocery stores Food and beverage establishments to include: Convenience food restaurant estaurants estaurants serving alcoholic beverages 8/30/91 ,• P3 B-8 ..vegetation removed...approval of the Committee and the Montana Department of Fish, Wildlife and Parks. 310 Permits and/or Floodplain Development Permits are required for any construction within the East Gallatin River or the 100-year floodplain boundary. Z9 B-12 Committee approval will be required before plans are submitted to the Bozeman City-County Planning Office for site plan review against the City of Bozeman Area Zoning Ordinance and Bozeman Area Subdivision Regulations in effect at the time of site plan application and review. P23 B-15 ...boundaries of the subdivision, subject to review by the & Gallatin County Commission and the Bozeman City Z5 Commission. Z 11 B-9 Siting of Residential Buildings Builders of residential buildings with river frontage must undergo review by the Montana Department of Fish, Wildlife and Parks for siting of all residential buildings prior to issuance of building permits. I rec 4 ...beneficial to the overall aesthetic and development interests of the property. rec 21 (Gallatin County Version) or subsequent regulatory requirements. rec B-11 ...and snow removal, common open space maintenance, implementation of a weed control program... delete bike path easement 6 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 26, 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 26, 1991 , at 3:30 p.m. Present wer'e/M•a`yor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson,.rCo'mmissioner Knapp, City Manager Wysocki, City Attorney Becker and Acting Clerk of�tthe Commission Woods. The meeting was opened with the Pledge of Allegiance�"an"d a moment of silence. Mayor Hawks asked if any of the Commissioners_..requested that any of-the Consent Items be removed for discussion. City Manager Wysocki requested that Commission Resolution No. 2841 and authorization for the C�y Manager to sign the Agreement with the State Department of Highways regarding maintenance of traffic signals be removed for discussion. Minutes - August 12, 1991 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of August 12, 1991 be approved as amended. The motion carried by the fo�l>lo' wing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those' voting No, none. Continued---•pubi-ic--hearing•--Conditional-Use Permit'for a mixed commercial%.residentialip Rlanned:: nit- evelopment-oriT117..867 acres__located_.intthe NEJ and-SE - of Section--26-and S ^o :� ection- 25,' T1 S, 5E;. PM NE _corner of Sprin hi I Road-and- .S-10 - eatrice andtS-usa-n;4Taylor-�A' This was the time and place set for the continued public hearing on a Conditional Use Permit, requested by Beatrice and Susan Taylor, for a mixed commercial/residential Planned Unit Development on 117.867 acres located in the Northeast one-quarter and Southeast one-quarter of Section 26 and 'the Southwest one-quarter of Section 25, Township 1 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at the northeast corner of Springhill Road and U.S. Highway 10. Mayor Hawks opened the continued public hearing. City Manager Wysocki entered into the record a letter from Ileana Indreland, Bridger Realty, dated August 21 , 1991 ; a memo from Planning Director Andy Epple, dated August 23, 1991 ; a letter from Beatrice and Susan Taylor, dated August 23, 1991 ; a letter from Catherine Goetz, Historic Preservation Officer, dated August 5, 1991 ; and a copy of a Cultural Resource Inventory of the Springhill Road project as submitted to Montana Department of Highways by Heritage Research Center in Missoula, dated August 19, 1985. , 08-26-91 - 2 -• � Sl •. \ i i t Associate Planner Dave Skelton distributed a memo from the City-County Planning Office, dated August 26, 1991 , along with a copy 'of the permitted and conditional uses al- lowed in the June 1988 version of the Bozeman Area Zone Code for the R-O, B-1 and B-2 districts. He noted that the memo contains an evaluation by the planning staff regarding discussions with the City Commission during the past weeks on this matter, and asked that the Commission consider the revisions proposed by staff. The Associate Planner reviewed the memo just distributed, noting that he has compiled a copy of memos and miscellaneous information with an evaluation by staff regard- ing Commission discussions over the past two weeks. He then noted this includes some .proposed revisions for Commission consideration. He reminded the Commission that since this parcel lies outside the one-mile zoning jurisdictional area, this project must be con- sidered under the provisions of the 1988 zone code. The Planner then reviewed the revisions to the conditions being proposed for Com- mission consideration, as follows. He reminded the Commission that B-1 allows a maximum of 5,000 square feet per structure. Also, limitation of the total gross floor area per com- mercial lot is another item discussed during the past week. He then reviewed the lan- guage contained in the proposed revised Condition No. 1 . The Associate Planner noted that the developers submitted proposals for proposed layout of structures in the commercial portion of this development. He reminded the Com- mission that the intent of the- district is to provide small retail activity and still maintain a residential character. He stated that because of that staff feels it is important to observe the 5,000-square-foot limitation. He noted the exception to that rule is to allow the aggre- gate of Lots 2 and 3 of Block 4, which could be one structure totalling 10,000 square feet. He noted that this subject zone is to be used as a buffer between the interchange and highway, which is an appropriate use of that portion of this development. The Planner then stated that Condition No. 2 is to remain the same; Condition No. 3 is eliminated; and old Condition Nos. 4, 5 and 6 remain the same. The Planner stated that under old Condition No. 7, the applicant has requested authorization to located six- teen living units on Lots 2 and 4 of Block 1 to be located on one of two residential lots. He stated that staff would recommend that the condition remain as originally stated. He noted that while the concept of clustering is an excellent one, staff feels that to allow six- teen units on one lot rather than the allowable eight units represents too much clustering and compromises the residential integrity of the area. The Planner stated that staff recommends that old Condition No. 8 would remain the same. He stated that staff does have concerns about some of the proposed uses which would be allowed; however, staff feels that the proposed uses are appropriate because of the limitation of 5,000 square feet and with the architectural guidelines the im- 08-26-91 r ' - 3 - i pacts should be mitigated. The Planner then stated that old Condition Nos. 9, 10 and 11 remain the same. He stated that Condition No. 12 is to be slightly revised to reflect only review by the De- partment of Fish, Wildlife and Parks, rather than the previous requirement for review and written approval. The Associate Planner stated that a new condition is to be added which requires that the applicants provide a legal description for the four zone map amendments prior to final site plan approval of the planned unit development. He noted that the County Com- mission also imposed this condition on their approval of the subdivision. Mayor Hawks noted that if one totals all of the square footages allowable in the B-1 zoning district, it totals 45,000 square feet. He noted that is total square footage, not the footprint. The Planner responded that is correct. He noted that this would be administered similar to the Southwood Planned Unit Development, where the parking spaces available dictated the sizes of the buildings allowed, particularly for the last one or two. Responding to Mayor Hawks, the Planner stated that maybe a maximum of B-1 den- sity is a problem in the Southwood Planned Unit Development. He noted, however, that the limitation on maximum gross floor area per lot will solve some of the problems that have occurred in other areas. Responding to Commissioner Swanson's questions about old Condition No. 9, setting forth the list of permitted uses in the B-1 district, the Planner indicated that staff is com- fortable with the list. He stated there a number of uses that are listed in the applicant's revised listing that are listed as conditional uses in the code; and even with the guidelines they would remain as conditional uses and be subjected to that process. Mrs. Bea Taylor, applicant, asked for three items. She asked that on the permit- ted uses, they be allowed a restaurant in the R-0 zone, which would provide a conve- nience for those employees in the development. She also requested that in the B-1 , they be allowed. a liquor store as a permitted use, for sale of alcohol for off-premises consump- tion. She noted that this would also be for the convenience of those who live in that im- mediate area. Mrs. Taylor stated she recognizes Planner Skelton's concern about parking in the B-1 zone; however, she noted that in their proposal, they have requested au- thorization to construct up to a total of 57,500 square feet of buildings in the B-1 district as opposed to the staff's recommendation for a maximum of 45,000 square feet. She stated that with the high embankment of the interchange, it would be more .attractive to construct a two-story building on Lot 3. She noted that with a 45,000-square-foot limitation, what appears to be an excessive amount of open space would be required. Ms. Susan Taylor, applicant, asked that the Commission support their request for a 08-26-91 J 4 ' higher aggregate square footage of development in the B-1 district, recognizing that park- ing will be the limiting factor on the actual buildings constructed. Mayor Hawks stated it seems that the recommendations from the Bozeman Area Bicy- cle Advisory Board are for those who are experienced in bicycling, questioning whether the standards they recommend are adequate for the less skilled bicyclist. Commissioner Knapp stated an interest in having the Gallatin County Historical Soci- ety review the "Joseph Jackson" Homestead prior to any removal of structures. Responding to Mayor Hawks, Planner Dave Skelton stated that new Condition No. 12 is to provide an opportunity for those agencies specified to have access to those struc- tures to ensure the community's historic interest. He noted that these structures may be relocated in whole or in part. The Mayor noted that those buildings are perhaps significant on the site because of their placement and being representative of that period. He noted there was some dis- cussion about an attempt to preserve those structures through realignment of a roadway. Planner Skelton reminded the Commission that the County Commission has approved the preliminary plat for this subject development; therefore, the road alignments are es- tablished. He stated that with the location of Cameron Road, it will be extremely difficult to preserve the structures. Responding to a question raised by Ms. Susan Taylor, Planner Skelton stated that when establishing the maximum square footage on Lot No. 3, he keyed it only to the size of the structure. He noted that parking requirements and landscaping requirements will dictate what will develop on the lot itself. He stated, therefore, he does not feel it was imperative to establish a gross floor area. He suggested that with the guidelines proposed by the developer and the B-1 zone limitations, establishing the gross floor area per com- mercial lot may not be necessary. The Planner stated the. intent is to buffer the views of the North 19th Avenue crossroad. He noted that Lot 3 is far enough away from the U.S. 10....entryway corridor that it is a logical request. Responding to Commissioner Frost, the Planner stated that if one structure is erected on Lots 1 and 2 of Block 4 using a zero lot line, it could be utilized by one use, provided that the same individual owned both lots. He suggested another option would be to condominiumize the structure. Responding to Mayor Hawks, the Planner stated that if a 10,000-square-foot build- ing is constructed on Lots 1 and 2 combined, another 5,000-square7foot structure could still be constructed on Lot 2. He stated that on Lot 3, two structures could be erected, with neither one to exceed 5,000 square feet. Mayor Hawks stated he supports the applicant's argument that the size of the 08-26-91 - 5 - structure in Lot 3 may need to be larger due to the background. He stated that with the a lower square footage allowance and recognizing maximum development possible, he feels the proposed uses are acceptable. He,stated, however, that to allow a higher square foot- age of development lowers his concern about use increases because he does not feel it would then truly meet the neighborhood intent. Planner Skelton stated that staff considered various square footages; however, they decided to leave this condition as is and allow the Commission to discuss the issue further. Responding to Commissioner Swanson, the Planner suggested that it may be best to not establish a maximum square footage for Lot 3, but let the architectural guidelines con- trol the development on that lot, and leave the 5,000-square-foot maximum on the other lots. Responding to Mayor Hawks, the Planner stated that while allowing two-story struc- tures would not increase the footprint, it would impact the number of parking spaces re- quired. Mrs. Bea Taylor requested a clarification on old Condition No. 7. The Planner re- sponded that allowing sixteen dwelling units does not maintain the low-density residential characteristics. Mrs. Taylor stated that to allow the four townhouse- units all on one lot, they are surrounded on three sides by open space; and she feels• that could be accomplished very tastefully. Commissioner Goehrung noted the mix of B-1 and B-2 uses. He then asked if there would be* any formal review process if these uses are listed as permitted uses under this planned unit development. The Planner responded that a requirement under the guidelines is due process by the appropriate governing bodies. He noted, therefore, there is a potential that an appeal may come before the Commission. Mayor Hawks closed the continued public hearing. Mayor Hawks briefly reviewed the applicants' requests, as follows: reinsert restau- rants in the R-O zone and liquor stores under the B-1 zone; increase the total square footage to 57,500; and a request to amend the old Condition No. 7 to allow for clustering of the townhouse units. Commissioner Swanson stated that for the convenience of employees in the R-O zone, he feels that the request to allow a restaurant is appropriate. Mayor Hawks stated support for including liquor stores in the B-1 use list. He then reiterated his support for lowering the amount of square footage in the development, noting that will limit the type and size of use to ensure compatibility with the neighborhood. He further indicated his desire to maintain enough architectural flexibility 08-26-91 - 6 to allow an appropriate structure to be built on Lot 3, noting that the 45,000-square-foot maximum recommended by staff may become an extremely limiting factor. Commissioner Swanson asked what language changes would be required to give the flexibility requested by the applicant for development of Lots 1 , 2 and 3. Planner Skelton responded that Condition No. 1 could be revised to read ". . . that Lot 3 of Block 4 be allowed to develop a structure to a maximum gross floor area of 10,000 square feet. . ." He noted that under this scenario, the applicant would be allowed to con- struct up to 15,000 square feet, which would allow one 10,000-square-foot building and one i 5,000-squa re-foot structure. Mayor Hawks asked if any Commissioners were interested in increasing the gross floor area in light of this proposed change. Responding to Commissioner Knapp, the City Manager stated that no matter what total gross floor area is established, the developer must be able to show that all of the other code requirements can be accommodated. He stated that he feels that a cap should be established to ensure compatibility with the neighborhood; however, he noted that it may not be possible to reach that cap and meet codes. Commissioner Swanson suggested revising Condition No. 1 to establish a 57,500- square-foot maximum, with the specific stipulation that the development meet code. Responding to Mayor Hawks, the Planner stated that through the planned unit de- velopment process, the developer obtains a conditional use permit which essentially relaxes the code standards in specific ways. He then stated that if the applicant wishes to seek a change to the specific requirements for the planned unit development, the request comes back before the Commission as a request for modification. Responding to f Commissioner Swanson, Planner Skelton stated he feels that con- struction of sixteen townhouse residential units could. be tastefully done: He then sug- gested that the time that should be accommodated was during subdivision plat review. He stated that as staff, they trying to keep this development in line with low-density, sin- gle-family residential development with some clustering. He noted that to allow such a transfer of development would require the inclusion of a restrictive development covenant. Mayor Hawks asked if it would be possible to stipulate that if the applicant wishes to transfer the density, that project will be reviewed and approved by the Design Review ' Board. He noted that the Board could then address any Commission concerns. Responding to Commissioner Frost, the Planner stated restaurants are listed as con- ditional uses in the B-1 zone; and he feels the spectrum is broad enough that it should not be listed as a permitted use. Commissioner Frost stated that if the Commission allows the construction of two 10,000-square-foot buildings, he feels that to increase the aggregate to 57,500' square feet 08-26-91 I 7 0 would be appropriate, noting it would be the architect's responsibility to ensure that the development meets all of the code requirements as well as the guidelines for this project. He then stated support for allowing the construction of sixteen residential units on one lot, as long as a non-building covenant is. placed on the other lot, and the development is I subject to review by the Design Review Board. He then stated support for inclusion of restaurants in the R-O zone. Mayor Hawks stated he has one concern that to allow a structure over 10,000 square feet could allow a very large business to establish itself in this project, although he does not have any problem with allowing up to a 10,000-square-foot building. He then asked how the increase from 45,000 square feet to 57,500 square feet would be accom- plished, and whether the applicant would be allowed to build up on a 10,000-square-foot footprint on Lot No. 3. Planner Skelton suggested that the gross floor area be established at 57,500 square feet, with 5,000-square-foot maximums established on specific lots within the development. Mrs. Bea Taylor stated a willingness to establish a 5,000-square-foot limitation, on any one use, noting that could address any concerns about one large business being locat- ed in one structure. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission waive the customary one-week waiting period for land use decisions. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp,. Commissioner Goehrung and Mayor Hawks; those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the Conditional Use Permit requested by Beatrice and Susan Taylor, under Application No. Z-9189, for a mixed commercial/residential Planned Unit Development on 117.867 acres located in the Northeast one-quarter and Southeast one-quarter of Section 26 and Southwest one-quarter of Section 25, Township 1 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1 . That the maximum gross floor area for each commercial structure in Block 3 and Block 4 shall be limited to five thousand (5,000) square feet, with the exception of Lot 2 and Lot 3, Block 4, which shall be limited to one structure with a footprint of ten thousand (10,000) square feet; and that one structure on Lot 3, Block 4, shall be al- lowed a maximum total gross floor area of fifteen thousand (15,000) square feet; and that Lot 1 and Lot 2, Block 4, may utilize zero lot lines for one structure with a maximum gross floor area of ten thou- sand (10,000) square feet; and that the maximum gross floor area per use within any structure on Block 3 and Block 4 shall be five thou- sand (5,000) square feet; and that the total maximum gross floor area for Block 3 and Block 4 shall be fifty-seven thousand five hundred (57,500) square feet; and that it be noted as such in the property owner's association documents; 2. That the property owners; association be responsible for installation of the fifty (50) foot landscape buffer strip along U.S. Highway No. 08-26-91 J r 0 8 10, that the improvements be installed prior to application for a building permit for each lot, and that the property owner of each commercial lot be responsible for maintenance of that portion of the landscape buffer strip upon their property; 3. That the applicants submit a landscape/irrigation site plan for the fif- ty (50) foot landscape buffer strip and the North 19th Crossroad em- bankment for review and approval by the City-County Planning Office prior to final site plan approval and issuance of a building permit for development of the first commercial lot; 4. That the applicants submit a pedestrian circulation plan for the planned unit development for review and approval by the City-County Planning Office prior to final site plan approval and issuance of a building permit for development of the first commercial lot; 5. That the City Commission be made a party to any revisions or modi- fications to the architectural and landscape guidelines for the planned unit development; 6, That Lot 2 and Lot 4, Block 1 , be limited to a maximum density of eight (8) dwelling units per residential lot, except that the total num- ber of dwelling units for both lots may be transferred to Lot 2, with a maximum density of sixteen (16) dwelling units, upon approval of the site plan review application by the Design Review Board in light of Commission concerns; and that a "no structure" restrictive cove- nant be filed and recorded at the Gallatin County Clerk and Record- er's Office for Lot 4, Block 1 ; 7. That a list of permitted uses allowed on Block 2 and Block 3 of the Walker Property P.U.D. ("R-O" District) , include the revised land uses referenced in the applicant's letter to the City Commission, dat- ed August 23, 1991 , with the addition of "restaurants not serving al- coholic beverages," and that the list be revised accordingly in the covenants; 8. That the list of permitted uses allowed on Block 3 and Block 4 of the Walker Property P.U.D. ("B-1 " District) , include the revised land uses referenced in the applicant's letter to the City Commission, dat- ed August 23, 1991 , with the addition of "liquor stores," and that the list be revised accordingly in the covenants; 9. That the applicants include in the covenants of the property owners' association documents reference to the site plan review process for each individual commercial lot by the City of Bozeman, and that each commercial lot will be reviewed against the Bozeman Area Zone Code that is in effect for the area upon application for site plan review; 10. That the applicants receive review by the Montana Department of Fish, Wildlife, and Parks for siting of all residential buildings along the East Gallatin River prior to issuance of any building permits; 11 . That the applicants provide a legal description of each of the four zone map amendments approved by the Bozeman City Commission de- scribing the metes and bounds by a licensed Montana surveyor prior to final site plan approval of the planned unit development; 12. That the applicants .formally contact the Museum of the Rockies, Montana Preservation Alliance and the Gallatin County Historical Soci- ety, offering the entities an .opportunity to remove any or all of the structures in the "Joseph Jackson" Homestead, if the structures are in jeopardy, perhaps for reconstruction elsewhere, prior to any demo- lition of said structures; and 13. That three copies of the final site plan for the proposed planned unit development containing all the conditions, corrections, and modifica- tions approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval and prior to issuance of building permit or business license for the project, or commencement or any use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicants; 08-26-91 The motion carried by the following Aye and No vote: those voting Aye being Commission er Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Decision - Conditional Use Permit - R.P. , Eva and William L. Myers - allow High Ridge Es- tates of Montana to develop portions of an 18-hole golf course on property located in the S , Section 32 and W , Section 33, T2S, R6E and the NWJ, Section 4, T3S, R6E, MPM (east of Sourdough, approximately one mile south of Goldenstein Lane) This was the time and place set for the decision on the Conditional, Use Permit re- quested by R.P. Myers, Eva Myers and William L. Myers, to allow High Ridge Estates of Montana to develop portions of an 18-hole golf course on property located in the South one-half of Section 32 and the West one-quarter of Section 33, Township 2 South, Range 6 East and the Northwest one-quarter of Section 4, Township 3' South, Range 6 East, Montana Principal Meridian. The subject property is more commonly located east of Sourdough, approximately one mile south of its intersection with Goldenstein Lane. City Manager Wysocki submitted to the Commission a letter dated August 23, 1991 , which was received today, from Attorney Michael J. Lilly, regarding the possibility of a road being built along Sourdough Ridge, east of Sourdough Road. Associate Planner Dave Skelton distributed to 'the Commission copies of the staff re- port from May 1991 . He reminded the Commission;'that the staff report which was submit- ted to the City-County Planning Board, recommended conditional approval of the applica- tion with twenty conditions attached. He noted that attached to the back of the report is Resolution No. Z-9131 from the City-County Planning Board. He then stated there was a i question as to how that resolution should ,be read. He stated that since only six members of the board were present at this meeting, a unanimous recommendation was needed to ap- prove this resolution; and since the/vote was two to four, the. application has actually come before the City Commission with no recommendation. The Planner reminded the/Commission that in its report, staff recommended condi- tional approval of the application, subject .to twenty conditions. He noted that the Plan- ning Board considered that report and conducted its public hearing on the application pri- or to forwarding a "no recommendation." He stated that since the public hearing, the ap- plicant has tried to resolve the transportation problems in that surrounding area, primarily Sourdough Road. He noted that issue cannot be resolved at this time. City Manager Wysocki stated that he met with the land owners, with the City's ,role being facilitator in/an attempt to resolve the transportation problems. He then referred to the book prepared by Morrison-Maierle for this application, Figure 8 in particular, which shows a road across Sourdough Ridge that would go through about six properties and end at Kagy Bou'levard. He noted that figure is the basis upon which the conversations with /; 08-26-91 J • - 10 - acent property owners were conducted. He stated that after those conversations it has become evident that such a plan is not possible. He suggested that if the Commission so desires, they could add a condition which would require that discussions about a ridge road continue. The Planner stated that the County concentrated on the transportation system and traffic impacts on the surrounding area. He noted that at the Planning Board, several other issues were raised, which revolved around impacts on wildlife and wildlife habitat and water. Commissioner. Swanson reviewed the proposed Condition No. 4, along with a re- quested revision, as forwarded in a May 17 memo from Mr. Lilly. He also noted there were objections to Condition Nos. 9 and 11 . He then requested staff responses to these in the near future. Responding to Commissioner Frost, the Planner stated there is an application form which the applicant must file. Commissioner Frost requested that the Water Quality Bureau note the location and the aquifer direction so that it is understood that this water runs toward Bozeman and the way it will affect the water downstream, both groundwater and the aquifer. He asked if all of that information will be gathered. Planner Skelton responded in the affirmative. He stated the department is well aware of the situation with aquifers in this area. Commissioner Swanson noted the southeast water study commissioned by the County, which suggests a 50-percent build-out of the subdivision could take Sourdough Road from a Class B road to a Class E or F road. He suggested a condition to address that problem, and that such condition be added to this project which guarantees that Sourdough Road will not diminish from a "D" to an "F" quality road. City Manager Wysocki cautioned the Commission that this application. is for a golf course, not a subdivision. He reminded the Commission that the County has already ap- proved the subdivision. He then recognized the difficulty of separating the two issues. Mayor Hawks asked if the Commission is to discuss only the impacts from the golf course and their proportion of impact on the declining nature of the road or if the decline will be taken into consideration when it reaches a certain point. Commissioner Goehrung left the meeting at 5:12 p.m. City Manager Wysocki returned the discussion to Condition No. 4, noting the staff is suggesting an environmental assessment be completed, followed by an environmental im- pact statement. He suggested that it could be revised to require an environmental assess- ment, with the Water Quality Bureau making the determination about whether an environ- mental impact statement is needed as well. 08-26-91 MEMORANDUM TO: BOZEMAN CITY COMMISSION FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE RE: WALKER PROPERTY PLANNED UNIT DEVELOPMENT DATE: AUGUST 26, 1991 ----------------------------------------------------------------- After further consideration of the issues of concern expressed by the Bozeman City Commission regarding the proposed Walker Property Planned Unit Development, the Bozeman City-County Planning Staff has compiled .a revised list of conditions for consideration by the Bozeman City Commission . 1 . (Revised ) That the maximum gross floor area per structure in Block #3 and Block #4 shall be limited to 5 , 000 sq . ft. , that the maximum gross floor area are each commercial lot shall be: 5 , 000 sq . ft. for Lot #1 , Block #3 ; 5 , 000 sq. ft. for Lot #1 , Block #4; 10 , 000 sq . ft. for Lot #2 , Block #4 ; 15 ,000 sq . ft. for Lot #3 , Block #4; and 10 , 000 sq . ft. for Lot #4, Block #4; and that Lot #1 and Lot #2 , Block #4 may utilize zero lot lines for one structure with a maximum total gross floor area of 10 , 000 sq . ft. ; and that it be noted as such in the property owner ' s association documents; * Note - The original intent of Condition #1 was to allow the developers the ability to construct a commercial building on Lots #1 and #2 , Block #4 , of a size larger than 5 , 000 sq. ft. , similar to the sketch depicted in their P. U. D. narrative on page 14 of the architectural guidelines (see attached copy ) . Thus , the concept of an aggregate total of 20 , 000 sq . ft. for Block #4 was to allow for a larger structure on Lot #1 and Lot #2 . Consideration of expanding the maximum gross floor area per structure for Lots #3 and #4, Block #4, was not a consideration of the Planning Staff or Planning Board . Again , it is important to remember that the intent of the "B-1 " district is to provide for "small " retail and service activities that still maintain a residential character . 2 . (Same) That the individual property owner of each lot be responsible for installation of the fifty (50 ) foot landscape buffer strip along U. S. Highway No. 10 , and that an Improvements Agreement document be documented prior to application of a building permit for each lot, and that the property owner of each commercial lot be responsible for maintenance of that portion of the landscape buffer strip upon their property ; I 3 . ( Eliminate as per memo from Planning Office dated August 8, 1991 ) 3 . ( Formally #4 - Same) That the applicants submit a landscape/ irrigation site plan for the fifty (50) foot landscape buffer strip for review and approval by the Bozeman City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of the first commercial lot; 4. ( Formally #5 - Same) That the applicants submit a pedestrian circulation plan for the planned unit development for review and approval by the Bozeman City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of the first commercial lot; 5 . ( Formally #6 - Same) That the Bozeman City Commission be made a party to any revisions or modifications to the architectural and landscape guidelines for the planned unit development; 6 . ( Formally #7 - Same) That Lots #2 and #4 of Block 1 be allowed to develop at a maximum density of eight (8) dwelling units per residential lot, and both lots shall have a "no future subdivision of property" restrictive covenant running with the land and that it be noted on the final subdivision plat and the subdivision covenants; * Note - The Planning Staff would not recommend that Lot #2 , Block 1 , have the ability to develop at a density higher than eight (8) dwelling units as suggested by the applicants. 7 . ( Formally #8 - Same) That the applicant' s list of permitted uses allowed on Block #2 and #5 exclude ; restaurants and restaurants serving alcoholic beverages , and that the list be revised accordingly in the covenants; * Note - "Retail uses" as listed in the "B-1 " district covers a broad range of land uses. The applicants have provided a list of proposed land uses in an attempt to limit the type of " retail uses" allowed in the P. U . D. Because all proposed land uses will be located within a structure and will be controlled by the architectural and landscape guidelines set forth by the P. U . D. , the Planning Staff does not recognize a significant impact by any of the proposed uses . 8 . ( Formally #9 - Same) That the applicant' s list of permitted uses allowed on Block #3 and #4 exclude ; banks and other financial institutions ( unless it is an automatic teller machine - A.T .M. ) , bar (tavern , cocktail lounge) , game room/ pool hall and liquor store, and that candy and ice cream store be changed to frozen dessert store, and that the list be revised accordingly in the covenants: 9 . ( Formally #10 - Same) That the applicants include in the covenants of the property owner ' s association documents reference to the site plan . review process for each individual commercial lot by the City of Bozeman , and that each commercial lot will be reviewed against the Bozeman Area Zone Code that is in effect for the area upon application for site plan review; 10 . ( Formally #11 - Same) That three copies of the Final Site Plan for the proposed planned unit development containing all the conditions , corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval and prior to issuance of building permit or business license for the project, or commencement or any use . One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicants; 11 . ( Formally #12 - Revised) That the applicants receive review by the Montana Department of Fish , Wildlife, and Parks for siting of all residential buildings along the East Gallatin River prior to issuance of any building permits ; and i 12 . (New Condition ) That the applicants provide a legal description of each of the four zone map amendments approved by the Bozeman City Commission describing the meets and bounds by a licensed Montana surveyor prior to Final Site Plan approval of the planned unit development. * Note - This was a condition of approval of the preliminary subdivision plat for the Walker Property Subdivision - P. U . D. Attached please find a copy of the permitted and conditional uses allowed in the 06/88 version of the Bozeman Area Zone Code for the "R-O" , "B-1 " and "B-2" districts. DS/dps Attachments 1 MEMORANDUM TO: BOZEMAN MAYOR AND CITY COMMISSIO ERS FROM: ANDY EPPLE, PLANNING DIRECTOR DATE: AUGUST 23, 1991 RE : WALKER PROPERTY PLANNED UNIT DEVELOPMENT (#Z-9189) ----------------------------------------------------------------- There were essentially four issues of concern regarding the above-referenced PUD application that remained unresolved after last Monday night ' s public hearing . In an effort to assist the Commission in making a final decision on the proposal , staff has held additional meetings with the applicants, the Bicycle Advisory Board , and others, and has gathered additional background information for your review. In addition , the County has now granted conditional approval of the Preliminary Subdivision Plat for the project. As a result, staff offers the following comments on each of the four issues. 1 . STATUS OF BICYCLE PATH -- The Bicycle Advisory Board (BAB) has concluded that a bicycle path through the Walker Property PUD would not be necessary. This . is because the preferred bicycle route to get from town to Springhill Road will be via North 19th, going over the interchange crossover road . (The Director of Public Service has confirmed that the "intermediate design" for the entire project includes eight-foot shoulders/bicycle. paths. ) Also, BAB recognized the fact that Campbell Road in the PUD would be a relatively' low-volume and slow-speed road , and should be able to accommodate bicycles along with motorists without upgrading driving surface widths to include delineated bike lanes. Finally, it was noted that if in the future it becomes necessary to construct a bike lane along Campbell Road , it could be done within the 60-foot right-of-way without the need for dedication of any additional easement. The County Commission had considered these same issues and had come to essentially the same conclusion as BAB when granting conditional approval of the preliminary plat . However, to ensure that bicycle traffic could be accommodated along Campbell Road to the safest extent possible, the County did condition their approval of the` preliminary plat to require that a 25 mph speed limit be imposed within the subdivision , and that "No Parking" signs be installed along Campbell Road . 2. STATUS OF "JOSEPH JACKSON" HOMESTEAD -- Attached for your reference are copies of letters from Marcella Sherfy of the Stated Historic Preservation Office and Catherine Goetz of the Bozeman Historic Preservation Advisory Board regarding the old homestead on the Walker Property. Also attached is a copy of the Cultural Resource Inventory on the property, which was commissioned by the Highway Department in 1985 as part of the Environmental Assessment on the Springhill Road re-construction project. Said Inventory, with its narrative I and photographic documentation of the property, provides a fairly comprehensive record of what the homestead consisted of . ( It shoul.d be noted that not all of the nine buildings which were present on the site in 1985 are present today, and that much of the debris and junk which was shown on the sketch plan has been cleaned up. ) Recognizing that preservation officials have found intrinsic historic value in the old homestead , it would be appropriate for the Commission to consider requiring some level of assurance that the structures could be preserved if at all possible. However, the Commission would probably want to stop short of mandating that the buildings be left standing due to potential liability issues. One alternative would be to require that the property owners formally contact the Museum of the Rockies and the Montana Preservation Alliance and give one or the other of the entities an opportunity to remove any or all of the structures, perhaps for re- construction elsewhere, prior to any demolition of said structures. (Staff will prepare draft language for a condition to this effect for the Commission to consider at your meeting on the 26th. ) 3 . BUILDING SIZE/LOT COVERAGE/USE LIST ISSUE -- After meeting with staff regarding Commissioners ' concerns in this area, the applicants have prepared revised use lists, additional limits on building size and configuration , and proposed language for Condition No. 1 (see attached memo from Taylors dated August 23, 1991 ) . Staff will have a more thorough analysis of these proposed changes to the Guidelines and conditions for your meeting on the 26th. 4. STATUS OF FISHING ACCESS PARKING FACILITY -- A condition of County approval of the Walker Property preliminary plat requires the Taylors to " take the advice" of the Department of Fish Wildlife and Parks in the locating of a parking lot and fishing access site _ in -the northwest corner of the subject property. Highway Department concerns regarding the facility' s proximity to the bridge, as well as concerns about protection of wetlands in the area and the potential for fisherman / lan.downer conflicts, will need to be considered . In light of these constraints, the County Commission felt that it may not be possible to locate the parking facility in the area. However, if found feasible to do so, it is anticipated that the facility would be approximately 100 yards south of the bridge, that the owners would provide an easement for the facility, and that the DFW & P would be responsible for its construction and maintenance. Pedestrian access from the parking area to the river would be within the Springhill Road right-of-way. Staff will be present at your August 26th meeting to answer any questions you may have, and to provide you with the additional information on these issues as indicated . 1 . 4! C August 23, 1991 To: Bozeman City Commissioners From: Susan and Beatrice Taylor Re: Revised Land Uses and Commercial Building Size Commercial The permitted uses listed below are intended to provide a comprehensive selection of uses which will provide for an agreeable mix of business and professional offices and a variety of neighborhood conveniences. R-0 Lot 1, 2 & 3 Block 5; Lot 1, 2 & 3, Block 3 Business and professional offices Medical offices Dwelling units on second storey Community social center Churches Day care center Health and exercise/fitness center Photographic studio Tennis and racquet club Fences, signs, refuse containers Parking areas Private garage for offices and apartments Such other similar uses or essential services as approved by the Design Committee and by the appropriate City or County authorities i° I r rl+ ' t+ ) ,1:. tin, ',L r 11ff 61 . r7 � 1 B-1 Lot 1, Block 3; Lots 1,23, & 4, Block 4 Convenience food store with gas pumps Day care center Dwelling units on second storey Food stores to include: Bakery for on-site sales, less than 4,000 square feet Delicatessen and catering establishments Grocery stores Food and beverage establishments to include: Convenience food restaurant Restaurants Restaurants serving alcoholic beverages Personal and convenience services to include: Automatic Teller Machine Barber shop Beauty parlor Car wash (single bay) Community center or meeting hall Dancing, music, or theatrical studios Dry cleaning and laundry establishment for drop off/pick up service Health and exercise/fitness center Laundromat, self-service Medical, dental, or health clinic Photographic studio Shoe repair and shoe shine store Video sales and rental Watch repair shop Retail uses to include: Antique shop and service Apparel and accessory shop Art gallery Art supply store Audio visual equipment sales and rental Bicycle sales, service, and repair shop Book and stationery store Candy and frozen dessert store Computer store 7'+iit. , • + ! S .'1= t:�Z Jft ,r � .t,:� f`. ;t1iJr�-� . r a, al+. 1�J. t r illtr,l a Fj Ij CAI . art_,, t: . - .• + ,.t; . . ', I'•'rf�• 'i f j,1• � ` , .r•.' "mot Drug store Dry goods and notion store Florist Garden supply store, indoor sales only Gift shop Grocery store, including retail markets and produce store Hardware store Hobby shop Jewelry and metal craft shop Leather goods and luggage shop Music and instrument sales, service, and repair shop Newspaper and magazine store Photographic equipment and supply store Picture frame shop Shoe store Sporting and athletic goods store Toy store Variety store Other small retail uses similar to those listed above Churches Professional and business offices Tennis and racquet club Fences, signs, refuse containers Accessory structures Temporary building and yards incidental to construction work Parking areas as required Such other similar uses or essential services as approved by the Design Committee and by the"Ap.propriate City or County authorities ` V 1'•j JO \! jr7r. _'lrr U�tf' ''�', �� rl _r 1l :r(�1! .�'• � `i' +r '� `�, q r�{.sl t'-)j'j ' JI '� �' JI '�'. ��..! �1�'r'. ♦. r�^ li Il '1 tiler f jr eljl` e, Cr ?T1 11 li+Sri :<,IJ 3I . ' •'. % ri, si J"1 .' ! L AA `fat,! r a • �ir .fi� r Condition #1 Revised to read: That the maximum gross floor area for each commercial structure on Lot #1, Block 3 and Lot #4, Block 4 be limited to 5,000 square feet; and that the maximum gross floor area for each commercial structure on Lots #1 & #2, Block 4 be limited to 5,000 square feet, except that one structure on Lots #1 & two structures on Lot #2, adjacent to the North 19th Crossroad, may be combined utilizing zero lot lines, resulting in one structure with a maximum total gross floor area of 15,000 square feet; and that the maximum gross floor area for all commercial structures combined on Lot #3, Block 4 be 22,500 square feet, except that, adjacent to the North 19th Crossroad, three structures may be combined resulting in one structure with a maximum total gross floor area of 15,000 square feet. Justification: On smaller lots the recommended 5,000 square foot gross floor area/structure has been maintained. On Lots #1 & #2, Block 4, we have suggested that the maximum be lifted to allow a larger structure to follow the contour of the North 19th Crossroad by combining structures on both lots. On Lot #3, Block 4, we have suggested a building with a maximum of 15,000 square feet to allow a larger two storey structure to minimize the impact of the elevated overpass with two smaller structures on the remaining portion of the lot. We have left large lots on the plat to allow maximum flexibility of design, enabling a developer to design a cohesive, but creative, group of buildings appropriate to the surroundings as they develop. All siting and design will be subject to review by the Owners Association Design Committee and by City and/or County authorities to ensure that the resulting plan is in keeping with the objectives of the Master Plan and applicable Zoning Ordinance. i ►�,t,�, 1 r I �{ r t 11 .. . T t.1 I � r ,. '+��r� ' � C 1 I.T�T+ � f 1� �t• r t ti •• ,y 1 « • � . 'i I art y�'r ' l IZ�Y� 1r r y i .r' !1 '1'r �Ht `jlT; w t � L'' � • 't'? �t�` , .'1I. 'If� '[jr ,4.; ^1,, � E, , 11 I' lk r1i ;. +l+ 1"a � !fit' � •j�tr �. J+ '{'R '' � !4 ,t� r , - ,j r• •,r:fy•lr• r r •!'•r+r►y •illr � + r ' + t ,' , ' t Dili f i � 1 ! r,rr � . !n� 'I •, , t. ri'` _. ' ,+ rill. '� ff •*!�j r.� i r a.t: `r.� .•LJx a'Y� � .`+ to '* t 'r •� a A lower gross square foot figure than originally suggested is now proposed. Maximum density P 1 5,000-square-foot building per 3/4 acre: Lot 1, Block 3 - 1 Lot 1, Block 4 - 1 Lot 2, Block 4 - 3 Lot 3, Block 4 - 4.5 Lot 4, Block 4 - 2 11.5 o 5,000 = 57,500 square foot maximum The attached copies of the plat depict two possible buildout results with the proposed coverage. A 5,000-square-foot square was used as the base model for the sake of simplicity, but clearly more creative designs could be accommodated. Example A shows a "shotgun" worst case scenario according to the proposed maximum gross floor area. Example B shows a more appealing buildout with a two storey structure at the high end of the North 19th Crossroad and a long low structure following the curve of the crossroad on Lots #1 & #2. We would anticipate this long low structure to have design characteristics of individual store fronts to minimize the impression of its overall size. Again, these designs would be subject to review by the Design Committee and by the City under Entryway Overlay guidelines. Thank you for your time and consideration of these proposed changes to our submittal. r � t tl��f 1 � � � ✓ .yam t{1 � 1• r \ � PROPOSED 8" S.S. L S \ 93, C K 2 4617.23 \ \ COMMON PE 72. s i' z3s. s \ \ 35, Q�tOPOSED 6" S.S. LINE I I • 7 �— BL OFF S LOT �' Z, \ �9 XAM n l- \ 8. 8I 4. 'TO� C� PPROPO �G \\S \ \ \ A N 19i�. INV. SS \ 4617.5 Q \ 9 \ \X \ \ 1.0 OO F \46"2 6 v h0 0 \ \ \ w m \� o\ 9 2C 6. �. � D. \ P s LOT A4 a 2 . 2 A 50' x ISb'6SIGN rS m g0' � �D INV. \ A EASEMENT 4618. 41 � 4. a� — B L 0 4 ZONED cQ, \ 0 �s \ S \ / i 9g \ \ r \ L O T 3 pos 0 3. 42 A S . a \ ` F�'Tv Ro —c Is loe \ \C \ \ \ \ csFs \ y N > s \ \ \ \ \r \,> sr \ F4s N \ � \ .ti\r \ do _. \ \\ �O.s\\ c C, \ \\\ s, \ \ ClFss I = T 0 .� a6ro 0 c \\\ W4, Is, c \Cg628 FL:: Z ' Z> 2 2 ,S� 4- PROPOSED 8' S.S. L S \ s \ \ q.26s / —9 C K 2 �\ 3. n • 4617,23 o ' \ \ COMMON PE. 72. 51' I I . 7 �tOPOSED 8• S.S. LINE I— B L \ LOT I . 76 a VFS \ �OP�0 .9�2p9 8. 8I 2 \\ \ \ O PPROPOSED 8' S• S \ \ A cv co IN Q S.S. LINE \ \ a 46 17V. .S k L OLA 7\ I v p 6 1 w � 's o� fl• � 2c a\\ A. \ V" s LOT 4 a 2 . 2 50' x ISb.6$ CS . INV.a 50' EASEMENT 4618.41 BLOCK s ZONED �; \�pp \ 2\ 1 \ l \ 0 /99 T 3 � ' ose F sic 9s\ \ s\�\\ \ ,o AC S . �* ` UT� R c p �2 \ \ s \c \ ��• ` EYTEiy a N Two •�� \c \ s C tip \ 11, �O \ \\ \ F LP cC,Fs \ �Ty o \ C\ \ \ \S \, sFM� N fD /Vp CCO \\ �lr\ C T C NF\ \ \ 9f 26� � A6 0 � 44 BRIDGER REALTY }}'� BOZEMAN MONTANA i August 21 , 1991 _ Mayor Hawks P.O. Box 640 Bozeman, MT 59771 Dear Mayor Hawks: This letter is to express my thoughts and professional input in regard' to the Walker Property Subdivision owned by Susan and Bea Taylor, located off Springhill Road. I have been actively involved with watching the progress of the planning of this property for 3 years. In the 10 years that I have been successfully selling real estate in the area, this is perhaps the most thoughtfully planned project I have seen and is very sensitive to the spirit of the master plan. The Springhill area is growing steadily with the various subdivisions, such as The Ranch Subdivision, Sypes Canyon .Subdivision, Wheatland Hills and so on, being quickly filled up. with houses. With so much growth and activity, there is a great need for services for the people who live in this general area. It is my opinion that. the greater variety of businesses allowed in the Walker Property B-1 zone area the more positive it is for the entire area. It is an asset to the quality of life of the people in the area and 'good for the economics of the area. By providing a more. diverse list of uses at the time of the approval of the subdivision, it is my opinion that it is more effective and less time consuming planning than to have to review numerous future proposals: The 'covenants and design criteria are a built-in protective measure to keep the high quality spirit of the development. Please take this into consideration when reviewing this project. Thank you. Sincerely, // i Ileana Indreland, GRI Broker Associate II/ki 85 WEST KAGY BLVD •. BOZEMAN, MONTANA 59715 (406) 586-7676 I - 22 - w� items. Reconvene - 7:00 p.m. r Hawks reconvened the meeting at 7:00 .m, for the ur 'dse of -conductin Mayo a s e g p p p g the scheduled public hearings and completing the routine business items. Discussion - recognition of volunteers City Manager Wysocki reminded the Commissioners that this item was requested by Commissioner Knapp. Commissioner Knapp submitted to the Commission a memo, w,hrich she noted is self- explanatory. She suggested that, given the time of year, hot spiced cider or juice and donuts or donut holes would be good refreshments. Commissioner Knapp then proposed that buttons be given to all of the volunteers, noting they can be made within the budgeted amount for th 7s recognition. She noted that different colors can be utilized to recognize different lengths of service; and special pins could be given to those who have given an inordinate' amount of time and service to the City. She noted that the buttons will be 1 1 /4 inch buttons with the words "City of Bozeman Volunteer." Commissioner Knapp stated the Comm.iss�ion needs a list of volunteers to be invited, including board members, and an approximate length of time served, by August 30. Commissioner Frost stated support' for Commissioner Knapp's proposal. Mayor Hawks noted he had p"re'viously suggested that the Commission might want to select one particular volunteer or group which has provided exceptional service. He then suggested that a "Mayor's Award" could be added to the program, and yet remain within the budget constraints. Commissioner Swa.a.nson stated he feels that would be appropriate. Commissioner Goehrrung suggested trying to get some of the businesses in the com- munity to participate%in sponsorship of the program for recognition awards. He noted that this could be accomplished through certificates for various items, such as a dinner for two. Mayor Hawks stated that he and Commissioner Knapp will meet next week to finalize plans for the volunteer recognition. r / i Public heariry --Conditional_U-se_Pe_i m t for a_mixed-commercia-I-/re-sidential-Planned-Unit De- ve_I_o:pment on -117.867�.acres -located in the NE _and�S_E _o_f S_e.c.ti.on_2.6_and-SW =of�Section t25, T1S,-R5.E-MP-M-(=Northeast corner of Springhill-and-US-1-0-)�Beatri.ce-and-Susan Taylor. This was the time and place set for the public hearing on a Conditional Use Permit, requested by Beatrice and Susan Taylor, for a mixed commercial/residential Planned Unit 08-19-91 - 21 - which any existing unsafe or hazardous conditions would be mitigated; (8) the viability of the subject,, structure(s); and (9) on and off-site impacts from noise, dust, smoke, surface or groundw\t�r contamination, or other environmental impacts." Following a brief discussion, the Commissioners concurred in the proposed addition of No. 21 . Commissioner Goehrung stated he feels that "90+ percent of the code" will help to appropriately impl\ent the master plan; however he feels that public comments about some of the sections have not been adequately addressed. He then reminded the Commission that he had requested\ that public hearings be held on each of the major sections of the zone code, however, th process was not followed, and signage was the only item upon which the Commission h�rd��ihimum substantial public comment. The Commissioner noted that the Commission has met the requirements. He also noted that a number of what he considers major modificatio\s have been made to the document through the process. He then stated his intention toehold his positive vote on this document until the amendment process has been completed, which is currently scheduled to be finalized on December 16. Mr. Joe Sabol, attorney \4resenting the Citizens for Responsive Government, stat- ed that the document which the dmission does not feel is flawed will be if it is indeed adopted at this time. He stated pea\le should know that 109 amendments have been made to the May 31 interim zone code, not a[I of which are minor or "housekeeping" in nature. Mayor Hawks responded that revisions have been made to the document in response M to the public comment which was received during the public hearing. He then stated that the process must be brought to closure a\some time, recognizing that is often difficult when a public process is involved. Commissioner Swanson stated that staff has in that this zone code is a docu- ment with which they can work comfortably. He All en stated he feels it is important that the Commission acknowledge their position, and adopt this ordinance at this time. It was moved by Commissioner Swanson, seconded Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1332, adopting the new final draft zone code dated August 19, 1991 , with the 21 amendments forwarded\by the Planning Director this \\ date, and the attendant zoning maps dated August 19, 1991 , and that it be brought back in two weeks for final adoption. The motion carried by the fo`\'owing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No being Commissioner Goehrung. Recess - 6.12 p.m. Mayor Hawks declared a recess at 6: 12 p.m. , to reconvene at 7:00 p\,m. for the purpose of conducting the scheduled public hearings and completing the rout\�e business 08-19-91 � 23 • - - Development on_. 117.867 acres located in the Northeast one-quarter and. Southeast one- quarter of Section 26 and the Southwest one-quarter of Section 25, Township 1 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at the northeast corner of Springhill Road and U.S. Highway 10. Mayor Hawks opened the public hearing. Planning Director Andy Epple presented the staff report. He stated that the proposed planned unit development is to be located on Tract 1 of Certificate of Survey No. 1498, and Tracts 2 and 3 and portions of Tracts 1 and 4' of Certificate of Survey No. 1498B. He noted the parcel is more commonly located at the northeast corner of the inter- section of Springhill Road and U.S. Highway No. 10, and is commonly known as the Walker property. The Planning Director stated that under this proposed planned unit development, the subject 117.867 acres would be divided into lots for both residential and commercial de- velopment, following the boundaries for the zone map changes which were previously ap- proved by the Commission. The Planning Director briefly reviewed the zoning districts and uses surrounding the subject site, noting the uses include a golf course to the north, public transportation systems to the south, limited single-family residential development to the east and the Waste Water Treatment Plant and limited residential development to the west. Planning Director. Epple stated ` that the design guidelines and architectural sketchbook developed by the applicants are intended to set the standards .for development of this proposed planned unit development. He stated that four key elements are to be incorporated into the design principles, including: (1 ) the development will complement the rural landscape and offer open views to the Bridger Mountain Range; also, colors for the buildings are to be in earth tones; (2) the existing farm clusters will serve as a model for the variety of building types and scales; (3) clustering of buildings in small informal groupings to provide efficiency in servicing and maximize sensitive open spaces; and (4) conservation of a major portion of the existing farmland and the floodplain area are critical to the balance between development and open space. Planning Director Epple then reviewed some of the components in the proposed de- sign guidelines which should be carefully- addressed. He noted that the applicants propose a maximum ground floor area of 20,000 square feet for retail buildings, while the B-1 zon- ing district has a limitation of 5,000 square feet gross floor area per structure. He then noted the landscaped buffer strips that are to be provided along U.S. Highway 10 and the 1-90 interchange ramp. He suggested that the requirement for landscape maintenance along the north side of the interchange ramp be deleted, since that is under the control of the Highway Department. He suggested that pedestrian circulation should be an important 08-19-91 Or - 24 - element in the planned unit development, particularly since a variety of retail services is being proposed. He then stated that the City should be made a party to any revisions to the guidelines for this development, to ensure appropriate review of those revisions. Planning Director Epple stated that staff has reviewed this application in light of the six criteria set forth in the Bozeman Municipal Code for conditional use permit applica- tions. He briefly highlighted the staff findings, noting that after that review, staff sug- gests that the application is in general compliance with the 1990 Bozeman Area Master Plan Update and the 1988 Bozeman Zone Code, and recommends approval subject to eleven con- ditions. He then reviewed those conditions, noting that some concern has been raised ' about the blanket lists of uses proposed by the applicant for the commercial portion of the development. The Planning Director then reminded the Commission of their previous action to ap- prove rezoning of specified portions of the site from A-S to B-1 , R-0, R-2 and R-3. He noted that the Commission had approved that rezoning on March 18, 1991 , and directed the applicant to provide the legal descriptions for each of those zones. He noted that, to date, the applicants have not submitted the legal descriptions to finalize the rezoning be- cause the exact alignment of the off-ramp has not been determined, and suggested that a new condition be added to require that the rezoning be finalized prior to final site plan approval. Planning Director Epple stated that a memo from the Taylors, dated August 19, was included in the Commissioners' packets. He noted that in that memo, the applicants are requesting revisions to Condition Nos. 1 , 3, 4 and 7, as recommended by the Planning Board. The Planning Director stated that under the proposed revision to Condition No. 1 , the total maximum build-out could be a maximum of 70,000 square feet of retail/commercial space on approximately 9 acres. He then noted that, for comparison purposes, Main Mall contains 312,000 square feet of retail space on 39 acres. The Planning Director then addressed the proposed revisions to Condition Nos. 3 and 4, noting that everyone seems to be in general agreement with their proposal to elimi- nate Condition No. 3 and .modify No. 4. He. noted that the Taylors' proposed revision to Condition No. 7 would allow a maximum of sixteen residential units on Lots 2 and' 4 of Block 1 ; and it would further allow that all of those dwelling units could be constructed on one lot. Planning Director Epple stated that the preliminary plat for the subdivision, which is in conjunction with this planned unit development, will be considered by the County Commission at its regular meeting tomorrow. He noted, therefore, there are many overlap- ping reviews between the two governing bodies for this project. 08-19-91 I • - 25 - Responding to Commissioner Swanson, the Planning Director stated that the concept of this proposed neighborhood business district is very broad. He stated that the purpose of the neighborhood business district is to provide for commercial activities which will at- tract people from that immediate area only. He noted that businesses which attract people from throughout the community and from outside the community are . not deemed to be ap- propriate for the B-1 zoning district. Responding to Mayor Hawks, Planning Director Epple stated that since the Commis- sion has previously approved the proposed rezonings, and with the addition of a condition which requires that process be completed prior to final site plan approval, he feels that the process will be occurring in a proper sequence. Mrs. Beatrice Taylor, applicant, noted a slight change which has occurred since the maps were prepared. She stated that two townhouse buildings, containing four units each, have been eliminated and that area converted to open space. She then addressed the proposed condition which would allow development of up to sixteen residential units on one lot, or some combination totalling sixteen units on two lots. She stated that u.nder the original proposal, two buildings containing four units each would have been allowed on each of the two lots under consideration. She stated the Fish, Wildlife and Parks Depart- ment has raised a concern that the river may be trying to change its course, and may threaten one of the lots. She stated .that to allow the total of sixteen residential units be- tween Lots 2 and 4 of Block 1 to be placed in some optional format on those two lots could allow for a combined density of sixteen units in a configuration that would ensure pro- tection and preservation of the river corridor. Mrs. Taylor then addressed the -issue of building size in the retail portion of the development. She noted that the building size should be kept small on the small lots; however, she suggested that for those lots which have a 30-foot embankment for the inter- change, larger structures would be more appropriate. She stated that the proposed re- vision to Condition No. 1 would allow the flexibility she feels is necessary to create the most appealing and appropriate structures possible on those lots impacted by the size of the interchange. She further suggested that, even though one or more structures may be larger in size, they could house different businesses. She reminded the Commission that each structure will be subject to review; and if the project reaches a point where it is po- tentially being overbuilt, there is a mechanism for not allowing a proposed additional structure. Mrs. Taylor stated that under her proposal, a total of 70,000 square feet of build- ing would be constructed on Blocks 3 and 4. She suggested that a two-story building would be very suitable against the 30-foot-high embankment of the interchange ramp; and a 20,000-square-foot building would then be constructed on a 10,000-square-foot footprint. 08-19-91 • r 1 - 26 - She further noted that meeting the code requirements for parking, landscaping and-trees will definitely prevent overbuilding of the lots. Mrs. Beatrice Taylor then addressed the condition added by the Planning .Board regarding Fish, Wildlife and Parks Department approval for siting of structures within the proposed planned unit development. She noted that the FWP operates in an advisory ca- pacity only; and she suggested that the condition be revised to reflect their advice rather than approval. Responding to Mayor Hawks, Mrs. Taylor stated that her daughter owns the prop- erty to the east of the subject site, and that currently contains her residence and agricul- tural land. She stated that the property across the river is owned by Tom McGuane, and it is also in agricultural production. Responding to Commissioner Swanson, Mrs. Taylor stated that when they first be- gan to prepare the application for this project, Susan researched the history of the old buildings on the site and found limited information on the old homestead. She stated it is their intent to leave the old buildings, particularly the house and the barn, intact; howev- er, she suggested that some of the smaller structures may not be worth saving. She then indicated that they will not intentionally tear down any viable- structures in the homestead. She further indicated that they have not considered any preservation measures to clean up or fix up the existing structures. Further responding to Commissioner Swanson, Mrs. Taylor stated that, initially, they had proposed a bicycle path along the road inside the property line. She stated, however, that the POST Committee recommended that the bike path be located along Campbell Road, which runs through the planned unit development; and she has no problem with that proposal. Responding to Mayor Hawks, Mrs. Taylor stated that fishing access is an issue that must be carefully addressed, particularly in light of the fragile area which exists close to the bridge on Springhill Road. She further noted that concern has been raised that with the additional development in that area and the additional access, more people would be attracted to the area and disturb more of the natural habitat. Mayor Hawks also noted concern about providing more access at the bridge area. Ms. Susan Taylor, applicant, stated that she met with Mr. Dick Vincent, Fish, Wildlife and Parks, and they discussed the possibilities of providing fishing access from Manley Road and Springhill Road. Commissioner Frost suggested that to include bike paths on all of the roads within the planned unit development could be beneficial, since they could provide access between the residential and commercial portions. Mayor Hawks noted the quality of the development proposed and the need for main- 08-19-91 • _ 27 - taining as much flexibility in development as possible. He expressed concern, however, about the proposed use list for the B-1 area, because of its size and the number of B-2 lists included. He noted the intent of the B-1 district is to provide services which resi- dents in that immediate area may need on a day-to-day basis; and he does not feel that many of the proposed uses meet that intent, i.e. , shoe repair and shoe shine store, photographic studio, dry cleaning and laundry establishment for drop off/pick up' service, and audio-visual equipment sales and rental. - The Mayor then stated that development of this planned unit development should be compatible with the core area of the community and not in conflict therewith. He expressed concern that to develop a retail core in this area could encourage people to exit at this interchange, rather than serving as the neighborhood business district, which its zoning reflects. Mrs. Taylor stated agreement that a strong downtown Bozeman is vital, noting they do not envision competition with that core area in any way. She suggested, rather, that many of the proposed uses would, in fact, be only drop-off or collection points, with the dry cleaning. or shoes or whatever to then be taken into Bozeman for actual service. Mayor Hawks asked what mechanisms are available to ensure that this proposed B-1 district, with the use list requested by the applicant, does not become a shopping center. Mrs. Beatrice Taylor responded that the landscaping and architectural guidelines will ensure that. Ms. Susan Taylor stated that' much of the B-1 property is located within the entryway corridor and, therefore, would be subject to that type of review. Mayor Hawks reiterated his concern about the degree of activity that could occur under the proposed use list for the B-1 portion of this planned unit development. He fur- ther noted there is a difference of opinion on how much this could impact the downtown area. Commissioner Frost stated concurrence, noting that 49 of the 57 proposed uses are B-2 uses; and all of them are listed as B-3 uses. He also expressed concern that 70,000 square feet of commercial development could compete with the downtown area rather than typifying a neighborhood commercial district. He further, expressed concern that if the project changes hands, then there are no assurances of that individual's vision or how the development will occur within this planned unit development. Ms. Susan Taylor asked if there are any particular uses contained' on the proposed use lists which the Commissioners wish to have stricken, or if an adjustment is needed in the total square footage allowed in the neighborhood business portion of the planned unit development. Mayor Hawks suggested that information be prepared by the Planning Staff for next week's meeting, so the Commissioners have a proposal to discuss prior to proceeding with 08-19-91 - 28 - action on this application. Mr. Darrel Behrent, 208 Lindley Place, noted he has watched the East Gallatin Riv- er change its course over the years. He then suggested that a provision be included that, if someone builds in an area which the river later damages or washes away through a channel change, the City and the County will not be expected to mitigate the damages. He noted that is a natural event that could very possibly occur at some time in the future. Commissioner Swanson stated an interest in input from the Bozeman Area Bicycle Advisory Board on the proposed bike path along Campbell Road. He also suggested that there be additional discussion surrounding the Walker Homestead and whether or not a condition should be added pertaining to preservation. of that property. He further re- quested some definite language regarding fishing access. Mayor Hawks continued the public hearing to 3:30 p.m. on Monday, August 26. Public hearing - Conditional Use Permit - Steven Ungar - allow private school for grades 6-12 onNt a east 88 feet of Lots 19-24, Block 34, Capitol HillAddition 418 West Garfield Street Thrs� was the time and place set for the public hearing on the Conditional Use Per- mit requested\Steven Ungar, to allow a private school for grades six through twelve on the east 88 feet of Lots 19 through 24, Block 34, Capitol Hill Addition. The subject lo- cation is more commonly known as 418 West Garfield Street. Mayor Hawks opened the public hearing. Assistant Planner Jesse Aber presented the .staff report. He stated that the re- quested conditional use permit'\is to allow the Headwaters Academy to relocate its private school for grades 6 through 12 \to 418 West Garfield, which was previously a 7,600- square-foot sorority house. The Planner stated that the Headwaters Academy is a rapidly growing school; and the are seeking a roval for u to 35 students, with six to eight 9 9 Y 9 Pp p 9 staff members. The Planner stated that there are four. devN ions needed in conjunction with this conditional use permit, due to the existence of noon-conforming features on the property. He then reviewed those requested deviations, as follows,: 1 . From Section 18.50.120.B.1 . , for the aisle width at the south edge of the property; 2. From Section 18.50.120.B.1 . , for the aisle width on the east edge of the property; 3. From Section 18.50.120.A.6. , to leave the one parallel •parking space along the alley unsurfaced; and. From Section 18.50.120.A.10. , to leave .the surfaced parking area as is and continue to use concrete parking stops rather than continuous curbing for the perimeter of the lot. Planner Aber submitted to the Commission pictures of the alley and the parking lot L 08-19-91 , M Mrs. Beatrice Taylor Post Office Box 3870 Bozeman, Montana 59772 August 19, 1991 To: Bozeman City Commissioners From: Susan and Beatrice Taylor Ref: Application Z-9189 for Conditional Use Permit Applicants suggest the following revisions to conditions recommended by the City-County Planning Office and the City-County Planning Board: Condition #1 to read: That the maximum gross floor area for each commercial structure on Lot #1 of Block #3, and Lot #4 of Block #4 be limited to five thousand (5000) square feet, and that the five thousand (5000) square feet maximum gross floor area for each commercial structure on Lots #1, #2, and #3 of Block #4 be lifted, with no building to exceed a total of twenty thousand (20,000) square feet, and that it be noted as such in the property owners' association documents. Justification: Intent of Applicants in requesting a maximum of 20,000 square feet was to allow a large structure to be built against the 19th St. ramp to mitigate the 30' height as it comes onto the property. (See p. 14 of the Architectural Guidelines for a visual presentation.) The term "aggregate" is ambiguous in context as written. The 20,000 square-foot maximum per building allows flexibility where a unified design might more desirable than individual units. As with all improvements, approval of the plans by the Owners' Association Design Review Committee, will be required before plans are submitted to the Bozeman City-County Planning Office for review against the Bozeman Area Zone Code in effect at the time of site plan application and review. Condition #3 & #4 Eliminate Condition #3 for reasons advanced by Dave Skelton in his follow-up staff memo. Modify Condition #4 to eliminate the reference to the North 19th Crossroad embankment for the same reasons. (y,\0`- O r� -4- r I G} r y_s • Condition #7 to read: That lots #2 and #4 of Block #1 be allowed to develop at a maximum density of eight (8) dwelling units per residential lot or a maximum combined density of sixteen (16) dwelling units for both lots combined. Justification: Revision would allow a developer to cluster all four allowable buildings on Lot #2, Block #1, if that seemed more desirable than building closer to the East Gallatin River. Provisions under "Subdivision" in the Covenants already state that: No lot in Walker Property may be subdivided except that Lots #2 & #4, Block #4, may be subdivided into no more than two (2) lots and of Lot #3, Block #4, may be subdivided into no more than three (3) lots. The prohibition against future subdivision is therefore redundant. All other conditions are acceptable as presented. Thank you for your consideration of these proposed revisions. Applicants appreciate the time spent by the Planning Staff and the Commissioners in reviewing plans included in this Application and the opportunity for Applicants to present their point of view regarding suggested changes. Signed: Susan R. T ylor Beatrice R. Taylor MEMORANDUM TO: BOZEMAN CITY COMMISSION i FROM: BOZEMAN CITY-COUNTY PLANNING OFFICE RE: WALKER PROPERTY PLANNED UNIT DEVELOPMENT DATE: AUGUST 8, 1991 ----------------------------------------------------------------- At the regular scheduled meeting of the Bozeman City-County Planning Board of Tuesday, August 6 , 1991 , the Board recommended conditional approval of the Walker Property planned unit development to the Bozeman City Commission. ' As part of the recommendation the Board requested that the Planning Staff investigate , with the appropriate agencies, the status of Condition No. 3 and No. 4, and provide a recommendation to the City Commission . In essence, Condition No. 3 and No. 4 require the property owner' s association of the planned unit development to install and maintain a proposed landscape buffer strip along the north embankment of the North 19th Avenue Crossroad. The proposed buffer strip is part of the Montana Department of Highways "demonstration program" for the new North 19th Interchange. Mr . Phillip Forbes , Director of Public Service, has commented that the Department of Highways will be responsible for installation of the proposed landscaping along the embankment. However , the issue of landscape maintenance has not been determined . The Planning Staff has attempted to contact Mr . Kenneth Rapp , Montana Department of Highways, to respond to the issue, but have yet to receive any further input from the Department. It has not been determined what the status will be of fencing the embankment and right-of-way . This would prevent the property owner' s association from having access to maintain the landscape . The Planning Staff , would comment that maintenance of the landscape along the north embankment of the Crossroad may be a issue between the City of Bozeman and Montana Department of Highways, rather than the property owner' s association of the Walker Property P. U . D. Therefore, the Planning Staff would recommend that Condition No. 3 be eliminated and that portions of Condition No. 4 that reference the North 19th Crossroad embankment landscape also be eliminated . DS/dps cc: Beatrice and Susan Taylor , Developer Phillip J . Forbes , Director of Public Service RESOLUTION #Z-9189 RESOLUTION OF THE BOZEMAN CITY-COUNTY PLANNING BOARD RECOMMENDING CONDITIONAL APPROVAL OF APPLICATION #Z-9189 FOR A CONDITIONAL USE PERMIT FOR A MIXED COMMERCIAL/RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY ZONED "A-S" (AGRICULTURE SUBURBAN DISTRICT) , "R-2" (RESIDENTIAL SINGLE-FAMILY, MEDIUM DENSITY DISTRICT) , "R-3" (RESIDENTIAL, MEDIUM DENSITY DISTRICT) , "R-011 , (RESIDENTIAL - OFFICE DISTRICT) , AND "B-1" (NEIGHBORHOOD SERVICE DISTRICT) BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 1498, TRACTS 2 & 3 AND PORTIONS OF TRACTS 1 & 4 OF CERTIFICATE OF SURVEY NO. 1498B, AND LOCATED IN THE NORTHEAST ONE-QUARTER AND SOUTHEAST ONE-QUARTER OF SECTION 26, AND SOUTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M. , GALLATIN COUNTY, MONTANA i ---------------------------------------------------------------- WHEREAS, the City of Bozeman and the Gallatin County Commission have adopted a Master Plan pursuant to 76-1-604, M.C.A. , 1981 ; and WHEREAS, the Bozeman City-County Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-2-307, M.C.A. , 1981 , and a jurisdictional area created under 76-2-310, M.C.A. , 1981 ; and WHEREAS, the Bozeman City-County Planning Board has been designated by the City Commission to serve as the Bozeman Zoning' Commission; and WHEREAS, the proposed Conditional Use Permit application has been properly submitted , reviewed , and advertised in accordance with the procedures of Section 18. 52.020, and 18. 52.030, of the City of Bozeman Zoning Code; and WHEREAS, the Bozeman City-County Planning Board held a public hearing on August 6, 1991 to receive and review all written and oral testimony on the request for a Conditional Use Permit for a Planned Unit Development; and WHEREAS, the Bozeman City-County Planning Board finds that ' the application complies with each of the approval criteria established in Chapter 18. 54. of the Bozeman Area Zoning Code. NOW, THEREFORE, BE IT RESOLVED, that the Bozeman City-County Planning Board recommends to the Bozeman City Commission that the application for a Conditional Use Permit for a Mixed Commercial/Residential Planned Unit Development be conditionally approved with the following conditions: 1 . That the maximum gross floor area for each commercial structure on Lot #1 of Block #3, and Lot #4 of Block #4 be limited to five thousand ( 5,000) square feet, and that the five thousand ( 5,000) square feet maximum gross floor area for each commercial structure . on Lots #1 , #2, and #3 of Block #4 be lifted to an aggregate total of twenty thousand (20,000) square feet, and that it be noted as such in the property owner' s association documents; 2. That the individual property owner of each lot be responsible for installation of the fifty ( 50) foot landscape buffer strip along U.S. Highway No. 10, and that an Improvements Agreement document be documented prior to application of a building permit for each lot, and that the property owner of each commercial lot be responsible for maintenance of that portion of the landscape buffer strip upon their property; 3. That the Montana Department of Highways be responsible for installation and maintenance of the landscape buffer strip along the north embankment of the North 19th Crossroad ; 4. That the applicants submit a landscape/irrigation site plan for the fifty ( 50) foot landscape buffer strip for review and approval by the Bozeman City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of the first commercial lot; 5. That the applicants submit a pedestrian circulation plan for the planned unit development for review and approval by the Bozeman City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of the first commercial lot; b. That the Bozeman City Commission be made a party to any revisions or modifications to the architectural and landscape guidelines for the planned unit development; 7. That Lots #2 and #4 of Block #1 be allowed to develop at a maximum density of eight (8) dwelling units. per residential lot, and both lots shall have a "no future subdivision of property" restrictive covenant running with the land and that it be noted on the final subdivision plat and the subdivision covenants. e. That the applicant' s list of permitted uses allowed on Block #2 and #5 exclude; restaurants and restaurants serving' alcoholic beverages, and that the list be revised accordingly in the covenants; 9. That the applicant' s list of permitted uses allowed on Block #3 and #4 exclude; banks and other financial institutions (unless it is an automatic teller machine - A.T.M. ) , bar ( tavern , cocktail lounge) , game room/pool hall and liquor store, and that candy and, ice cream store be changed to frozen dessert store, and that the list be revised accordingly in the covenants; 10. That the applicants include in the covenants of the property owner' s association documents reference to the site plan review process for each individual commercial lot by the City of Bozeman , and that each commercial lot will be reviewed against the Bozeman Area Zone Code that is in effect for the area upon application for site plan review; 11 . Three copies of the Final Site Plan for the proposed planned unit development containing 'all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning director within six months of the date of City Commission approval and prior to issuance of any building permit or business license for the project, . or commencement of any use. One signed copy shall be retained by the Planning Director, one signed - copy shall be retained by the Building Department, and one signed copy shall be retained by the applicants; 12. That the applicants receive a review and written approval by the Montana Department of Fish, Wildlife, and Parks for siding of all residential buildings along the East Gallatin River prior to issuance of any building permits. DATED THIS 6th day of August, 1991 . Resolution #Z-9189. L�� G Andrew C. Epple, Dirlegtor Kelly Wiseman City-County Planning ffice Acting President City-County Planning Board application subject to the 32 conditions listed in the Staff Report and including -the amendments suggested to #7, #20 and #29. .~ <} Planner Skelton stated that the addition to #29 could be written to state that the applicant is to provide documentation or a waiver of right-to-protest the implementation plan for the development of a public linear park . Kris Dunn stated that it is her understanding that the developer is giving something to the community by providing an easement on the property for a public path, and now he is being asked to pay for it also. Ellen Kreighbaum stated that she feels it is no different than requiring a development to provide landscape buffering of their property to minimize the view from the public .. Kris Dunn stated that it -is important that both sides of the issue are protected ; those wishing to implement a trail and those who would have to participate financially in that implementation . Clark Babcock stated he is ' concerned that the developer is being required to do something and does not know what it will entail . Planner Skelton stated that the developer would not be giving up rights to waive boundaries of the district, just the right to protest the creation of a trail improvement district. Martin Whitmont stated that he feels it is the responsibility of the developers, who are making money off of the land , to put something back into Bozeman and the cost would be minimal . Kris Dunn stated that she thinks it is important that this development goes through due to the lack of industrial lots in Bozeman , therefore, she is going to vote in favor of the motion with reservations on the linear park improvement issue. She stated she does not want to see something that is valuable to the community come to a halt because of this particular issue . The motion carried 6-0 with those voting Yes being Martin Whitmont, Ellen Kreighbaum, Kelly Wiseman , Jane Newhall , Kris Dunn , and Clark Babcock ; those voting No being None. This application will be heard before the City Commission on August 19, 1991 . C . PUBLIC HEARING - PLANNING APPLICATION #P-9106 - A PRELIMINARY SUBDIVISION PLAT FOR WALKER PROPERTY SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SPRINGHILL ROAD AND U.S. HIGHWAY NO. 10 Planner Skelton distributed to the Board copies of a letter from the State Historic Preservation Officer and the City of Planning Board - August 6 , 1991 6 ' i Bozeman Historic Preservation Officer. regarding an existing homestead on the site, adding that their comments are advisory only. Also distributed were copies of a memo to the Planning Board from Susan & Beatrice Taylor, applicants, with their response to the conditions listed in the Staff Report. Planner Skelton reviewed the Staff Report (on file in the City-County Planning Office) , concentrating on the portions that pertain to the recommended conditions of approval . He noted that this application is being reviewed under the 1988 Zone Code since the property .lies outside of the one-mile Interim Zone Code' s jurisdiction . Planner Skelton stated that Dick Vincent, of Fish, Wildlife & Parks, had originally recommended that there be a pedestrian access to the East Gallatin River through the residential phases of the subdivision . However, Mr. Vincent felt that if the existing parking area along the river at Springhill Road were improved , then he would not require the pedestrian access. Acting-President Wiseman OPENED THE PUBLIC PORTION OF THE HEARING. Beatrice Taylor, applicant, stated that the she and her daughter, Susan Taylor, have proposed this development is response to the need for a community' business area at the Highway Y. 10/Springhill Road section with convenience stores and small stores for neighborhood use. She stated that they would like to include office buildings in the development due to the convenience location of the development half-way between the airport and Bozeman . She further stated that they have limited the number of office buildings to protect the view, and have kept the density low to protect the wildlife. Beatrice Taylor stated that they intend to donate private open space to possibly the Nature Conservancy or Gallatin Valley Land Trust so that it will always be preserved in its present state. She stated that the open space in the southeast section of the development would be considered private to allow a homeowner to purchase it for horse pasture. Beatrice Taylor stated that they hired a professional land use planner and landscape designer out of Denver, Colorado, to i work with them, and they have had informal meetings with many different groups in Bozeman to get input in the planning process. She stated that they have tried to enter into the spirit of the Interim Zoning Ordinance, although they are not subject to it . She further stated that they chose to develop all of the land rather than seeing someone else develop it who may not be as sensitive in protecting the land . Planning Board - August 6, 1991 7 Beatrice Taylor stated that they did not incorporate a bike path into the northwest area along Springhill Road because it would be in the flood plain. She stated that they have argued against providing a public pedestrian access to the East Gallatin River within the residential portion of the subdivision due to the lack of parking , and the misuse of the wildlife habitat in the area . In response to a question from Acting-President Wiseman , Beatrice Taylor stated that they are not required to put a bike path in but they wanted to provide a safer place for bicyclists. Planner Skelton stated that this subdivision will be reviewed under the Gallatin County Subdivision Regulations, and the County Road Superintendent recommends that the bike path be separated from the road . Susan Taylor stated that they have talked with Dick Vincent, of Fish, Wildlife, and Parks, and he was in agreement regarding the parking problem with the pedestrian access and felt they could come to an agreement for an alternative. Beatrice Taylor referred to the memo distributed earlier which listed their response to the conditions recommended in the Staff Report. She commented on the following conditions; Condition #10 - stated this should be eliminated because it has been met; Condition #12 - .did not include a 10' wide public bike path on Lot 1 , Block 1 due to the existing condition of wetlands in this lot. The access in this lot has not been utilized for the same reason . Condition #17 - have no objections to the alternative bike path suggested along the southwest side of Campbell Road , but ask that it be included in the 60' right-of-way easement. Condition #21 - request that no access be required to the East Gallatin River for the reasons mentioned earlier. There being no one else present to speak in behalf of or in opposition to the preliminary subdivision plat application , Acting-President Wiseman CLOSED THE PUBLIC PORTION OF THE HEARING. MOTION - It was moved by Ellen Kreighbaum, seconded by Jane Newhall , to approve the preliminary subdivision plat application with the recommended conditions listed in the Staff Report and the recommended amendments to conditions as recommended by Staff . �_ Planning Board - August 6 , 1991 8 f Planner Skelton suggested amendments to #12, #17, and #21 as follows: Condition #12 - add the underlined words to read , "That the one-foot no-access strip be reviewed and approved by the Montana Department of Highways and the Planning Director and that the ten-foot public bike path easement be reviewed and approved by the Parks. Open Space, & Trails Committee, the Planning Director, and the County Road Superintendent and that they both continue through Lot #1 of Block #1 and be depicted on the subdivision plat prior to Final Subdivision Plat approval . Planner Skelton suggested that Staff , the applicants, and the appropriate governing agencies work . together at coming to an agreement on this issue; Condition #17 - add the underlined words, and that it be reviewed and approved by the County Road Superintendent if the bike bath is incorporated within the 60' road right of way on Campbell Road . Condition #21 - add the underlined words, "that the applicants provide a parking lot and fishing access implementation plan at the northwest corner of the subject property for review and approval by the Montana Department of Fish, Wildlife, and Parks and the Planning Director in lieu of the 10' wide public fishing access easement prior to Final Subdivision Plat approval . Susan Taylor stated that she has talked with Dick Vincent about the parking lot that exists there and he told her he feels it is a dangerous situation due to people having to "zip out" from behind the guardrail that is there. She stated that Dick Vincent discussed with her the possibility of allowing a parking lot coming south from the bridge to the end of that guard rail with part of the parking lot in the right-of-way and part of it on their property. She stated it would be restricted to fishing access only . Planner Skelton stated he had a similar conversation with Dick Vincent on that issue. AMENDMENTS TO THE MOTION - It was moved by Martin Whitmont, seconded by Clark Babcock , to approve the amendments to conditions #12, #17 and #21 . The motion carried 6-0. The motion to approve the preliminary subdivision plat with the recommended conditions in the Staff Report and the amendment to the motion carried 6-0 with those voting Yes being Kelly Wiseman , Jane Newhall , Kris Dunn , Clark Babcock , Martin Whitmont, and Ellen Kreighbaum; those voting No being None. A positive recommendation to approve the preliminary subdivision plat will be carried forward to the County Commission • to be heard August 20, 1991 . Planning Board - August 6, 1991 9 `F. D. PUBLIC HEARING - ZONING APPLICATION - #Z-9189 - A i CONDITIONAL USE PERMIT APPLICATION FOR A PLANNED UNIT DEVELOPMENT AT THE NORTHEAST CORNER OF THE INTERSECTION OF SPRINGHILL ROAD AND U.S. HIGHWAY NO. 10 Planner Skelton reviewed the Staff Report (on file in the City-County Planning Office) highlighting remarks pertaining to the recommended conditions of approval . Planner Skelton stated that DRB reviewed the zoning application to provide advisory comments to Staff and they sent forth a positive recommendation for the overall proposal as well as the architectural guidelines and the subdivision itself . He noted that there are four zoning districts in the Planned Unit Development; R-2, R-3, R-O and B-1 . The applicants are trying to get an approval of a "punch-list" of conditional uses so that someone wishing to develop a use that is on the list of approved conditional uses would not have to go through a public hearing process, although they would still have to go through a site plan review. Planner Skelton noted that in the R-3 district the applicants are proposing to develop possibly up to eight dwelling units on each of two lots. The Zone Code allows a maximum of four dwelling units per residential lot. Planner Skelton stated that he would propose waiving the density requirements adding that the key issue is to maintain the clustering concept . Planner Skelton stated that Staff recommends restaurants and restaurants serving alcoholic beverages continue to be conditional uses in the R-O zone in order to evaluate each specific proposal . He stated that Staff also suggests eliminating financial institutions, game room/pool halls, liquor stores and bars from the list of permitted uses in the B-1 zone. Planner Skelton reviewed the recommended conditions listed in the Staff Report and recommended revisions to the following : Condition #1 - the applicant is requesting that the 5,000 square feet maximum gross floor area for each commercial structure be lifted to an aggregrate total of 20,000 square feet for Lots #1 , #2, and #3; Condition #2 - the applicants have requested that individual property owners be responsible for installation and maintenance of the landscaped buffer strip, and Staff has no objections to that . He stated that the applicants would be required to submit a landscape plan for the buffer strip. Planning Board - August 6, 1991 10 Condition #3 & #4 - recommend that these conditions remain until the status of the Montana Department of Highways demonstration plan is known . Condition #7 - applicants are requesting an allowance of 8 dwelling units on each lot. He recommended the condition to read , "That Lots #2 and #4 of Block 1 be allowed to develop at a maximum density of 8 dwelling units per residential lot, however, that both lots shall have ono future subdivision restriction covenants running with the land and that it be noted on the final subdivision plat and the subdivision covenants. " Condition #8 - change Block 3 to read Block 5. Condition #12 - add this condition to state "That the applicants receive a review and written approval by the Montana Department of Fish, Wildlife, and Parks for siding of all residential buildings along the East Gallatin River prior to issuance of any building permits" . Beatrice Taylor stated that, in regards to Conditions #2, #3, and #4, the property owner ' s association will not have the responsibility for the maintenance of those properties, stating j that they plan to sell the land up to the right-of-way. She " . stated that the DRB and the property owner' s association will i �u{ require landscaping along Highway 10. She further stated that they do not intend to maintain the State' s 30' embankment along the North 19th Crossroad . Responding to a question from Ellen Kreighbaum, Beatrice Taylor stated that consistency in landscaping would be maintained through a suggested list of plant materials that grow well in Montana . Susan Taylor stated that DRB likes continuity in terms of size of trees and they would be willing to do a sparse plan for that 50' buffer that might entail planting 6-10 trees along the entire frontage so that they all grow tall at the same time regardless of when the lots are developed . She stated that additional landscaping could be put in to compliment the specific building on each lot. Planner Skelton stated that the landscaping implementation plan would be reviewed by DRB for approval . Martin Whitmont stated concern that property owners might not maintain their 50' buffer strip Planner Skelton stated that the property owners association and the Improvements Agreement that the Planning Office would establish with each development would require them to. Martin Whitmont stated concern with enforcement of that. He stated that if one association was taking care of it, it would be taken care of as a unit , which he feels would function better . Planning Board - August 6, 1991 11 • I There being no one else present to speak in behalf of or in -� opposition to this Conditional Use Permit application for a =•� F.: ..1 Planned Unit Development, Acting-President Wiseman CLOSED THE PUBLIC PORTION OF THE HEARING. In response to a question from Kris Dunn, Susan Taylor stated that they do not mind the exclusions recommended in Condition #9 but that in regard to Condition #8, they would like to keep restaurants and restaurants serving alcoholic beverages on the permitted list of uses in the R-0 zone. She stated that the development would still have to go through the Minor Site Plan review and be reviewed by the DRB due to its location within an Entryway Corridor. Kris Dunn stated that her inclination is not to set a precedent of changing an R-O district to being very similar to a B-1 district. Following further discussion , the members of the Board concurred with Staff ' s recommendations to exclude restaurants and restaurants serving alcoholic beverages from the list of permitted uses in the R-0 zone. Susan Taylor stated that they are comfortable with that. Planner Skelton reviewed the amendments to the conditions that have been discussed . He stated that Staff would have no objections to the applicants request- for an amendment to Condition #1 . He further stated that Staff recommends Condition #2 to remain as written , adding that Staff feels one party would better handle the improvements and maintenance of the 50' landscaped buffer strip. Jane Newhall stated that it is her understanding that the property owner could still be required to maintain the buffer strip but the property owner' s association would be responsible in seeing that it is maintained . Susan Taylor asked when the installation of the landscaping would be required . Planner Skelton stated they could be required up front, or when the building is developed . MOTION - It was moved by Martin Whitmont, seconded by Jane Newhall , to recommend approval of the Conditional Use Permit application for a Planned Unit Development with the recommended conditions listed in the Staff Report; with the amendments to Conditions #1 , #7, #8, and #9; with the addition of Condition #12; and leaving Conditions #2, #3, & #4 as stated . Ellen Kreighbaum stated that she feels Condition #3 should be deleted since the land is owned by the State of Montana. Kris Dunn suggested that Condition #3 remain with the stipulation that it be eliminated if it is determined that this property belongs to the State of Montana and is part of the Department of Highways demonstration plan . All Board members concurred . F - Planning Board - August b, 1991 12 The motion carried 6-0 with those voting Yes being Jane Newhall , Kris Dunn , Clark Babcock , Martin Whitmont, Ellen Kreighbaum, and Kelly Wiseman . Kris Dunn stated that it is exciting to see something this professionally done and with this type of management and thoughtfulness in the Gallatin Valley. She commended Staff and the Taylors on the work they have done. This application will be heard before the City Commission on August 19, 1991 . MOTION - It was moved by Ellen Kreighbaum, seconded by Jane Newhall , to extend the meeting past 10:00 p.m. for a brief five- minute review of the remaining items on the agenda. The motion carried by unanimous voice. vote. ITEM 5. SPECIAL COMMITTEE REPORTS A. PERSONNEL COMMITTEE Acting-President Wiseman stated that the Personnel Committee has met several times and worked with the Planning Director to compile the personnel report included in their packets. He _ stated that this agenda item qualifies for the consent agenda unless there is anyone on the Board who would like to comment on the report, in which case an executive session would be called . Clark Babcock stated that the Board does not work with Staff on a daily basis , therefore, he does not feel the Board should be making the judgments on Staff but that it should come from the Planning Director. Planning Director Epple noted that State law does give the Board that responsibility. Kris Dunn stated that it seems the law does not give the Board the responsibility to be involved in the process, just the responsibility that it be reported to them. Planning Director Epple agreed stating that is why a Personnel Committee was established to work more closely with Staff . He stated that the Board may want to reconsider the personnel policy but that they must act under the policy that has been established at this time. Ellen Kreighbaum stated that she feels Board members do get to know those on staff through presentations through the Board and how they are presenting the Board with materials. MOTION - It was moved by Martin Whitmont, seconded by Jane Newhall , to approve the recommendations given by the Personnel Committee. The motion carried by unanimous voice vote. ~`J Planning Board - August 6, 1991 13 1 • • ITEM 6. PLANNING DIRECTOR'S REPORT A. MEMBERSHIP LISTS - P.O.S.T. COMMITTEE AND RECREATION & PARKS ADVISORY BOARD It was noted that membership lists were included in the packets. B. BUILDING DIVISION REPORT It was noted that the Building Division Reports ( included in the packets ) now list a comparison of permits issued from previous years. C. TRANSPORTATION PLAN UPDATE (PHASES I AND II ) Planning Director Epple stated that Phase I of the Transportation Plan involves an assessment of need to determine whether or not it is feasible for the City of Bozeman to convert to a computerized land information system. This phase is a $7, 500 contract and will be getting underway shortly. Phase II is a comprehensive update of the Transportation Plan and is underway. It is a $100,000 contract with engineering firm Peccia & Associates who will be presenting preliminary -" findings to the Board at the September 4, 1991 meeting . ' D. DESIGN OBJECTIVE PLANS Copies of the draft Design Objective Plans were distributed . It was noted that Mark Hinshaw will have a presentation to the Board at the August 20, 1991 meeting . During discussion it was noted that many of the members of the Board have not seen the slide presentations given by the design consultants . The Director stated that Staff will try to arrange an informal meeting for the Board to view those slides. E. PLANNING COMMISSIONER TRAINING Copies were distributed of a schedule and description of the Planning Commissioner Training sessions being offered by the Gallatin County Planning Department . All members were encouraged to attend . F . TRANSPORTATION COORDINATING COMMITTEE (TCC) Copies of the previous TCC minutes and the agenda for the August 21 , 1991 TCC meeting were distributed . It was noted that the Planning Director and the President of the Planning Board are Planning Board - August 6, 1991 14 the liaisons to TCC from the Planning Board but the meeting is open to anyone wishing to attend . ITEM 9. ADJOURNMENT There being no further business before the Planning Board , Vice- President Wiseman adjourned the meeting at 11 :05 p.m. Andrew C. Epple, Direc elly W'` eman , Acting President City-County Planning taff Cit ounty Planning Board City-County Planning Office Planning Board - August b, 1991 15 MINUTES BOZEMAN CITY-COUNTY PLANNING BOARD AUGUST 20, 1991 ---------------------------------------------------------------- ITEM 1. CALL TO ORDER AND ATTENDANCE The regular meeting of the Bozeman City-County Planning Board was called to order at 7:08 p.m. on August 20, 1991 by Vice-President Bill Myers. BOARD MEMBERS PRESENT : BOARD MEMBERS ABSENT: Bill Myers, Vice-President Jane Newhall Bob Bullock Ellen Kreighbaum Martin Whitmont Kelly Wiseman Bill Wright . Noreen Alldredge Kris Dunn Clark Babcock STAFF PRESENT• Andy Epple Kevin Wall Donna Havens VISITORS REGISTERED: Roger Flair Clair Daines Tom Anacker Robert Leigland Lowell Springer Susan Leigland ITEM 2. MINUTES OF AUGUST 6, 1991 Vice-President Myers asked if there are any additions or corrections to the August 6, 1991 Minutes as distributed . There being none , the August 6, 1991 Minutes were approved as distributed . ITEM 3. OLD BUSINESS The Board agreed to act on Item 4.A. prior to Item 3. Planning Board - August 20, 1991 1 'Mrs. Beatrice Taylor Post Office Box 3870 Bozeman, Montana 59772 August 6, 1991 To: Bozeman City-County Planning Board From: Susan&Beatrice Taylor,Applicants Re: Walker Property Subdivision Planning Application No. P-9106 Zoning Application No. Z-9189 After reviewing the Staff Report on the above referenced application,Applicants request the following modifications: 1. (Condition 10,p. 19) Formal application has been made to the Director of Public Service requesting that the City of Bozeman expand the existing sewer service area to include any development within the north half of the property. 2. (Condition 1,p. 27) With reference to Block 4, Lots 1,2, & 3,zoned B-1, applicants hereby formally request a waiver of Section 18.28.010.B which allows a maximum gross floor space of 5,000 square feet.. Along,low building along the base of the northwest slope of an embankment on the proposed 19th Street Crossroad,with a maximum of 20,000 square feet, would mitigate the effect of the 30'high embankment and provide unity of design for separate, small businesses. Please refer to the Preliminary Application,p. 14 , Retail Architectural Character, for a professional rendition of a suggested option. 3. (Condition 7,p. 27) With reference to Block 1, Lots 2 and 4,zoned R-3, applicants hereby request a waiver of Section 18.20.020 which limits the number of dwellings per lot to four. In both locations Applicants have proposed a maximum of eight dwellings on a large lot instead of four on each of two smaller lots to encourage clustering of multi-family dwellings and provide more unified open space. 4. (Condition 8,p. 27) Applicants request inclusion in Blocks 2& S (R-O)the permitted use of a restaurant or a restaurant serving alcoholic beverages to provide for the needs of office personnel and businesses located on the premises. Applicants offer the following comments with reference to conditions suggested in the Staff Report: 1. (Condition 12,p. 19) Applicants have not included a ten-foot wide public bike path on Lot 1, Block 1 due to the existing condition of wetlands in this lot. An access previously granted along Springhill Road by the Montana Highway Department in this lot has not been utilized for the same reason. 2. (Condition 17,p. 20) Applicants have volunteered a 10-foot public bike path as a means to improve safety along Highway 10 but do not accept responsibility for construction or maintenance of said path. An acceptable alternative is the suggested route along the southwest side of Campbell Road,to be included in the 60-foot right-of-way easement. / 1 _ I ' 3.(Condition 21,p. 20) Applicants do not wish to provide a public pedestrian access to the East Gallatin River within the residential portion of the subdivision due to the lack of parking, inability to patrol the area against misuse of a fragile environment and wildlife habitat,and lack of means to provide adequate privacy for adjoining landowners. 4. (Condition 2&4,p. 27) Applicants will amend covenants to include wording to the effect that owners of property included in the 50-foot landscape buffer along Highway 10 must landscape their property to the highway right-of-way with grass,trees,and bushes compatible with the landscaping of the rest of the site and that a landscapeirrigation site plan for such improvements be documented prior to application of a building permit for each lot. 5. (Condition 3 &4, p. 27) The Property Owners Association accepts no responsibility for landscaping,irrigation,and maintenance of the embankment of the North 19th Crossroad. This land will be owned by the State of Montana and will be included in the demonstration project. 6. (Condition 9,p. 27) Applicants have deleted as permitted uses in Blocks 3 &4 (B-1)banks and other financial institutions,bar(tavem, cocktail lounge),game room,and liquor store, and have amended"candy and ice cream store"to be"candy and frozen dessert store". All other conditions as outlined in the Staff Report are acceptable to the Applicants and will be implemented prior to submittal of the final plat for approval. We greatly appreciate the time and attention spent by Dave Skelton and the City Planning Staff in i preparing this thoughtful and useful report. Yours truly, Beatrice R.Taylor ca", tZ I a* Susan R. Taylor • • �� � - �,�j �:r ��<< z � f1� li�-, •zF� 7 _� �� rl ���f F�nt<�� ��f �i� �c �. _ _ _. _ _ _. . - , ' i i i i .-. _. _-- --' _ �_. _-_. _ �._ .. _ - _. - '._. __ i _ ... - S t "ITEM BOZEMAN CITY-COUNTY PLANNING BOARD STAFF REPORT ITEM: PLANNING APPLICATION NO. P-9106 -- A PRELIMINARY SUBDIVISION PLAT APPLICATION FOR WALKER PROPERTY SUBDIVISION ZONING APPLICATION NO. Z-9189 -- A CONDITIONAL USE PERMIT APPLICATION FOR A PLANNED UNIT DEVELOPMENT ON PROPERTY ZONED "A-S" , AGRICULTURE SUBURBAN DISTRICT, 'R-2" , RESIDENTIAL SINGLE-FAMILY, MEDIUM DENSITY -_ DISTRICT, "R-3" , RESIDENTIAL, MEDIUM DENSITY DISTRICT, 'R-0" , RESIDENTIAL - OFFICE DISTRICT, AND. "B-1 " , NEIGHBORHOOD SERVICE DISTRICT APPLICANT: BEATRICE & SUSAN TAYLOR P.O. BOX 3870 BOZEMAN, MONTANA i TIME/DATE: TUESDAY, AUGUST 6, 1991 , AT 7 :00 P.M. , IN THE COMMISSION MEETING ROOM OF BOZEMAN CITY HALL, 411 EAST MAIN STREET, BOZEMAN, MONTANA REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description The proposed subdivision is identified.-as being a portion of Tract 1 of Certificate of Survey LNo. 1498 ,,( Tracts 12 & 3 and portions of Tracts 1 & 4 of Certificate of Survey No. j1498B,Jand located in the Northeast One-Quarter and Southeast One=Quarter of Section 26 , and Southwest One-Quarter of Section 25 , Township 1 South , Range 5 East, P . M. M. , Gallatin County , Montana. It is more commonly 1-ocate.d at . the northeast corner of - the intersection of 'Springhill Road �and( U . S. Highway No. 10 . Please refer to the Vocation map below. �o . Ri.e s0e r Q rar wd e O-90 .� 6 a 31ker 25 i North Property J E. Gg1lati�,_ r Proposal The applicants, Beatrice and Susan Tay_l:or_, propose to Fu d vide and develop 117 . 867 acres of agricultural land as a pla-nn-e-d-unit-Bevel-opmen-t wh-i-ch-i-ncor-por-ates=a m x of commercial and residential uses. Residential development will occur along the East Gallatin River ranging from single-family dwellings on Lot #2 , #3 , and #4 of Block 1 , to attached single-family dwellings on Lot #5 , #6 , #7 , #8 and #9 of Block I. Eleven. (.11 ) commercial lots are proposed in the general vicinity of the intersection of Springhill Road and U . S. Highway No. 10 . Thy e North 19th crossroad for the new North 19th Interchange will pass through the subject property intersecting with Springhill Road approximately seven ( 700 ) hundred fe-et_north_of the i ntersecti on wi th U . S. H i ghway No. • 10. Aes-of=internal roads hand deadend cul-de-sacs will access the resrdenti91 and commercial deve 1`opment-f rom-Spr i ngh i`l-l"Road and U . S. Highway No. 10 . Al 1 - roads will dedicated public road right-of-way . The applicants have incorporated the physical features of an existing topographical bench with areas for designated open space to serve as a "natural " buffer between the residential development along the East Gallatin River and the commercial development along U . S. Highway No. 10 and Springhill Road. The concepts proposed by the applicants which propose a mix of residential single-family dwellings and commercial uses will require review by the advisory and governing bodies as _both a subdivision planned unit development and a conditional use permit a�ppl-ie-ati-on,-for a plan en d unit development. Background's jMarch 18;1T9-91, theBozeman Cit Commission y granted'=the applicants a Zone Map Amendmeni- or portions of the subject prope-rtyY-f-rom---�A-S" 79ri`cul"t`ure-Suburban District) to -LR-j3" - "' (Residential , Single Family, Medium Density District) , (Residential , Me dium Density District) , �R-O"(Residential-Office District) , and Service District) . The zone map amendments were in anticipation. of the developers proposing a mixed commercial/residential planned unit development on the site:' a The applicants have also submitted a preapplication for subdivision review by the Planning Office which was co 7 mpleted Apr.i C9917 At the recommendation of the Planning Staff the applicants withheld the preliminary subdivision plat submittal until such time that the Montana Department of Highways was committed to the final design of the North 19th Interchange and Crossroad . 2 Staff Findings The applicants have made application to the Planning Office for a subdivision planned unit development, #P-9106 , and for a conditional use permit to develop a residential /commercial planned unit development, #Z-9189 . The Planning Office has combined both applications into one Staff Report; however, each application will be reviewed and evaluated independent of each other. PLANNING APPLICATION NO. 9106 A PRELIMINARY SUBDIVISION PLAT APPLICATION FOR WALKER PROPERTY SUBDIVISION w't: Staff Findings The Planning Staff has reviewed the applicant' s preliminary subdivision plat submittal , including ,the Environmental Assessment and Community Impact Statement, and provided comments below. The Staff has also requested that City, County, State, Federal and local agencies provide 'a written-response , which are also incorporated into the following comments : ENVIRONMENTAL ASSESSMENT Surface Water The East Gallatin River , a designated stream corridor, flows a l:o n-g:t-h-e=e a=�Tt and=n�rt h=f-r=i-n-ge s—e f t-h e—s-u-b j-e.c t—p-r o.p_er t y. -T h e boundaries, of the 1_QOT_yea_r f 1 ood_p 1_a i n and`1 00--year f 1 oodway a 10 depicted on the preliminary subdivision plat. No public roads are anticipated to be constructed within the 100-year boundaries ; however, any private roads or driveways that may service residential homes must be reviewed and approved by the Soil Conservation Service prior to construction . A= one hundr__ed�foot ( 100 ft. ) "Habitat" preservation setback pa pfroointhe centerline of the East Gallatin River is proposed by• th& iiccants to maintain the existing habitat along -the riVer The is-ubd i-v-isrti-onecovenants note that no building may be constructed" within the 1_OO�f_oot._.ha-b-i-tat--p-res.e-r_vati-o-n setback without first receiving approval from the Montana Department of Fish , Wildlife & Parks . The covenants should clarify that any building refers to any "principal or accessory structure" . T h-e:p-r e l i_m i.n-a-r_y s u-b d v i_s i o n plat should also depict t h e thirty-five ( 35 ) foot stream setback required by Section 1'8 . 5`0 . 060 . E of the Bozeman Interim Zone Code and Section 18. 50 . 220 of the 1988 Bozeman Area Zone Code. 3 - J.Ground water The applicants' consultant, Gaston Engineering & Surveying, monitored a series of nine wells on the subject property in April of-1991 . Those-r_es-ults i-ndi-c-ated that-g-rou_ndwater was found to be greater than 10 feet�on-the south end-pf the property whi l-a-we?l l-s on the north end of the property yielded a depth to groundwater off. 3 1 /2 feet to 6 feet!F—The consultant notesthat to---•a-vo'i d de-g-rad-ation of the high groundwater, 'a central private sewer ccoo11lec�tion system is proposed to service each residential lot r-Th-e r-e si--d-e-nt i-a l-p o r ti 6r s o f t he-p r-i-v-ate-s-y-stem;u s i-n g-a 1-i-ft s t a t i o n and force sewer maim_,_w_o-ul:d then tie into the existing 8"City o Bo -n sanitary sewage main. The commerc"i`allots-wou1-d-use--a Cq_r--a-v ty-f 1 o�stem to t i e into the same municipal sewer sewage system. Geology - Soils - Slopes There are no known geologic hazards associated with the property , which can be generally described as an alluvial plai-n bordering the East Gallati-n-Ri1ve-r-width a terrace bench dividing th ,p.roperty�parallrel—to the--rive-r-._--The'`�"'bench—or-"`terrace—is appyroximatel.Y,1.0--f-eetin---ver-t-ical—elevation with a gentle transition which does not constitute a geologic hazard . The Soil Conservation Service e s ti,ma te-s:0-4%,--s 1-o p-e-s--i-n-the-a-r_ea--o fit h-e� proposed subdivision . The only known geohog,i.c=factor likely to, I affect normal construction procedures is the high groundwater found -n some of the proposed_resi.denti=al=a.r_e'-as=al:-onj th-e=Ea_st^Gall-atin Rivers-- This shoulF� e noted on the Final Subdivision Plat. The soils found on the site range from a dark brown si.lt loam topsoil , 10-70 inches thick , overlaying a tan clayey silt 0-104 inches thick ; all of which overlays a dense , poorly graded gravel . Subdivision roads have been designed with minimum grade changes and minimum disturbances to the natural terrain . All cuts and fills which exceed 3 feet in depth are shown on Figure 3 , Geology-Soils- Slopes , of the applicants' Environmental Assessment. - Vegetat i on The diversity of the area is reflected in the range of vegetation occurring on the-p-rope-rty-w-h-i-c-h-gene-call-y-f;a11•s-i,n,to one of two categories : Pagricultu-ra-1---1-and-or-r-i-ver,-bed-vegeta.ti.on.r The Soil Conservation Service lists the agricultural land as 'irrigated , non-irrigated crop land and range land:- These areas are�ge-ne-r-a11`y 1-oc-aced on the bench=a'long"U} S:- H'ighway-No. 10 , and in the northern regions where man-made or natural channels of the river have not developed. As the East Gallatin River meandered over time through the applicants' property an enormous growth of trees , bushes, s-hrubs ,_and undergo wt.h_h-as,-de-v-el-oped:The^app1 i can is note that fall critical plant commun ti-es-a-sso_c.i,ated with the East Gallatin ;River are planned-to-be 1-efti�n=th-ei-r-pr-e-sent= naturaT�state., 4 L The Environmental Assessment makes reference to weed control of all noxious plants on each of the individual lots . However, the applicants have not provided language in the covenants to control noxious plants in the designated common open space areas. A weed control plan should be submitted to the Gallatin County Weed Control Board for review and approval , and the document incorporated in the subdivision covenants for all residential lots , commercial lots , common open space areas and public use areas . Wildlife No big game winter range or key wildlife areas have been identified with this4area_;:_h-owever, the East Gal la nyRj-v_er---does p-r-o-vi:d.e-habita-t_f-or a variety of wildlife,_waterfowl , and fishery. This area has become a popular area for fishermen and outdoor enthusiasts . Be-ca-use_o this, much of the area including the- wetlands , has been set -aside as open space. -. In addition, the applicants are proposing a 1`0-0=foot h-abiLLtat preservation setback along the East Gallatin River restricting improvements or any alterations to the vegetation without consent by the Montana Department of Fish , Wildlife & Parks. Historical Features The Environmental Assessment notes that a file search completed by the State Historical Preservation Office revealed 01, e cnultural resource 1To-c-ate-d on t� h—e s_ ites. ( See Flgure-8--of Ev'i-ronmental—Asses-sme-nt---Montana Cultural Resource Inventory) . The feature is located in the general area across from the intersection of Moss Bridge Road and Springhill Road , or just north of the old intersection of Reeves Road and Springhill Road . It would be more commonly located across from Cashman Nursery . The significance of this resource is that it is listed as a "homestead" and is commonly referred to as the Walker Property Homestead . The significance of the homestead site is that -it qualifies for listing as a historical site. It is a homestead patented under the 1862 Homestead Act and is one of the earliest. homesteads in the Gallatin Valley. The cultural resource inventory recommends that any development that occurs in -the area should avoid impacts to the homestead . L he�ap-p 1'i cants have i nd i'cated a des-i-re-�to-�h-o-pefu-1 l,y pre-se-rve._and_r:enovate the existing structures; however, c,onfl- cts ' may occur with - construction of the proposed Campbell_-Road � i rate-r:sect i on-with Spr=i ngh.irl_1!jRIDoad . Visual Impact-. The applicants have_made-n-ume-r-ou-s-eff--o-rts through sub d i-vi-siTon-5. des-i°gn , covenants , design guidelines and creatsion of�a-Design Review-Committee to preserve the views and natur'al`�aesthet-i cs�o-f the site . 5 Covenants restricting building materials , colors=;signs, fences, parking- landscapa,ng=and-buf-feri,ng -and-insta•1-1`at.i.o_nzo-f-_-underground - uti 1 i ti es>shoua d assure adequate cons i derat_i on-of-�a-n_y_visual impact to the area•.-= COMMUNITY IMPACT STATEMENT Utilities Utility easements are not noted on the preliminary subdivision plat submittal ; however, the Community Impact Statement indicat-es that the necessary uti-1 ty easementswi'1'l=be provided--as;requ-J-r-ed Vy_the ut i'li"ty companies . A ,ten--(1`0`)"fodt`w-i dii utility easement along the—f-rout--of—al`l—c`ommerci al and residential lots is anticipated . A thirty ( 30) foot wide private utility easement shall be noted on the final plat for the private lift station and the private sewage force main . The utility easement for the City of Bozeman ' s 20-inch sanitary sewer line should be noted on the final plat. No comments from the utility companies have been received by the Planning Office as of the 'writing of this staff report. The applicants further state that all utilities will be installed underground . Water , ,- �-- ------- P�i vat_e-i;ndi,v-._ dua ._l on-site wat.e_r1,we 1'�l s would p rov i de the bas'i'c� • dom s-Ci c ester s-u-p-pl y to-._resi dent•iTal lots--, ``The submittal—not,e`s that water wells will be deve"-loped--on-anl "as needed basis" for commercial lots. This suggests that a single well may. serve more than one commercial building and function as a private central water system. Consideration of a possible public water system may require review and approval by Montana Department of Health and Environmental Sciences for any water system servicing ten ( 10 ) or more water services or more than twenty-five ( 25 ) people . The narrative projects that at full development the average daily water demand will vary from approximately 35 , 975 gallons per day without irrigation to as much as 56 , 000 gallons per day with on-site irrigation systems . Mr_. -Brad—Johnson,:Be 1 grade Fire Chief, requests that the dev.e._l,op-e.r-str-provide=a"-year---a-round water source with availability exc'l-us iTve l y for the_rural-f i e department (see attachment "A" dated �u,l y.1-7,�1-9-91). The fire protect on Ovaterysour-ce shal"1 consi st"of either a hydrant connected to a permanent water supply or a fillsite situated on the East Gallatin River . Either method shall be capable of flowing at least 1000 gallons of water for a minimum of two hours . If a fillsite is used , the rural fire department has a policy that it be located within the proposed subdivision . However, the existing East Gallatin River fillsite recently constructed along Springhill Road would be adequate for the proposed subdivision. The Fire District also stipulates the need for a $50. 00 per lot impact fee . Adequate provisions for fire 6 protection must be reviewed and approved by the Belgrade Rural Fire Department prior to Final Subdivision Plat approval . Sewage Disposal Sewage.�di-sp-osal,would be treated by tapping into an _existing tC ty--of=Bo-zeman 8�inth sewer main which parallels R £he existingg ee_es-Road..- Treatment a'nd--d-isposa-l�`w-i-1-1 u'1`tma ite ed l�y=be provid by-the City of Bozeman ' s Wastewater Treatment Plant, just west of the proposed subdivision . The majority of the commercial lots along U . S . Highway No. 10 are situated on a topographical bench that would allow a gravity flow sewage system to serve the development. However, residential lots in Block #1 and #2 will require a lift station and force main to tie into the Cityof Bozeman 's sanitary sewage system. Sewage disposal flow at full development is estimated to be 29 , 850 gallons per day with a peak flow rate of 82 . 92 gallons per minute. fMr . Phi 11 ip Forbes , Director of-Publ-ic-Servi-ce`,has- offe-r-ed prel ihinary approval fo"r the=d�Tsposal of domestic sewage-l;�to-t_h;e Bozeman% coh-lect�ibn and treatment syste The proposed mmercial i cats-a;oragYU-.•8.-H i,ghway-No"-1-0-are present1 y located within the urban sewer service boundary . However, Mr. Forbes notes that the applicants must make formal application to the Director of Public Service requesting that the City of Bozeman expand the existing sewer service area to include any development within the north half of the property . Reference to the thirty ( 30 ) foot ui.il � ty easement for the existing 8-inch sewer must be noted on the Final Plat, as well as a "private" thirty ( 30) foot utility easement for the private force main serving the residential lots . Mr. Craig Brawner , Assistant City Engineer neer, notes that satisfactory water meters from resideu)ti'al units and/o,,—ae ie-rjl°i-ft station flow metering must be provided to allow the C ity of,-Bozeman a-method-of-determi ni'ng-an-asse"ssment rate(`seelattachme:t B" ) . So'l=i'd'�Wasto D i-s�asa 1� ,,,,w Solid waste disposal will be provided by Waste Man:�aF-m -merit' Partners pnd transported to the Bozeman San tart'L-a-n-drf-i 1 1--o-r�'-the' Ga1I-ali-n-County Landfill at Logan . Both landfills are approved by the State Department of Health and comply with D. H . E: S. requirements. ' R=off a d s� Public a.c.c.ess to the proposed subdivision would be provided from U"S Highway No. 10 and Springhill Road. A third access , the North 19th Crossroad , would provide limited access to the commercial phases of the subdivision. [Two o�t�interis , Campbell Road and Reeves Road East/West, would is-erve-a-s-t-Kd p it Mary interior transportation network system, with Enterprise Road , Gibson Drive y • 7 and Kean Drive serving as secondary roads for the subdivision . Approximately 5 , 512 lineal feet of sixty (60) foot road right- of-way would be dedicated to the general public with all road improvements within the right-of-way installed by the developers. All subdivision roads, both commercial and residential , would be owned and maintained by the property owners association(s) , but installed to Gallatin County Road Standards. A one-foot access=s-tr_i-.p—would-1 e provided along U . S .- Highway--No. -1-0-l9nd Spr-i,n-gh-il-l-Road``requiring all access to the lot�s-to -occur from the i note r iio r-o fit h e_s ub d i-v isi o`�n . The applicants propose to alter the existing Reeves Road as depicted on the preliminary plat submittal by constructing a future road extension between Reeves Road West and Reeves Road East that would connect under the North 19th Crossroad. Mr. Sam Gianfrancisco has commented by telephone that it would be necessary for the applicants to request that the Gallatin County Commission vacate that portion of the Reeves Road right-of-way which will become part of the North 19th Crossroad. In his written-comments , Mr . Gianfrancisco notes that the judicial government has recommended that the developer pay for the proposed Reeves Road connection. He further states that all requests for street signs will require a $100 . 00 deposit per sign (see attachment "C" dated July 18, 1991 . ) Mr. Kenneth Rapp, District Engineer, Montana Department of Highways , comments that the Enterprise Road approach to the North 19th Crossroad will be permitted, but with restricted left turning movements. Furthermore, it is doubtful that the Reeves Road connection under the North 19th Crossroad will be allowed unless the applicants install the improvements at their own cost ( see attachment "D" dated July 16, 1991 ) . Subdivision roads within the commercial phases , zoned "R-O" and "B-1 " , would be paved immediately. Initial construction of the residential roads would be installed to Gallatin County gravel road standards. Pavement of the residential roads would not occur until such time that the homeowner' s association initiates a R. I . D. Traffic Generation _ F The applicants have provided estimated trip generation information for the proposed subdivision utilizing data from the Institute of Transportation Engineers to calculate the amount of traffic generated by the development. . Based upon the proposed land uses the developers projected trip generation impacts are summarized as follows: 8 _ Trip Generation Projections - Applicant TE ' s/Day - Trip Ends/Day Density Factor Trip Ends R-2 , Single Family 9 . 9 T. E. ' s/D. U . = 50 TE ' s/Day R-3 , Multi Family 5 . 1 T . E. 's/D. U. = 102 TE ' s/Day R-0 134 . 61 T . E . ' s/Ac . = 1894 TE' s/Day B-1 353 . 89 T . E. ' s/Ac = 3097 TE' s/Day Total. (Appl icant) = 4368 TE ' s/D'ay (Correction ) = 5143 TE 's/Day The Planning Staff evaluated the trip generation of the proposed subdivision utilizing Trip Generation , by the Institute of Transportation Engineers , 3rd Edition , 1982 , to calculate the following traffic impacts: Trip Generation Projections - Planning Staff ADT ' S - Average Daily Trips Density Factor A. D. T. ' s R-2 , Single Family 10 . 0 ADT/D. U . 50 ADT/Day R-3 , Multi Family 5 . 2 ADT/D . U . 62 ADT/Day R-0 , Res . /Office 137 . 0 ADT/Acre *2011 ADT/Day B-1 , Commercial 709 . 2 ADT/Acre **6425 ADT/Day Total 8548 ADT/Day * Multiplication factor of 14. 68 acres in "R-0" area. ** Multiplication factor of 9 . 06 acres in "B-1 " area. Upon total build out of the proposed commercial/residential subdivision the applicants projected a corrected total traffic generation of approximately 5143 Trip Ends/Day versus the Planning Staff ' s higher projection of approximately 8548 Average Daily Trips/Day. t It is e v i d e_n t that with the p r o p o s-ed—s u-b-d-i-v-i-s-i-o n as-s_—w_el-1 a- thedev�leo _ntof —other—re-s-i-dentialsubd-i'vision-s "i`n�he k. sw-r-rounding are(Stone-ga-te-atR�vr i= ;thc atthetr-a-ns:p_o-rtotiTo sn network system in the area_wi-1i_ -bei-mpact-ed�Recent improvements ft-o Sp-r-isn-gh'i 1 1—Roa-d a M . D. O. H . " limited access h.i ghway" , have increased the design capacity up to 7 , 000 average daily trips. Traffic counts by the developers on Springhill Road near U . S . Highway No. 10 show an A. D. T. count of approximately 3341 A. D.T . ' s with a peak hour of 373 vehicles . An additional 5143 Trip Ends/ Day projected by the applicant or 8548 A . D. T. ' s/Day projected by Staff would place Springhill Road over its design capacity. However, this is assuming that all. traffic from the subdivision 9 r will use Springhill Road which is not probable. The total impact of the new North 19th Interchange and North 19th Crossroad on the proposed planned unit development have yet to be been fully evaluated. An environmental assessment of the proposed North 19th Avenue Interchange by the State of Montana Department of Highways and U . S. Department of Transportation project in 1992 that daily traffic volume on U. S. Highway No. 10 , east of the intersection with Springhill Road, would. be approximately 3858 vehicular trips ( see attachment "E" ) . This is exclusive of the trip generations projected for the proposed Walker Property Subdivision. fE-me-r-g a ncy-S e`r VAc e s Fi-r-e-protection wi 11 be -provided�by the Belgrade Ru-r=al Fire District, police protection by `th-e Gall-ati-n—County Sh� ff ' s Department, and ambulance service by Halls Emergency Service . All of the above services have commented that they are capable of servicing the proposed subdivision. ( Please refer to Section "D of the applicants' Community Impact narrative) ' Schools Mr. Gary Griffith , School District No. 7 , comments that statistically a subdivision of this density would generate approximately nine ( 9 ) elementary and four (4) high school students . Mr. Griffith noted that although thirteen ( 13) students may not, in themselves, have a large impact on the population of the Bozeman School District, he feels that developers of all subdivisions being considered in the valley at this time would have a significant impact on the Bozeman School District. Essentially , for every twenty-five ( 25 ) new students introduced to the community , one classroom must be built. The proposed subdivision would fill the equivalent of one-half of a non-existing classroom. Land Use t JThe 1990 Bozeman Area Master Flan Update designates th-e sub 'ect,7 property to develop as Public Open Space , Suburban Residential and Commercial . I Recently approved Zone Map Amendments by the-%Bozeman C- Tty-Comm ss ion in March , 1 991 , hav-e set forrth 1 and �u-s e z o n"i'n-g-d-e s i-g-n a t i-o n-s-t h-at w o u l-d=a 1 1 ow d e v ego p n t to occur which , complies with the Bozeman Comprehensive Plan. The subject property is . not in close proximity to the City limits of Bozeman ; as a result, it is not anticipated that the proposed subdivision would in the near future annex into the City of Bozeman. However , the applicants indicate that they have signed a waiver of right-to- protest annexation into the City of Bozeman. Public Open Space: The East Gallatin River is designated in the 1990 Master Plan Update . as part of a linear trail /open 10 space corridor system that extends throughout the jurisdictional boundary of the Bozeman City-County Planning Board . The Public Open Space and Trails Committee (P.O. S. T. ) reviewed the proposed subdivision and commented that based upon the wildlife and wildlife habitat along the East Gallatin River that it may be more appropriate to route a 10-foot public bike trail easement along U . S. Highway No. 10 and Springhill Road, instead of the river corridor. In evaluating the path of the bike route through the U. S . Highway :-No. j <�u►�T-� ��� 10/Springhill Road intersection , the Planning Staff is concerned that a life-safety situation may exist with the proposed I-90 Interchange and North 19th Crossroad . In consideration of the life-safety issue , the Planning Staff recommends that if not along the East Gallatin River, the bike- ; path should at least follow the proposed Campbell Road route, thus avoiding the U . S. Highway No. 10/Springhill Road intersection and North 19th Crossroad . The proposed ten-foot public bike path easement should also continue north throu Lot #1 of Block 1 adjacent to Springhill Road right-of-way similar to the remaining portions of the subdivision. ��tr�Ti�►-.I As with similar projects subject to the linear trail/open space corridor established in the Comprehensive Plan , the Planning Staff would recommend that the applicants document waiver of right-to-protest participation in implementation of the public bike path prior to final subdivision plat approval . Suburban Residential : The majority of the property proposed for residential development is designated to develop as Suburban Residential . The intent of the "Suburban Residential " classification is to permit the subdivision of land at a variety of densities while insuring an overall density and configuration of development that will accommodate the extension of urban services at an affordable cost to .each dwelling unit. Of the three land development options available the applicants propose the third option, or at an average gross density not less than one dwelling unit per acre , not greater than six units per acre , provided'.-. the development development is designed utilizing a P. U . D. procedure . Of the applicant' s 22 . 18 acres of land zoned for residential development ( "R-2" and "R-3" ) the proposed subdivision could develop up to a density of seventeen ( 17 ) dwelling units without further subdivision of the property. Although this falls short of the minimum density required of twenty-two ( 22 ) dwelling units , the applicants have attempted to responded to the P. U.D. criteria regarding clustered development and the utilization of the remainder of the property as open space. The developers further propose to access urban sewer services for the entire subdivision. Review and approval of the site utilizing the P.U. D. procedures should satisfy the intent of the 1990 Bozeman Area Master Plan Update . 11 r Commercial : Commercial areas are areas where the most intensive types of commercial and high density residential development may take place while providing adequate but controlled access to arterial streets. Based upon the recently approved "R-O" and "B-1 " zoning designations by the Bozeman City Commission and utilization of the P. U. D. procedure for development of the property , the commercial portion of the proposed subdivision would comply with the Bozeman Comprehensive Plan . The subject property is not adjacent to any public lands with the exception of the City of Bozeman' s Wastewater Treatment Plant west of Springhill Road. The East Gallatin River, a designated stream corridor, flows thorough the northeast half of the property, which commonly sees considerable use by local fishermen and outdoor enthusiasts . The proposed subdivision is bound on the north by . Riverside Country Club, on the south by U . S. No. 10 , Montana Rail Link and Interstate 90, on the east by Riverside Country Club, agricultural land and residential , and on the west by residential , a landscape nursery and City of Bozeman ' s Wastewater Treatment Plant. Housing The:appl icant' s n"`arrative suggests that app-rox-i-matel-y tw-e,nt.y- T + uetii.r-- �f�ive (25 ) residenti>al.,dwel-ling`s�,.�.would b-e—de-velop-e-d w thin ' . 'theme prop-osedsubdvision . This is based upon five dwelling units on 11 . 44 acres of "R-2" land and twenty units on 10 . 74 acres of land zoned for "R-3" development. The developers tentative time schedule for residential construction is approximately one third developed in 1991 , two thirds developed in 1993 , and .fully developed by 1995 . /-*P a rk-s The devel:o-pees propose 'to put aside fappr ioxiox matelTy'-5-3--0-2-acTresj of---land as open space for the commercial/r-es'li-denti-al-pl-anne_d_u-nit development. Section 16 . 44 . 050 of the Gallatin County version of the Bozeman Area Subdivision Regulations requires thirty (30 ) percent of the area of the P. U . D. , exclusive of all dedications , to be dedicated park land and/or open space. The subdivision regulations require approximately 30 . 314 acres which is less than the 53 . 02 acres proposed by the applicants. Of the thirty percent open space requirement, 15 . 157 acres of open space must be of common ownership, the applicants proposed to provide 17 . 46 acres of common ownership. a Because the applicants propose to provide designated common open space areas to replace the residential dedicated park land, Section 16 . 12 . 060 . E requires that the applicants request the Governing Body to issue an order waiving land dedication and cash 12 donation requirements. This should be made part of any decision considered by the Bozeman City-County Planning Board and Gallatin County Commission. Taxation The applicants note that under the current agricultural tax classification the 117 . 867 acres of land is generating approximately $2 , 390 .00 per year. The projected total tax for unimproved lots in the subdivision is $5 , 670 . 00 . Again , this-As exclusive of any commercial or residential structures. Fences The applicant' s narrative notes that no existing fences , other than the developers , border the property for the protection of agricultural lands. Any fences , existing or future, that are for the benefit of the property owners association will be maintained by the association . All fences will be controlled by the association and the design guidelines set forth in the subdivision covenants . Certificates The Final Subdivision Plat shall contain all required certificates and the appropriate language as required in Chapter 16 .40 of the Bozeman Area Subdivision Regulations . The final plat must include a Certificate of Dedication which dedicates to the public the roadways for public use , but does not require the County to accept the responsibility of maintaining the same . Covenants, Conditions and Restrictions Setbacks and Easements : All references to the 50-foot building setback along U. S. Highway No. 10 should include " landscape buffer strip" . Reference to the 10-foot public easement should include "public bike path easement" . The covenants shall note that the declarants will provide a waiver of right-to-protest participation of the implementation of the public bike path located within the 10-foot public bike path easement. Reference to the construction of Campbell Road , Gibson Drive , Kean Drive and reconstruction of Reeves Road shall include wording that requires the property owner ' s association to own and maintain the public roads, not the Gallatin County . The 100-foot habitat preservation setback shall note that no building , "principal or accessory building" , may be developed without "written consent" by the Montana Department of Fish , Wildlife & Parks . The final subdivision plat and covenants should identify the thirty-five foot ( 35 ft. ) stream setback 13 along the East Gallatin River. Reference to the width of all utility easements within the subdivision must also be provided in the covenants . A thirty- foot ( 30. ft. ) wide private utility easement should be noted for the private lift station and private sewage force main. Land Uses: Lots #2 & #4 of Block 1 may develop at a density of up to four (4 ) dwelling units per lot, not eight (8) units per lot, without further subdivision of the property . The applicants have proposed a variety of commercial uses in those areas of the proposed subdivision zoned for commercial development ( "R-O" and "B-1 " ) . The Planning Staff has identified a number of the proposed uses that should be eliminated. This will be covered in further detail during review of the application for a conditional use permit to develope the commercial /residential planned unit development. Open Space: The applicants have set aside two lots along the East Gallatin River, Lots #1 and #10 of Block 1 , to satisfy the open space requirements of the planned unit development subdivision regulations . Both lots should be noted on the Final Subdivision Plat in bold lettering of the size equivalent to the common open space areas as "private open space/agriculture/wildlife habitat restrictive covenant" . The two lots should be noted in the covenants as private open space with a agriculture/ wildlife habitat exclusive covenant on the land . The Final Subdivision Plat should further include a open space allocation legend which notes the individual lots and acreage designated for private open space, as well as those areas designated for common open space. Vegetation : The covenants should include an approved weed control plan for all noxious plants that has been reviewed by the Gallatin County Weed Control Board . The property owner' s association shall be responsible for control of all noxious plants within the public road right-of-way , the fifty-foot (50 ft. ) wide landscape buffer strip along U . S. Highway No. 10 , the ten-foot ( 10 ft. ) wide public bike path easement, and the designated common open space areas . Roads: Covenants shall note that all roads will be installed by the applicants to Gallatin County road standards within dedicated sixty-foot ( 60 ft. ) public road right-of-way, but owned and maintained by the property owner ' s association . Subdivision of Land: The applicants make reference to further subdivision of Lots #2 , #3 & #4 of Block 4. The covenants should note that future subdivision of any lots will be processed and reviewed against the Bozeman Area Subdivision Regulations. 14 ... Assessments: Annual assessment of operating expenses by the property owner' s association should include implementation of a weed control plan , implementation of the fifty-foot ( 50 ft. ) wide landscape buffer strip, implementation of the public bike path , and implementation of a public pedestrian access to the East Gallatin River . Design Review Committee Review and approval of all individual site plans shall include review and approval by the governing bodies representatives: prior to issuance of any building permits . This will include . review of the development of each individual lot by the Bozeman City-County Planning Office against the Bozeman Area Zone Code that is in effect at the time of the site plan application and review. Developers of individual lots should be aware of the appropriate review process required by the Bozeman City-County Planning Office . Amendments The Gallatin County Commission and Bozeman City Commission shall be made party to any revisions or amendments to the covenants and .by-laws of the Walker Property Subdivision and Walker Property Planned Unit Development . PUBLIC INTEREST CRITERIA i The Montana Subdivision and Platting Act established eight public interest criteria which the governing body must use to evaluate all proposed subdivisions . The Planning Staff has provided a brief summary below. i 1 . Basis of Need for the Subdivision The adoption of the 1990 Bozeman Area Master Plan Update and j revised Land Use Classifications for the area, suggested that a mix of limited commercial and residential development would be appropriate in view of the new North 19th crossroad and:_;. interchange . The Land Use Classification Map designates the, area to develop as Public Open Space , Suburban Residential andr Commercial . Based upon the land use classifications the . proposed subdivision would satisfy the intent of the 1990 Bozeman Area Master Plan Update . 2 . Effects on Agriculture The property in question is currently in agricultural use, wetlands or part of the East Gallatin River green belt. The 1983 Soil Potential Map suggests that the property is considered to have the highest crop yield potential in the area. , Goal #5 - ENVIRONMENT, AESTHETICS , AND NATURAL 15 RESOURCES, of the 1990 Master Plan Update encourages agriculture/agri-business by protecting and preserving the Gallatin valley' s productive agricultural operations through well-planned development within the jurisdictional area. The proposed commercial /residential planned unit development will eliminate a large portion of land within the 118-acres currently in productive agricultural use . 3 . Expressed Public Opinion The Planning Office has not received formal opposition to the proposed commercial/residential planned unit development as of the writing of this Staff Report. 4. Effects on Local Services Domestic water is proposed to be provided by individual private on-site wells for the residential phases and private and/or community on-site wells for the commercial phases. Therefore, no impacts are anticipated on the municipal water system. As noted earlier , review and approval by the Montana Department of Health and Environmental Sciences may be necessary if the commercial area develops under the State ' s definition of a public water system. The residential portion of the subdivision would propose the use of a central private sanitary sewage system that incorporates a lift station and force sewage main to tie into the municipal system. Mr. Fred Shields , Superintendent of Water/Sewer , comments that all connections to the sanitary' sewer system for the City of Bozeman will be required to have a standard sewer service application completed through the City Engineer ' s Office. Individual wells , both commercial and residential , will need to be metered to establish sanitary sewage charges . Mr. Phillip Forbes, Director of Public Service, notes that the portion of the sewer system to be extended from existing sewer main(s) is , and will remain, privately owned and maintained . The City wi l l not accept maintenance responsibility for a lift station, particularly outside of City limits . As noted earlier, Mr. Forbes is requesting that the balance of the property not currently within the City ' s sewer service area, be formally requested by the applicants to be included. The Director of Public Service has further commented that the specific geometry of Enterprise Road, as well as the Reeves Road connection under the North 19th Crossroad may need to be adjusted to meet criteria established by the Federal Highway Administration and Montana Department of Transportation. Enterprise Road will more enlikely have limited vehicular movements where no left turning movements onto the Crossroad 16 4 will be permitted. Restricted movements may also occur with the Reeves Road West and Springhill Road intersection (see - attachment "F"., dated July 10 , 1991 ) . Negotiations with the applicants regarding the acquisition of right-of-way to construct the North 19th Crossroad on the property include purchase of the right-or-way versus dedication with the proposed subdivision . The applicants' engineer is working with the interchange design engineer and local representatives. to assure coordination with the State of Montana. Should the final plat be submitted prior to the completion of the acquisition process and the Crossroad i_s platted as a lot for future transfer of title to the State .of Montana, the dimensions of this " lot" would be finalized with the work on the design of the interchange . Finalization of the lot dimensions wi11 be necessary before the final plat can be filed and recorded . Floodplain regulations will be enforced in this area as buildings and roadway improvements are constructed . Floodplain development permits and 310 permits may be necessary . The Walker Property homestead site may impact the design of Campbell Road ; however , the Planning Office has not received comments from the M. D. O. H . regarding its status. Special review of future proposed access onto Lots #1 and #4 of Block 4, and Lot #1 of Block 3 must be necessary . during development review. A one-foot "no access" strip is proposed along U . S. Highway No. 10 and Springhill Road to avoid direct access from the commercial lots . 5 . Effects on Taxation Based upon the development master plan of the property, the proposed subdivision should have little or no significant impact on the area' s taxation. 6 . Effects on the Natural Environment The Montana Department of Fish, Wildlife & Parks has commented that if the proposed subdivision is to develop a "buffer" strip of riparian vegetation should be provided along the river frontage to: 1 ) protect landowners from rapid channel changes by the river during high water periods, and 2 ) protect the immediate fish habitat vegetation on the stream bank. The natural woody vegetation areas are a very important natural deterrent to bank erosion and massive channel changes , in addition it is beneficial to various wildlife species. Since the area presently is a heavily used fishing area the regional office notes that it would be useful if the proposed subdivision could provide an easement or access point to the East Gallatin River . The location should be generally in the central regions of the proposed subdivision . The easement 17 7� should be a ten foot ( 10 ft. ) wide public pedestrian access easement and noted as such in the covenants and depicted on the final subdivision plat. 7 . Effects on Wildlife and Wildlife Habitat Mr. Richard Vincent, Region Fisheries Manager, Montana Department of Fish , Wildlife & Parks, comments that the East Gallatin River has a very high quality trout fisheries and would probably improve if additional streambank vegetation was encouraged to grow. In order to be effective , Mr . Vincent recommends that the riparian buffer area should include an area up to 200 feet from the existing streambank (see attachment "G" , dated July 30, 1991 ) . If approved by the governing bodies, the easement should be noted as such in the covenants and depicted on the final subdivision plat. 8. Effects on Public Health and Safety Groundwater conditions may impair final approval of residential development along the East Gallatin River by the Montana Department of Health and Environmental Sciences. However, final approval by the M. D. H . E. S. and Gallatin County Sanitarian will be necessary for private domestic water and sanitary sewage systems, both public and private. The need to satisfy the requirements of adequate fire protection required by the Belgrade Rural Fire District will be necessary prior to final plat approval . All subdivision roads will be constructed to Gallatin County road standards, and finalization of. the North 19th Crossroad design and right- of-way acquisition will be necessary to prior to final plat approval . Conclusion The Bozeman City-County Planning Staff has reviewed the preliminary subdivision plat submittal for the proposed Walker Property Subdivision against the Bozeman Area Master Plan , the Cou sion of the Bozeman Area Subdivision Regulations , and the Bozeman Interim Zone Code . As a result, the Planning Office recommends that t e Bozeman City-County Planning Board consider conditional approval of the preliminary subdivision plat with the attached conditions: 1 . That the Final Subdivision Plat contain all required certificates and the appropriate language as required in Chapter 16 .40 of the Bozeman Area Subdivision Regulations; 2 . That approval by the Montana Department of Health and Environmental Sciences be obtained for the sanitary sewer system as specified by -the Assistant City Engineer prior to 18 Final Subdivision Plat approval ; 3 . That the developers provide documentation of all required 310 Permits and/or Floodplain Development Permits for any construction within the East Gallatin River or 100-year Floodplain boundary ; 4. That a weed control plan be submitted for review and written approval by the Gallatin County Weed Control Board , and that it be made part of the property owner ' s association documents prior to Final Subdivision Plat approval ; 5 . That the property owner ' s association documents and covenants be submitted to the County Attorney ' s Office for review and written approval no later than thirty ( 30 ) days prior to final plat approval , and that they be signed , notarized and recorded at the Gallatin County Clerk and Recorder ' s Office with the Final Subdivision Plat; 6 . That the applicant document payment of a $50 . 00 per lot impact fee to the Belgrade Rural Fire District, and that the fire protection program established for the proposed subdivision be reviewed and formally approved by the Fire District prior to Final Subdivision Plat approval ; 7 . That the subdivision plat depict the thirty-five ( 35 ) foot stream setback for the East Gallatin River and that it be referenced in the property owner ' s subdivision covenants prior to Final Subdivision Plat approval ; 8 . That the applicants provide on the subdivision plat a notation in bold letters referencing the possibility of high groundwater on portions of the subdivision and that the notation be reviewed and approved by the Planning Director prior to Final Subdivision Plat approval ; 9 . That the subdivision plat identify all utility easements and that a notation be provided that all utilities will be installed underground prior to Final Subdivision Plat approval ; 10 . That the applicants formally request and receive from the City of Bozeman expansion of the existing sewer service area to include development within the north half of the proposed subdivision prior to Final Subdivision Plat approval ; 11 . That the applicants provide satisfactory residential water meters and/or sewer lift station flow metering ability as prescribed by the Assistant City Engineer prior to Final Subdivision Plat approval ; -'> 12 . That the one-foot "no access" strip and ten-foot "public bike AccESS 1�r 1( ' 19 path easement" continue through Lot #1 of Block #1 and be depicted on the subdivision plat prior to Final Subdivision Plat approval ; 13 . That the applicants formally request and receive approval from the Gallatin County Commission to vacate that portion of the Reeves Road public road right-of-way that will be occupied by the North 19th Crossroad right-of-way prior to Final Subdivision Plat approval ; 14 . That the final design of the North 19th Crossroad and pending status of the road right-of-way be reviewed and approved by the Montana Department of Highways, Director of Public Service , Gallatin County Road Superintendent, and U . S. Department of Transportation prior to Final Subdivision Plat approval ; 15 . That the applicants provide documentation of a waiver of right-to-protest annexation into the City of Bozeman prior to Final Subdivision Plat approval ; 16 . That the applicants provide a legal description of each of the four zone map amendments approved by the Bozeman City Commission describing the meets and bounds by a licensed Montana surveyor prior to Final Subdivision Plat approval ; — 17 . That the—a.p.p_li_c.ants provide documentation of a waiver of Ciight-to-protest the implementation plan for the el-opment of a public bi-ke path, and that the ten-foot public bike path easement be relocated along Campbell Road , instead of U . S. Highway No. 10 and Springhill Road, and that it be reviewed and approved by the Planning Director and Public Open Space and Trails committee prior to Final Subdivision Plat approval ; 18 . That the applicants formally request and obtain from the Gallatin County Commission an issue ordering to waive land dedication and cash donation requirements for the proposed subdivision planned unit development prior to Final Subdivision Plat approval ; 19 . That the fifty-foot ( 50 ft. ) buffer strip along U. S. Highway No. 10 be referenced on the subdivision plat and in the covenants as a "50-foot landscape buffer strip easement" prior to Final Subdivision Plat approval ; 20 . That the subdivision covenants be revised accordingly as identified in the Bozeman City-County Planning Board Staff Report, and that they be reviewed and approved by the Planning Director prior to Final Subdivision Plat approval ; TLE�-411� �0�1 . That the applicants provide a ten-foot ( 10 ft. ) wide public '�R1J�-1� �bR�Eb1 pedestrian . access easement to the East—Gal 1-ati n--River , 20 centrally located within the residential phases of the subdivision , and that it be reviewed and formally approved by the Montana Department of Fish, Wildlife & Parks prior to i Final Site Plan approval ; 22 . That the applicants obtain written approval of a habitat preservation setback along the East Gallatin River from the Montana Department of Fish , Wildlife & Parks , and that it be depicted on the subdivision plat prior to Final Subdivisi.;on Plat approval ; and 23 . That the Gallatin County Commission and Bozeman City Commission be made a party to any revisions or corrections to the covenants and by-laws of the property owner' s association . ZONING APPLICATION NO. Z-9189 A CONDITIONAL USE PERMIT APPLICATION FOR A PLANNED UNIT DEVELOPMENT ON PROPERTY ZONED .,R-2" , "R-3" , "R-O" AND "B-1 " Proposal The applicants , Beatrice and Susan Taylor, propose the development of a commercial/residential planned unit development on 117 . 867 acres of farm land , which attempts to respond to the valley ' s rural landscape and the rural farmland character established in the area. As an element of the U . S. Highway No. 10 entry way into the City of Bozeman and because the area is an integral part of the valleys' viewshed , the applicants have established architectural and landscape guidelines , along with subdivision covenants and by-laws -to control the development of the property . Surrounding Land Uses The surrounding land uses and zoning designations in the immediate area are as followings: 'I North - Riverside Country Club zoned "RS-1 " , "R-3" and "R-1 " . South - U . S. Highway No. 10 , Montana Rail Link , and Interstate No. 90 . East - Riverside Country Club zoned "A-S" , agricultural land zoned "A-S" , and limited single-family residential developed zoned "A-S" . West Bozeman Wastewater Treatment Plant zoned "PLI " and 21 single-family residential development zoned "RS-1 " . Design Guidelines and Sketchbook The design guidelines and architectural sketchbook developed by the applicants are intended to establish the general framework which set the desirable character and. high quality design standards for the site. The applicants have committed the Walker Property planned unit development to being a showpiece for conscientious development, to provide an aesthetically pleasing entrance to Bozeman while providing a comprehensive mixture of retail stores and services advantageous to the neighborhood and outlying rural area. Four key elements are proposed to be incorporated into the design principles. First, the development will. compliment the rural landscape and offer open views to the Bridger Mountain Range . Color selection of buildings will follow the earth tone palette that already exists on the site. Second, the property has a dominant farmland character with the two existing clusters of farm buildings . The existing farm clusters will serve as a model to provide a variety of building types and scales following similar basic components. Shed roofs , gable ends, wood material , layout variation , limited floor areas, and height characteristics are some of the clues to a local set of common building design criteria. Third , the clustering of buildings in small informal groupings should be a key ingredient in the overall site planning . j Clustering will also provide efficiency in servicing the land and maximize the conservation of sensitive open space areas. Fourth , the conservation of a major portion of the existing farmland and floodplain area bordering the East Gallatin River will be critical to the overall balance of development and open space . Architectural Character I Floor Area: The guidelines recommend that the maximum ground floor area for retail , buildings will be 20 , 000 square feet. The "B-1 " , Neighborhood Business District, limits the gross floor area of each structure to 5 , 000 square feet. This should be revised accordingly in the guidelines and covenants. Landscape Buffers The applicants proposed to 'landscape two buffer areas within the planned unit development. The first is a 50-foot buffer strip along U . S. Highway No. 10 established under the 1990 Bozeman Area Master Plan Update. The second is the elevated embankment of the proposed North 19th Crossroad. Both are intended as landscape greenbelts to enhance the entryway into the City of Bozeman. Ownership and maintenance of both greenbelt buffer strips should be clarified in the property owner's association covenants and by-laws. The Planning Staff 22 would recommend that the property owner's association be responsible for installation of the landscape improvements and that each individual property owner maintain that portion of the landscape buffer strip within their property . Improvements would not be installed until such time that each lot applies for a building permit and site plan review. The Staff further recommends that a landscape site plan and implementation plan for the. two greenbelt buffer strips be reviewed and approved by the Planning Staff prior to . conditional use permit approval of the planned unit . development. The 50-foot easement along U . S. Highway No. 10 should be referred to as a 50-foot landscape buffer strip. Pedestrian Circulation Because of the range of retail uses proposed within the planned unit development pedestrian circulation becomes an important element of the subdivision design . Treatment- of pedestrian circulation between parking lots , between parking lots and buildings , and between buildings should be considered by the applicants. Incorporating points of interest along the pedestrian circulation system which compliments the signs , fencing and lighting elements would reinforce the architectural theme that the applicants wish to implement throughout the development. Revisions to Guidelines Architectural guidelines have been submitted by the applicants to assure an amenity-orientated planned unit development which would also be allowed flexibility and relaxation of the Bozeman Area Zone Code . Revisions to the guidelines may alter the amenities gained by the planned unit development, as well as the support of the governing bodies . As a result, the Bozeman City Commission should be made a party to any revisions of the architectural character and landscape guidelines. Staff Findings The subject property is located outside the City limits and beyond the one mile jurisdiction of the Bozeman Interim Zone Code . As a result, the application will be reviewed against the 1988 Bozeman Area Zone Code. Section 18. 52 . 010 sets forth six criteria by which applications for a conditional use permit must be evaluated against. The Planning Staff provides a summary review of the six criteria below. 1 . The proposed use(s) meets all submittal requirements as contained in Section 18 . 52 . 120 . 23 The -application satisfies the submittal requirements as set -` forth in Section 18.52. 120. # � 2. The proposed use(s).. will not, particularly because of conditions imposed, be detrimental to the public health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in- the vicinity. j Issues related to domestic water, sewage treatment, fire protection, emergency service, traffic impacts, vehicular circulation, road design, and subdivision design have been �. previously review and addressed through conditions of approval of the preliminary subdivision plat application. i - --3: - -The proposed use(s) .will comply with the regulations and = standards specified in the Bozeman C i ty . Zoning Code, codified in this title, for such use. The intent of -the developer's application for a conditional use permit is to obtain approval of a blanket list of permitted land uses. Some of those uses are currently listed as permitted/principal uses or conditional uses in either the , 1988 Bozeman Zone Code or 1990 Interim' Zone Code, •others are not listed at all . Approval of this C.U.P. application would ` allow the applicants to eliminate a conditional. use permit application upon development of each commercial lot. Thus, streamlining the review - process -for each land use. This however, would not eliminate any site plan review by the -City w ' of -Bozeman for each individual use -prior to issuance of a building permit. a r The applicants have submitted a list of -permitted land uses for each of four zoning designations previously approved by the City Commission for the subject property. Those, specific land uses are listed in the applicants' narrative under Protective Covenants -& By-laws - Section B. - "R-2" , Residential , Single-Family Medium Density District Uses in the "R-2" District are generally limited to newly ` constructed one-family dwellings and a limited list of conditional uses. Lots $5, #6, #7 ; #8, and #9 of Block ` 1 are designated for single-family dwellings. Lot #10 -of -Block 1 -is restricted for private -open space and agricultural use only. "R-3" , Residential . •Medium Density District Residential uses in the "R-3" District allow for single- family homes, churches, efficiency apartments, home occupations, multi-family dwellings, -- and rooming and boarding houses, as well as a 1 ist of uses allowed by 24 - �.�1 +. .....a..:w= :—._3s.�......r-;.io- :a.+::w+•.s._.--...+cvi+,..:.. t.......: — :.i..+..;s_�a --rtv.-....;ym..,ri-..a: .+s _•Y a_ °i'-•-i.;s.:... r _ receiving a conditional use permit. Lots #2 , #3, and #4 of Block 1 are designated for "R-3" development. The applicants propose on two of the residential lots, Lot ��j�Zj pZp #2 & #4, to develop possibly up to`eight (8) dwelling ` units on each lot. Such a density would not be permitted, unless the lots are subdivided. The zone code allows a maximum of up to four (4) dwelling units per residential lot. "R-0 Residential Office�District Block 2 and Block exclusive of common open space are' designated for residential office development. The*- applicants propose a _variety _of land uses .which attempt . . to cross-reference both the 1988 Zone Code and the 1990 Interim Zone Code. Uses proposed -on the "R-O" designated -- - property i ncl ude .some .uses .that .are typically . found -in - - the "B-1 " and ".8-2" Districts. The intent of the "R-O" District is to provide for and � ncourage the development of professional offices,usiness headquarters., and compatible multifamily and apartment development that would blend well with adjacent land uses. The Planning Staff would recommend that - I -restaurants and restaurants serving alcoholic beverages be eliminated from the applicants' permitted list of land uses. . - "B-1 " . Neighborhood Business District _ II Block 3 and Block 4 are currently zoned for neighborhood commercial business. The land. uses proposed * by' the applicants include uses typically found in the "B-2" and "B-3" Districts . The intent of the ".B-1 ". District is to provide for small retail and service activities frequently required by... neighborhood residents on a day- '. to-day basis, while still1 maintaining a residential x ' character. Although a number of the land uses . proposed as personal and convenience services are questionable by the Planning Staff only three, in addition to bars_ (tavern, cocktail lounge) , should be removed from the" � list. Those uses that should be eliminated include banks' and other financial institutions, (unless it As an .. automatic teller machine - A.T.M. ) , game room/pool hall . and liquor store. 4. The granting of the conditional 'use permit will be -in general compliance with the Bozeman - area master plan and the requirements as set forth in this chapter. The Land Use Classification map of the 1990 Bozeman Area s 25 r Master Plan Update designates the property to develop as Public Open Space, Suburban Residential and Commercial . As noted earlier in the Staff Report, based upon the recent approval by the City Commission of the four zone map amendments and utilization of the P.U.D. procedures, the granting of the conditional use permit would comply with the intent of the Bozeman Area Master -Plan. 5. The proposed use(s) conform to the standards of this chapter including but not . limited to density, lot coverage , yards and height limitations as set forth in this chapter, unless otherwise provided for in this code. _The applicants' . covenants and architectural/landscape V� guidelines developed .for the proposed commercial/residential planned unit development generally comply -with density, lot __-_._.__________._____cov-erage, _yards-and _hei-ght_la mit,ati ons, _..wi th--a-one except on. The architectural guidelines establish_ a maximum floor area for retail buildings of 20,00.0 square feet (page 8 of 'Architectural Character and Landscape Guidelines) . Both the 1988 Bozeman Area Zone Code and . 1990 Interim Zone Code establish a maximum gross floor area for commercial activities of not larger than five thousand square feet (5,000 Sq. ft. ) . _ This maximum is exclusive of whether one or more activities are enclosed within a single structure. The maximum allowed gross. floor area per structure is 5,000 square feet.. For purposes of clarification, the residential lots, Lot #2 and #4 of Block 1 , zoned for "R-3". development, may develop ' at a density of not. more than four (4) dwelling units per lot; unless, the lots are subdivided. Based upon the proposed I subdivision design, L.ot #2 and #4 of Block 1 may not develop up to a density of eight (8) dwelling units. This should be clarified in the planned unit development's protective covenants and by-laws. 6. The proposed use(s) have been duly noticed, a public hearing held in accordance with Section 18. 52 .020 and the public has been given sufficient opportunity to be heard upon the matter. The public hearing and notice requirements are being complied with throughout the review process. The Planning Office has' not received any record of public opposition as of the writing of this Staff Report. Conclusion The Bozeman City-County Planning 'Staff has -reviewed the application for a conditional use permit to develop a mixed commercial/residential planned unit development against the 1990 Bozeman Area Master Plan Update and the 1988 Bozeman Area Zone 26 . Code. As a result, the Planning Staff recommends to the Bozeman City-County Planning Board conditional approval of the application with the following attached conditions : 1 . That the maximum gross floor area for each commercial structure on Lots #1 of Block #3 , and Lots #1 ,#2 , #3 , and #4 of Block #4 be limited to five thousand ( 5 , 000 ) square feet, and that it be noted as such in th-e—property owner' s association documents; 2 . That the property owner ' s association be responsible for i nsta l l at i on of—the f i fty(-50)fQ.9t—1 andscape��uf4,,err t along U . S. Highway No. 10 , that improvements b9' prior to application of a building permit for each lot, and that the property owner of each commercial lot be responsible for maintenance of that portion of the landscape buffer strip upon their property; W-r7.O. 44 3 . That the property owner' s association be responsible for installation an maintenance of the andscape buffer strip along the north embankment of the North 19th Crossroad ; 4 . That the applicants submit a landscape/irrigation site plan for the fifty-foot ( 50 ft . ) landscape buffer strip -aP4-fie Ner-th 19th �� ^�� �m� �',m��� for review and approval by the Bozeman City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of i the first commercial lot; 5 . That the applicants submit a pedestrian circulation plan for the planned unit development for review and approval by the Bozeman City-County Planning Office prior to Final Site Plan approval and issuance of a building permit for development of the first commercial lot; 6 . That the Bozeman City Commission be made a party to any revisions or modifications to the architectural and landscape guidelines for the planned unit development; 7 . That Lots #2 & #4 of Block #1 be limited to a maximum density of four (4) dwelling units per residential lot; 8 . That the ar' icant' s list of permitted uses allowed on Block #2 and 3 exclude; restaurants and restaurants serving alcoholic,%everages, and that the list be revised accordingly in the covenants ; 9 . That the applicant' s list of permitted uses allowed on Block #3 and #4 exclude; banks and other financial institutions (unless it is an automatic teller machine A . T . M. ) , bar (tavern , cocktail lounge) , game room/pool _hall and liquor store, and that candy and ice cream store be changed to frozen 27 . . 1 2 dessert store , and that the list be revised accordingly in the covenants; 10 . That the applicants include in the covenants of the property owner' s association documents reference to the site plan review process for each individual commercial lot by the City of Bozeman, and that each commercial lot will be reviewed against the Bozeman Area Zone Code that is in effect for the area upon application for site plan review; and 11 . Three copies of the Final Site Plan for the proposed planned unit development containing all the conditions, corrections , and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval and prior to issuance of any building permit or business license for the project, or commencement of any use. One signed copy shall be retained by the Planning Director , one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicants. 28 _ f 1111 w i BOZEMAN HISTORICAL PRESERVATION ADVISORY COMMISSION MEMO i c/o Planning Dept. P.O. Box 640 TO: Dave Skelton, Bozeman City Planner Bozeman, MT 59715 (406) .586-3321 FROM: Catherine Goetz, Historic Preservation Officer DATE: August 5, 1991 RE: Walker Property Subdivision Attached is a letter to me from Marcella Sherfy, State Historic Preservation Officer regarding the Walker Property subdivision. Marcella has also included the full inventory on the Walker pro- perty provided by the State Department of Highways. As Marcella noted, if the proposed subdivision requires no federal authority and does not entail the expenditure of federal monies, her review is advisory only. Obviously, the same is true of my remarks. After examining the Walker proposal and looking at the property involved, I too 'must advise against disturbing the homestead buildings. The Taylors have expressed their sensitivity to preserving a portion of this historic site; ,however, a rethink- ing of road placement may be in order to further insure that the historic resource is not lost. It may be possible from an engineering standpoint to split the road around the entire grouping of buildings on the homestead, creating a protected island at the access to the property. I believe sparing the homestead site buildings in toto would enhance the subdivision and lend this project a dimension of historical/contextual continuity that is too often missing in Montana development. I BEFORE THE BOARD OF COUNTY COMMISSIONERS GALLATIN COUNTY STATE OF MONTANA IN THE MATTER OF THE APPLICATION OF BEATRICE FINDINGS OF FACT AND SUSAN TAYLOR FOR PRELIMINARY SUBDIVISION AND ORDER PLAT APPROVAL OF WALKER PROPERTY SUBDIVISION, A PLANNED UNIT DEVELOPMENT, LOCATED IN THE NORTHEAST ONE-QUARTER AND SOUTHEAST ONE-QUARTER OF SECTION 26 , AND THE SOUTHWEST ONE-QUARTER OF SECTION 25 , TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M. , GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-614 , Montana Codes Annotated, and FURTHER PURSUANT to the Bozeman Area Subdivision Regulations , a public hearing was held, after notice given, before the Bozeman City-County Planning Board on August 6 , 1991 , and before the Gallatin County Commission in the Community Room of the Gallatin County Courthouse , Bozeman, Montana, on August 20 , 1991 , on the above-entitled application. The purpose of the public hearings was to review the proposed Preliminary Subdivision Plat of Walker Property Subdivision, a Planned Unit Development, as submitted by the applicants , together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to listen to public testimony concerning the application and to consider written comments . It appeared to the Board of County Commissioners that all parties wishing to appear and comment at the public hearings were afforded the opportunity to be heard. THEREFORE, with completion of the review and the receipt of all public input and written comment , the application is deemed to be submitted and the Board of County Commissioners being fully advised of all matters having coming before it, makes the following Findings of Fact , as required: 1 FINDINGS OF FACT I . The application for preliminary plat approval was made on July 9 , 1991 , and a hearing was scheduled before the Bozeman City-County Planning Board on August 6 , 1991 . Notice was published in the Bozeman Daily Chronicle , a newspaper of general circulation on July 22 , 1991 , and the High Country Independent Press , a newspaper of general circulation on August 1 , 1991 . The matter was heard before the Bozeman City-County Planning Board on August 6 , 1991 . The application was then referred by the Planning Board, with a recommendation of conditional approval , to the Gallatin County Commission for their final decision. The matter was scheduled to be heard before the County Commission on August 20 , 1991 , at 1 : 30 p.m. in the Community Room of the Gallatin County Courthouse . Notice was published in the Bozeman Daily Chronicle , a newspaper of general circulation on July 22 , 1991 , and the High Country Independent Press , a newspaper of general circulation on August 1 , 1991 . For the August 6 , 1991 public hearing before the Bozeman City-County Planning Board and the August 20 , 1991 public hearing before the Gallatin County Commission, certified letters were mailed' to all adjoining property owners . II . The proposed subdivision is located on a portion of Tract 1 of Certificate of Survey No . 1498 , Tract #2 and Tract #3 and portions of Tract #1 and Tract #4 of Certificate of Survey No. 1498B, located in the Northeast One-Quarter and Southeast One-Quarter of Section 26 , and Southwest One-Quarter of Section 25 , Township 1 South, Range 5 East , P.M.M. , Gallatin County, Montana. The subdivision consists of 117 . 867 acres with ten ( 10 ) residential lots on 22 . 18 acres , six ( 6 ) residential-office lots on 18 . 18 acres , and five ( 5 ) commercial lots on 9 . 06 acres . The residential , residential-office and commercial lots will be served by individual wells and/or private central wells . The residential 2 1 1 and residential-office lots will be served by a private sanitary sewage system that will tie into the City of Bozeman sanitary sewage system. The commercial lots will tap directly into the City of Bozeman sanitary sewage system. III . I The access road system to the subdivision will occur from Springhill Road, U. S . Highway No. 10 , and the future North 19th Avenue Crossroad. Six ( 6 ) interior subdivision roads will provide access to the lots . Reeves Road East, Campbell Road, Kean Drive and Gibson Drive will provide access to the ten ( 10 ) residential lots and six ( 6 ) residential-office lots . Enterprise Road and Reeves Road East will provide access to the five ( 5 ) commercial lots . IV. Public testimony was taken at the Bozeman City-County Planning Board on August 6 , 1991 and the Gallatin County Commission on August 20 , 1991 . At the Bozeman City-County Planning Board on August 6 , 1991 , no one from the public was present to testify in support of the proposed subdivision. No one was present to testify, nor was any written testimony received,, in opposition to the proposed subdivision. At the Bozeman City-County Planning Board on August 6 , 1991 , the Board discussed the one-foot "no access" strip along Springhill Road and ten-foot wide bike path easement , a parking lot and fishing access at the northwest corner of the property, and exclusion of a ten-foot wide public fishing access easement. At the Gallatin County Commission hearing on August 20 , 1991 , no one from the public was present to testify in support of the proposed subdivision. No one was present to testify, nor was any written testimony received, in opposition to the proposed subdivision. At the Gallatin County Commission hearing on August 20 , 1991 , the Commission discussed the environmental assessment, community 3 impact statement , road system, pedestrian access to the East Gallatin River, a parking lot and fishing access at the northwest corner of the subject property, and modifications of the conditions recommended by the Bozeman City-County Planning Board. V. To determine whether the preliminary subdivision plan for Walker Property Subdivision, a Planned Unit Development , would be in the public interest, the Bozeman City-County Planning Board weighed the following eight public interest criteria, and caused their review to be forwarded to the Board of County Commissioners : NEED: The basis of need for the proposed subdivision was° expressed by the applicant' s desire to develop the subject property in compliance with the 1990 Bozeman Area Master Plan Update. AGRICULTURE: The subdivision will eliminate 117 . 867 acres of high yielding productive agricultural land. PUBLIC OPINION: No public opinion in favor or opposition to the subdivision was received. LOCAL SERVICES: No adverse impacts on local services have been identified with the proposed subdivision. TAXATION: The proposed subdivision will provide an additional 117 . 867 acres of developed commercial and residential property in the Gallatin * County. No adverse impacts on the area' s taxation have been identified. NATURAL ENVIRONMENT: The proposed subdivision has adequately addressed methods to mitigate impacts on the natural environment . WILDLIFE AND WILDLIFE HABITAT: The Montana Department of Fish, Wildlife and Parks noted that the proposed subdivision has adequately addressed the issue of impacts to the wildlife and wildlife habitat in the area. PUBLIC HEALTH AND SAFETY: Adequate fire protection, police, open space , emergency service and other public requirements will be available to the proposed subdivision. VI . After weighing all the public interest criteria and the recommendation from the Bozeman City-County Planning Board, and after considering all other requirements of the Bozeman Area Subdivision Regulations , the County Commission finds that the preliminary subdivision plat for Walker Property Subdivision, a Planned Unit Development , to be in the public interest. 4 t a� L State Historic Preservation Office Montana Historical Society Mailing Address: 225 North Roberts • Helena, MT 59620-9990 Office Address: 102 Broadway • Helena, MT • (406) 444-7715 August 1, 1991 Catherine Goetz Bozeman Historic Preservation Office c/o Planning Department P.O. Box 640 Bozeman, MT 59715 I Re: Walker Property Project Dear Catherine: I'm glad to offer the following thoughts on the project identified above for your consideration and that of others in the community. I would note that, assuming that the project obviously is not on state land and does not require federal funding, permits, licenses, or authority, my comments are advisory, only--not offered in the framework of any federal or state cultural resource regulations. First, I would note that the only cultural resource survey apparently done within this project's vicinity occurred in 1985, and was done for the Montana Department of Highways' Springhill Road project, RS 411-1(1)0. I am enclosing xeroxes of several portions of the cultural resource report completed for that project, including the portion which describes survey methodology. From it, I would assume that very little of the Walker Planned Unit Development has been inventoried for prehistoric or historic sites. Second, I am also enclosing the full description of the Walker/Jackson property that appeared in the cultural resource report noted above. It contains a much-more substantial description of the Joseph Jackson homestead, including xeroxes of photographs than appears in the Walker Property report that you sent. In regard to the effect of the proposed project on the Jackson homestead, I'll offer a range of thoughts. First, it seems important to note that the whole project will substantially alter the rural setting of the Jackson homestead. To a degree, road placement is only one part of the larger question of whether the homestead will still retain integrity of setting when many elements of the project are constructed. Second, I do recommend that the entire collection of buildings not be interrupted with a road and that vegetation be used to bound the collection of early buildings so that it can retain as much cohesion and rural setting as is possible. We have gathered a fair amount of information about Gallatin County homesteads and farmsteads. And it is Catherine Goetz August 1, 1991 Page 2 pretty rare to find a grouping of early buildings that (a) themselves are still standing and (b) have not been intermingled with new metal buildings, new residences, trailers, etc. Hence, this collection of buildings seems to be an important working farm grouping. Since the developers appear to view the homestead as an interesting "centerpiece" offering character to this development, road relocation may well be a negotiable planning element. Third, rehabilitation of this property for income- producing purposes could be accomplished using federal tax credits for historic preservation. That might offer developers an important incentive. Please feel free to call if you have questions. Again, my comments are offered informally and based on a fairly quick review of the available material. Sincerely, Marcella Sherfy State Historic Preservation Officer File: CLG, Bozeman Enc. K _High Country DD p -- Independent Press art] '� ` `TATEMENT • ACCOUNT NO. DATE P.O. Box 1019 • Belgrade, MT 59714 . 7-1-199� Phone: 406 - 388-6762 MONTH ENDING Bozeman City-Planning Wept. PLEASE PAY THE AMOUNT DUE BY 35 N. Bozeman Ave THE LOTH.A FINANCE CHARGE OF 1!6% PER MONTH (18% PER AN- Bozeman, Mt• 59715 NUM) IS CHARGED ON ALL PAST .F DUE AMOUNTS. AMOUNT ENCLOSED $ RETURN THIS PORTION WITH PAYMENT DATE DESCRIPTION CHARGES CREDITS BALANCE i 8-1-i991 Display Ad. 3x8 @ 4. 95 per col. inch 118. 80 ' t PLEASE PAY THIS , AMOUNT 00'$118. 80 ivt 6 High Country Independent Press August 1, 1991 adds t High Country Independent Press 3 c LibraryJaycees' ABgu6 ,, ,99, ' OTICE p@ @ 111 tl1 a :: Oiffe l xREGIS _-._. -Public ----- modem a Opt a News : .. to computer lab r t it �LQB�of 12EOLBT1tATI0 c - Notice is hereby given that re stratlon for the Munict al sandboxes Y BI 7 4 p�• ,.� r in- The Bei®•eae Public Library y Nonpartisan Primary Elecuon to be held on September 10. Belgrade teach. featured';,., teachers chosen to appear on the awards totaling$3,500.The.Na. ..each FFA' r eg'on, the �hae,added a modem to its taro- 7 rf //� end 1991,will close August 12,1991. .. programs program,which was sponsored tional FFA Organization will r.c 'Agriscienee Teacher f.the.:Y r -; fer,lab and it is available far .i - nearing of•1.1 . on bout ed on:. AM•, 1 , . . neat, pone r -pu I j All qua110ed registered electors of the City of 13oxeman are I r`; ,, �.. r.• r; Itivendell Psychiatric Center in ognize tour finalists,one Iron Award program.The four mdi- use by.the public,according to ,.n tarp entitled to vote at said eleetfort, !` +r•"=�".i. Terri Goyina,a Heck Elemen• Butte. `duals will travel to:the 64th :Librarian Connie Thompson, 5 j / The Belgrade�e°Jaycee° Persons who wish to register and who are not presently ! terry school teacher in Belgrade,. - .National FFAConventlon In Kan. ,.Themodeme"be used to ao- y-�+! n v`''? have been filling Bel by appearingmthe Clerk&ReBordeYe was oneoff rfeatured Goldstar Roger Hendrickson named sea.City,Mo.,Nov:14-16 to corn• ....CATLINK,which 's the 1 _C 8 grade send. registered may do so I , •1 bones err Providing tire.filled Office,before aD u Re straq or Teachers on"Gold Star Teach...: °fate FFATeaoher of Year p-to for the,title of 1991 online catalog[Iles at Ronne Li- 11t�qq� P g eP t1' Hi byrequestitsgaform[or Leeson Plan for the Future,' Atmiscience Teacher .of the Year. -„bri ry at Montana State Unrv,•r- 's \';0 with sand for local children.. registration by mail , whichwaeahown Sun.,June30.ii Roger Hendrickson,an agri-sci- : Belgrade High School Principal ty .t.; j �,'s7L4p, '��",� 1,1 '"°c But time i°running out to make - If a change of precinct has been made by moving It is KTVM in Butte/Sozeman,as well a teacher at Belgrade High put Krammich said has Phi.will help patrons h �{ 9 that, tminute ordertora'tire' necessary to have your registration transferred to your once 88 r4 ,„r y iS-s �.•, .ftbn for the rest ofthe aummer. Present address.ea other Eagle Commicetion 3ta School,has been named the state _.. > dwerae agriacience program.The -went to see if Ronne Library h I ... "`` students in work on - information on:what the ","ir„ r+• t° All it takes fa a phone call and a APB electionwillnotbe held in Bel ade,Three Forks, tions in the state, , winner in the National FFA ,« program m y are tg 6..• Eagle Communications a poll-'> Or 3, t'1',�=. „ �r nommnl:fee to provid your chi,-." dry � g p genr of the 'r Awarien- projects ranging from,feed deft• looking for ore articular book f. t^*Y j ,,,�:. dren.hours of fun in the sun. Manhattan or West Yellowstone. - g P d, corethe Gold;tarAward ro sin"Teacher of the Year Award cieneiea to culturing fin _ P er Pro- g frog calls to WithoutfrstgoingintoBozeman. g� A refill of sand will coat$10;a Engagement announced that recognizes innovanveteach. gram. Mr.Hendrick w calculating the total ingestible Thecewllalsobevariouebulletin J"? . °s 1, ;%, "a la fire with and ie$20,end a DATED this 8th day Of August.1991. [ mg techniques and those teachers. awardedhiaetakewinnepsplaqua l fi„ nutria t invariaus cattlefeeds.' board.acoanible that have 800 ' ergs "who are dedicated and committed for excellence in Teaching science j,Ty s, ` numberq"Mre.Thompson said. [ .,nail tire with send will be$16. - ' a -To order and,or a tiro with Shelley M.Cheney lot 11! Arth l 1 ,i nc.f&p 1•`. -to lmpronngom•educational sys-. principle.and ,.z., Msoki Abercrombie receive. :The public will not,however,be sehryernneeti•iiaent Press son .:t r I I C 1, v i 1 r;, .on of Mr:and' tam. -- giee as they relate to agriculture. . ' , wholarehlp firm AJQIIA. d Pleeea contact) Pa h Election Admlals[rator 1. fit' 1 1-'t i Besides Mrs,Gayine,27 other Ae the elate. ^• - Permitted to make long dietence - - at 888-1b01 or Yvonne 9 hloee at - Gallatin CDun winner,Mr. . - phone calla to accem other intbr- Pictured from left to right,Mlahael WHlard,Beather Wlwaiiv tY Ae 11,,gd.,a fAug.it h, l-, t. teachers acrosethest.ter.ceived Hendrickson is now eligible to Micki Abercrombie of Belgrade .mation;she added.,: and HeatharReynolds erethewinnersoftheSammerReading- 98s-6695.. Publish 7/26,8/1&e/8 thehonor.8utehewason.ot£our compete for regional and natwnal ._Roger Hendrickson tsoneof2l American JuniorQuar. Them.willbehouyrrsfortheuse P-9-let the Belgrade Public Library. Photocopies o£.th modem sinle the library - •�- - ter Horne Meociation:members ,. �. g new echolarehipe from Will .t add another telephone Belgrade readers win T- i7/ Photocopies �51 �NOTICE QHA,3cholarship:Fund. fine.The modem hours,will be .Y .S ris h Additionally,'79-atudenta•.will &am.6 to 6 P Toes.,.Wed., _ c Photocopies "' »i ,t�l's`j;_4, gY GIVEN that the Board of County have.their echolarahipa renewed Thurs.andell onSat.&omll Photocopies d! �i!d!. „ton AuqusiB,199,,at9;00a.in:in the } {+ says _6 for the upcoming year. &rn,too in Winners ofthe drawing for T-shirt°in the sum reading program s Yd Roor,'of Ih¢Gallatin(;Dori[ Court- . The Doctor Sa y S• • P' 10 cents each x- i. y - '•xflr^ -Miss Abo-cart ie e��1991 '.,rbemodem donatedb the 'at the Belgrade Library were announced recently.The winners were ptix file final budget make appnt a Y Michael.Willard,Group 1(grades kindergarten through second); "-' '-'`�"� y gchool.She he wa.-tinsines Hein High Belgrade School'Districtl, s.Thooell �p eroist-fl P111nt f Ille budget.Teppaar / �/� 1 Heather Raynolde,Group 2(grades three and four);and Heather Y I �� T,`^' 'Ili'/ `,:" t school.Shawae active in music, ass eeeomputerlab,Mm.ThomP•. Williams,Group 3(grade.five and six).Children enrolled I.the i i ,4YAr against arty parr of the budget.TheJmal` INT ENTORY iV ` �I yc student govern cast,volleyball, eon aid. program entered their time in the drawing Cor the T•°kirt°ea I t , 1 doPiFdA 9ustl 7997,FlI300Pfy rt o xj, National HonorSoceit dforen• "We are gratefutfor their ran-> "g �tlf°B t ,•,�; I• p001,3rd floor,of the Gullafln Count ,Gbllif a "u' .ias as well we being involved in 4 tinned.support of our computer they read l0 books. ,. y' A'�■■y' £ �H and the EpiecopelYouthGroup. lab,"she said.• 'The 55 children Group Trend 970 book.during the five ek. -::.' .M3in.Bo[uman MT-I'hr,budget is'opurlto'. -. '7'1�T,T Too Fit ii ! •.:. A member of the Montana Jun - Le.t Year the S+Fool Board do-, inillboa.In group 2,34 bhildren read 180 books and in group 9,38 .�■■■■■■a■■■■■■■ f „an tt e olliCe of lhR Cour ty Grrk err d HP,Cdrticr. .-far Quarter Horne Association, n°!ed coal m and a printer w children read 93 book.,The first five children to read l0 books also. ■ Local News ■ • Q t .t she has held several o}Bcca end 6e made-I still the patron. r•oeived a summer,reading program button.They were Heather a. ■ •(ley ' : I -* '•earned numerous award°.She is of the library. R ecky ark,Heather W111iamaandNiekWhfle. • Ul)COmiTlg EVeilts itler We still have too many rolls. R . thedaughterofJerryandMarlime Reynolds McCrea,P.J.M I : 3Wontan .�Of.Ca1'�0ttthatlS.� Abercrombie.She Plans toettend f •;.AgneulturalNews • }:-^•vt "• and stud _ ■ ■ ,ty .rT"°i'°a'^r :-e - - ..,gar"""-'",�e'rr'"-r-'•�' -. -..� '� college. y Internet, i ti• 't9�ram.,,.,- �.- - srs v muntcatioris. 1 ) M:i ';q:,v`{ ' 1 Y- - '+"xe.,.l' •',.°s,^..`••.,'-,'� r { AJQHA scholarships ore _- - _ • Legal NOt1CCso s awaraea.to students who grade. -' - �S . Area S orts at in Eheupper20 peroentoftheir - -^ ■ P + • ;Upcoming Even t• :rr j C Auto •Bruck•Traetor 1 �; ,i, nr,: d � -ilea.or werer'kedin the top 20 ■ tye We cover Gas or Diesel pemnt of national college an. ■ Historical Socie ffera �Both evening'P°rC . th my site In Montane to halt p evening with Mark Twain featuring Don Edwards,"The the Christopher Columbus Redis- It loY• out Bridger View Vet Hospital , Texas Troubadour"start at 7:30' cover America Ballooning Quest J I 1 q 4 adds nw vet to afar! The Gallatin County Hiatorial pan.at the Fergus Center for the. The Bsz•m.n Area Chamber of ■ /`� ®/�•1� "q `Society will present•An Even g:..PerformingArts.Spa Iperf Coe anouti ceptedtheinvrt non Start your t�Ig , _ Dr.Richard Maier,DVM,has .with Mark Twain"et the pioneer -a include Montana favorites, and will sponsor this historical :Subscription today.: JJ..s=tliiLLlJII DU POtVT l ned the staff of Bridget View Mueuem, 317 W. Main in Raphael Christie,Wally McRae event. ■ Veterinary Hospital of Belgrade. MIS alcolm aE317 Thu Main In "Gwen Petersen„ and Paul'. It will be held at Gallatin Field' • ,■ .With D Meter will accept both small Dennis Seibel portray°:Mr Znrzyslu Advance hckete ere$6 in Belgrade and Montana State �ri•COunty $'20.00 , SfAINMASTER ndlarge animal appointments. TwAnathheagad70w&rithe B8ri' Univeraityaept.l0-12,1992.Gne. ;�azt-ofeoazRt,-$2�.6G. Old-Fashioned Service He is a graduate of Washington author had Y. Additional ventoin 1 d ab°r hundred hot air bell-and their r• $ ■ humorous .Out-o-state- 26.00 - " State University in Pullman, enecodtee haled on hie ea ' 'becue,arts and units jam'.•'r■w.will commemorate th di. ' - and NeW Machinery CARPET STEVENS Wash. enceein life.Seibel hoe pr rayed -seeeions,end aratlle for.ape-, covery of America by Christopher: •Name - ■ He hie wife,Barb,have two Twain for over 1.v Bare cially made acidic,hat,anddle�olumbue in 1492. © r „ ( -,-.. �it111SfdI1 sons will live in B 1 de.+ iiiMMMMMM bag s and eha a.: ,The quest will.ulminate in St ■ ,�v (r _ _ p gi'° titian ho t Montano a W o; : For more Pnf ati n, l a.e ■ ■ 8 it Y •orm ,P 4.,. At�Bvettne Fla l°p'.�7"JY4rbua Day.. 1].[ld a:l.\eWr�InPi t., t 0}.,1' �."••'•.,'•.-"'«,• -:. Cql°B:nu.A;ire i+:wi t�i Gir vs+i.,• „ �Addrea .. --------- .-_ _;, _ ;. ., -..>.• �..,._ _....,_ ..Ptileads eta ta�vwdl .1 Regulariiimiaeio '. 3 cd?rt9lt'Ch T.etB?e'tot8ri C11dVritr2s�SI weblf§ ,+y�ta7Xintery.,. • .. ... to Clars,Gperke ...,, n19.af 1 - ..i .. .;sari ors, 'otCdindf at'¢b6:6986496'... kad'j,he1Pt '■.- ■ a ..$3:and children under l2:.are$2: • t this evant�p��acka ■ pproki: ..Pee packages ■ . �� ,,....� Ines .. _ ty...; Bozeman ohoeen ere only site (:Ed information are available ■CityLL •� l uc lair ;;" A/�a i All Pmceeas benefit the(a�°]ie to eelebeate Baue.nfzi east(.;bmeettne Polly Btebbin°at the - oundran t metu y�./0 P p - 3 X �o (Formerly Jim's Dlesel En Ire Servlee♦ hard to lose! '' `��j�-••�� July 21 at Lewis s&Clark Park to Cowbo Aug.ga .Hoaeman has been selects zeman Area Chamber of Com. :State_Zip ■ y 1 ` O C �.h,ns yp"et°w'w the'' era. merae.t5865421, -■pien,a include check • 'An one Navin a balance due to J:m's Diesel y Were trying S}qq�■�� ()t•#� T ire syr bid fare Il to Belgrade resident in Lewistown 15.17 "•0 Y B harder! A�yPlti... l�,li4�•°+ �r6yartspfiritstsin' Clam Ga rke.She has moved to j. ■°"�''•P°v°hfr'°Ri9h�nnnv so PLEASE make checks payable to:Big Sky Engines ```r■g447) anntced Napa,Calif.to live with bar The Lewistown Area Chamber Talk about• �f"deper`as'a'ul'yo"r 100x Dust Asa p,j are ricatcd and . g1996 daughter,Beverly Hartley. of Commerce announce;the Sixth rrH n '.■ aubscaprron order. end mail them to 230 Arden Drive,Belgrade,;ViT `rl _�J� �8 ' L.,r - $15.mum' {� 95 Mrs.G.erkewa°aresidenthem Annual Montana Cowboy.Poetry ometown ProLld.-' ■ HtasCmmw 59714 sr �7 96._ ca`PGL for 30 ears,She was a charter Gathering will kickoff Aug 16 Thank You.: ,:: �"�+■"-Intlepestm'gntP Arden•Belgrade•388-1244 a. y N T� 7 <�cT 9.°q'y memiser•oftheJehoveh'sWitnese.. and conclude Aug: 17 in Lee&Dade liIld ■ 2'10 S.8[oadway is ■ 230 •` "o rY 10�5 a. N�Y' ,' Four Belgrade firefighters Lewistown. B ■�■ai i iiri hilt.sell t ��. 's9 yd •ed.0 e g attend driver ea workshop Daytime th°me°°a°itme.froW Independent,Grain _ 11R artist.and old favorites from •' Pispp��� h �1 � • Four Belgrade I ghter°were around the country start at 9 a.m. for buying our 4-H market al13111a18. ear stain 8cw<ar..,.ary" among 12 participant.to its Aug 16 and 17,running.vary The Belgrade-Manhattan.Junior League - tionW Advanced DriverEduea• h u.nailb These_ !the Soft,mold-colored�Rme&b17 95 J lion Worli°hop in Lewistown on � are fr and will t.ke place at the Ryan,John,tad Jeff Mileen3Ck "ALL STARS" 5 Wednesday.Approximately 480 Parklnn. 9 would.like to thank �8•529, Wt n ,.1 Q�/. 5 d. .people,era expected to complete - 00 -mducine 9 qY this year's Workshops,according NOTICE OF PUBLIC HEARINGS the following businesses and individuals for - ceteven t Nancy atinan,superintendent Pri NOW afpublic lastra, lain. PRELIMINARY SUBDIVISION PLAT REVIEW their generous contributions to the team J„ ?7x.G mart toget this _ .i,onnt.Rsah,Nick Basolo,Le. CONDITIONAL USE PERMIT APPLICATION during the 1991 baseball season: 1 W, inventory Y e� p dticed and Cliff Abraham 5 tlinsm�crd down T Tvp1 lL) C pr eteed iquestytaradvhse,tut «� �9•Yd. even further! l�YVi ^� �� ce techniques in an adverse but NOTICEIS HEREBY GIVEN of public hearings to be held before the Bozeman City-County Cardinal Distributing Gallatin Farmers y trotted environment.The pro- Planning Board on Tuesday,August 6,1991,at 7:00 p.m.,In the Commission Meeting Room Jeremy Knutson Al and Jackie Knutson 1 e am was developed by,the Gen- y A'a D��e+� r`Tyd' a1 Motors Proving Ground stag of Bozeman City Hall,411 East Main Street,Bozeman,Montana,to consider the preliminary Lee&Dad's IGA Amsterdam Store which ha.5. Anna 7� �� � .and ails tedb,the Otflee of Pub- subdivision plat application forwalker Property Subdivision;and to consider an application for )a{'(�-/� P y L&F Food Farm Manhattan State Bank &na veeN`»Qoa ST tic Instruction. a Conditional Use Permit to develop a resldentlal/commercial planned unit development; Dale and Vicki Ellison Phmt Creek �8.$2 Wd stay carper 'Participants receive trainig in ` Q769.5 $9 a'arrang, QT safe driving techniques through BEFORE the Bozeman City Commission on Monday,August 19,1991,at 7:00 p.m.,In the KGV W Radio Station Belgrade Jaycees VOW .^ J I-.-instruction a°well°s Commission Meeting Roomoll Bozeman City Hall,411 East MalnStreet,Bozeman,Montana, TimArmfield Distributing Martin's Potato Chips behind the wh I m n era", to consider an a ligation for a Conditional Use Permit to develop a residential/commemlal OW -� �J�^�1 PP P Ray's Dairy Delivery Town&Country Grocers, T T■lJ' M Keenan said The dr(ving;' I planned unit development;AND-.sq.yd. +• �U • non e m ph I apablR Belgrade The Gallatin Machine n andlmt to..ofih v biota, BEFORE the Gallatin County Commission on Tuesday,August 20,.1991,at 1:30 p.m.inthe v..ar„a the ratio Countydrivestudents r Community Room;Gallatin County Courthouse,311 West Main Street,Bozeman,to considercsfs� ,a;>•:,., O : the preliminary subdivision plat for Walker Property Subdivision. the roadway and the driver. graduate from U of M We will donate$2.00 per fire to the school of your choice ' Said prellminarysubdivlsion plat applcaton and conditional use permit application would >"+ ' Several,Gallatin County its- allow the applicants,Beatrice and Susan Taylor,to develop approximately 117,867 acres of 1' when you purchase an o our new tires thru as •... e ` PP' y t PP y 3, y P S .t 1..Floor Coverin Univ eream.nds 732 degree° agricultural nnedun land Intptwenty locate in and commercial lots.The proposed subdivision and hI r ` August&September z thstwere awaraea recently to tanned unit development is heated ld + y i Y Unive city of M ntana at the Northeast One-Quarter and South VV in- All One-Quaver of Section 26 and Missoula gr duaEea They , All In-Stock elude,by to -r7w� a f.,we,'• 'AR In•Smck T' All in•Stoek :. ,. '-,�._Y Belgrade Robing y,meats of "Southwest One-OuarterofSeCllOn 25, :8r : Crown Corlon Designer Solarian Designer Sokrim II.' business administration. Township I-South, Range 5 East, ,• ,-t 0 CE N THE FARM SERVICE �E ;• Inlaid vinyl flooring for the bat in durability. .withidaidvinyldaip and the Solaiion Clean A Brat selection ofcolon and patterns Bozeman Keith Debris,master `P.M,M.,Gallatin County,Montana.It is ®Combine O Baler O Swather '+ '. Reg.S27.60 Sweep forlonger wil Reg.$34.95 Reg,$42.50 G- ''of.ien-;ClaraHapn r b h for more commonly located at the north- c 1 oC eRa;Randy Harri gran b h east COrndr OI the ImefSeCBOn Of :r1 95 9rJ 95 -star of science i ph r y, Springhill Road and U.S.Highway No.- "n . 2� 25 Itathleen Hertz,bath 1 s TIRES` rat a. NOW �'q'�' NOW olyd. NOW sgyd. in baem•ae ami tr tier, Kn sin Jelinski,bachelor Testimony will be taken at the public ® RiniS*Trailer Alignment• Wheels Baianced �� <:ff:mpolit alsciance,economica. hearings:Maps and related data of the 2 ���'�:;{:;.� ' s - area under consideration may be re- t Guaranteed Customer Satisfaction ��, rye Must Reduce Over �I p,�Th j� � viewed In the Bozeman Clty County�i WIiiWUlUl111...YYYI<r >t wAAii11 fL_ r .; \irk 15,000 ibs•o . Planning Office,35 North Bozeman sc kit ` 388 4279 P x - Armstrong vinyl P100rin a Avenue, Bozeman, Montana,566- .4 ^! . g pffi QGallty Zvi ® .. 3321,Ex[;227. w Pnea sowdng at e,r s r Advanta 2 ` Zee Brekke,Owner ('� g - Andrew C:Epple ' COMPLETE TIRE& OPEN:Monde 4 ,!' 99 'Planning Director 923 NORTH 7th AVE.•BOZEMAN &CAR 87NG WORKS! Bozeman City-County Planning De- - ALIGNMENTCENTER 7;D0 a.m.to 7:00 parry *v� +4rd „.;.k,a- IT W- partment 6460 Jackrabbit Ln _ ,i CALL 388 6762 TODAY! Publish August 1,1991 Belgrade,MT (Behind The Super 8 Motel) Saturday-7:00 a.m:till noon M, i 6 4 High Country Independent Press August 1,1991 _ - `�,e a Qr''� �'t/-�QQ . t �' ,Il A SOw S Ear � �s^rl(.G I,Itr�11VG��i��free Augusts 1991 NHigh Country Independent Press 5 r ' ® award Winning Newspaper :r "Sumhopeweewtheroin, said Iris. to those age..62 or older f MoniOile Q((�� 1 j "Me too,"I agreed,eying the ugly black cloud.squeezing the •" ,.._.v"•- + Newspaper 9 J O y. er y hiss Q s ' horizon.We were returning from a trip to town in Irid pickup : Q sir sack.offeed.Theonl thSn rotedin ,4 AseoelOtlOn whichpafl dedwsth 46 Y BP B B Lorraine Mintzmy 91 the paper f d sacks was PETA Iris'feisty red Heeler an Rocky Mountain Regional Direetor a I letter New.pep.rc n,a., I, knows-whet-else-crass dognamed anerthePeoplefor the Ethical y- f - Tro tmentofAnimaleorganizatim.PETAstood,f tbracedwide, .tongue lolling,grinning m the wind,and m doubt-according to ITyoubo reached the magic ego of •' /• ,n ,P � 82,you daft'taavem pay to get into -""s' •t. i -� t t :Iris-e 'daring the ethics of cafe that think.mice are food.Ir7a you through n national park.The Golden Aga; V' • his thing about radical groups looking for ways to make other ' Passport not only to art°•i e ,.' _peopleas unhappy as a co ,. e y Y B F' " the to,but you a percent f Aa we drove along the country road leading to her ranch,his ou cost e 60 Ypj'�MQCNeII1, noticed aherdofbovineelingeringnearagateleadingintothen-t diarnunt in most cease an fees for suchthin boatlauneh. _ peeture.IdidnRfindthatunuaual endeaid so,but Iris elucidated. Baking.'Pin& Ve e .Glenn F.Bailie,Publisher 0en6hiw. It seems the cows were scheduled tobe moved into that adjacent ing and prate,G .e•. / iewpoint Devon Hubbard Sorlie:Editor. OF COURSE I VN02R51AND 1zY/R eg6crby, - t fresh posters,and had conveniently bunched themselves.Iris A separate Golden Access pass- MR.GR651IXr11-4.YOV 5Al0 1'r�U W�SN TO II'f/licE YES... a decided it was ano ortunemoment to encourage port to available to blind end die p age them through b � cEWrTFl/SRAEL. ` ,�^l the connecting Hate� bteapmeoa..Bothpaeepmte et + _. ",• I Iwas dubious."What about the ram,"[said pointing totheblack be applied for in personlong with 1 �� \ sky. ... reasonable proof ofeligibility.They spirited y night in What is disturbing,however,is that cane armor _It was a trued discussion Tueada ni �����! Pointing things out to Iris is sure to fine up her resolve.She m not available by moil. ;> • Three r readers can learn from our on Forks. elate senators would contend that the state right - 'fi - :" crossed the cattleguerd into the pasture,drove near the bunch, Both a lifetime passe.. - ."' .•,+ ' ' .�. story Page 1 of now cannot adequately enforce anti-pollution - - -." --' s. •,l s halted,hopped cut,eased between s am and gate,then yelled There.a Golden Eagle 25 and Is today'.High Country,some,100 folks attended a laws: �-- � � llwas i '+6V w meta comesfour el phants or oone oftoma to dk5nd good calendar ye (Jan.is a Gallatin County Commission hearing on a Three According to Sen.Dorothy Eck,D-Bozeman, -'- ,� ��r 1`• '� J � , y �''t1 t, which requires four elephants or two ranch women to open. good tar a calendar year(Jan.1 e * ' ' M• Forks cement company's plans to begin burning state regulators are understaffed and PETA,the Heeler,was told to stay with the track,bathe didn't. through Dec.81)which will make the 1992 passport an ideal hazardous waste at its Trident Plant. -:vandertrained and cannot do theirjob. _ - r '" Iris Itmbedbe, in the pickup.8hehandedmeabuckefofcslre December holidays gin for your friends who enjoy parka.' '• ` c Briefly,.the company wishes to import,store �One can only wonder,then,just who Sen. �+ :��� -• _ems `1 - - - `feed."HI drive'behmd the rows,"she setd."You walk ahead and The Golden Eagle can be a big sav5rigs to those who plan to visit and burn various kinds of hamedouswaste thinks should be solving that problem-if not ounr - _ rattle the bucket.They'll think you're going to feed them goodie. several parks in a year.In the sia tote Rocky Mountain Region _+..-q•:i_-• ` deemed suitable at 8000 degrees F.The advan- legislature.In fact,too often our state legislation, - - ': and follow you right on through." alone,27 parks charge entrance fees that range from$S to$10 per explain ewe their inability to react in a ro ear _ -��"` ,,,v,, MaNY PIC-eES. :� They did,ifyou can term newly runningme over as following. carload.Fee parkeinclude,Arches,Utah;Badlands,S.D.;Brenf. 3 P:! hlr,and Mr.-C't hr,eVl.np rages the company sees area)the burning will y ty p f;r „! One calf went rushing past and playfully kicked the bucket.He Old Fort,Colo;Bi Hole,Mont.;Blmk C replace some of the at the firm now uses, sloe manner to protect our environment with the-' -_- � ..r B Canyon Capitol R Gunnison,Colo �� theeed,butmaneged to connectwithmyhendimprintingabruise thereby saving a nonreplaceable resource,and,2) Hied statement`we don't have enough _ 'I the size and color of a ripe Bryce Canyon:Utah;Canyonlands,Utah;Capitol Reef Utah;Cedar [,_/ , /7 prone."Oh ow"I said,and threw the /qt/,{ it will also serve m an alternative to burning funding...we don't have enough money..,we need to 4 ,Ain C�`^ P blamed d. Breaks,Utah;Colorado National Monument,Colo.;Custer Bettie- U t tinge F'9 f 7s®p Wed • blamed bucket at the blamed calf- � ' those wastes in landfills. raise taxes.' a 'll � Held,Mont.;Devils Tower,Wyo.;Dinosaur,Colo:Utah;Florissant r Aboutthen,Iridhiredmandroveupinhi.pickup.1ouagwdnow. FoieilBean Colo.;n Wye,errant-Kor.Rear,Monk;Colden8pike - ,,. _ It should go without saying that those wastes -Just what are we paying these people for?Wf y_, ;, '. _ ^�." .consisted of one woman with a bueket,another piloting all over- FUtah;ossi.Grand Teton Wye,Grant-yo •!^ I,e.Htli,01"ga,1 ,,,r Ll,r,d l ick„min, e F h d.rift,:.,or are now being disposed of elsewhere.Could their don't they get off their collective derriere and !; ,0 �, loaded pickup truck,and eagerred Heeler,approximately thirty- • Y , bra Rench,.Mut.,Great Sand t: ' ,i,ha_-,r..,\ll c l Ilr�' d, Dunes,Colo.;MesaVerde,Colo.;NatwalBridges,Utah;Pipe String, t - 1-311 11'"0 burning at Trident save resources and her make a decision about a sales tax that could raise -- ,,,, ., five cows plus calves and a puzzled hired man.Robert Redford. ;t.. F lam 'I1PGn Qace,�y,wore , ,ieJ Sat.,J,n.:'9 tit p ✓ ,��} should have been filming. Ariz.;RwkyMountain,Colo.;ThwdoreRoosevelt,N.D.;Yellowatone, t 'rotect our envirument? - additional funds for the state AS WELL, r- n' ;i�+ ,„ ' °• Thehired mahhurried to clone thegate behind the cow-critters. Wyolldeho/Mont.,and Zion,Utah: z - Gata3r)j' frha a '. p 11 pp ns the other hand,would storage of each wastes, greatly reduce the property tax burden on the rest , At that moment,a dyslexic,nasty-tepipered,brindle-colored Wind Cave and Jewel Cave m South Dakota end Timpanogos Cave @ constitute a nNk to the env5ronm---- would o us? in Utah cal user lase{or cross-bredbevinedecided to ddidaballetthmuhd ergs tie gain gomaryen g gmto then .to.at tit... the treneporting.of such wastes also be risky? How long shall we continue to blame lack or ,�_ ` gate wire.which the hired men held.This action produced a for entering the park.Golden Eagle.have no value at these three The Commission,which actually has no jurisd50- funding on what our legislators can't get done - .... _ - chainsew effect on hie hand areas,but Golden Age,and Golden Access holders get a 60 pment k I i discount on the cave user fees. Ixhanie2. , Hon in the matter,wanted to hear dozen input because they can't seem to work together for the :i -) "Oh,crumb,"said Iris,who had joined us to view the damage. , and will recommend to the state that a complete betterment of the state-e concept far more Typicalhorse maneuver �� _ 'You'll have tohave stitches that.171 driveyou to town in your. All three paeaporka admit not only the permit holder,but en `Y "'. 0 Hutt environmental impact statement be done on the important to voters than that of which party wine J omfi - accompanying passenger in a single,private,nucommerdaL v. `")) ..a#Ta`(.t nga,gnd MkI ucl M.iw r PI - the most when the session is over? - •I ;r Bhe turoedWme.°Youcantekethefeed hsuckbacktothereneh.• hide.When entryienot by private vehicle,the pasaports admit the vtt ,. bYY' )a I'„�111.a` 'll gr.dFiy at That's well and good.While the Three Forks So,Sen.Eck,quit complaining about lack of "BY Dave Barry (technically,the"fetloalk%and instantly the pony:nov "Gee thanks,"I said. holder,spouse,children and parent.. area,like much of Gallatin County,desperately funding and do something about the Syndicated Columnist wishing to be boarded at that time,trottedbrisklyoff,.- I maneuvered up m Iris'barnyard door just as the rain began The passports may be obtained at all areas of the National Park '\t` 'b 'Cff'is " ''School I - with my leg attached to It.I attempted to keep up by, falling in huge splattering drops,I hurried to unload 45 sacks System where entrance fees are barged. III .". ' needs economic development--and such a plan problem.:.something more than the lip service weighing amillion ,lkwso, could vide an excellent source-m one wants moat of us wish not to a for and t far too 1 Recently a woman Iknow named Michelle came into bouncing next to it on my other leg;like the Tamoue� gh'g pounds each. This is an especially exdtingyear to visit the parka,since it is the -;fir"z i �s 1, ti)33`e fa 1mca pay -r the newspaper office with a big ugly wound on bar. Western cinematic.tar HopalmgDofk,but finally,rim -As 1 worked,the dog,PETA,watched fro inside the dry truck 75th anniversary 'yearofthe National Pak.26,t aSpecial events ' ` to irreparably harm the headwaters area. much of. .: .. : ^� cab.Ah I th Pao 1 e' :fe . - upperarm7.Realizingthetshemightbeealf edou.'e feat of astonishing equestrian skill,I felldo^ yea, ought, pet rtheEthuslTreatmenfoTAnimale .replan ed Inmwgypark.,especially on Aug.2S,thedgy]egieletion w.r.iy{ -• ` i.about it,Ieaid:-Michelle,what's that big ugly wound backward and got dragged acroee the.field with n watch whiffs the rest of us work. was sign creating the National Park Service.. •"t your upper armr Sensitivity fa the cornerstone of heed bouncing gaily behind amongst thedot.. i (Oneofa series ofarticlesby LarraineMintrnyeq Rocky Mountain v . I - joumaliem. I could tell the pony enjoyed this immensely.It" - '. Regional Director ofthe National Park Service,duringtheageneps eve you heard thiS latest inAg NEWS? 30 Second interview Ittumedoutthat Micheltehadbmnbittenbyahnree. couldn't waittogetback to the stable anatll theothmi orpenPerenea is as author post androfumnGtwho7ives 75th anniversary year). We'd like t0 hear ift00. -ltwmherownhmmanditbitherwhileshewastrying horses via Snort language., i with her family on a ranch nem-Big Timber,Mont. What is one thing your parents were always felling raised it.This I.atypical hareemaneaver.He,..era 'You should have a—his hairl"snorted thepony/ se a.•■...........■.......i.re.... Give us a call today at the the opposite of doge,gratitude-wise.You give a dog "Hell need to shampoo with Industrial aolvents"' High Country Independent Press you that you find yourself tel your children? enmethingtotally watched to eat,such as a toad part "Next time;snorted one of the older hoc ■ 388-6762. er a wad of pre-chewed Dentyn//''l!�ynid.the dog will stepping on him.It's I�r�copping an anvil on a` A ------�/ hmceforthviewymmthe Supre�aing.Itwillgme Hostess Twinkle." \a✓ ` .le `IrI ASow`s hr'ts sponsored by ' f on•you•fo hours.with,:raptsdorationandlick.the •Andthelegalavthoriti n'.t,prop because 'uI•r, IF. Gallatub•CO.Fairgrounds °e`1iB'._. "The Red Baron"=A FlightAblVeV `^ "'_ . Bfoni!d;ygy,walk.nrnd try ra kin the pTaxa"p.5i.,r.r w.to aoi.a...narii,d lh .�; ! d eon sibs comae an here near u:Waeroaeif ou"' Is i yiears]aterR 388-4764 ''" dor.aw .. le -r. "o iA4� eS 2ft .9 fper Yw' yo Y Bo tayedoffhoreee altogether unt'120 r ., - , iJi�Br't1"8t 4th apendhoun groomingahoneend ggingiGf dendwhen Iwaa g Y ih Y `� m g '! f: ' a :;,^• ., 4 .t► '..StueefPeaWeekend rourtin m wife.We were the Rock Ho a OI the Baron Burgers" Z i' a 1 water wound,the he will be king:"Should I Mu t inn,andtheyhad alhorees,end, ewanfed chomp on this peraon's arm?Or e71.61d I merely blow to ride one.Naturally eh8•.1(•ee horses,As a�ehild,aha - Friday 5 p.m.to 9 p.m. r- 4 )`t• Pa gall.Pj arse onetintothi�peraon'chair/" ueedtorideaneighbor'shoraeberebeck,enesper5enca Saturday l0a.m.to 6 p.m. Idon'ttruatheraas.";'or treat an animal withteet she remembers fondly even though she admits the - PUBLIC HEARING .Sunday 10 a.m.t0 4p.m.. is �1 i made from the sememateral as bowlingballs"is one horsewouldregulerly try to decapitateherbJmnning r Functruser or the Little Bear i ofmymattaes.Ineverbolievedthoseeeeneain Weatem under low tree branches at 27 miles per how:I don't NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING ■ ` 'f movies when bad guys would tie the hero up,and his want to sound like a broken record here,but why to it of the Belgrade Board of Adjustment August 13,1991 at ' Schoolhouse Museum horse would trot over and untie the knot.with his.that a woman will forgive homicidal behavior in.:a 7:00 p.m.m the Belgrade City Council Chambers. i Door prize:Dinner for 2 at the Li,,d.,Ch, Charl.i e fr-r teeth.A real horse would aim up the elicitation and horse,yet be.highly critical of a man.for leapng the I Gallatin Gateway Inn. -is n,h,-rL„ ,y t„•n.,thorn"on " The board will heazarequestforavarience from Mr.R + y stomp on the hero',feet. toilet set I w r ? Dean Farlow.610 E.Gallatin Street,described as lots 4- - •• I don't blame horses for be gh atSle.I myselfwould Anyway,I w in Raging Ere mue Courting Mode, •••w••s'"a-�'••••'a- ■ -�'■■ ■ .'4' fi,• t I yr the "l l o neeJ for an rdur„tion." "'l I t t uld, I t 1 6 Block 7,Ferris Addition,City ofBelgrade.The request .. - L.,d,,d Ln km 7 I tl,•r. feel hostile toward somebody who was always sitting meaning I would have wrestled a giant snake to wt 1 t tl - is to allow Mr.Farlow to build within 7 feet from the side b,•. ._7 I I. a:,. ,,, on me andyankingon my/Spa.But whatIdu'eget is, impress mywlfe-to eollat her talk meintogetting Ya property property ,. I(� � TllP. !'t all ayl ,,f 1 u„t _ rd.. roe line.The ry is zoned R2M.The MITI pa\� i�. 111 Vf 11 6 "` how came they+re so popular?Especially with women?"on this rental hares.It fumed its heed around and 1J ITI IIVV�� Nowyou're probably saying:"Dave,yu'rejust bitter looked atme with one ofthose hone eyeballs theeize zoningrd will requires as Sfoot side yard setback, - /'Y because in fifth grade you had an intense crush on: ofa mature grapefruit,and l know instantly whatdt .The board will aceeptcommentswritten orspoken at the �irUllY'1'Ylt?t ' Suean Cartoun and you wrote'Sue'on your notebook g g• W. p g time of the he Rather information can be obtained.: was thinking.It was thinking--He.Ile Ho aloft hearing. - " -__I •' by,Hoesto )taty insides heart,but the name inside the heart on her Dorkl"So while my wife',horse tottedbrfeklyoRSnta from Henry Hathaway,SB N.Broadway,Belgrade.MT ��1 notebook was Tms r� - Ey,.an imaginary horse that she .the scenery,laokingforlowbonches loran undm,my 59714 or phone 388-4994: "•� ,.loved much more than you,despite the fact that,if homejuststood themeatingand pooping,waitingfor Frosty ever had the chance,it would have got imagi- me to put one leg on the ground so it could suddenly Publish 8/1- .•'{, SUMMER CORNBREAD. nary snot in har hair.". take offand dngme to Oregon.So l sat very still,like _ Yee,fee true that I am a little bitter about that.Alm one ofthoseetatus,generals,anlymorerigid.I d say we Trucks Are What - 3tblsp.butter .,t I have not forgotten my first experience with a hone. moved about 11 feet in t hours.Next time I am - " , 1 1 1/2 Cups milk I was 9yean old,atafarm,and I attempted to ride a definitely Doting the soak I We're All About! , pony."Pony"is a misunderstood word.Many young Fortunately my wife'.horse was unableto kill her; w■ ///��� 111IIIppp■s 2 eggs people,havinggrown upwatch5ngthe"Myl.SttlePoiiy" and wegotmerried andlivedhappilyevmatte except �,,,q� � ����1(; ��® ������������������ 114 cup vegetable oil cartoon show,believe that sporty is acute little postal. thatshekeepasayingtimtshewantatogondingagain: W 8 1985 Chevrolet1/2Ton4X4,43 /cup fresh corn kernels(2 ears corn) e., lit calmed critter with a k v and a nurturing I don't know what to do.I think maybe tonight I'll ppdd " � w/topper,manual hubs...::.:...::$5695. 1 tblsp.fresh sage,finely minced personality and a 1973 F ab Fawcett hair style.the eameww weight as her a candlelight d dam give ,mewinemomput �t0t■ p1 I��l��4u' MRS ve Than,when and t �®U,`;(1;,` t,nt;ern u„ f:,n, .tit l.y. ,barrio pi Whereas,in fact,alyp'ce pony' g it,roman - ■ sY YY IrhYY _ Fee � �3 teaspoons baking powder I t it k::.,n 'Wh,dcv 1 i t.d. "D, tt-ilk ❑y an Oldsmobile Cutlass Supreme but with no controls isjust right,I will gentlybutfirmlyblteh upper - 1tblsp.sugar n,I l, L or moral rode. \ 1974 Cadillac pedan DeVllle,4 dr. 1 taps salt ' I 1 , f 1 lt': t :,hv„y:7„Ica, L:rt" Nil 1 3 n I., .�c n Anyway,following my etate's direction.,I put my (c)im THE MIAte HERALD - •`- \ s`- Excellent condition..................$1295. „ d..:,Yo.u„nl,t,- ono �:aer V _ is - 3/4 cup cornmeal... toot into the metalthinghenging down from the pony DISTRIBUTED BY 771WI11NE MEDIA 9ERV)CE&INC. C �-� -�-,+� ------- .1/2 cup all-purpose flour 1979 Freightliper,cab over,3406 Cat Strai �� $dots,— by Gallatin Pete mlol umin11n engine 10 speed transmis- Preheat man to 400 degrees F.Put butter in a heavy cast iron skillet and place in oven fro•10 min. HII he „ oTsweat p` `ill a„_ `� Sion.............................................$6,495 In a bawl,whisk together the milk,eggs,and oil. Dear Gallatin Pelee grass and cool watmfar the valley,ing far Black Stir ra�Eagle Bauman isflfauider,and randfid "' - - Stir Sn corn,sage,baking powder,sugar, d salt. • III���IP-vp�lll�l`AI�IflYtL���rs�' - - - -their horses. mained,waiting far Black Eegle pictures his father,andgrandfe• CDnE � �����-���-��-������ gar,and , -- - - ----- -- Stir inconweelandflour to make a hatter.Remove - -- Where V Maiden Racal I One summer a war..party as be had promised their had taken about 1915.The ■ ■ 1 Now.GMC 19fl0 4X41/2 ton truck. Skillet from oven and place on a.padded surface. Helen L.Sorlie,President heard some people talking from the south threatened to Many years later the(.tow one of the pinnacle Is labeled Aill.Swirl skillet to coat the rides.Pour batter into hot about %butIdon'tknowths takeover the valley driving a enemies were driven from the "Devil's Taoth(lick"andanother Prfeed for QUIck sale at Dealer's Coati skillet end bake for SO-SS min.Cut into wad ... Publisher:Glenn F.Sorlie Belgrade oHlee story behind it.can you large band of Baryon ahead w valley whop the Cow,incises S.otaff an th'eAwte side of he � $3 �.�5.00 .: ,.. _ gas - 9 help?:. them to the valley.The Crow-returnedta thevalleytheyfaund'.the ddRenthailmthride of the , ����������������� andeerve hot or warm. RepEditor:Devon Hubbard Sorlie 220 S.Broadway chief at the time felt he was too a etas maiden when they had road at the very entrance to the- Sales Rep: Coral WalshSchry Belgrade,MT 59714 A Summer Vlaftor. ' id to war against the ens g g y - - - : 42 ID.sleeper for ingKen with .. $1 700. rrlY eo fen Benin Btar.According to canyon and is labeled"Heiden �� r Sales Rep:Jan Walsh 406 388-6762 hen ointedBlackE letolead these nd,Evenin Star.t.rtad Rock."Thi.was lam/ bl.in ..See John Deere's new LX lawn tractors. Complete air fairing with sltle skirts( ) PP a6 ge B P Yviei �REYStto you by, Deer Summer Visitor: thewarrion and drive back the downfium thediffwhen she saw 1976,butin1978itwae damaged De ndable Kawasaki a with over for above sleeper .................$300. enemy. - faithful Crow warriors return- when an adjacent rock Tell onto - engine r BARE'0 STOVE e.SPA The High Country Independent Press Firstof.fl,wdaom..W.h.pe Black Eagle was glad,but his ing their youngchiefto bury him thefxeandkaokedoffportions eaves,full pressurelubricationandoilfilter ������_� 1ooaN.7tLwvo. Is published every Thursday. you enjoy your stay with us in maiden,Evening star,was sad near the graves of his fathers. ofthenom,chin andforehead.So ♦Hydrostatic models feature exclusive 2-pedal -- Member of the Montana News a er Association the beautiful Gallatin Valley dened by the news.She had When Evening Star was a little itisuncertainaroundwhichrock control that allows the operator to easily select P P TheLegendofMaidenRockis heard the hoot owl in the tree. way down the mountain she was the Crow Indians developed speed and direction without removing his hands 1977 GMC -10-12 yid-dump truck, and the National Newspaper Association onooftleddimt.terieacirculat- aboveherteepeefbrthreenights turnadtostonebythsgriefinher their legend. 1. ' from[he steering wheel- 6V-53,13-Speed................:::.... $6,995 ., ing in this men.The legend be- and knew itforetold the death of heart. ♦New 48-inch mower deck for high-qualitycuttin c ����----������������� posrMpSTEN gan with the Crow Indians. Black Eagle.When Black Eagle .She now.tends guard et the Gallatin Pete to life and easy servicing g" CONSIGNMENTS' Hot.S'toVe Katy's The HaP t d kiy second Y tie w U t d ,alas According to Annabelle -left camp,he looked back for as entrance to Bridger Canyon t Y g - -. Post rn n ig d rn u a 59714 aanloct soma t M :n a,tR;s Collier Phillips i the Ion ♦T t 22-inch turning radius - Sot rift... ire t s i':Hcm zzo S uroaaway,n.to n,,,nnnn,.e,n ps in g as he.could.to am Evening.`while the evening star lingers � � Special of the Week! sine Pose s co,rr,mons1,:FI n V,220 snssm. . County Heritage:A Report Of Star at lending on a cliff. . long and lovingly over the : 1 ♦Contoured seat,increased I�groom and improved 1979 Chevy,1 Ton 4x4,4-speed. ]3rlgrees;the Indiana believed Long after the warriors had madden who bore its name,"at, pceessibdlity for comfort and convenience ......... - 42,795. B o j�_�' SUBSCRIPTIONS -thevalleywaesecred anddidnot departed Evening Star to, cording to the legend. - - Special '� + s�,n pl rwm,orone yoar,,w eraec.,oi,�o-,:c,-ry,t.r.,00mol wage war here.The Crowlndi• trained on the cliff.She sat allAccording to information in y `. 7NbthMg RUns ® cpunry.Sas orot.Iala anawouldcomeescheurnrrto night and all the next day.Than "Gallatin County Hmitege,"A j 1 �� � )•. L11CedD2 �" LOW ADWRTislNc gather raspberries, kfnnd- shewerettoherteepestoputall stately pinnacle just inside the -,- ';: Prices Displ y d `n'a d 1 9d dr c., n,5ym.r RI F" k grapes g >W fi GALLATIN EQUIPMENT L4 HOUR WRECKER SERVICE me abdd[eadenn itbod Neat mnick and sour a es W use herthin.lnmderbeforereturn- mouth of Bri er Canyon was ,/,kl _ eves m i.o Ir siocm ci f o uo,a y e L- �r: over the winter.Game was. Sngtoherlookouton thecliR.The"Identified fro years as Maiden err CO. ® .THREE FORKS,MONTANA onRemw ining 1990 Stock cape rnn„nay9rougnrrday9a.,n.1asp. -cacprrn. abundant and then was plenty Crows were driven away from Rock.In1076,JohnG.Parkerof BELGRADE .,lap,n 406-285-3253` 1-800-253-5372 of LOPI Pellet Stoves 388-4177 1-90 Exit 298 Reg.$1895 Now...$1595 rlll� STATE OF MONTANA, PTE County of Gallatin, } ss. JZ I Vivie Portnell ,being duly sworn, deposes and says:That.�,_he is Pri nr i p l M Prk of the Bozeman Daily Chronicle, a newspaper of general circulation, printed and published in Bozeman,Gallatin County,Montana;and that the notice hereunto annexed( Conditional Use Permit application by BEatrice and Susan Taylor ) has been correctly published in the regular and entire issue of every number of said pa r forte_consecutive- insert ion ,the first of which publicat' n was m on the 22nd day of July 19 9 1 , and the last on the . 22nd day o Ju 19 91 Subscribed and sworn to before me this 22nd day of July 19 91 . N Notary Public for the State of Montana,residing at Bozeman,Montana _ NOTARY PUBUC for the 8tafs of MNOPP Residing at Bateman,Montag my commission expires July 8,196 6; BOZEMAN DAILY CHRONICLE,Monday,July 22,1991 Region f r trust.;;lt accessrou s coin ete op p . ims HELENA (AP)'— Trying to write rules for Oct.21,rules could be published Oct.31,and the : The groups also recommend that leasehold- • • • ' public.use of Montana's trust lands-has shown public could comment after that. ers be allowed to post lands and to require i r O m fire victims again how many interests are _competing for Rules are expected to become effective. advance notice by hunters and fishermen who them and how conflicting their wishes can be. March 12; 1992. want access to lease lands ' The first demonstration came when the 1991 Income from the trust land helps finance "During the Legislature there was agree- GREAT FALLS (AP) — The Jackie Hertel,claims officer for Legislature struggled to adopt "compromise" public schools. The land includes more than 4 merit between the sportsmen's- groups and U.S. Forest Service has begun the Lewis and Clark National legislation that for the first time gives the public, million acres in grazing lands, most leased by recreation groups that this access be limited to notifying some of the victims of Forest, said about 35 claims permission to use state trust lands for general ranchers, and half a million acres each in hunting and fishing, said Jim Peterson, execu- the Turkey Fire last November'_ request $6.6 million in compensa- recreation. That includes hunting, fishing and agricultural and forest lands. tive vice president of the Montana Stockgrowers that their damage claims are ` tion for Turkey fire damage. She ,other uses to be defined by the state Land Board.- . , Stockgrowers say access should be limited to Association. being denied. couldn't say how many people When the Department of State Lands asked hunting and fishing. They are joined in this "We would like to have this program . And that's about the last thing have been notified that their for rules'suggestions, an array of organizations opinion by the Montana Wool Growers Associa- administered through the regional offices of Steven and Sharon Nelson want claims were denied. Requests for responded with recommendations that range tion, Montana Farm Bureau, Montana Chamber State Lands as much as possible, so it doesn't to hear, more information were mailed to from almost unlimited access to almost no of Commerce; Montana Mining Association, involve a lot of state bureaucracy." They saved their house but lost some victims so the claims could access.' Montana Wood Products Association and West- Bur Jack Atcheson Sr., president of the the outbuildings when the flames be processed, she said, but that "It's going to be work,"admitted State Lands ern Environmental Trade Association. Coalition for Appropriate Management of Public overran their farm near Stanford. doesn't mean any claims will be Commissioner Dennis Casey last week. Overnight camping and open fires should`be State Land, disagrees. Since then,they have sold their paid. — State Lands hopes to submit proposed rules prohibited, the groups say, while motor vehicle "We won't support any regional offices, cows. The winter wheat froze to Investigators concluded the to the governor by Sept. 23 and to the state Land use should be limited to` state, federal and because they would become little kingdoms death over the winter. A field of Turkey fire was started by.an Board by Oct'.14.Formal rulemaking could begin dedicated county roads. dictated by, the lessee," he said.,,," oats was ruined by hail this unknown person or persons. spring. In some respects, .victims of Nelson said the family's claim the Turkey fire are now living Ci rCLiS rests relaxes ' h exceeds $1 million and hasn't through a process familiar to r ' � ,., E been disallowed yet.. victims of. the .1988 Canyon 1 But the government' claims Creek Fire southwest of Augusta. 1 �; a Y process appears to be just begin- Nearly three years after the n repairs in Butte s � g : and e � a s nin for the victims, who may Canyon Creek Fire, some of the ? face_years of uncertainty if past, 59 "claims totalling $7.8 million ' fire settlements are any indica- were not paid this summer, said BUTTE(AP) — When is a circus "The whole tractor was a loss. : tion. Larry Hill of the Forest Service. t•not a circus? When its camped on a There's the driver- that guy with On Nov. 23, 1990, the Turkey . Hill is handling Canyon Creek vacant lot for three weeks between his neck in a brace.And another one, fire swept out of the Little Belt Fire claims at the agency's re- shows' P g shows: went through the windshield." She -Mountains on winds estimated at gional office in ;' Missoula.- He For 45 people of the Jordan leans back in her fold-up chair. Not ��€ H ' P P � � . ����;� up to 90 mph. It'burned more couldn't-say how many. of those i.International Circus' of Las Vegas a scratch, though-not a scratch." T than 30,000 acres of mostly victims have been paid by the 7 and their'three tigers, three lions, , H� a �� f private land. Department of Treasury. three alligators and two snakes — The circus`hasn t had a week off g. since February, and now everyone, tt -the layover in Butte is time for can rest a little. The cats have their r , resting, relaxing and repairing. "Usually, it's one day, one day, shady spot, the alligators have a overnight, overnight," says` Patsy ,.steel tub of water. , � � �' , Longhorns to. launchJordan, sitting.in the shade of her And the crew is having a chicken (trailer. "This gives us a chance to barbeque to celebrate the birthdays • clean- costumes, paint, try to re- of three'of the performers. AP tASERPHOTd I�ahspell centennial tpair."'` rson s th ree Bengal tigers opens One of Tamara Wallenda-Ande Patsy's daughter, Delisa, an aeri- And although the circus is here to wide during a session Saturday of the Jordan International Circus `�alist who is taking time off after the stay, at least a little while, nothing of Las Vegas. Wallenda-Anderson is the granddaughter of, Karl KALISPELL (AP) - A herd of "Some of the ranchers tried to birth of her daughter, reminds her about the camp would give that Wallenda, whose Flying Wallendas developed, one of the most 100 longhorn cattle begins moving stop us,thinking that if a spark flew i away. The trucks, still loaded, seem famous high wire acts in history. from Niarada' toward Kalispell from a horse's hoof it could start a mother_.that the costume truck is P ready to drive off,the trailers might broken down in Coeur d'Alene. today, and when it rambles. down forest fire,".Warneke said. "Oh .God, that's right," Patsy withdraw their awnings at any the reptiles and big cats and white °people, and stories of elsewhere are Main Street on Thursday it will "We had to kick over:to giggle," -says. "And_we shad an accident insecond pigeons with tailfeather painted red bound to surface. Patsy, raised in a launch a three-day.celebration of said Henreid ."We've done our Wyoming, too.. A truck carrying There's nothing of the ,circus and yellow might be so many family circus family, begins all her stories the city s 100th birthday.: homework. Now we're y n- about a circus at rest.The sequined pets. with beginnings like, "We were in Nancy Warneke, her husband, have a party:" l the concessions crashed on a mou „ Rick, and Monika Henreid have About 125 riders from all over (tam road, she said. costumes are nowhere in sight, and Butte has no hold on these Sarasota when ..:" spent the past year planning and the world" paid about $500 apiece, ' organizing the drive, which begins excluding horses and gear,.to join riefS - at the Niarada ranch of Nancy the nostalgic event. They will travel ' `Warnecke's family. 10 to 13 miles.a day, on horseback The planning ran into all the same and in about 15 cove;ed wagons. Knievel 1ireakS Own Canyon Gorge in 1974. Lottery's Montana Cash drawing, engine was torn out.Both men were frustrating snags and miscues that They will camp out at night, with motore ele `um re rd The younger Knievel said the lottery officials announced Sunday. thrown out of the truck and died at plagued the much larger cattle drive campfire entertainthent from West- motorcycle p 171-foot jump wasn't as easy as it OnIy one of the 86,463 tickets the scene. that marked "the centennial of ern musicians and some yarn- WEST VALLEY CITY,UtaP)' looked: iad all five numbers that were Officials continued to with - Montana statehood in 1989 t„ oiniong' from local old-timers. It felt terrible, said Knievel, , dn Saturday ni lit.The winner Every time we turned around. catered meals will include Daredevil Robbie Knievel has ,,,the name of a 20-year-old Can an „ y g Warnecke said. We d�-_take .two,,,ainal breakfasts and dinners of a `referring to the wind•conditions s ..was:not immediately,identjfied„but;:. ='man who was killed Saturda•.in a broken his o_,�}!n ri�ptokcycle,dZ§t qqe, <<. �,•C , yr,-,.ttrilJ itste g}forwar Land: nei back'" a steak;; ::Hungarian cowboy . stew, ' um world record after postponing ;: ..The ramp looked shakyr I went as - a lottery spokesperson satd theme ::. I•.,one-vehicle acC r11 neaar T)rurn-, ` P d } jump P the attempt becau"s6'of gusting fast as the bike would take'me.'� ticket was sold at a SuperAmerica mond ° ' -.`Entertainers accepted-and can-��barbecued chicken and roast pig., _ „ „r celed, a caterer ..backed out, and "otalispell's e longhorns are from Walt winds:" Still,that didn't stop him from store in Havre. r The deaths raise Montana'F 1 objections arose from bureaucrats; edahl of Poison; one for each Following in his father's tir0 riding his modified 500-cc motorcy, cle down a runway at nearly 90 Oo die Hear Havre traffic toll to 92,compared wi!WA6 Indian groups and even some ranch-. experienced ddrovers years. About 15 tracks,the 29-year-old Knievel at this time last year. ers. experienced drovers will help.. ..jumped 24 pickup trucks before miles an hour before becoming HELENA(AP)-Two men were' r nearly 10,0004ans at Bonneville airborne. killed Sunday.when their pickup Raceway Park Sunday about 1 a.m.,. The jump measured 18 inches truck crashed eight miles south of nearly tlZree hours after the jump further than his own 169-foot 9-inch Havre on Montana 234,the High- r world record set last year in Florida. way I High- was scheduled. y Patrol reported. Knievel is the son of Evel Officials withheld their names Knievel,who made several famous Someone Hits jackpot until relatives could be notified. - i h ruck ran off jumps in the 1970s,including an ill The patrol said the t I � I fated attempt to ride a rocket-bike HELENA(AP) Somebody won the road at high speed,pitched into across the mile-wide Snake River the$20,000 jackpot in the Montana , the air and landed so hard the /011 NOTICE OF PUBLIC HEARING o 0 0 BEFORE THE ZONING f BOARD OF ADJUSTMENT } NOTICE IS HEREBY GIVEN of a public hearing before the City of ii >•: ::. • Bozeman Zoning Board of Adjustment on Thursday,August 1, 1991,at S :: •`: `'_ D/� D D ' 1:30 p.m., in the City Comrnssion Meeting Room, Bozeman City Hall, 1 + D Cl D D D 411 East Main Street,Bozeman,Montana. The purpose of the public hearing is to consider a request fora :-. !. variance by Martin Erickson from Section 18.10.050 YARDS,for a nine (9)foot and thirteen(13)foot encroachment into a twenty-five(25)foot required rear and side yard pursuant to the Bozeman Interim Zone Code. Order your decorative Subject property is zoned'AS'(Agriculture-Suburban District). The property is described as Tract 5 located in the Northwest One a North O d 0 Paper Safe today for only $11.00 Quarter of the Northwest One-Quarter,Section 16,Township 2 South, Range 5 East, M.P.M.,Gallatin County, Montana. It is more commonly ti y identified as 8498 Huffine Lane.Said property is owned by Martin 0.and Suzanne R.Erickson,8498 Huffine Larne. t 6A> Public testimony concerning this application will be taken at the «.. hearing. Questions or comments regarding this application may be This attractive simulated addressed to the City-County Planning Office. Maps and related data o x ' regarding this application.may be reviewed at the Bozeman City-County o WOOd rain box is made of y / ry ,f,i a . 9 � .�� F Planning Office,35 North Bozeman Avenue,586-3321,Ext.227.: durable 01 eh lane and Can be easily installed to keep x Andrew C.Epple " PlanningDirector Y'F nE nay SPAr'i your newspaper neat and dry, nY Kx ' NOTICE OF PUBLIC HEARINGS even in the nastiest weather. 0 rN�� y `✓ � fr ` - PRELIMINARY SUBDIVISION PLAT REVIEW Available In either black or CONDITIONAL USE PERMIT APPLICATION white to match any decor. NOTICE IS HEREBY GIVEN of the public hearings to be held before the Bozeman City-County Planning Board on Tuesday, August 6, 1991, at 7:00 p.m., in the Commission Meeting Room of Bozeman City Hall,411 East Main Street, Bozeman, Montana, to consider the preliminary subdivision plat application for a Conditional Use Permit to develop a �+ residential/commercial planned unit development;AND Save $3.00 by picking up at our circulation office BEFORE the Bozeman City Commission on Monday, August 19,1991, at 7:00 p.m., in the Commission Meeting Room of Bozeman City Hall,_411 East Main Street, Bozeman, Montana, to consider an application for a Conditional Use Permit to develop a residential/commercial planned unit development;AND 'l BEFORE the Gallatin County Commission on Tuesday, Order By Marl r �7 August 20, 1991, at 1:30 p.m., in the Community Room, Gallatin County Courthouse, 311 West Main Street, ;, r—-——---— Bozeman, Montana, to considerthe preliminary : '�']� r, subdivision plat for Walker Property Subdivision. •-r i I Name I Thank lank you application and L conditoraliuseap mbdapplicatontwould allow the G "`' ` '" Street applicants, Beatrice and Susan Taylor, to develop . � , for helping us approximately 117.867 acres of agricultural land into Ctty Zip ' twenty residential and commercial lots. The Proposed ]provide good subdivision and planned unit development is located in the l� Northeast One and Southeast One-Quarter of `.;: : �i -North Please send me decorative newspaper safes) at $11.00 each. I would �+� Section 26 and Southwest One of Section 25, 2 %%i G,~� I 1 Serviee• Township 1 South, Range 5 East,P.M.M.,Gallatin County, : :: w f like the following color: 1 Montana: It is more commonly located at the northeast 1$ 1 ❑ Black ❑White 1 Bozeman Daily corner of the intersection of Springhill Road and U.S. �Pr :XT., Highway No.1o. Q, 1 Mail to: Bozeman Daily Chronicle 1 CM0 Testimony will be taken at the public heaiings. Maps CQ and related data of the area under consideration may be P.O. Box 1188 reviewed in the Bozeman City-County Planning Office, 35 '' r 1 Bozeman, MT 59771-1188 1 North Bozeman Avenue, Bozeman, Montana 586-3321, T t� L-—— —————— — ————-J Ext.227. Andrew C.Epps Planning Director 0 - �------------ . ------- ­­­­­­ � I . . � I I . . I I � - . � I I . 1, . I 1, � I I I . I i �I I I . I I� I I 1. I . � ��, I � �I . . 1 ­ - . . . .. I I . I I � I I I I . � I I I I I I I . I � I I I I I I I I I � I . . I I � 1. 11 I I � . � I I I . I . � I - I - ­ I I - I I I I I I I I I 1 . - I I � . I I . 1 . . � . I . I I � . I I I � .--- �. . I I I I 1. I . � �I , , , � I�1, ,i I� . - I I . I I - . . ­ � ­ ­I , I � . I I I ,, I I I I . , I �� .� .1 � ,I- ,,i � I i - I . . . . � . . I. I .. ." '11,­ .�.� - - ­ ­ � l� , ,�� �- .. I. .I- .- .-...I. � .1 - .. .I .1 . . . �. .1 . .­­ ­ -:, . I - 11, I I I � I ,� � . I.--­ � I I I I ­ . I -I. .� . �, I ­ I - �.. . ­ .-- . : � \ . I . I . � .� I � . . I � I � i I I I I . . I I � I . � I a I �' I . I I I I . I . � . I I . ' * I , I I 1. I I I I I , , I I I I BOZEMAN DAILY CHRONICLE, Monday, July 22,1991- 5 , . ' 0 , �, ; I �i , - , . . . I �'. I 1. .11 I . � �� I Report: . U.S. blo' 'cks jelt-sale to Iran , o I 1, " I ­1 " I I I 11, � . , , 1, . I I ­ I .. I ­ ­�­. , �­ ­ ­ . 11 ­ ., .­-,� I . I I I . �. . ' '. I :: � � I � � 1. . I _- �­ � �. . I � I I I � � , 'i' ' . . I � �: ­� " , , I 11 , 1, 1, ) �: I , 1. - I " �­ - ­ ., I l , .. . . I , , , I .. ". I . � � ., - NICOSIA, Cyprus�AP)-The United'States British authorities, who backed the British . States broke relationswith Tehran in 1979 and �� . . ' �... " I I :: I , : : has blocked the.sale of.up to 50 passenger jets to,.1 Aerospace deal, reportedly are angry at the U.&� I- ,they have not been restored. - - . , ,. . - I , ;I . 1, Iran by British Aerospace because Western move and have complained that Washington I I . y 1. Flight'l ' .. I I nternational quoted a State Depart- N . . ­ . . 'hostages held by pro-Iranian Shiite Muslims have approved the sale of 12 Dutch Fokker 100 :11 . I . I I I I 11 ,ment spokesman as saying that Washington's, ­�,. . , .not been freed,. Flight International magazine airliners to Iran last year. � I 1,-� I -" ".. .1 �:, ' ' I I- . 1 . .. 11 1. I decision to block the British deal reflected the �� . I � I I �,. � reported today.' I . I.- ­ -built" is .11. .: I . 1. I I The ,Dutch aircraft have few U.S. to deep concern- that even after a year. of �� I � - , I .. I The Aviation weekly, in an article made components. At least six have been-delivered significant,changes in the region, Iran has not �."o I . . available to The Associated Press in advance of Iran Airs Iran's national carrier. - . � � ,�11. . I :1.I ; � . ended support for terrorism and the Western : I ..1. 1�11 .publication, said Washington was able to do so Flight International, published in London, hostages have not been released." �i::i . because the British-built BAe-146 aircraft con-, quoted sources close to the negotiations between , I . . 1 I , �I .tain U.S.-made components. I I I British Aerospace and Iran Air as saying the deal- 'Under President Hashemi Rafsanjani, the .�, � I I . I : - - Iranian gqVernment has been building bridges X�� I r :Its avionics are produced by the-Honeywell involves,the purchase of an initial six BAe 146s �� . . I �Corp..: and its four turbofan engines are with options on as many as 50 more.� � -I- with the West and the republic's Arab neighbors ': I 11 . - , end thd country's political isolation. ....".. manufactured by Textron Lycoming. � The magazine said British Aerospace declined to . , ;,���������,�,.����::�:�����:�.,,�::�:��� ,.­,,:�",­ �::....... � I ' �i�3 :� ­ ... '' I , . -11...� . I ,��,,g ,� , 1.11 I . ., * ,�,e�: ,::::::::::::: ­­­­­ -.1. ­-1 " � :: � in 1979 comment on the report. But aviation industry ,,�,�g,�i�j�, , .... ..!��j!: : I U.S. trade sanctions imposed on Iran ­�g,,. Despite a significant drop in terrorist Attacks ��,�,.�,.�j!: .� ,�j!: �'. :�, �� I , � � ,,­...I....­...I :F. , .. :� ­.,::::�::::,,,::i - I , �.., ..........�,� "' ".. , � '14...�,,: I prohibit supplying the Islamic republic with U.S.- , sources have been,saying for months that. the - by Iranian-linked Shiite groups over the last two ,� , .� I I I , :.�: �"..1111111111..-11111 - . , km , made aviation'. equipment. Only aircraft built company was negotiating with. Tehran on the � years, Iran remains on the State Department's � I I I . outside�'the United States. and containing less sale. . I I - - ­� . I nts can be � ' I 11 � I � list of six" states that sponsor international Gen. Norman Schwarzkopf is presented the "Order of Kuwait" . . .tham 20 percerit,U.S.-ma � Britain restored relations with Iran last,- terrorism. The. others are Iraq, Syria, Libya, I by the Emir, Sheik Jaber al-Sabah, in a ceremony in Kuwait I sold to Tehran. " � . - . I � , September after an 18-month break. The United North Korea and Yemen. � , I � � . I � I I ; - I .. . I . . 1 . ,-, )1. � �- I 11 . . � . .. � . ., 11 I I - I City today. . , I I . � I 1, . I . - I - I . � I ,. 1. � I � 1.11 11 - I � -1 I I I 1. 1 - � I I ' 'I I I � . � . . I I �. �. . � ..., 1: I . I I I - I � . I .. I I I I I ; . . . I I . . I I � . � . .� .I I I 0 1 � I 11 I I ­ �: . 1. . � . , �,� 7 A , I's .1, . 11 ,'��,; 0 s I 9 ­ -1-1 � �., I � , 6 1�,� ­ ; ': I 'r , I I I . ­ - ­. ...� Novelist lends voice'll ::: 7�...... ­�. � tormin 'No' ­im- an , I ,; - � I I I 1. 1 . . 0, I �, MIA , I I. . I Ili ' '.- I . . . ­o­ I I 1, I ; .1 .71; . ­ 0 0 's -" I 1. �� I . 11 I � I . . t , I �":� `. ­.. I . ­ ­ - ;­.�: "� I . I � . . . I . I . 1 0 . N"..11-11".1'.1 , . �. , I . ­1 ..., � , � ­�. . . - o quiet ib,rarians ,, . , I ' d by� Ku:- wait. , I hoto'- - I I . . � . . I .; : honore 1P , -, ­ . I . � .1 I 1 : 11 .1 . I - 1 � 11 I I I ., I . I I I . � . . I I * � ­ . 11 ­ - ­/­ . 1 , I I 1:1 � . 1. ''I � ­ . , t ­ ­ - ' ' I ., , � 1. I - - - I WASHINGTON (AP) - When Schumann for some lobbying on I .11 � I I I I - I i' ' ''I �.. I : . KUWAIT CITY (AP),- Gen. 3,700� service members in Ku- I U.S.�'steps up its Gwen Davis raises her voice,librari- Larry, King's TV talk show. l I � � I - . I ; , I ans don't say "Shhhh!" ' I Out of gratitude for a rave review , I.",^I,� H.Norm'an Schwarzkopf,paying a wait. He is to retire Aug� 31 after I 1, probe of picture , . The San Francisco -novelist is of her. latest novel, '!Jade," in the . farewell visit to the Persian Gulf 35 years of Army,service. . I I � I - I I - I , �­­­ . I 11 . ­ I ahead of his August retirement,, Schwarzkopf last was in Kuwait , t I :1 I appalled at sharp cuts� in library '. Library journal - which libraries � �­ I ' I , . 1, I - - � , !,,­ BANGKOK, Thailand (AP) , services around the country, as ' use as a book-buying guide - Ms. I 1�, � today received Kuwait's highest on April 1 1, the day a United I U.S. go ::::'.'E.��. � - -fire took effect to �-- The, vernment is states and localities grapple with a. Davis decided to donate half of the ,' :�::I�n­:�­ honor and praised its reconstruc , Nations cease . , . I I . - stepping up its investigation of - deepening budget crisis. And she's" royalties to the association's save- tion efform formally end the Persian Gulf v , o ' I. � I , . � � I ! "The last time I was here was ­ . � . :1, War. , .a,photograph that purports to worried ,that librarians are too ' the-libraries fund. ,-* I � .1 I . .show �three' American fliers. reticent to sound.the alarm. 1 -, She's asking fellow .authors .I to, �11 : ,in April, and the-skies.were so' : The skies were then black with , .missing. from ,the Vietnam I . So Ms. Davis has volunteered to . follow her example� So far,she said, ' llii, very, very dark, at that, time," burning oil and, roads were , I -11 � ' -, . I ; `;.:­-� - - - ,­111'­�,­ .1 ­;;­­..;S.44 ­� . ­� ­::­�. ­11 ., ­­�­.;S. ,War, sources said today. I I I 11,*�,�. '. �,� , �, I strewn with damaged tanks, I make some noise. � � she has persuaded writers Charles � , e�:::::,. Schwarzkopf told Kuwait's emir, . ,� I i . .1 .. The American sources.said . "Librarians are very nice people, ' Champlin, . Eric . Lax and Joanne I .1111,�......I'll 11 0. .Sheik Jaber al-Ahmed al-Sabah. trucks and cars. - " I .Assistant Secretary of State- but they aren't,vocal," she said. Greenberg to contribute a percent- ,I; - � AP LASERPHOTO "And to come back this time and Today,about a third of the 750 1 . � � I Gwen Davis, shown here with ' see it so much brighter and so* 'oil wells.set alight by the retreat- I. I I Kenneth Quinn .will fly to "They are so used - to keeping 'age from their next books 0 1 r�her dog "Happy," is appalled at much cleaner brings joy to my' ing Iraqis have been put out. .' . .Vietnam and Laos while a 1 0- silence in the stacks that they don't, e� , ,"If Danielle Steele gav� nly �,'i sharp cuts in 11 � '. � 11 ,� - .man. ,Defense Department know how.to scream their outrage, percent, she could save the libraries rj� I , library. services.. I -heart.". ,* �� I . � : F* �.�, I I.., -.. - In. a ceremony at Kuwait's I I , I I team visiting Thailand investi- but I do." 11 I I I I .1 I I in San Franci§co," .Ms. Davis said. ing budget squeeze might lead to , The general, who is 56, Wa's ��Bayan Palace, Schwarzk pf was gates the photo, which was' liance with - "Philip Roth could save New York, 1. the demise of such a hallowed I bidding farewell to some of the presented the Order of Kuwait, a * I reported -carried across the .Norman Mailer could save Brook- "pastime as spending a lazy summer ,: nearly 50,000 U.S. troops. , medal on a blue-,and white sash,. ' . I.-Thai border from Cambodia. the American Library Association to , -, main in� 'the ' _who 11 11 by the em r I I 1, . : . I � , - demand more government support lyn, Stephen, King could save New "afternoon browsing in the cool , re . 11 �' I gulf,. ,including I by the,em ,,, , � . 'd I � . ' I r �I I- � I - 11 I - . I I . . � I The grainy photograph, ob- for the nation's 15,481 public England and Jackie Collins and,11 sanctuary of a neighborhood library. . ' . I � I I . I . I � . tained� by, the Pentagon - in libraries and branches,which get 80 Sidney Sheldon could save Beverly "To realize that libraries were � I I . � . I I . I � I September 1990i-sho. ws *three . .percent of their funds from the Hills, if it needs saving." : � �I going out of business was spiritually - � I .1 I I I I r I " 1� . 1. I I 1 .I I %. men and­a, sign with'cryptic states., . . � I . ".I . : Ms. ,.Schumann said librarians "�more than I could ignore," she said. ' I 1, � � wording- Relatives' of. one . Ms. Davis flew to the capital Already. are ,speaking out, but she,i�... Already,the portents are clear.A . Stiflin, g, heat ,wave ' 'I I I , � � . I I ­ I - ­ I I . , � � . ­ ' I I i .1 Navy 'and:­�twoi, Air: 1 Force, .Ireceintly to attend a White House welcomed Ms. Davis'.vocal support. i 50-state� survey by the ­ ­b ' - , . 1. , � I I . 1 I- ' � library airmen shot down'in Vietnam conference on libraries (which also and her "extremely generous" fi- -association in May disclosed wide- . I I ' '' I I and Laos say they are con- urged a boost in federal subsidies) nancial offer. - - I should soon e over . . I i.spread layoffs, branch closings and � I .I I I I . I vinced the photo is real.- ' , �� and join, ALA President Patricia -. Ms. Davis fears that the worsen- --reduced hours at libraries.* . I I i . I I Theo three�men� appear to � , , I I I � I � I I . � . I I I 1 . Z . � � . .1 � I The Associated Press' I � Weather Service meteorologist in I , � � ­­ I I 1� . . t [ ­ I I hold a,sign with.numbers that' , , ­ 1 - � . . I I 1, . I I 1. .- . . I I 11 I - I �1. Boston, where-Sunday's high was I , ­. ;�, � I I . ".1 j,-, I � - . . . I I . ' I ..could signify the date May 25, Briefs '.11"" 1 , I 11 I '. 1 . .I I.I I. ­ I I . I I­ I I 1. . . . I �, 98. He said highs in northern New f , � 1 1990." 11 .., I .I I , How hot was it? Workers at 4 England would be in the low 80s � -- �� West Virgi �, I .. I I .1 I I The photograph has rekin- I . 11 . I - I I I . . 1, I I nia ice plant broke a ,today. I I W I I . - I . I , I I I dled hope aitiong some that Urban League won't oppose Thomas I , , The police official,Adriaan Vlok,had disclosed the sweat in the freezer. I I . Charleston, W'Va., meteorologist � not all the 2,274 MIAs have, I �I . ­ . I white-led government gave about$700,000 to Inkatha, A stifling heat wave today en- Jeff,Medlin said the system would) died. They include, 1,657 in ATLANTA(AP)-The Urban Leagu%,ks become I bitter rival of the leading black opposition group,th^ tered its seventh day over the ar * in his area by Thursday, but,1 * a I Vietnam, 528,in Laos, 83 ^ the first major'civil rights group to annour will not African National Congress. . No eastern half of the nation. Ameri- te at�res could start dropping � 'hi� ,kj I . __ Cambodia and. six in C inesW ,oppose.the,5upreme,Court nomination of.Clarenpe . ' Vlok sai&he,w, ould discuss his future with President . cans sought relief in ice cream, fire uesday. . . 1 - � . -� ,��'"� �Tr ,t-,yho to ; ,, .. I oil��;iaker of I , wa ers. -, is - wtl lm± , '; '95+-'(ar - t1twbitife"Wivis,� , Fv­­ I "I Pi - �` '11' i-��6tiv -supp' h ­�, �F -1�.' '' 4 d ay,,began tdree day4 of CaWIMADf3 coastak C homas,buf4t,al', " � I I 71j"i hydrtMt � iMWijfd'vthAt)a cold f, � 1. '*­�-ta er issues. ::)W 11' nn­��­is-,,t­ 4 , - ,'1 thir , -We have a racially " �-� -e-t� i - -!its,,w.ayi.i,,;i"--`-----'- ­ -1-H e Xity' lc�;,Cd.-,.',saidi.Wbrkers,1 � \,,,: ,,ely, , ' ' .4, -- _ - 17i­L.nQ ­ 1'' - -F.W.de k . o-meet. 'k oflir �4 poitiii�that ,�"'I*1� ��- lks on th tuidifig scandal'kamong oth �q,on , Qui. '*it - I i ,�-,7 i*, - I 2, ' I - P ,��froRt�ma i V 1 4i om all cials ih-Hanoi and'Vientiane 11�,� ��:��diveise"Supre-me Court,even if he is not my ,; . : ''Nelson Mandela,leader of the ANC,reiterated Temperatures Sunday soared into sweated to keep up with demand.1 . , I . 1 I ; . � I.. I I ­ li, , ' . according to the sources, wo­ carididAte',"the'giou p"s president,John E.^b,said-at -&�an'ils for Vlok and the country's defense ministelft , the upper 90s'and'triple 'digits in Thownipany has 16�01dnb�in-"West . I spoke on condition of anony . a news conference Sunday.. W . . Magnus Malan,to resign before the group would V New England, the middle Atlantic V0Va and Ohio. . . � I I -1 I ity. The schedule of his visit The position,arrived at after a daylong debate by I continue power-sharing talks with the government. , Coast and the Central Plains. The I I 1; . .1 I � was not available. '. .: ., . �mercury reached ,106 degrees in . "My men even work up a sw�at I � - . . the Urban League's representative assembly Saturday, , Inkatha and the ANC have been locked in a power - , I ' .A copy.9f, the photograph .reflects the ambivalence liberal civil rights advocates struggle that has claimed about 6,000 lives in the past. Salina, Kani .j Lincoln, Neb., and I in the freezer," said XcGuire, who :' ' five years. ,, , ,,..� I .. I � I . , man I was handed'to Vietnam's dele- feel about the nomination of Thomas,he said. , I I Beatrice, Neb. � � ,' , , i . ages the company's Milton, W. I . I gation at the United Nations. ' , Anestimated 15,000 people are attending the . 11 ­ � � I� . I - � : � I . I A respite:was expected as early Va., plant, which produces 120 tons-,i I ' . All three Ind ' convention of the 81-year-old social service o . � - I I I I I I �. I I I ,, a today as a cool front from Canada of ice a day. 1. I �. I ,�1-0� , I I -) I I ochinese nations ' 1. I I rganiza Atlantis set for Wednesday launch s ed south. ,� ,I I I � I deny, holding any American' tion. � I . . . � . I mov � "Business is fantastic,", he said.,,, 1. . , � - � I I I ' CAPE CANAVERAL,Fla.(AP)-NASA's count- � "The back of the heat wave is ."We're selling, everything we're , prisoners'. � 1� 1, , � . . Bush named Thomas,a 'conservative Republican' ,:'- I I , I F -, ' , I 1 . I I � I I I Refugees" guerrillas and federal appeals judge,to succeed retiring Justice 1. I down toward the satellite delivery and research mission broken," said Walt Drag, a National making." . I I I I � - -others. have emerged from Thurgood Marshall,a liberal who is now the court's- ,1 I of Atlantis proceeded without mishap today after I . ­1 .11, I . I I f . � . I - . I . -t I . � I , � Indochina in recent years car- I only black member.. . I . . ­ workers completed last-minute spaceship repairs. �: I ­� 11 -- � �I - 1,T­w�­�-�, � ',1,In"Mm"MOR" '11.I 1, "I" 11 I,���- I I � . . . I rrying bones letters I I Among other civil rights groups,the Congressional . . ... �, - 11 I I I I , - ,� ,� I I I ­ , ­ , 1 - I I I � , , ,,�-�­I-- i;_ � � . I I I " �, - - , maps, I %,. The routine repair of a crack discovered Sunday in , '-­'�',- , - I I I I ,, - I I .� I I 11 . I '' � , . - I I ��. . I � I Black Caucus opposes the nomin I � C I . 11 - I I , purported to be from Ameri- ation,while the 4 - I", ­ ­,11­ .11 : I I � �I I � ­ I I., - ,�,1- ,�,�� ;��.� I . a small support beam on the aft compartment floor 711-1 I—— I - I " �­� - , � " - �­­ � � - -; -1 1 , I . � I I �-1. -,-,*- - P , , ­ 11 - - I '-� ­� 11,��,�- ,,,� " I , - , - - I I did 11 ��; , ­:- . I I I �.i.-��­,'r­ �". � ­ , , -- " ­­- I :�'­ I :�'­ -- 111­�-�I , , �, , ­-­ - -----`----- :11 :- � ,­- - �­�,� -1-�-­I�I 1".. ­­11� -­., , - '­' �, I " -'Z- ',�';�,� ,0­ - ­` ,�` "�, , . ­.- , e,- -­ -­,",­­,�­�I., , ,- -,�"-"� � . - ­ 11 I , A�, '-'--- . can prisoners. They hope to National Association for the Advancement of Colored not prevent the countdown from starting as planned ,w�-�, �,r--,-.-,",--,--, . � �,,,, , W `, �, ,11-� ------, , , I People and the Southern Christian Leadership Confer- r�,�-.�,L-gl'-- .-�- -,i��-­ ­,�,1­1 ,I earn,a c grati- � .later that day. . 1:1� �� I,, - I ' ,, , �� . 'Aude from the United States, ence have postponed taking a position. , . � �. 1,.1. � ' . � an�d most.'of 'the material is . . I I ­ I I � 11 . � � 1­ :'Atlantis is scheduled to blast off with five *. .1 I . � . I I I � I ; I . � I found to be fraudulent. . I . I astronauts and a large communications satellite at 8:55 ; - .. . ­ , S.Aftica tries to contain scandal 'a.m.MDT Wednesday.It will be NASA's 42nd launch , . . The latest search will .in .. � 1.11 1, . 1,of a shuttle and the fourth this year. . ". . , : . I , . clud6 j a' general. crash I site , , JOHANNESBURG,South Africa(AP)-The I :, , - - 11 I � I . I I . investigation and one actual I government scrambled today to contain damage from a - , .Shortly after reaching orbit,Atlantis'astronauts'' � '.1 excavation.at a crash site, the scandal over its funding of the Inkatha party,and the, , will release the$120 million Tracking and DataRelay, , � . diplomat said. , . i� - � police minister indicated he may resign to take 11�I I I . Satellite.It is the fifth TDRS craft to be carried aloft by, ­�- , - 11 . . I - .--, . . � . I .I . 11 responsibility. - . 1. . . . I . .. I I � � � 1�.,a shuttle during the past eight years. . 11 I I I 1 '2 � I I I I . I � I� I �� I " � "., � � .i � - � I I ­ I . I , . I 1. . . I �. � I � . I ., I . I � I ' 1 " � � ' ' ' . Tired:'Bush ends one trip, pr opare& fora' nother I 3 . � 1. I I I . I ­ I . . - . -i ' . . I I . � I ISTANBUL,, Turkey (A-P) ' for Turkey and .Greece to resolve your southeastern frontier." That ship'i" , , I . I .1 0 11 . After. a grueling nine-day'trip, a. their 177year-old dispute concerning comment referred to the allied rapid At his last meeting with Ozal over ftk� . . I I , weary. President Bush headed back , Turkish occupation of part of Cy- deployment force stationed on the breakfast, Bush said, "I leave here . 11 i . ­ I , � I I I very optimistic about Turkey's fu- , . I I to Washington,today1acing a quick prus. , ,Iraqi border in Turkey. . I I .. I I - I turnaround-for next week's summit ,� "If the wall in Berlin can fall to Turkish President Turgut Ozal ture." I 11, . I :::....�.�.: .............io .. ................. .4. ��VI.4'.....*�*§ .000.0-IM 1 � :"­- ,�'..:,.k:�.:.:�.:.-.:�:�:�:�...:.:.::.. ...., "11�........-1 . "I."..",: -�ii� �,�i-izg*x�-�--i*i ����l.'Ii�*�,%*:i��%**;'?,"�'§.�,,,:i�.�- ..:,X,�-ifK*"X, X......... �..; in Moscow and the signing of a human brotherhood, so can ancient thanked Bush for making the two- From across the table, Ozal said, .­.; .., ­ . --::;,,-*,1,,,"'**,�, , -% , .. i�"�l:ini.11'.��llil$l�,��?.�l:.'",�� �:X<,*.,'�:�,,,�4' .��'��5�1;':��Xl. :��::$,;:."$�= - ' ' ,::: I .1&\ Nll� 1: �� -.,N .:.;.;.\.;�:-%,\- I .W.IN.M.'XI.,XS:1N1:-x&.,-*I....... ,� . ; . .. ,IN '. X ��\�1,1§ I , , i�i,:,.:I",\ . major nuclear-arms treaty. . , hatred on Cyprus," Bush said. day visit and said it highlighted the "I am very much satisfied"with-the ill ,.1�,ill"'i" - ,:­.nX­k:-:-%,:-:,-% i�-��.`-Rl-" I K. :`�. . .:.,...\.......I "�;-W,­-,�.. I "' -%.X-:-:�-MX-�X` k ..... . %:::*z§�:gN .. At-a brief airport ' departure, , , : In his departure remarks, Bush. "determination of our two countries outcome of the discussions with :........ . . 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'".:.i.!,". - .h i;gi�viiUiuJ GM. : .:j: :�i�.� 'Kurdish' r , I I ... I- - ........ .... . .. .... .. I . ,,,,,,,,..,,,,,,,,.,,.....,.,,,,...................-r........-....:', 11 . T � . ... .. ........ .... � ­�, SUMIMR 1991 . ... . ....... .... .: .. � ... . ...- - :j:: efugees ,from northern . Bush also pledged to "stand side .y ... ::::: I I .. . ................... ...:-.'.'.'.-::::��!�� I - � I I * * . � ,� I ........:i :::::j,'..., ................ ... :i: .. I , I I � 1, . ­ I . . . :i:�i��������]�iii����������];�;�������;��l�l���]�������������::::::::::::::::::::::::::::::::::..`,.A, :::::::!]�� ..... I .. ­...... I Iraq. , by side in maintaining an interna- * I . I i��i�ii�i��ii:i:il.�i ii��;��:;:�H��ii:�:!:iili:i:i................. .:::::::�:i:::�:i:::i:]:i:H::i:::3:i:�::.:.......:.::i:i:�:j: �:�i�i�i�i���i�:�i�:�i�:�...::�:iiii�i��§§�j�i��:!�: 1� .. I I I .. .............X.: :i:i�� . . ' .............. :-:-:-:-:...�!i ". , ' , . I :�:�:j:�:�:�:�:j:::j:�:j �i�ii:i���iiiii:�:�:i:iiii�E:::::�:i�ii���ii�i:�i��i�i�:�:�i�E���i�:�i�i�i����i�:���i]i:- i�]]�ii�::i�iE:� ........... ::;:�:j:::�: I � " � ..... ... .. ... .. . .. X I - . - .. .. ... � , .. , , �W"��: ::;:: �i�i� . . Bush also 'Made one last appeal. tional force to preserve stability on I . Dan Moore, Guest Conductor' �] ��' ix.-��iii;* :!:!:!!�!... � I . �,,� . I I . 11 I .. � *:::......:%:... ...... .: �..­. � . I . . � .. ....- ......... ....., " ... 1, - � - I " � -�E�ii�i?.-.-i;�:�i.. .-: -.-.-.-.* q � , � �i�i: ......�:::::::::::�:::::::::�:-:.:.:�:.:.:.:.:.:.:.�.:.:.:.:.:.:�������� , , " , r .. ... .. ..... .. ... -- - - i:i: �4i: �e; ' ..... _ ..i�i�! ...i�.... .. - - ** I ... . . .1 -- :::..............::..........::::::::;:.....................Ii- .xi��]�.... I � I I I .�::::;:::::::;:::i:i .. .. ......�........... ,.—..., I . I I I ,� - Bogert Band Shell I .. '1�i��Ii*��ii�iii :::::::::::::::::::::::::::::::::::i:::�iiiii��:�� I 1 : ­� . �' .� ...a,--�-.u.-.-:-�H & . I � .. - I I I I � i . I ��ii�i��i�iiii���. .. I 'll- . . I ., ,� � . . ���l�lil�ii��l:::::::::::::::::::::::::: 1. , , I . I I ��.: I � . ". I 1, X.. - , I I - I- ii��i��i�i�iiil. ;�;:�.a�t:;ilt.*;.i.."�.'.iiiiiiiiI 0 ::::::::, '��]�::::: I : �1' �!�� .. .; :::* :i ::: *::j:­, � ­'*'� .:17 . NOTICE OF PUBLIC HEARINGS - ' I .... . ....... .!::......�::. *.-..-:*i�]i�. 1. ..............;...: :.:!i::...!:;.:.:�i::...!.:�i.:...::i�ii�l. ..........'... %­....................`%­% ......X ­11%,"":"..".,,.,A..-- . Old-Unie Band Music , -iiiiii�!�ili��i�i�i� :.......1.1� I " . � I . ' ... ii]���lliiii�i����!�������;���i���l�]lil��l� .... . � '' . .,.`.:*..`.111...*�-� :::i:::i:::i:::i:i:i:::�:�:�:�:::�:i:::::i:i:: ) � '.,� PRELIMINARY SUBDIVISION PLAT REVIEW - 1� � � i�i�i�......1.�i�! , '­...... 111*1111-11, ��.`.".`.­.'.`,.":..."........ . � I- '.... .... I �i�ii�]��]��� �:i**i*Wsi'.����. �ii�i:�i�iii......................... : 11 i:��2:- ,�]��!* I I - - - NOTICE IS HEREBY GIVEN of public hearings to be held before ; and a variety.of iastx=entals - ��i�iii�i�ii�]�� I .... - - * , ...... ' ::::j;jX.`.,. I... ...� ""'" ..,. .........I I - I :-X.:-;-;-: .:.:.: XV--.1.,�ii�i�iiiii��!�ji�� I I . : � - I I i�i�]i�ii:�����i]����ll����]]����i::i ."�:�iii�i�i�:�i�iiii:�i�ii�ii��i��i�i�:��ii��]i:ii:�i�:�:�i�ii:i:i:i:i:i:i.....:�:i::: ..:.:.:.:.;.;;:;;:: .::j:�:::j:::::::j:::�' i the Bozeman City-County.Planning Board on Tuesday, August 6, 1 . - � . 1, iiii... -�..........�--& - ... .i:i:i:::i: ..'.'*..".4:""","",""*,"*"*,::,: ­ - ... . % . " ) I . . ......."I... ................ , ftj--b.:fgil�g- ... ..........................: - .:.,:... ...­........'id'.....t. ­..:i:i§:� ""', ........... ............% I I .....�........... .�!�.. ....... ­ I - iii�iiii�!�i��i�,i�������������������� M� . � :� : . . .. . � ' ... . ..- 1. - I�', .. 1991, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 '� ....,,,""',"O'11.J.id,- .�;� I wlots - :::.::::::::::::::::::::...:::�� :�:::�. ���!:��i;:;!::*:;:�., I '" j:j::; ]::::: ��i���i�������i���;���;�,�.-'j:�:�:�:i:::::::��iiiii: :iii:��i� , �. East.�Main; Street, and before the Bozeman City Commission on : I Inlesday Conce I .�iiii]llll�::::�::::�::::�iiii�::::�::::�iiii����������������i�i���������� .............-...,.-..::�������������������������i��� ::'...".: ................ I : . ............... . . . I . � I ....... ...%.%.%....%.. US W4 . I . """""""""**,:.:.:.:........,.,., ........... I - ...........: "*::,�::::::::::::::::::::::::: k:d:M .' .S1 .-.%%% - I .... ....... %"`,:",",,` , ....... Monday, August 19, 199 1,,at 3:30 p.m. in the Commission Meeting 11 � 1 -.­..,.,-`.," .. $3 """'-,"'. ,** . ..... .­............. .......... ......... ......`........`­---.--.----..'.% ...".... --..�i�����������������������i�i��iii�:�:���i�i�i���:�:�i�i�i�i�i� i�ii����: . I ..'..."........ .-..-!.....'.�.*......*.*..-'.-'. � .....-.......%. ... .., - -- I ............................. ........ ..............��l�������l�����i����������i:iiii�i�i�iiii:ii�:����i��:��i!i�i.:.:.:.i.l..... � I . ...:;: ... .... .,::,-,:�:::::::::::::::::::::::::.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:...i: I . .... .......Ii�i���������������������i������iii:iii�iiiiii��:iiiiii���ii:!..'.... ' - . . . " .. : .............-, : : . Room, City Hall, 411 East Main Street, Bozeman, Montana, to , . 11 . 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X X County Planning Office, 35 North Bozeman Avenue, Bozeman, Family'Picnwfs before concert§ encoura ed .,.:: ::::::::::::::,, ::::,:�i�:�:�:�i.�.� .. .:.:.:.:.:.:;.:.:,:*,*i:::�:::::i:]:�:i:i:::i:::�:::i:�:- : ....... ::::: ... :::::::*,...,::::::::::..:.:.,:.,..:.::...:.:.:.:.::.:.:.:.:.:.:.: ::::::����::�i�i�i��ii!��i!�����ii! ;::"::... ......... .%...%..... .1 :.... 11 I . 9 .*'..,,..:.:.:.:..............::.:.... .............................������������������i�������:�����:��.:.:.i::::::.:.::..:.:.:.:.:..:--:.:;::.:;i*i*::::::, , , ....... .: . I I � I i -.....:::::::::::::::::::::% .:.:.:.: .................................. ... %:�iii�]�i���i�iii�iiii:i I - .. .....i:i: :�.:.::::::�:::::i:::::::i:]::D,*:::.i:::::� ... Montana, 586-3321, Ext. 227. - � . I .1 I � I A ....,:.:...................................... .. 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'" .... :;::,:,:,:,,,,,,,,, ::�:�:�:�:�:�:��.--.-�.:: :::::::: :::.:::::`:::::...........:...­:::::::1 , . , .. ..:::: ;. :::::::X.­:::::--:-: ......... .......... :: :::::: :.:..,:::,:::::::,..:::;:::::::::::ili: .............................. .....����-,.�-.���.....��:::.:::::�::::::;:::::::::::::::::::::::::::;:::::: ::::::::::::7:. ::::::::: * - ::::: *** , :, :��:::j:�:��... .. : . . :::::: ,, :::::;:..................:,:,::.,:::,:.:,::::: : ::::::::::::::::::::::::::::::::::::: .... --iii :%:::::;;:::�; :1����i����...........................................:: : :. iiiiiiii$--.*..'..'. , I I I ­ , .I . . :: .. . . , ::::::::::::;:::::: ::::::::: .. ' � ::ii:::::: i�.��iiiiiiii-......-'.-..-ii�ii-i i i-i-i�i:�i i��,'---,.���: : ,.% I � � � I I . I � :::: ::::::. : : I . I , ­ , BoZeeman I , :::::::: :::::::i�::::::....::::::::::::::"::.:: ::::: : Planning Director I I - . . ':::::::::: :::: : :::::: ::::: : I . I I,::::::: : :::: : ::::: : :: :::::::::::::: :::::: - : : ,::::::::::::::::::::-:-:- . -I 0 ::.::.::.::.::::::: I ::::... : :::::.;..:.:.:.:.:,:::::::::::1 . N.........................::::::::::::::::::�:.:.:.:.:.:.: . :::::::::::::::::....::::.::.,:;::::::::::;::::::::::::::::.:.:.:.:::::::::::::.:..:.:.::::::::; ..::::::::::."::::::::::::::::::::::::::::::::::,.:::�:::::::::::::::: ::::;:::.::::::::....1::..`::; .: .::x :. . X :,.. , I . . I 11 . I I � . I . I - ; . I . . I 1. . . 1, :. � I . i I ,� . . I � 11 , I . I I I 1, I I - I - 1 I 14r, .. - -I � . .. �. � I I ", �; I I . I t� �11. I r, . - . �., � I . � . �I- . I I � -. I . � . . I I- ,� I J I � � I � . I r , � . 1 , � I I - I . 1. � . I .� I . k ­- - - ­ - - - --- ----- --------- - - - - - - ---- --- - - . - - � - ­ -- ------ ----- -------- - -- --- ---- BOZEMANO 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 MEMORANDUM TO: AMANDA CATER, PUBLIC OPEN SPACE & TRIALS JIM COLE, MONTANA POWER COMPANY SAM GIANFRANCISCO, GALLATIN COUNTY ROAD OFFICE GARY GRIFFITH, SCHOOL DISTRICT NO. 7 GORDON HILL, SOIL CONSERVATION SERVICE BRAD JOHNSON, BELGRADE FIRE DISTRICT DAVE MILLER, . FEDERAL HIGHWAY ADMINISTRATION - -- - KEN RAPP, MONTANA DEPARTMENT OF HIGHWAYS _ .... __ _.TIM READ, GALLATIN COUNTY SANITARIAN DICK VINCENT, MONTANA DEPARTMENT OF FISH, WILDLIFE & PARKS FROM: DAVE .SKELTON, BOZEMAN CITY-COUNTY PLANNING OFFICE RE: WALKER PROPERTY SUBDIVISION DATE: JULY 3, 1991 ----------------------------------------------------------------- Attached please find the preliminary subdivision plat submittal for the proposed Walker Property Subdivision located in the Northeast 1 /4 of Section 25 , T1S , R5E , M. P. M. , Gallatin County , Montana. The subject property is more commonly located at the northeast intersection of Springhill Road and U . S. Highway No. 10 . The developers , Beatrice and Sue Taylor , are proposing planned unit development subdivision which incorporates a mix of residential single-family dwellings along the East Gallatin River and commercial development at the intersection of Spring Hill Road and U . S. Highway No. 10. The Planning Staff respectfully , requests that you provide written-review comments on the proposed subdivision to incorporate into our staff report before the governing bodies . Your comments on the project are crucial to the Staff ' s recommendation . Please return your written'-review comments, with attached subdivision plat enclosed , to the Planning Office by Tuesday , July 23 , 1991 . If you have any questions regarding the proposed subdivision don ' t hesitate to contact the Planning Office. Thank you for your assistance. DS/dps Attachments f 0 Mrs. Beatrice Taylor. Post Office Box 3870 Bozeman, Montana 59772 May 2, 1991 Mayor Bob Hawks City Hall P. O. Box 640 Bozeman, MT 59715 Dear Bob: On March 18 the City Commission approved a zone change amendment for the old Walker property owned by Susan and myself. This entailed a change from A/S to areas zoned R2, R3, B 1, and R/O. One stipulation was that we submit the meets and bounds descriptions within 30 days. We have been unable to comply with this timetable, due to the fact that the Federal authorities have yet to approve the final design for the 19th Street Overpass where it meets Springhill Road. We hereby request an extension until such time as the final design has been approved and boundaries have been set. Yours truly, Beatrice R. Taylor cc: Andy Epple, Planning Director I c�f i r ITEM BOZEMAN CITY-COUNTY PLANNING BOARD STAFF REPORT ----------------------------------------------------------------- ITEM: ZONING APPLICATION NO. Z-9113 -- AN APPLICATION FOR A ZONE MAP AMENDMENT FROM "A-S" (AGRICULTURE-SUBURBAN DISTRICT) TO "R-2" (RESIDENTIAL , SINGLE FAMILY, ' MEDIUM DENSITY DISTRICT) , "R-3" (RESIDENTIAL, MEDIUM DENSITY DISTRICT) AND "B-2" (COMMUNITY HIGHWAY BUSINESS DISTRICT ) APPLICANT: SUSAN R. TAYLOR AND BEATRICE R. TAYLOR P.O. BOX 3870 BOZEMAN, MT . 59772 DATE: TUESDAY, MARCH 5 , 1991 , AT 7 :00 P.M. 'IN THE MEETING ROOM OF THE MUNICIPAL BUILDING, 411 EAST MAIN STREET , BOZEMAN, MONTANA REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ---------------------------------------------------------------- Location/Description The property in question is identified as being located in the West One-Half�of the Southwest One-Quarter of Section 25 , T1S, RSE, and the ''East One-Hal fl of the East One-Half of Section 26 , T 1 S, R5 E , M. P.M. , Gallatin County, Montana. The subject property is located just. south ._of�RiversideTCo'untry Club, east of the City of Bozeman Waste Water , Treatment P1'ant-, is- bound along the east by the East Gallatin River and along the south by Highway No. 10. Please refer to the location map below. CkAb l � . -O Taylor North t. 4$W Propexty E Gl� t Proposal The applicants, Susan Taylor and Beatrice Taylor,_propose to j: amend the Bozeman Area Zone Map for approximately 57 . 10 acres of land currently zoned for "A-S" , Agricultural Suburban, development. The zone map amendments would designate approximately 3 0- acres 7. r ,.. of land as �8-2-" , Community Highway Business District, 7 .4'4 acres as�`_R 4 , Residential-Single Family District, and 1} 1 . 66 acres as R-3"' , Residential-Medium Density District. ��,The _applicant's propose to concentrate a commercial developmental node in close proximity to the intersection of two ke arterial roads, Springhill Road and U . S. Highway No. 10, mixed] with a �variety.of single family residential lots located along the East Ga llatin River. The applicants contend that the construction of a new 7I-90 i ntercha g for Boz_e_man i n the-area of the proposed zone map amendments would lend ;further suppgrt to developing the subject area as a commercial node that offers limited commercial services to the surrounding area. The applicants' master plan of the area is to develop a mix of residential single fami l,y homes_a1.ong_the East Gallatin River while maintaining approximately�87 . 6-5 acres of the property in agricultural-"use. The agricultural land is intended to serve as an open space buffer and Ct'ranstiona,l area between the residential area-and`'the commerc s ial ues along Highway No. 1.0.The_38,..0 acres designated for commercial use will include businesses_common to the "B-2" , Community Highway Business district, as well as professional. offices to the east of the new I-90 interchange. Background The subject area is located within the jurisdictional_ area_7 of the Bozeman City-County Planning Board. It is also located within the service boundary of the existing sanitary sewer system. However,;the proposed zone map amendments are located beyond--the. one mile limit of the Bozeman Interim Zone Code which may extend one mile tieyond�the City limits of-Bozeman . Therefore, the zone map will�be interpreted and eval ua ed against the `1(988, Bozeman Area Zone Code. The surrounding area is zoned as follows: North - "AS" , Agriculture Suburban District, "RS-1 " , Residential-Suburban Country Estates District, "R-1 " , Residential-Single Family-Low Density District, "R-3" , Residential-Medium Density District. South - "AS" , Agriculture Suburban District and "M-1 " , Commercial-Light Manufacturing District.. East - "AS" , Agriculture Suburban District. 2 •__ I 0 • West - "RS-1 " , Residential-Suburban. Country Estates District and "AS" , Agriculture Suburban District. Staff Findings The Planning Staff has reviewed the proposed Zone Map Amendments as they relate to the twelve criteria for the review of Zone Map Amendments as established—in Montana Statute, and provide the following comments: 1 . Is the new zoning designed in accordance with the Comprehensive Plan? The Land Use classifications of the 1990 Bozeman Area Master Plan Update designate the subject property"_,to_deve.l.op as Lr- -- �.�-----, , - Public Open Space, S-�—uburban Residential and 'Commercial__ The "Public Open Space" land use classification depicts a conceptual network of linear parks and trails throughout the Jurisdictional Area and beyond . However, specific elements of the network of linear parks and trails as depicted are not necessarily in public ownership at this time ; they are shown on the Land Use Map only to illustrate the community 's expressed desire for a wide range of outdoor recreation activities in natural settings. The East Gallatin Rives a designated stream corridor, is depicted on the Land-Use Classification Map as a "Public Open Space" corridor . The community' s expressed desire for a wide range of outdoor recreation activities in natural settings along these linear parks and trails would be adequately addressed during the pu61'ic review process for any p el mi a y subdivision plat or`planried--unit`'develop nt proposal of the property. The intent of the ' Suburbanr Res' dent al' classification is to permit the subdivison--of-l�and at a variety of densities while insuring an overall density and configuration of development that will accommodate the extension of urban services at an affordable cost to each dwelling unit. Within the area generally delineated as "Suburban Residential " , ithree land' development options are available 1 . At "Rural Residential " density of one dwelling unit per twenty acres, until urban services become available. 2 . At "Rural Residential " density utilizing the sliding scale density bonus procedure. Subdivision of the open space remainder of the clustered parcel may occur when urban services become available. 3 . At an average gross density not less than one unit per acre, nor greater than six units per acre, provided 3 araeas+^ s.�-.^+¢-....-der'•:e-'--•..orra-.m....-mm^^.w...sn--r-.^�-vanssimr-+..�•.^.�-�-.•-.+..•�.....m-....enwrs.+.-.wvw^,.s+¢s'-:si-+r..-.:?+.tr+.-;r..r._^—.�-...^T^...,-.-.,.,-_..1:""""...t.ir'�':"'!�,� r the development is designed utilizing a P. U. D. procedure. Appropriate assurance must be provided by the developer that an equal share of the cost of all urban services that may be eventually provided to the development will be paid by every property owner within the P. U . D. The applicants' proposed master p , plan to ricorpora, to _a 'mi xed I planned unit_development o� residential with commercial and rof essional offices would be in accordance with the Comprehensive Plan for the proposed "R-2" and "R-3" zone map amendments by utilizing„ hand development option number three �.....�. uar '—yes` �— ra. ..t` a`nd-the appropriate P. U. D,.�,pr.ocedures. j � ..�..� - _ __ e "Commercia nd use classification is intended for those eat' re the most intensive types of commercial and high density residential development may take place; while "Commercial " areas may --include e.ither commercial_ or , multi- family development, adequate but controlled access#to arterial streets is essential the commerc izi areas are intended to develop as the major commercial and service activity centers- t of the community; _ residential . densities may range o. _27 dwelling units per acre! The applicants have requested that 38. 0 acr_es4of agricultural land be rezoned to "B-2" , Community Highway Business District. The pr__i_nci.pal _and—condi'tionaI—use"sr listed in the "B-2" district provideees`for a�'broad­range '"of retail and commercial services typical of Main Street and North 7th Avenue.Uses permitted in the "B-2" district range from financial institutions and motels to post .offices., gas stations and vehicleland boat sales, showroomsand service area (Please refer to Attachment "A") —The- 'enti al and approp i ateness of such a broad range o commercial uses developing on the subj"ect'area is questionab el when considering the character and density of the surrounding area. This would suggest that the "B1 " , Neighborhood Business District, and LR-O ; Residential Office District zoning designations, should be-considered by the applicants instead of the "B-2 The intent of the "B-V district is to provide for small retail and service activit"ies frequently required by neighborhood residents on a day-to-day basis, while still main_taini,ngf, a residential character. The t'RRO"district is to provide ;for and encourage the development of professional j o`ffices, business headquarters, and compatible multifamily and apartment development that would blend will with adjacent land uses. 5T1 The intent of the "B-1 " , Neighborhood Bus ess District and/or "R-O" , Residential Office District nd a stronger prerequisite than the "B-2" , Community Highway Business District, to successfully limit the types of commercial uses that, are permitted yet `sensitive to the surrounding 4 4 environment and residential character of the area. 2 . Is the new zoning designed to lessen congestion in the streets? The subject property is currently i,n_agricultural use and does not have any existing internal streetsf for residential or commercial development. With the recent improvements by the,, Montana Department of Highways to Springhill Road, ajportioni of the road which passes through the subject property will be incorporated into the development of the site. Any proposed development of the property would be reviewed through the preliminary subdivision plat or planned unit development� review process to assur_e. hat -an _adequate transportation system is addressed for both the site and - the surrounding area. It should be noted again that the new I�90. interchangefor Bozeman is proposed thr�gh the area of the applicants' zone map amendment requests. Development of the property will need to take into consideration the impact of the proposed interchange as it the vehicular circulation patterns in the arejnfluences 3 . Will the new zoning secure from fire, panic and other dangers? The regulatory provisions established in the Bozeman Area Zone Code,in Tconjunction with the provision for jadequate� transp_ortation facilities should adequately address these• c con erns. _Local agencies providing public and private services will have the opportunity to comment on development of the property during preliminary subdivision plat and planned unit development review. 4. Will the new zoning promote health and general welfare? The residential and commercial development of the proposed zone map amendments will require (rr`ev i ew and app ova-` by the County Sanitarian, Director of Publ"ic` Service and~the Montana Department of Health and Environmental Sciences. Prelmi indications 'by the developers suggest the use of private findieidual and/or central on-site wells for domestic water and access to the City of Bozeman's public sanitary sewer facilities. Portions of the ,proposed residential zone map amendments will infringe_ on the floodway�of the East Gallatin River. Review 6y the County and City Floodplain Officers will be necessary to assure that any development of the area will not be impacted by the East Gallatin River. Will the new zoning provide adequate light and air? 5 The regulatory standards of the Bozeman Area Zone Code, including minimum lot size, setback requirements and building height restrictions should insure the adequate provisions of light and air. 6 . Will the new zoning prevent the overcrowding of land? The minimum lot size restrictions for each of the zoning district designations also sets forth the maximum area of each residential or commercial lot that may be developed. In addition, the open space requirements of the planned unit development, dedicated subdivision park land and setback requirements should prevent the overcrowding of the land. 7 Will the new zoning avoid the undue concentration of population? As with the provisions to prevent the overcrowding of land , the regulatory standards of the zone code, planned unit development criteria an•d preliminary subdivision plat review should prevent the undue concentration of population. Qr8 Will the new zoning facilitate the adequate provision of nsportation ,' water, sewage , schools , parks, fire, police and er public requirements? Municipal facilities and traffic related issues will be addressed through the preliminary subdivision plat and planned unit development review. Private central or individual on- site water facilities will be reviewed by the County Sanitarian, Soil Conservation Service and Montana Department of Health and Environmental Sciences. Agencies providing public or private services will have the opportunity to comment on any development of the site during the subdivision review process. No significant impacts have been identified' at this time which will prohibit the above services from being provided. 9 . Does the new zoning give reasonable consideration to the character of the district? As noted in the app 1 i cants' nar_r_at;i ve, the .proposed_zone map amendments are in -response to the new I-90 interchange{ at the intersectio of Springlii'1xlRoad and Highway No. 10 . Prior to the adoption of the 1990 Bozeman Area Master Plan Update and the new interchange proposal , the subject area was designated to develop as Low Density�Residential ands Medium Density Residentia'lt. With the proposal of the I-90 interchange the `development of a limited commercial node, sensitive to the surrounding environment and residential character of the area, would_ be a logical response—to—the new 1990 Master Pyl_an Update.._..._-"` _._ . -- --- r�._.. _. - ---- 6 Y 10 . Does the new zoning give reasonable consideration to the peculiar suitability of the property for particular use? The applicants have attempted . to respond to the environment of the area, as well as the I-90 ni terc tee;b° osing three zone map amen ich'will allow . 65 acres f the developers' 144 . 75 acres land , or 60 . 55%, to remain in agricultural open space. The remaining 8 6b acres of agricultural land, serving as open space, would further serve as a buffer or transitional area between any proposed residential and commercial development. Development of the property through the planned unit development process would further protect the environment and residential character of i' the surrounding area such that compatibility -is adequately I.. addressed. 11 . Was the new zoning adopted with a view to conserving the value I of buildings? As noted before the ' _ `� � property i s�currentl y i n agri.cul tura.l_use w.i•th--no - sfgnif�icant`-'structures other than the applicants existing residence a future residence currently under construction and the old Baxter homestead site along the western edge of the property. Development of the subject property should not significantly impact the value of existing buildings in the area. 12 . Will the new zoning encourage the most appropriate use of land throughout such county and municipal area? The 1990 Bozeman Area Master Plan Update recogn),zes_the-need two .d s gnate land for commercial �development in close proximity to`the new J-90 interchange. However, Goal #8' - Environment, Aesthetics, and Natural- Resources of the 1990 Master Plan Update encourages the pr m tion and stimulation of the development of businesses that complement our community's goals, exemplify creativity in construction design to complement the surrounding land and beauty of the area, and encourage a strong business-community relationship through creative building and landscape design. The a -in question; and the surrounding area that would be"impacted _by any development, would be better served if the proposed zone map amendment was for "B-s and/orb"R", rather than "B-2" . The principal and conditional uses listed in the "B-2" , Community + Highway Business District, offer _a_range_ of commerc ial- uses common to the_ entryways and commercial strips of Bozeman. i Another commercial strip beyond the city limits would not serve the best interests of the surrounding area or the i community in general . Conclusion The Bozeman City-County Planning Staff has reviewed the 7 ...r--e+r+.R;^."^.:"".}'x",�-,^^..s^IR:r, n^.....r....�.....,.....,....—...,........�._...-.....qT..�,.........±1•.T,....,7•�:T--»»--.... _ . - __-__- ..:,-r..-.._..,.�.^.^+..:'9Ya'�!►'t":TvvsT.^..^^. ^"'^'-.v+'+.n.»«ty_".r+rr.i�?ast I 0 applicants' request for the three zone map amendments, and as a result have found that the application generally compliments the Land Use Classifications of the 1990 Bozeman Area Master Plan Update. However , the Planning Staff offers the following comments to the Bozeman City-County Planning Board. Section IV of the 1990 Master Plan Update which provides the Goals, Objectives, and Implementation Policies of the community begins with an acknowledgement recognizing the beauty of the City of Bozeman, the Gallatin Valley, and the productive agricultural lands as valuable resources. Because the area is truly unique and fragile, additional anticipated rowth may endanger some of the Valley's natural resources. As a result, the success of the Bozeman Area Master Plan will come about through protecting the natural beauty, pristine nvironment, and healthy agriculture. Numerous goals and objectives respond to this. The proposal to rezone 38.0 ac_r_es. of land__as "B-2" , Community Highway Business District, provides the potential-.of creating a business commercial strip Icommon to existing city densities and acti ities currently found along North 7th Avenue and Main Street. r Although this is not the intent of the applicants, T the "B-2 proposal should still not-be considered a sensitive) response to the- existing residential* and open space character f the 'surrounding area._ Because the subject area will develop as a new entryway into the community , it becomes even more imperative to recognize the sensitivity of the area when developing the area in question. As a result, it would appear that development of the commercial area would be more in keeping with the character of the surrounding area if the 38.0 acres requested for "B- 2" , Community Highway Business District, was instead developed with uses allowed in the "B-1 " , Neighborhood Business District, or a mix of "B-1 " , Neighborhood Business District, and "R-0" , _ Residential-Office District. Construction of the I-90 i.nterchange � could potentially serve as the boundary between the "B-1 " and "R-O as depicted on the applicants' vicinity map for the zone map amendments. The concept of an "R-O" designation east of the I-90 interchange would still be in keeping with the applicants' master plan which is to develop it as professional offices. With the ability of the 7 . 44 acres proposed for "R-2" , and the 11 . 66 acres proposed for "R-3" to tie into the City sanitary sewer infrastructure, as well as respond to the floodway of the East Gallatin River, address the groundwater depth of the property and respond to the P.U. D. procedures, the applicants' request for the residential zone map amendments would satisfy' the -strategies of the 1990 Master Plan Update: Therefore, the Bozeman City-County Planning Office recommends 8 �I • to the Bozeman City-County Planning Board approval of the request for a zone map amendment of 7 . 44 acres from "AS" , Agriculture Suburban District, to "R-2" , Residential - Single Family - Low Density District, and 11 . 66 acres from "AS" , Agriculture Suburban District to "R-3" , Residential - Medium Density District, but denial of the request for a zone map amendment of 38. 0 acres from "AS" , Agriculture Suburban , to "B-2" , Community Highway District. The Bozeman City-County Planning Staff would recommend approval of an consideration of a zone map amendment to "B-1 " , Neighborhood Business District and/or "R-0" , Residential-Office District, for the same area proposed for "B-2" , Community Highway District. Any motion to approve all or a portion the applicants ' request for the zone map amendments should also include a motion requiring that the applicants provide a legal descript-ion of each zone map amendment describing the meets and bounds by a licensed Montana surveyor within thirty (30 ) days of Bozeman City Commission approval .' i 9 Y' Attachment "A" CHAPTER 18 .30 �. B-2 COMMUNITY HIGH6vAY BUSINESS DISTRICT Sections : 18.30.010 Intent. 18 .30.020 Permitted uses. 18 . 30 .030 Lot area and width . 18 .30 .040 Lot coverage. 18 . 30.050 Yards. 18 . 30.060 Building height. 18 . 30.070 Off-street parking . 18 . 30.080 Off-street loading . 18 .30. 010 INTENT The intent of the B-2 community highway district is to provide for a broad range of retail and service. functions especially those needing orientation to major thoroughfares. 18 . 30.020 PERMITTED USES Permitted uses in the B-2 district are as follows: 1 . Ambulance service; 2 . Antique sh.ops; 3. Art and music supply stores; 4 . Barber and beauty shops; 5 . Bowling alleys; 6 . Car washes; 7 . Churches; 8 . Conditional uses .provided in Chapter 18 .52; 9 . Equipment sales and service; 10. Financial institutions; 11 . Fire stations; 12. Food and drug stores; 13 . Frozen food storage and locker rental; 14 . Furniture stores; 15 . Health and exercise establishments; 16. Hotels and motels; 17 . Gasoline service stations; 18. Laundries and dry cleaning establishments ; 19 . Liquor stores; 20 . Mortuaries; 21 . Post offices; 22. Professional and business offices; 23 . Research and development institutions; 24 . Restaurants, cafes and drive-in eating establishments; 25 . Signs; 26 . Sporting goods stores; 27 . Temporary buildings for and during construction, only; 28 . Theaters, except drive-in theaters; 29. Uses customarily accessory to those listed; C 30 . Vehicles and boat sales, showrooms and service areas; 31. Veterinary clinics; 06-88 -44- V' 32. Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) ; 33 . Wholesale establishments that use samples, but do not stock on premises; 34 . Water pumping stations; 35. Storm water drainage facilities ( including collection lines , retention/detention ponds and drainage ways) ; � . 36 . Sanitary sewer and storm sewer lift stations; 37 . Local service telephone lines and cables; i . 38 . Local . service electrical distribution lines and cables ; 39. Local service cable. television lines; 40. Local service electronic data transmission lines and cables; 41. Water and sanitary sewer distribution and collection lines ; 42 . Public and amateur radio antennae and towers; 43 . Police stations. 18 . 30. 030 LOT AREA AND WIDTH Lot area for the B-2 district shall not be less than seven thousand five hundred square feet and no lot width shall be less than seventy-five feet. 18 . 30.040 LOT COVERAGE In the B-2 district, the entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings . 1 18 . 30 . 050 YARDS Every ' lot in the B-2 district shall have the following minimum yards: Front yards 25 feet Rear yards 10 feet Side yards 8 feet each side 18 . 30. 060 BUILDING HEIGHT Maximum building height in the B-2 district shall be thirt -two feet. 18 . 30.070 OFF-STREET PARKING In the B-2 district, off-street parking shall be provided in accordance with Chapter 18.62 . 18 . 30. 080 OFF-STREET LOADING In the B-2 district, off-street loading shall be provided in accordance with Chapter 18.62. 06-88 -45- I a �. . • .• • • I - _ •t .(: .. - '.i:. .. .. ... � � ... .. .. .. • �•., rr ��t ., ' r .} f ;• f �-• City of Bozeman 02193 Receipt $ � Bozeman, Montana 7- 9 19 _ Received of Y the sum of Dollars n n for (i �� By r ' - l - City of Bozeman 02193 Receipt $ d; Bozeman, Montana.- �- q 19 Received of _ Dollars' �thelsum of _for �... 3; By .• Nr �ea � Nhh �. a V' .� I I • �: ''r' DECLARATION OF RESERVATIONS AND PROTECTIVE COVENANTS THE WALKER PROPERTY A PLANNED UNIT DEVELOPMENT, GALLATIN COUNTY, MONTANA Susan R. Taylor and Beatrice R. Taylor, hereinafter named as Declarants, being the owners of all of the privately owned land included within the boundaries of the herein described subdivision, hereby adopt the .following Declaration of Reservations and Protective Covenants for the Walker Property for the benefit of the owners and to protect the aesthetic value of said land. Declarants also hereby establish a Walker Property Owners Association, hereinafter referred to as "Association" and a Design Review Committee, hereinafter referred to as "Committee", both hereinafter defined. The following Declaration of Reservations and Protective Covenants of the Walker Property Owners Association shall be binding upon and inure to the benefit of all those certain lots of land described as the Walker Property and also shown as a portion of Tract 1 of Certificate of Survey No.1498 and Tracts 2, 3, and portions of Tracts 1 and 4 of Certificate of Survey No.1498B, situated in the NE 1/4 and SE 1/4 of Section 26 and the SW 1/4 of Section 25, T1 S, R5E, PMM, Gallatin County, Montana. These Covenants replace the Declaration of Covenants and Restrictions filed August 17, 1990, film 112, pages 1265 & 1266, in the Clerk & Recorder's Office, Gallatin,County, Montana, Declarants being sole owners of properties covered by such covenants. 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 actual costs incurred and to reasonable attorney's fee as set by the Court. Any lot owner, Declarant, Committee, or the Association may enforce these Covenants. For purposes of this document, each unit owner of a multi- B-1 family unit located and constructed on Lots 2, 3, & 4, Block 1 shall be considered a separate lot owner. The failure by the Declarant, the Association, or of any 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. hivalidation of any one of these covenants by Judgment or Court Order shall in no way affect any of die 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 lot 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, covenants, and by-laws herein contained without setting forth such restrictions and covenants verbatim or in substance in said deed. However, all of the above-described real property and lots shall be subject to the restrictions, covenants, and by-laws set forth whether or not there is a reference to the same in a deed of conveyance. Setbacks and Easements A 50-foot building setback along U.S. Highway 10 will be maintained as described by the 1990 Bozeman Area Master Plan Update and/or its future amendments. A 10-foot public easement will be granted within the 50-foot setback along the north side of Highway 10 and along the east side of Springhill Road to allow future construction of a bicycle/pedestrian path. Construction of said path shall be at die discretion and expense of Gallatin County or their assigns, but shall be subject to approval of the Committee. A 1-foot no-access strip will be located within the 50-foot setback along the north side of U.S. Highway 10 and along the east side of Springhill Road in recognition of the fact that both are limited access arterials. Not included in this restriction are accesses previously granted by the Montana Department of Highways or the Gallatin County Road Office. Such accesses may be built as needed or relocated with permission of the authorities involved. No additional accesses will be obtained. B-2 A 60-foot wide right-of-way for die construction of Campbell Road, Gibson Drive, Kean Drive, and the realignment/continuation of Reeves Road will be constructed by the Declarants at their cost and dedicated to the County. A 100-foot habitat preservation setback must be maintained along all river frontage. No building or improvements may be made within this setback without express permission of the Montana Department of Fish,.Wildlife and Parks. Easements for utilities exist along the north side of Highway 10, the east side of Springhill Road and along all interior roads listed.above. An easement will be reserved on the southwest corner of Lot 4, Block 4 for the construction of a ground-mounted directory.sign. Said sign will be subject to approval by the Committee and the appropriate governing bodies: No dwelling or improvements nor any material, equipment, or refuse shall be placed on any part of said property within the area of the easements reserved as indicated on the plat of the property filed in the office of the Clerk and Recorder of Gallatin County Montana, or the easements reserved and created in these Protective Covenants. Land Uses The size, height, and appearance of buildings, signs, parking areas, fences, and landscaping are subject to-review by the Committee and are governed by the Walker Property General Architectural Character and Landscape Guidelines and by all covenants pertaining to the Walker Property. No temporary structures will be permitted on any lot except that one temporary building may be used on any lot during the course of continuous construction, not to exceed one (1) year from start of said construction. Residential One single family dwelling, i.e. one living unit in a single building, per lot may be constructed on Lots 5, 6, 7,. 8, & 9, Block 1. Multi-family units may be constructed as follows: a total of four (4) dwelling units may bd built on Lot 3, Block 1; and eight (8) dwelling units on each of Lots 2 & 4, Block 1. There will be no more than a total of twenty (20) dwelling.units on these three lots combined. B•3 In addition to the dwellings, there may be added private garage and outbuildings incidental to the residential use of the premises. Any buildings and improvements must be approved by the Committee and comply with applicable City and County regulations. No building can be used as a dwelling until said house is completely enclosed and the roof is on. No residential building lot shall be used as a location or site for the conduct of any commercial or industrial enterprise or activity, with the exception of "cottage industries" which may be permitted provided there are no signs or external evidence of a commercial venture. Commercial The following lots shall be used for commercial purposes. The permitted uses listed below, for the lots listed, are intended to provide a comprehensive selection of uses which will provide for an agreeable mix of business and professional offices and a variety of neighborhood conveniences. Lots 1, 2 & 3, Block 2; Lot 1, 2 & 3, Block 5 Business and professional offices Medical offices Dwelling units on second storey Community social center Churches Day care center Delicatessen and catering establishments Essential services (type II) Health and exercise/fitness center Interior decorating office Photographic studio Restaurants Restaurants serving alcoholic beverages Tennis and racquet club Travel agency Fences, signs, refuse containers Parking areas Private garage for offices and apartments B•4 Such other�similar or essential uses as approved by the Committee and by the appropriate City or County authorities Lot 1, Block 3; Lots 1, 2, 3, & 4, Block 4 Convenience food store with gas pumps Day care center Dwelling units on second storey Food stores to include: Bakery for on-site sales, less than 4,000 square feet . Delicatessen and catering establishments Grocery stores Food and beverage establishments to include: Bar (tavern, cocktail lounge) Convenience food restaurant Restaurants Restaurants serving alcoholic beverages Personal and convenience services to include: Automotive service station Banks and other financial institutions Barber shop Beauty parlor Car wash (single bay, associated with service station or gas Pumps) Community center or meeting hall Dancing, music, or theatrical studios Dry cleaning and laundry establishment for drop off/pick up service Game room, pool hall 1 Health and exercise/fitness center ' Interior decorator's shop Laundromat, self-service Medical, dental, or health clinic Photographic studio Shoe repair and shoe shine store Travel agency Video sales and rental Watch repair shop Retail uses.to include: Antique shop and service B-S Apparel and accessory shop Art gallery Art supply store Audio visual equipment sales and rental Bicycle sales, service, and repair shop Book and stationery store Candy and ice cream store Computer store Drug store Dry goods and notion store Florist Garden supply store, indoor sales only Gift shop Grocery store,including retail markets and produce store Hardware store Hobby shop Jewelry and metal craft shop Leather goods and luggage shop Liquor store Music and instrument sales, service, and repair shop Newspaper and magazine store Photographic equipment and supply store Picture frame shop Shoe store Sporting and athletic goods store Toy store : Variety store Churches Professional and business offices Tennis and racquet club Fences, signs, refuse containers Accessory structures Temporary building and yards incidental to construction work Parking areas as required Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities Open Space Lot 10, Block 1 has been set aside as open space which may be used as pasture, with perimeter fencing as approved by die Committee, but such lot is owned B•6 solely by Declarants or their assigns. Construction and maintenance of fencing of said property shall be the responsibility of the owner. Lot 1, Block 1 has been set aside as non-developable open space which is owned solely by Declarants or their assigns. Said lot will be left in an unimproved condition for wildlife habitat. Therefore, owner of said lot shall not be I considered as a lot owner for purposes of this document and shall not have voting rights nor be be subject to assessments by the Association. All land not platted as a lot or granted for easement purposes shall be designated as commonly-owned Open Space and shall be conserved as active farmland and passive recreation land for the benefit of the property owners. .This communal land is set aside and preserved from all future development. Regulations determining its use shall be the responsibility of the Walker Property Owners Association. Conditions and Restrictions Utilities Declarants will provide underground electricity, natural gas, telephone, TV cable, and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, television, and telephone services to the. residence, business, or place of use from the primary line. All utilities shall be underground. No additional fuel storage nor communication antennae will be permitted without the permission of the Committee. A satellite dish/television cable system shall be installed by the Declarants for the communal use of the Association. Subsequent changes in equipment provided shall be the , responsibility of the Association. Materials and Waste The storage of supplies or equipment, boxes, refuse, trash, materials, machinery, or machinery parts that would distract from the aesthetic values of the property shall be placed and stored in buildings for that purpose. Each lot owner shall provide suitable receptacles for the containment and collection of trash and garbage; which must be enclosed, screened, or otherwise unexposed to public view. There shall be no incineration or burning of garbage, trash, or other waste or debris on any building lot. B-7 i Vehicles No vehicles, mobile homes, recreational vehicles, campers, boats, snowmobiles, trailers, construction equipment, faun:equipment or similar large equipment shall be kept on said lots except those housed in a suitable structure or with adequate screening as approved by the Committee. Animals Ordinary household pets belonging to the owners will be allowed, but no commercial breeding or raising of domestic animals is permitted on developed sites. If a particular animal or animals becomes a nuisance to livestock, wildlife, property, or other owners, the Association shall have the authority to require that the same be kept tethered or confined on the owner's property. Location of kennels or other facilities for the keeping or retention of animals shall be restricted to ireas approved by the Committee. A reasonable number of livestock will be permitted on Lot 10, Block 1 as long as such animals are not subjected to inhumane or abusive treatment, do not pose any threat to wildlife, and do not constitute a nuisance to owners of other lots or their property. The Association shall have the authority to limit livestock as its membership deems appropriate. Vegetation There shall be no cutting, removal, or voluntary destruction of timber or vegetation located on the premises except: (a) to the extent necessary and approved by the Committee to enable the building of structures and improvements on a building site; (b) landscaping; . (c) removal of dead or diseased trees and noxious weeds; or (d) the maintenance or establishment of approved roads, streams, driveways or ponds. Due to the need for wildlife habitat, no vegetation or deadfall shall be removed within the 100-foot preservation setback along the East Gallatin River without prior approval of the Committee. The owner of each lot shall control the weeds and all noxious plants on owner's lot provided, however, that owner shall not use poison harmful to humans or animals and enjoyment of the occupants of adjoining property. In the event the owner fails to control the weeds or noxious plants, the Association may cause the B-s weeds or noxious plants to be controlled, and may assess the lot owner for the costs thereof. Roads Declarants will build all subdivision roads to County specifications. Campbell Road, Gibson Road and Kean Road shall be of gravel; Reeves Road and Enterprise Road shall be asphalt. Subsequent improvements and/or upgrading or resurfacing of roads shall be the responsibility of the Association. Year-round access will be maintained on all roads. 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. No excessive noise shall be permitted upon any portion of privately owned property or commonly owned open space which may be or may become an annoyance or nuisance to that neighborhood. In the event that dust generation on gravel roads becomes a problem, the Association shall pave said road(s) or take other measures to minimize dust generation form roads. Responsibility All lot owners shall be responsible for performing or complying with all obligations under these Covenants. Should a lot owner lease his lot, both the lot owner and the tenant shall be jointly and severally responsible for performance and compliance with these Covenants. Subdivision No lot in Walker Property may be subdivided except that Lots 2 & 4, Block 4 may be subdivided into no more than two (2) lots and Lot 3, Block 4 may be subdivided into no more than three (3) lots. The owner of each resulting lot shall be deemed a lot owner for the purposes of these Covenants. B•9 Walker Property Owners Association It is the intention of the Declarants that a nonprofit corporation to be called Walker Property Owners Association, hereinafter referred to as "Association", will be formed by the owners of the various tracts within the subdivision to: - serve the subdivision for the benefit of the subdivision and the owners of the individual lots; - care for, protect, and maintain the road and other beneficial structures; - preserve the wildlife and rural environment; - operate and maintain a local cable television system; - operate and maintain a sewage disposal system accessing City of Bozeman sewer line to the Waste Water Treatment Plant; - administer all matters regarding surface water rights - provide other services, capital improvements, and amenities as deemed beneficial by members; and - determine, levy, collect, and enforce annual and/or special assessments. Membership Every owner of a lot which is located on Walker Property subdivision shall be a member of the Association. In addition, each unit owner of multi-family units located and constructed on Lots 2, 3, & 4, Block I shall be considered a separate owner and a member. When the word "lot" or the phrase "lot owner" is used hereinafter, it shall refer to both lot and unit owners. After one or more units have been constructed on a multi-family lot, the owner of such specific lot shall no longer be a member. "Owner" shall refer to the owner of record, whether one or more persons or entities, as indicated on the recorded deed. Each member shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot. Members may cast a vote either in person or by written proxy filed with the Secretary. i Assessments An annual assessment shall be determined by the Board of Directors of the . Association in an amount estimated to cover the normal operating expenses of the Association for each year. Normal operating expenses will include road B-10 maintenance and snow removal, common open space maintenance, operation of a sewage lift station, operation and maintenance of satellite "I-V antennas and related equipment, and any other amenities voted upon by the membership, together with such additional amounts as may, in-their reasonable judgment, be necessary to cover any past deficits from operations or to create reasonable reserves for the future cost of operations. In addition to an annual assessment to cover the Association's operating expenses, the Association, by an action of its Board of Directors, may levy special assessments for the purpose of reserving or paying for, in whole or in part, the cost of any capital improvements benefiting the subdivision and its interests provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of members voting in person or by proxy at a meeting duly called.for this purpose. Each member is obligated to pay to the Association annual and special assessments. 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 incur reasonable attorney's fees. 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 non-use of the common area or abandonment of the lot. B-11 Design Review Committee A Design Review Committee, hereinafter known as "Committee", will be formed consisting of five members whose function will be to review and approve plans, specifications, designs, sites, and locations of structures and other improvements to be constructed or erected on any lot. The Committee may make such reasonable riles and by-laws and adopt such procedures as it deems necessary to carry out its functions, consistent with the provisions of the Association By-laws. Owners wishing to build or alter any building, stricture, landscaping, parking area, fence, or other improvement on any lot must first submit for Committee review and written approval all building and site plans and specifications and such other information as the Committee may reasonably require. All activity requiring the approval of the Committee must be completed in substantial compliance with the plans and specifications approved by the Committee. In considering applications, the Committee shall use in its evaluation the Walker Property General Architectural Character and Landscape Guidelines, and shall take into consideration the aesthetic aspects of the architectural designs, placements of buildings, landscaping, exterior finishes, materials and similar features, and the overall benefits of the surrounding area. It shall not be responsible for reviewing structural safety, the engineering soundness, or conformance of any improvements with building or other codes, nor shall its approval of any plans and specifications be deemed approval thereof. Committee approval will be required before- plans are submitted to.the appropriate City of Bozeman or Gallatin County authorities for their review. The Committee or the individual members thereof may not be field liable by any person for any damages which may result from Committee action taken pursuant to these covenants including, but not limited to, damages which may result from correction, amendment, change,or rejection of plans, the issuance of building permits, or any delays associated with such action on,the part of the Committee. Formation i At least two of the five members of the Committee shall be members of the Association or the persons representing the Declarants, and at least one of the members must have professional qualifications in the area of architecture, design, land planning, or landscaping. Initially, and until such time as one-half (1/2) of the lots have been sold, Declarants shall retain the right to appoint all members to the Committee. Thereafter, and until such time as three fourths (3/4) of the lots B-12 are sold, Declarants shall retain the right to appoint two members of the Committee, and three members will be voted upon by the Association. T7iereafter, Declarants shall retain the right to appoint one member of the Committee, and four members will be voted upon by the Association, until such time as the Declarants choose to relinquish their power of appointment and allow the Association to vote for all five members of the Committee. If no successor is appointed on or before the expiration of an individual member's term, said member shall be deemed to have been reappointed for another term. On the death or resignation of an individual member, a replacement to fill out the unexpired term shall be selected by the remaining members of the Committee. Authority The Committee shall have the authority to: (a) require siting of buildings and improvements as in its discretion best suits the requirements of the site and does not interfere with privacy and rights of neighboring landowners; (b) approve all fencing plans and outdoor lighting; (c) require sufficient landscaping and watering capabilities (d) maintain the intent of-General Architectural Character'and Landscape Guidelines; (e) reject materials, designs, or colors submitted with plans or the plans themselves if they are not compatible, or are inappropriate, in the opinion of the Committee, with the rest of the subdivision or the Walker Property master plan; (f) to grant variances where, in its discretion, it believes the same to be necessary and/or where the same will not be injurious to the rest of the subdivision; (g) require reasonable fees to be paid-with the submittal of plans and specifications; and (h) enforce these covenants in any court of law or equity when it reasonably believes the covenants have been violated. Guidelines In addition to the Walker Property General Architectural and Landscape Guidelines, the Committee shall be governed by the following general guidelines in its. consideration of plans and specifications submitted for its approval. B•13 I 1. The Committee shall recognize that all property and all improvements within this subdivision must combine harmoniously with one another and not be inconsistent with the development of the entire project so as to maintain a uniformity of value-and quality throughout the subdivision. No plans or specifications shall be approved which will be so similar or dissimilar to other improvements or structures that monetary or i aesthetic values will be impaired. i 2. In considering any plans or specifications, the Committee shall examine the suitability of the same to the site. 3. All plans and specifications shall be in full compliance with all of the terms and provisions of these Covenants, except for any variances which may have been granted by the Committee for such plans and specifications. Submittal of Plans Five sets of plans will be submitted for review. Following Committee approval, one copy will be maintained on file and the remaining copies will be returned to the owner. Building plans submitted for review will include: (a) site plan with main building(s), outbuildings, parking areas, driveways, exterior garbage containers, fences and and any additional unprovements clearly marked; (b) floor plans; (c) exterior elevations, finish materials, and color samples; and (d) landscape plan, irrigation plan, and plant list. An on-site visit will be conducted by the Committee to verify that the proposal has no negative impact on other property owned by other Association members. In the event the Committee fails to approve or disapprove completed, detailed plans submitted to it within forty.-five (45) days, no further approval shall be required and this requirement for Committee review shall be deemed to have been fully complied with. No deviation from plans approved by the Committee or through tacit approval owing to a forty-five (45) day lapse of time shall be allowed without such plans being resubmitted for approval. B•14 v Construction of approved plans must be commenced within twelve .(12) months of approval or new approval must be obtained, unless specific written extension is granted by the Committee. Construction shall be completed on the exterior within ninety (90) days of start of construction unless a variance has previously been granted by the Committee. Finaf interior construction shall be completed within one (1) year 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 Committee is required. This shall apply as a 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. All landscaping shall be in place within fifteen (15) months of start of construction. If the completion of the building occurs during winter months, the Committe may grant a variance for completion of landscaping, in which case the lanscaping shall be completed within the first month of the the next growing season. Amendments 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 members owning ninety (90%) of the lots included within the boundaries of the subdivision. B-15 Pro posed ZA=,, a a meadrnont im ^n: •.bp i i9 '> A'S Agricultural a ri t a ban D t Sub s O oo' 0 e:Acrea - 000 oo' o00 g 00 87 .05 OOOOdt9'f�JC'CJ�S000 0000�, 0000000000000000000000 000 �:� 0000 O 0000 ::5:::;N;:.:?:5:;g.;;�;: ::> 0000388888 0000 ins, �p ,;::. ::,.:- B-2 Communit Highway 000000000 O000 Y n ......................... :. ............ 0o::;OO...;.;O:;•s O O000 0000 Business District tri cto00000000000 0 000000000000 aAcreage: 000o0000003S.0- 00000000 00 0000 O 0OOO 00 00 . D-2Residential-Si n gle0 o0o Family density)F a m Y 000 Acreage: :�:�ii?!'`?`;�:�.i.`�':?:�`gat`��:`'�:?:rrt:Ci";j(;.j^??ri��;'ii��'"•Y>=}�?.if�1��i'SS�?iR;`F 7.44 y.. :• :• �':•:•:•:•:•:•:�:•:•:•:�:•:•:•:•:•:•:•:•:•:•:•::�::•:•:�:•:•is•:•:•:•:•:•:•:•:•:•:•;�: ............................................. - - -3 Residential-Medium Densi Di tric t Y t s Acreage: 11 .66 ? +. • :�: � �.._ •, RIVBAfiR)E CLUB HOUSE 1 -A, Al..'KER PROPERTY AM*-MAN,MONTANA SITE ANALYSIS ( ff n '•� 1 ,AI\I R. Itl[\f.\I,llltlti\II�RI'Ulil�. tW. lwil qi\xV l\I1\a /p\ �� .,\\ � � vI,\\Lu• Dl;u:\Duu6,unr.nr CWCtAK�� }� ��•, / ///,/n) � MVE�S,DE ' R.\VIlL 1\lI,1R HN,L�]C •: r 100LP}COURSE oemam ch,.ro t\ "T,OF U1.KLL B02EtlAN 1 EN WASTET. WGTER I FLANTNENTi `n, '� • •�...���—•-r+v. \ ., ���u4 u. r-.� �In -�v }...�tli.i L NounNN mL _ cL000W AY AREA OPEN FIELDS I 100 YEAR FLOOD FLAM�\ •l � OLD NOOSE A EARN wI, REDENTIAL SSIUBDIV4410N CULTNATED F,ELDS I-♦ _ y 1 •,\Jam. •,\ ,•1 I� t'S�v I � 'S BENCH AREA � • T {'. `� •ate -. '� ` i �.. l �, ,\a � PROPO4ED ARTEPIAI ROAD •��.waa+ro anxND LI N.cx L yj 1 \\\\Opp \ ,•\ \ -� 1 1` \\'w • 1. �..._SUSAN TAVLOR FARj � ``••,\ + 1 \ • d •, OPEN FIELDS ,1 .\'• ? � NEW Ras,oer�eE 'IY UWU.•N WEF P9V' � �\, � \���• �\�A�� NWII01M.n[iY(` . \ti � I • n�•asuLLL�.A•N�• r srIL.Y .NaN10` ...,y QE6E)EmTULL LOTS i 1 + 1 without written permission of the Montana Department of Fish, Wildlife and Parks. The 35-foot wide stream setback shall be included within the boundary of the 100-foot wide habitat preservation setback. f 1.4 Easements for utilities exist along the north side of Highway 10, the east side of Springhill Road and along all interior roads. 1.5 An easement will be reserved on the southwest corner of Lot 4, Block 4 for the construction of a ground-mounted directory sign. Said sign will be subject to approval by the Committee and the appropriate governing bodies. 1.6 No dwelling or improvements, nor any material, equipment, or refuse shall be placed on any part of said property within the area of the easements reserved as indicated on the plat of the property filed in the office of the Clerk and Recorder of Gallatin County Montana, or the easements reserved and created in these Protective Covenants. 2.0 Land Uses 2.1 Residential Lots 2.1.1 One single family dwelling, i.e. one living unit in a single building, per lot may be constructed on Lots 5, 6, 7, 8, & 9, Block 1. 2.1.2 Lot 3 of Block 1 shall be limited to a maximum density of four (4) dwelling units. Lots 2 & 4 of Block 1 shall be limited to a maximum density of eight (8) dwelling units per residential lot,�excep that the density for-Lots--2 d 4 of-Block=1 may-be-combined and redistributed on theme combined lots with a total density of sixteen(T16—dwelling units:Utilization of�thi's�option wll£be subject to review by the City of Bozeman or the City- _ County Planning Board. If all 16 units are built on Lot 2, Lot 4 may notJ be developed and a "no_structure!"—r-estrictive-covenant-for-L-ot-4 must be f led-at=th`eTGallatin County Clerk and-Recorder's Office. 2.1.3 In addition to the dwellings, there may be added private garages and outbuildings incidental to the residential use of the premises. Any buildings and improvements must be approved by the Committee and comply with applicable City and County regulations. 2.1.4 No building can be used as a dwelling until it is completely enclosed and the roof is on. Declaration-3 _-- l� a,�- � � ��� � � � �� ��..���� ����� 2.1.5 No residential building lot shall be used as a location orte for the conduct of any commercial or industrial enterprise or activity, with the exception of"cottage industries" or home businesses which may be permitted provided there are no signs or external evidence of a-commercial venture. 2.1.6 Builders of residential buildings with river frontage must also undergo review by the Montana Department of Fish, Wildlife and Parks for, siting of all residential buildings prior to issuance of building permits. r 2.2 Office Lots - Zoned R-O {� Lots 1, 2, & 3 of Block 2; Lots 1, 2, & 3 of Block 5 Permitted Uses: t;�,Business and professional offices Community social center Churches Day care center Dwelling units on second storey - Health and exercise/fitness center Medical offices Photographic studio Restaurants Tennis and racquet club Fences, signs, refuse containers Parking areas Private garages for offices and apartments Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3 Commercial Lots - Zoned B-1 Lot 1 of Block 3; Lots 1, 2, 3, & 4 of Block 4 2.3.1 Permitted Uses Churches Dwelling units on second storey Personal and convenience services to include: Automatic Teller Machine Barber shop Beauty parlor Car wash (single bay) Declaration-4 tl t Picture frame shop Shoe store Sporting and athletic goods store Toy store . Variety store Other small retail uses similar to those listed above Tennis and racquet club Fences, signs, refuse containers Accessory structures Temporary building and yards incidental to construction work Parking areas as required , .� —guch other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 2.3.2 Following approval by the Committee, developers of commercial lots must present plans for site plan review per the Zoning Ordinance of the City of Bozeman. Any subdivided lot will also be reviewed against the Bozeman Area Subdivision Regulations in effect for the area at the time of application. 3 2.3,4 The total maximum gross floor area for all lots combined on Blocks 3 and 4 is limited to 57,500 square feet. 2.3.,5 The maximum gross floor area for each commercial structure on Lot 1 of Block 3 and Lot 4 of Block 4 is limited to 5,000 square feet. 2.3 f The maximum gross floor area for each commercial structure on Lots I`r2=of=Block-4 is limited to 5 0-00 square feet, except that, utilizing zero-lot lines, one structure on Lots 1 a d°2 combined will be allowed'with a-maximum7:total-gross floor area of 10,000 square feet; or one structure re &1 of 2 will be allowed with a maximum total gross floor area of-T0,000 squ_ arefeet. 2.3J The maximum gross floor area for each commercial structure on Lot 3 of Block 4 is 5,000 square feet, except that;adjacent to the North 19th Gr-ossroad;one structure will be allowed with a maximum footprint of 10,000=squ- are-feetsand a maximum total g f_1-gross floor area o5,000 square e feet.In-a structure that exceeds 5,000 square feet, the maximum floor space for any one commercial activity may not exceed 5,000 square feet. 2.4 Open Space Declaration-6 ,1 • Society, and the Montana Historic Preservation Society,giving these organizations an opportunity to remove and/or relocate said buildings. 13.12 New Structures 13.12.1 The size, height, and appearance of buildings.1tslgiis, parking areas, fences, and landscaping are subject to review by the Committee and are governed by the Walker Property General Architectural Character and Landscape Guidelines and by all covenants pertaining to the Walker Property and by applicable City of Bozeman zoning regulations. 13.12.2 No temporary structures will be permitted on any lot except-that one temporary building may be used on any lot during the course of continuous construction, not to exceed eighteen (18) months from start of said construction. 3.13 Subdivision No lot in Walker Property may be subdivided except that commercial Lots 2 & 41 Block 4 may be subdivided into no more than two (2) lots and commercial Lot 3, Block 4 may be subdivided into no more than three (3) lots. The owner of each resulting lot shall be deemed a lot owner for the ,� purposes of these Covenants. Future subdivision of any lots will be -, processed and reviewed against the Bozeman Area Subdivision Regulations and the Bozeman Area Zone Code in effect at the time of application. 3.14 Responsibility All lot owners shall be responsible for performing or complying with all obligations under these Covenants. Should a lot owner lease his or her lot, both the lot owner and the tenant shall be jointly and severally responsible for performance and compliance with these Covenants. 4.0 Walker Property Owners Association It is the intention of the Declarants that a nonprofit corporation to be called Walker Property Owners Association, hereinafter referred to as "Association", will be formed by the owners of the various tracts within the subdivision to: Declaration-11 •\ I IPRO�OSLJ tl o.. A� — C K • 4617.23 � S \ \ \ \ COMMON I �8,03. \ '1 \72. 51' �39.35. S \� �tOPOSED 6' S.S. LINE � B L LOT o \ . 76 . O E O VC \ 8. 81 4. �O PPROPOSED 8' 26 \ S \\ \ A •9�' INV, 9O S.S. LINE \\ 4617.s k9 9 LOT \� Lot I a 1 ' 0, W i ` L S / LOT 4 2 . 2, \\yam m 50' : I5b'6 CS. to I Nv. 50 41 ti EASEMENT 4618. q.6N \ ' IN. ZONED 199. 0 T 3 ACS. orwo jFss \ �\ \\ 0, sr \ F4�oc9�A \ FMFy { 1 v = \ ?i\i \ \\\ S\r FSS I c l,ti I � S o 00- 1 ' 0 Proposed Amendment to Walker Property Declaration of Restrictions and Protective Covenants To Item 3.0. Conditions and Restrictions add 3.15 Pedestrian Circulation System A pedestrian circulation system shall be implemented as an amenity for those persons living and working in Walker Property Subdivision. It shall be the responsibility of the Declarants to construct and of the Walker Property Owners Association to maintain gravel pathways and painted pedestrian crosswalks described in Section 3.15 of the Declaration of Restrictions and Protective Covenants of the Walker Property. Pathways which are disturbed during construction must be returned by the lot owner to their initial condition. Concrete sidewalks within the B-1 commercial area are the sole responsibility of individual lot owners. Gravel pathways will be N wide by 4" deep,of compacted 3/4" gravel road mix. Concrete sidewalks will be N wide by 4" deep. • Reeves Road East (Block 5, Lots 1, 2,and 3)and Campbell Road (Block 2, Lots 1,2, and 3) - A five (5) foot wide gravel pathway shall be installed at least one (1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed or within three(3) years of the City Commission decision (March 6, 1995). When pathways are installed adjacent to intersections, crosswalks will be painted at the intersection of Campbell Road and Reeves Road East and the intersection of Campbell Road with U.S. Highway 10. •Campbell Road (Common Open Space) -A five (5) foot wide gravel pathway shall be installed along the south property line adjacent to Block 2, Lots 1 and 2, and the North 19th Overpass embankment, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway is to be to be installed within three(3) years of the City Commission decision(March 6, 1995). •Kean Drive and Gibson Drive - No pathway is required along these roads, but crosswalks will be painted at the intersections with Campbell Road at the time of fifty(50) percent buildout of those lots accessing each subdivision road has been achieved. • Springhill Road (Block 2,Lot 1;Block 3, Lot 1A (at owner's discretion); Block 6,Lot 1A -A five(5) foot wide gravel pathway shall be installed at least one (1) foot inside the property line, with landscape features per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. Gravel pathways should be extended only to the property lines where they intersect North 19th Avenue and U.S. Highway 10. •Reeves Road West (Block 4, Lots IA,2A,3A;Block 6, Lot 1A) - A five (5) foot concrete sidewalk shall be installed one (1) foot inside the property line, with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines and . painted crosswalks at the intersections with Springhill Road, Enterprise Road,and U.S. Highway 10. The sidewalk and crosswalks should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. When sidewalks are installed adjacent to intersections, pedestrian crosswalks will be painted at the intersections of Reeves Road West with U.S. Highway 10, Springhill Road, and Enterprise Road. r •Enterprise Road (Block 4,Lot 1A) -A five(5) foot concrete sidewalk shall be installed one (1) foot inside the property line,with landscaping per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The sidewalk should be indicated when projects are submitted for site plan review prior to construction and installed at the time the lot is developed. •U.S. Highway 10 (Block 5, Lots 1,2,and 3;Block 6,Lot 1A) - A five (5) foot wide gravel pathway shall be installed within the fifty(50) foot wide landscape buffer strip,with landscape features per Walker Property Declaration of Restrictions and Protective Covenants and Design Guidelines. The pathway should be indicated when projects are submitted for site plan review prior to construction and installed at the time each lot is developed. Item 1.5 Setbacks and Easements change "Lot 4,Block 4" to"Lot 1A, Block 6" Item 2.3 Commercial Lots -Zoned B-1 change "Lot 1 of Block 3;Lots 1,2,3, &4 of Block 4" to "Lot 1A of Block 3;Lots IA 1, 2A,3A of Block 4;Lot 1A of Block 6" Item 2.3.3 Commercial Lots -Zoned B-1 change "Blocks 3 and 4" to "Blocks 3,4,and 6" Item 2.3.4 Commercial Lots -Zoned B-1 change "Lot 1 of Block 3 and Lot 4 of Block 4" to "Lot 1A 1 of Block 3 and Lot IA of Block 6" Item 2.3.5 Commercial Lots -Zoned B-1 change "Lots 1 &2 of Block 4" to "Lots I 1 &2A of Block 4";change "Lots 1 and 2" to "Lots 1A 1 and 2A";change "Lot 2" to"Lot 2A" I Item 2.3.6 Commercial Lots -Zoned B-1 change "Lot 3 of Block 4" to "Lot 3A of Block 4" Item 3.13 Subdivision change "No lot in Walker Property may be subdivided except that commercial Lots 2&4, Block 4 may be subdivided into no more than two(2) lots and commercial Lot 3, Block 4 may be subdivided into no more than three (3) lots." to "No lot in Walker Property may be subdivided except that commercial Lots 2A,3A &4A,Block 4 may be subdivided into no more than two (2) lots." Proposed Amendment to Walker Property and By-laws To By-laws Item 2.1 Assessments: delete "operation and maintenance of satellite TV antennas and related equipment" add " maintenance of pedestrian pathways on common open spaces, maintenance of painted pedestrian crosswalks" These amendments were voted upon by membership of WPOA at their May 1, 1995 annual meeting. They are being submitted to Gallatin County Commission and the Bozeman City Commission for review and approval. rI�KM YlOiO KA.r rp.I, r Ir1..,1, i Ck LOT 3 ' 5.317 ACS.. • . ••'� Walker Property Pedestrian Pathway System � aLocx � E COO I . SpAcg eel Xs. LOT • I I.a X9•, r 1 LOT 2 3.2,all ACs. :`4 ••��•�-•t• l 1 / 1 * Iit, r`J COlIigN 20 PACE a. ArA. ' X LOT t N ti• 1 �.309 Acs. •` y , • ' LOT 5 FIRE PROTECTION LOT 7 ci . ,'LL POINT �•� 2.064 Ks. •\i tI ` ♦ LOT 6 CAt640tt cPEM SPACE t .� r --� LOT a a I• �1liCJC \ ♦ �'{•. '1.9f. XS. ` , \ / `!! v.. ...:J'•w:i. ,: +♦ — BLOCK 2 I X �Ole LOT 9 I I �•l Lot 1At �o "� t�. ;��• xo 00) t X. 1 V �� �i LOT 10 r jC Y \ ?y_ S.999 a ACs. ' BLOCK 6 m ri O 4snitrto rRR.RR.ta•a.t, ' LOT 1A Wt Orr. 9 b` d—BLOCK ,— x JC X`* y b y � 1 r r.nas \� \`' . ,�•".,. \� JiR j d ' LOT'2 _ _ `� • I / LOT 34Lba AIL I �. t �• LOT 3 + TACT p N." .fir �'�• •�. �� �� \c LOT ! }- 8.060 AGi 4�v��� ~'• o` ti A,i,A LOT 2 {-\♦� t.N7 ACs. '�•�, LEGEND 'girt LOT t 5' wide gravel pathway -AKX*X)0(XX9 \ \ �•��•X 5' wide concrete sidewalk • •••• \ painted pedestrian crosswalk T/K fir ��r FILE NO. APPLICATION FOR CONDITIONAL USE PERMIT Building Department CITY OF BOZEMAN, MONTANA Telephone No. 586-2360 Date June 27 1 q 91 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 Susan R. and Beatrice R. TayloThone No. 587-0418 Address of Applicant P.O. Box 3870 , Bozeman, MT 59772 ................................................................................................................................................ I Subject Property Legal Description A portion of Tract 1 of COS 1498 , Tracts 2 & 3--atld portions of Tracts 1 & 4 of COS 1498B, NW1/4 and SW1/4 of Section 26 and SWl/4 of Section 25 , T1S , R5E P.M.M. Gallatin County-, Montana . (Use Additional Pages If Necessary) Address if availableSpringhill Demand—Highway 10 c Current Zonin R-2 , R-3 , Land Area Sq. Ft., or 117 . 5 7 Acres R-�, B-1 , A-S Are any variances being requested? If yes please explain none Conditional use to consist of the following: See use list contained in Guidelines for Walker Property pertaining to the B-1 and R-0 zoning designations . I 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 information is true and correct Filing Fee and that I am the Owner, Owner's Agent , Leasee Zoning Comm. Hearing of the above described property. Action Taken sw n City Comm. Hearing K 4_ Action Taken Applicant's Signature i Walker Property Adjacent Land Owners - 1) Jerry and Jan Cashman 2055 Springhill Road '. Bozeman, MT 59715 2) City of Bozeman P.O. Box 640 Bozeman, MT 59715 3) Patrick and Carol Hemingway 250 Moss Bridge Road Bozeman, MT 59715 4) Riverside County Club 2500 Springhill Road Bozeman, MT 59715 ; 5) Thomas McGuane - P.O. Box 25 McLeod, MT 59052 6) Susan R. Taylor 1500 Reeves Road Bozeman, MT 59715 7) Montana Rail Link 829 Front Street Bozeman, MT 59715 x e R I ' a: ly CULTURAL RESOURCE INVENTORY SPRINGHILL ROAD GALLATIN COUNTY, MONTANA RS 411 -1 (1 )0 Submitted to: MONTANA DEPARTMENT OP HIGHWAYS HELENA, MONTANA By: HERITAGE RESEARCH CENTER MISSOULA; MONTANA AUGUST 19, 1985 INTRODUCTION The following is a report of findings for the impact upon historic and archaeological resources by the proposed reconstruc- tion of the Springhill Road north of Bozeman, Montana [RS 411 -1 (1 )0] . This report is based on literature and record searches, and - field investigations. The report is designed to meet requirements of Section 106 of the National Historic Preservation Act of 1966 (as amended) , Section 4(f) of the Department of Transportation Act of 1966 (as amended) , and other legislation requiring State and Federal agencies to identify important cultural resources that may be affected by their undertakings and to consider mitigating measures for protecting these resources whenever possible. Principal Investigator: William Babcock, Historian Timothy Light, Archaeologist Project Assistant: William Long 4 1 J PROJECT DESCRIPTION The project is the proposed reconstruction'-of 6.2 miles of Springhill Road. This road is located two miles"-nor._thwest of Bozeman, Montana, in Section 27 and 34, T1N, R5E, and Sections %� Ca�• 2, 3, 10, 11 , 14, 23 , and 26 , T1S, R5E. The project starts at Old Highway 10 and extends north along the East Gallatin River . The road is to be widened from an 18 - 20 foot width to a 34-foot width to accommodate increasing traffic loads. Through most of the project area Highway Department plans indicate only minor changes in the alignment. However,. at the. south end of the project two curves will be eliminatQ;d:.::. by extending the road due south to a new junction with "'Ol(f.-"R ghway 10. Also, a one-mile segment of new road is planned at the north end of the project . The road presently makes a sharp jog to the west along a section line for 1 /4 mile , then turns north again for one mile , then jogs sharply right at the next section line . It follows this line east for 1 /2 mile before once again turning north. To eliminate these turns the road will be continued straight north following the right-of-way of an abandoned Milwaukee Road R,rR. spurline . New curves will also be constructed to tie this new road segment into the existing road to the north. The concrete bridge over the East Gallatin River will be modified or replaced . This bridge was built in 1971 (See Appendix A) . x 2 DESCRIPTION OF PROJECT AREA The project area is located along the East Gallatin River near the lower slopes of the Bridger Mountains. Until fairly recently the area was agricultural, but is experiencing• develop— ment towards residential use . There are now many new homes and condominiums along Springhill Road and one country club and golf course . The City of Bozeman owns and operates a sewage treatment plant at the south end of the project area. The project area is generally flat and open with the East Gallatin River to the west. Low bluffs line the east side of the project area for approximately 2 miles. These bluffs are the lower slopes of the Bridger Mountains. 4 ��- 28 CreekF-0 — i 4.9/ e52B 45k. 1I .i9c1; P� 33 vo' 35 I o""� 466Z It LINE // ..56� Pain F. I Wisner Crossing I(' '� .' ',l '•.. r 4465 O to 0 0 ...-4753 ).�♦/.� 0662 ! i 1 •'\w('\:) PPG - N 'Jy ..Creep4664 o C;1.;;I 536 /�•' 12 0766 C7 e e k 7�_ + t _ IF CC I' Cem I ao92 1 .. �— 14946 506 I 1 Boo 6 i°5Z0. 1 15 14 + ' -J 16 is o652 14 n (:.% Qey r• _•-•=.c;.� ' G,.'l P7 Ott♦ `� ,1_ ,•y..- c 4 to � l! 459Cr �1•+N%.1, 2 L - - 2 1! 23 24 Valley Center C. 4601 27�is I rl °1 'c •46 \ (� J •� t � � �B' `yam. •i •. 33{ •` .1 V i osBO � ,j Bo:enan ii I ner "•° a"E 'a 3$ .j tl W: 34' =�.ye` t t S E Base °a 31 90 l.. °3 Bisel ,r, .6 o t - r Her Der 9G:.,el I a ` \ Pad;. 1 •4729 'School•it Pit Station Catron 1 v�•`� ; C o7/O � 1 a oleo !i II7t3 !{; ` i C em C..R sort 1 1 • C t m o - ) ` I 4i \4 0 3q r t 2 `t ` water =• ii I 11 •1 I _ s_�,.._. _ ra,. \ _a0UR9fOHj' .le.• ° .765lb 1 `, 1 I _�'Y - _ .I W tii���l7� �� li�r7ljl •i 1 BOZEMAN!:] C^,_�, lnr 77 1 14810) )o J1:)I n7%�ytra�7 Figure 2. Project map, Springhill Road . (� i 5 METHODOLOGY Before undertaking the field inventory, a file search was requested from the Montana State Historic Preservation Office and the relevant GLO plats were ordered from the Bureau of Land Management . The Preservation Office identified two sites, 24GA436 and 24GA686, that are located near the project area. Both are prehistoric occupation sites located well beyond the potential impact area for this project. The BLM provided Heritage Research Center with two plats, one dated 1868 four T1S, R5E, and one dated 1869 for T1N, R5E. The 1868 plat located a road at the approximate location of the present Springhill Road and a house in the SW 1 /4, NW 1 /4, Section 14, just beyond the project area. The 1869 map locates several roads crossing the project area but no road in the location of Springhill Road . The plat does not show any struc- tures in the vicinity of the project area. Most of the research was inventoried in 1980 by Anthro Research Inc . (Anthro Research 1980) and was then re-surveyed by staff archaeologist at the Montana Department of Highways (See Appendix A) . The purpose of the present inventory was to fully record and evaluate previously identified potential historic structures and to inventory the quarter mile of road at the north end of the project . The last aspect is the result of changes in MDOH plans to utilize the abandoned railroad bed to straighten the jog at the north end of the project . The field inventory was conducted by Timothy Light, archae- . ologist, William Babcock, historian, and was assisted by William Long, archaeologist . The Department of Highways had identified four properties to be recorded and evaluated . Each site was visited , mapped , photographed , recorded , and the current oyners were interviewed for basic. information on the history of the site . The project' s north end is a large pasture owned by Gene Graff and: an even larger barley field owned by Clyde Clark and each was surveyed using standard archaeological transects spaced every 20 feet . The transects were walked parallel to the existing road and covered a minimum of` 00 feet on either side of the road .' This was done to permit identification of any archae- ological site within the potential impact area. Surface visi- bility was fair in the pasture but unfortunately the barley was already 2• feet high and visibility was very restricted . One isolated artifact was located and is discussed below. The abandoned Milwaukee Road trackbed was also photographed and recorded . 6 i • • SITE NUMBER/NAME: 24GA725/ Joseph Jackson homestead SITE LOCATION: SE 1 /4, NE 1 /4, and NE 1 /4, SE 1 /4, Sec. 26 , VS, R5E 4601 :\' Storx 26 2 c 1R � . 4626 C� a6661 1 \? 0667 l e � ! 0639^­�� .T� {. s 5 SITE TYPE: Historic Homestead SITE DESCRIPTION: Site cons-ists of 9 structures, a post and barbed wire fence , old trucks, historic debris, trees and shrubs. Plowed fields are located east of the farmsite . Site is located on east side of Bozeman-Belgrade Road . Site is grassed over . Structure 1 is an ell-shaped , one and one-half story wood-frame residence with intersecting gable roofs, two porches, horizontal board siding (with end boards) , and a stone founda- tion. Roof has wood shingles, interior brick chimney, and raking cornice . Windows are wood trim and wood- frame. Those remaining are double-hung 6/6. Some windows are missing or boarded up. Southwest facing section of residence has extending open shed roof porch with lathed support posts with decorative detail. Northeast side of structures has enclosed hip roof porch. Southwest section of residence is a cabin that has been boarded over . Structure 2 is a large rectangular post and beam frame barn with gable roof, horizontal novelty siding, and concrete and stone foundation. The roof has wood shingles, and is flared ,yo towards the building' s east side . Eaves extend slightly. South end has sliding vertical plank door with diagonal and horizontal cross pieces, which rolls on an outside-mounted steel roller slide . A smaller vertical board door with diagonal and horizon- tal cross-pieces and loft door are also located on south end of . structure . East side of building has three small wood-frame windows and wood-frame door . Three old trucks are located on east side of barn. Structure 3 is a rectangular barn/equipment shed with post and beam construction, modified salt box roof, vertical board siding and plank foundation. Roof has wood shingle . Eaves have exposed rafters. South side of building has sliding vertical board door in.- deteriorating condition. Structure 4 is a rectangular, wood-frame shed roof chicken coop with horizontal novelty siding, end boards, and no visible 13 foundation. Wood frame window opening faces southwest. Wood- frame door is located on east side of shed. . Structure 5 is a square one-story wood-frame bunk house with a gable roof, horizontal board siding (with end boards) , and concrete foundation. Roof has asphalt shingles, raking cornice . Windows are boarded up. Doorway on southwest side of the structure is missing. Structure 9 is a rectangular wood-frame shed with shed roof, wood shingles, horizontal board siding and end boards, double doorway with one remaining vertical plank door (with exterior metal hinges) and no visible foundation. Structure 6 isa rectangular , wood-frame shed roof chicken coop with horizontal novelty siding, with end boards, and no visible foundation. Southwest side of building has rectangular opening without screens that flank a centered wood-frame door- way. . A small pile of poles is located in front of structure . Structure 7 is a rectangular privy with gable roof, horizon- tal novelty siding, and wood-frame , vertical board door . The east wall of the structure is collapsing. Structure 8 is a rectangular privy with shed roof and boxed eaves, wood shingles, horizontal . board siding with end boards. South side of structure contains concrete floor and pit, and the north side, storage and a hot water heater . Feature 1 is a four-foot-high dugout . The roof is collaps- ing on the southeast end . Four by four beams are used inside . Feature 2 is a square concrete foundation with a triangular post frame. SITE INTEGRITY: The site possesses good integrity. It is free of intrusions and site structures possess excellent integrity of design, materials, and workmanship. SITE HISTORY: The property was patented under the Homestead Act of 1862 to Joseph Jackson in 1875 (Certificate 24) • Jackson subsequently deeded the property to Z.S . Morgan, in 1904, who , in 1908, deeded it to Monroe Nelson. Nelson deeded it to Auburn Walton in 1919 who deeded the property to Robert G. Baxter in 1927• Robert Baxter deeded it: to Vesta F. Baxter Anderson in 1953. James and Jane Walker obtained the property in 1956 . Jackson may have constructed part of the residence, the west section of which is a remodeled log cabin, and the old barn/ equipment shed . Mr . Walker , the current owner and longtime resident of the area remembers these two structures being at this location in 1905, about the time Jackson sold the property to Morgan. Z . S. Morgan, who acquired the property in 1904, was a Gallatin Valley rancher in the early 1900 ' s with holdings of about 2000 acres in 1901 . Morgan raised wheat and short-horn cattle and Norman horses. He was a Gallatin county commission- 14 er. It appears that Morgan did not live at the site . Progress- ive Men in Montana notes that he owned "a fine residence in Bozeman. " He also owned the site property for only four years. The property also was included briefly in the holdings of another well-known Gallatin Valley rancher , Monroe Nelson. Nelson was the son of John W. Nelson who arrived in the Gallatin Valley in the 18601s. J . W. Nelson first ranched in the West Gallatin area (until 1875 ) and then sold and moved to the East Gallatin Valley. In 1886, Monroe Nelson took charge of his father ' s ranch and successfully raised wheat, oats, and barley. Mr . Walker believes that Nelson built the main barn (Structure 2) and the bunkhouse (`Structure 5) , shortly after he obtained the property. Walker also believes that the pumphouse (Structure 9) was built by Robert Baxter in the late 19201s. The property has been used historically to raise hay, oats, barley and wheat. Mr. Walker remembers the property being farmed since the Nelsons owned it to the present day. Walker still works the land, although the buildings have been abandoned for the last ten years. Sources : Clerk and Recorder ' s Office , Gallatin Co.gnty Courthouse, Bozeman, Montana; Interview with James Walker , current property owner , May 23, 1985; Progressive Men in Montana, ( 1901 ) , pp• 340, 1740; Museum of the Rockies, Gallatin Valley Homestead Survey, 1984. SITE SIGNIFICANCE: The site qualifies for listing on the National Register of Historic Places under criteria A, B, and C . It is a homestead patented under the Homestead Act of 1862 and is a representative example of the dispersed agricultural settlement patterns intended by that act. With its 1875 patent date , the site is also representative of the relatively early homestead settlement of the Gallatin Valley. Like many of the area homesteads examined in the area, the site still contains many historical farm/ranch structures, ranging from what appear to be the original homestead structures to farm-related buildings con- structed in the second quarter of the twentieth century. Joseph Jackson, the patentee, worked the land in the late 1860 ' s or early 1870 ' s and owned the land until 1904. The site has been continuously farmed since about 1870 and possesses structures constructed in the late nineteenth and early twentieth centuries that are associated with the historical farming and ranching activities that continue to be practiced in the area. The site is also associated with Z. S. Morgan and Monroe Nelson, two early and well-known Gallatin Valley farmers/ ranchers. It appears that Monroe may have resided at the site while he owned it . The site displays excellent integrity and the structures are closely grouped with the residence facing southwest to take 15 advantage of solar energy . as is true with other Springhill area homesteads. The structures possess excellent integrity of design, materials and workmanship. They display an evolution of 9 architectural styles from the vertical board sided barn equipment shed, to the beveled-sided residence , bunkhouse and' main barn. The residence i:s similar to other area homestead residences, being one and "one-half stories high, with part a reconstructed log residence, :with ornamentation. The two barns in particular display a clear stylistic evolution, with the later of the two possessing horizontal siding, corner boards, symmetrical place- ment of windows, etc . The structures, like others in the area, exhibit excellent workmanship. SITE BOUNDARY JUSTIFICATION: The site boundary should extend from the southeast corner of the site ( at the intersection of Springhill Road and a county road to the south of the site) north along the property line about 500 feet:, to the base of a hill that runs northwest/south- east behind (orV .the northeast of the site) , frgi this point southeast along the base of the hill that runs behind the site about 500 feet ,: then southwest 250 feet to the county road at the southwest side of the site, and then along the road northwest about 250 feet to the intersection of the county road with Springhill Road.. II 16 i r . _j Or ~' 6 F, +' _-- -----_ (D P/ow Zone yr` v 2d- I' Y ` F`' G F-I 32a' � ��d v r y (/� �• WOW We// 2° a 9 r� - ~^Form Debr/s U ` d OfD � Concrete Lined ; P/ow' Ione .wv 'ee 5 Foundation zd O ►t � 0 2+ •z, IV 3 4 ep1 0. Oil ran* aPower - Line In i'✓unA, ven/c/es i zt 4 �s' �1 . 3. O En '� ® 26 Fence fD { O O i2' �Gole fi', EA rt 1 w la SPRINGHILL ROAD Z—N t. -1•n�.- 'N ��_��: r.� y �r� t� °r�+ti.. r� n �`�� -�'r'� �� ,� da- �� ,.� , /R. k. ..:;j.'.l 6iLY. � :a 1[t t y,, i � J�i�;Z1[.t :.n'� ♦...Ct A` b.r -� 4 c [ � t � t ':d � 4t .y>. dy' •1 _ i r::t• � l,`'F.Y•-' S y f - f � I J• .2 -t •fT Y.1 �:. �,,.r�-- ifs �� - _`w` i , - ♦' ♦Y _-�.�. I- '' - ... .. �. Figure 5 . Overview of Jackson homestead . Photograph •n looking northeast . 19 ioC li'.�-:ewe ••0 .1r._-+'5,�•s��.`�i�a '''.%.7'__ _ r- /e l, w , ra ?!'�.'•4�j"{.',y7f j,�:.�1n,..� ,,`�l��.,.,, ��'cy� ..f�1 ':k;a�l<•• 'y�'�'•T`,,T��.`,fg.�,r , C., / �sf��.g��j,•?�,ry 3ilt , .LI_y;y::,.•�',y,S�,.''•!))) /" � f ��tt��,_. •j i •'cf S 4 .�c,�P 'l1.4�Vi�[J- •�e�.• �' Figure 6 . Structure 1 , Jackson homestead . Photograph looking southeast . tr. S Figure 7. Structure 1 , photograph looking west. 20 ___ ::;- _ ==-_--__= r Figure 8. Structure 2, photo looking west . P' I ' .'��,d'..+e .6A'�'L'•.•:y a,. `r +j �"o``: ' �- � •SIP:" �/� <r,C''` �,�# � �;:�L";;�'rT L� ' 'F aA ' 9` d Figure 9. Structure 2, photo looking north. 21 r TV _ - • - • oil - aft - . • z� i t�rY�{�tl,r�ti��l�E; � �J.dl•�ljai`}�.��t���,1`I" '►��•.1�/r4.1 '-i�•�;�(fi`0.t��.`��}j��;l �t���'�;� �r��• � ..4//'�f :.h:t;,i'�i',:Ir f...V�.� i. t`r�, t i `� r _i' '' �1M1S tt:' >f;;;��v#h Lp }} •//'l 4�, >t , r i t f T r +.� 1:::'�i 1• t,� ��� f � � . i �(�, �� t" -°•`,:• t �''�>� to"�;l k� fit. Win..: •-,.sS -,` '? •�. ,� �"°►. •`„= r •r6'.� "�'..�. -c,,` - may. Figure 12 . Structure 4, photo looking northwest . Wr 19 N I n 'J)���,1�wy::F;./;J�S!T:''G �„�' %...dam.�•';S�,• - .}�, ', /. .roJPce`Lf �i'�'''. :►ftJL7iV _yZ�2 `'�ky�,_`»f '�., iS,1Sy, �.. ��J, `c�s�a� `► :i�£6JlIQ:WWf1.�CR 'yE: ,J�vh�i1h ��IJ'� tYd Figure 13. Structure 5, photo looking northeast. 23 1 - • N 6 R"�� �`ai� t/7 :` -j� ���'.`�,,,.'rey/,�I�av�r� '''1.G4'-'�y�e.'•' Figure 14• Structures 6, 7, and 8. Photo looking northeast . V. i i ' { r _ - ;I' .^ � :•":ice ��(,� .�:.;y I'yi`gt�.�C:;4�. tq. ♦�`a�i.!%�.��.7'K. "34 ftk:.:_• "7;.;�'.,•!`..:•,,: :':'= LR �. .1'`• .��aS':!:lf� 3�•.�u:•. !. �1•r!'.a`�i'./i.n.,K'.JY: ^•_•I r'•_•�a' ..-.: .;4 i Figure 15 . Structure 9. Photo looking east. 24 S r„ 'b:� ?s'', .:'t�:�.•rf� s,'Si;!>,':r• •� ..41w. _ ., ;^.� _ � .L_.. .Es,�.�y7{�,��� ._ �ttTtti �.���g �t7�� r f:•r.\,] '�.�` <J� -?-,�-o';�'.�/?s'-.'B'c .:✓: �'„�:.,/�� �.�4��� .�� .fir Figure 16 . Feature 1 , photo looking east showing entryway • collapsing roof. „y .;.K. �•�f���•,.fir. 7� � •fie •�'Sf�"•(},,��� sf!1 �5�41. r2'.``FF lfd..=�i�i�,'�. 'b'• G`��}lam t y�Y1SOf�.�:t:��)�'�.rv�,✓•d�:y�� �t 4 t �� �i �({;7� ,t:�. a,1 � �•9. 9 14 Lk 4 i Figure 17. Feature 2, photo • • • 26 i r