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HomeMy WebLinkAbout638300219761702320) ' t.an Z 918,9ISttsanEBeatrice �a ior' ri Walkers Prope= y� '�Spr�ghiF�..R•.d"�Hig�w�y��;H�' i N CD 1 co O N j • j t - 1 • i I FILE FOLDERS LEGAL SIZE—SPAT P. . maruAaw(ep br SPW�mrty Co.oleos�_ 7-1 ,J�\ 1 _ 4 1J 1_7 oi Interoff'ice emo Date: May 29,2002 To: Paul Luwe, City Aft Cc: Rick Hixson, g City Engineer, Pattie-Day Moore,Assistant City Attorney,Tim Cooper, Assistant City Attorney From: Debbie Arkell, Director of Public Service RE: Floodplain issues in Walker Property PUD Attached is a letter from Scott Gillilan regarding his concern with floodplain issues in the Walker Property PUD. The written notes on the letter are from Rick Hixson, g City Engineer. You will recall that the Walker Property PUD was reviewed during the City-County Planning jurisdiction era. The City's Planning and Engineering staff both reviewed and commented on the project. Mr. Gillilan is suggesting the City not annex this property until a thorough study of the floodplain be undertaken, as he does not feel the existing FEMA (which we utilize and depend on) is accurate. Rick has suggested you "take a look" at what the City's liability would be if the property is annexed and flooding occurs. If you think this may be an issue, we may want to recommend to the Commission that their action on these annexations be delayed until you have adequate time to research the issue. Please let Rick or me know if you have questions. Enclosure r — 40 : oF-661 !� GILLILAN ASSOCIATES, INC. Y i Resource Recover, & Rest E D M NY 4 2002 ` M y 13, 2002 Susan Kozub Cityof Bozeman Planning Department DE?ARTM19ENT OF PLANNING 9 p P.O. Box 1230 Bozeman MT 59771-1230 RE: Walker PUD Dear Susan, As you may be aware, Gillilan Associates, Inc. (GAI) is currently contracted with Gallatin County to review floodplain permits and draft new floodplain regulations. In this capacity, the Walker PUD property has come to our attention on numerous occasions. Since the City of Bozeman is preparing to annex this property, I thought it worthwhile to bring some floodplain issues to your attention. A good deal of the PUD is in the historic and active floodplain of the East Gallatin River, and unfortunately, the FEMA maps for this area have been demonstrated to be poor approximations of actual hazard areas. For example, while the maps portray portions of units R-3 and R-2 as being on islands outside the 100-year floodplain, observation of the property shows no such elevated ground. Further, a recent flood study across the river demonstrated overbank flooding during a 1- to 9-year flood event. The existing homes are poorly sited (too close to the river), do not appear to be elevated or otherwise flood proofed, and will likely be damaged during a relatively frequent flood event, much less a 100-year event. e 41i dfty +Compounding my concern are activities taking place across the river in the OldAFarm,development that may very well increase the likelihood and magnitude of flooding in thef�kff'Walker PUD. These activities include what appear to be un-permitted flood flow routinplacement of fill and construction of flood protection ber s. The Co my has been alerted to these issues. "yy '"Q' Nf-c tA4s ) sow Given the l ceo new city floodplain regulation and awareness oof-�flood issues, I recommend that the property not be annexed until a orough study of the actual 100- ear floodplain is undertaken that takes into account across river activity and changes to the river since azQ ti the original FEMA study. Further, by annexing the property, the city will be taking one the liability of several expensive homes'that will likely become public nuisances with repeat flood damages. Without doubt, no new homes or businesses should be built until a new appraisal of flood hazards is undertaken. 6i3`,N.Lamme•Bozeman.h8T 59715.Ph*406-582 ?660•Cax:406-582.1226•gai@mcn.net cl— 1 Thanks you for the opportunity to comment. I would be happy to discuss these issues with you if you have any questions. Sincerely, Scott Gillilan Principal Cc: Lanette Windemaker, County Planning Department f i[y U ACU239 4.1.1.1 cLot 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 l 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 f UH, 124 PACU240 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. GA u a-rr At 5.4 Committee approval will be required before plans are s��pmittedNo�he Ty County Planning Office for site plan review against they-et-hea=-lea omg�"' ��r�Ut cNs .+Nu• d-Br&zeman-tea Subdivision Regulations in effect at the time of site plan application and review. r i , Lanu cow err 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. Declaration • 10 r FIN iNPACUM 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 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 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. 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 - I 1 A (180) day exterior completion requirement only. In such case the site shall be taken 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 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 I& day of Morci. , CC� � STATE OF MONTANA ) ss. County of Gallatin ) On this 14fe day of A.D., 19 �— , before me, a Nowy Public for the State of Montana, personally appeared E kaoa-n to me to be the persons who executed the within and foregoing instrument and (; xkiwwlodgod to me that they executed the same. f Notary Public for the State of ,Montana (SsaJ) Residing atT �, 0�t My commission expires firms _ 21-13 1 Declaration • 12? DECLARATION OF RESERVATIONS AND PROTECTIVE COVENANTS Y ki 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. ! 1 { 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 V4 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. k 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. I1 j i 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; 0 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 a 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. i� 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 stricture) 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 Recordees 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 Jt ' . prior to issuance of building permits. Y 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 Ik Dwelling units on second storey . Health and exercise/fitness center Medical offices Photographic studio 57 Restaurants =i> Tennis and racquet club Fences; signs, refuse containers tia� Parking areas ` Private garages for offices and apartments k� Such other similar or essential uses as approved by the Committee and by the J appropriate City or County authorities i 2.3 Commercial Lots -Zoned B-1 Lot 1 of Block 3; Lots 1, 2, 3, & 4 of Block 4 Ill.;' 2.3.1 Permitted and Approved Conditional Uses: t� Churches t Dwelling units on second storey l j 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/frtness center Laundromat, self-service Declaration - 3 I It 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 s.. 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 1. 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 _j 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 t f1' g Lot 1 o Block 3 and Lot 4 of Block 4 is limited to 5,000 square feet. 2. r r 3 5 The maximum u x m m 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 i 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. tj 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 4'E 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 t 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 li 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 it . ,t E 3.1 Utilities Declarants will provide underground electricity, natural gas, telephone and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, and telephone services to the residence, business, or place of use from the primary line. 1'.} All utilities shall be underground. No additional fuel storage will be permitted without the t permission of the Committee. Communication antennae and satellite dishes must be H situated so as to reduce visual impact and be in compliance with the Bozeman Zoning i+ Ordinance. The installation of communication antennae or satellite dishes is subject to prior `1 approval from the Committee. 4 Declaration•5 -k tip= 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 Y 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. F r r C`- 3.5 Vegetation 3.5.1 There shall be no cutting, removal, or voluntary destruction of timber or i vegetation located on the premises except: `JF • to the extent necessary and approved by the Committee to enable the building of structures and improvements on a building site; • landscaping; ' �s • removal of dead or diseased trees and noxious weeds; or • the maintenance or establishment of approved roads, streams, driveways, or =1 ponds.' ' } , 3.5.2 Due to the need for wildlife habitat, no vegetation or deadfall shall be removed P, :• within the 100-foot habitat preservation setback along the East Gallatin River without fY.- 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. 44 � s Y 3.6 Weeds 1 a pw Weeds in the common open space will be controlled b the Association according.to the Pe P Y g. weed control plan approved by the County Weed Control Board. The owner of each lot f Declaration 6 Y . 9 shall control the weeds and all noxious plants on owner's lot provided, however, that f 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 f 3.7.1 An overall landscape/imgation 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. i 9 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. i 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 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 j 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. 1 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 f 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. i� 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 ;n "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. E:y""•` 4.1.4 If an owner holds more than one lot, that person shall be considered-a member for each lot held. i 4.1.5 If a lot is subdivided, each resulting lot owner shall be a member of the a Association. c f 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 f , ' (except in the case of multi-family dwelling lots). � s 4.2 Assessments E The Association shall have the right to determine,levy, collect, and enforce annual and/or T{ 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. r�r� 4 1;, 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. i 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. ij i� 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. 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. a 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. 1 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 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 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 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. 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 ,I Declaration • l 1 `' (180) day exterior completion requirement only. In such case the site shall be taken 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 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 /i1arck , 19q.STATE OF MONTANA ) ss. County of Gallatin ) J On this /6"'� day of wlg zc_�4 , A.D., 19 4 z , before me, a Notary Public for the State of Montana,, personally appeared S �,4ilJ � �.4�i'LL77P � [Zip RtfF /e A�/CviP i known to me to be the persons who executed the within and foregoing instrument and acknowledged to me that they executed the same. I Notary Public for the State of Montana (Seal) Residing at My commission expires n\rc_ i`l93 Declaration• 12 , 0 4 { 4.2 Retail Area Characteristics 6 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 fora 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 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 1 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 siring 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.) I i I; Guidelines • 8 0 i 5.0 Landscape Elements i 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 a, 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 'i 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. s 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 i 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 patters, 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. < I 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. Cate 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 H> 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 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) i p 6.3 The exception to small parking units will be the retail area where efficiency and ease of j 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. f 7.0 Signage, Fencing,and Lighting F 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 t' 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. j 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 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. x, 4. < 7•� t 1 Guidelines • 20 i DECLARATION OF RESTRICTIONS AND PROTECTIVE COVEN THE WALKER PROPERTY �. MAR 19 2001 A PLANNED UNIT DEVELOPMENT GALLATIN COUNTY,MONTANA Gallatin County Planning Office 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 , .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 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 1A,Block 6 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 V�rs�i av� c� P ro P osed rhaA�.s MJ� vtuval� 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 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 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 lA of Block 3;Lots lAl, 2A, 3A of Block 4;Lot lA of Block 6 2.3.1 Permitted and Approved Conditional Uses: Churches Hotel or Motel 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 Declaration•3 Laundromat, self-service 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 Gallatin CounoOozeman Area Zoning Regulations. Any subdivided lot will also be Declaration•4 i reviewed against the Bezeman ArFeaSubdivisien Regulations Gallatin County Subdivision Regulations in effect for the area at the time of application. 2.3-3 The-te 7Hi ess fleer area-€9r-all lets eezrbined on Bleeks 3, 4, and o is fif.-Ated to 57,500 a gee« 2.3.4 The maximum gross floor area for each commercial structure on Lot 1A1 of Block 3 and Lot lA of Block 6 is limited to 5,000 square feet. 2.3.5 The maximum gross floor area for each commercial structure on Lots 1A1 &2A of Block 4 is limited to 5,000 square feet, except that,utilizing zero lot lines,one structure on Lots 1A1 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 10,800 17.50 square feet and a maximum total gross floor areaef 15,QW square feet(building coverage) of30% of the lot area. 7 In a stpaet a that a ds c !Wl square feet,theR+a*4aum fleer-spaee f • 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 and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, and telephone services to the residence,business,or place of use from the primary line. All utilities shall be underground. No additional fuel storage will be permitted without the permission of the Committee. Communication antennae and satellite dishes must be situated so as to reduce visual impact and be in compliance with the Bozeman g Declaration•5 gee Gallatin County Subdivision Regulations. The installation of communication antennae or satellite dishes is subject to prior approval from the Committee. 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. Declaration•6 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 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. Declaration•7 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. 4-3.12 New Structures 4-3.12.1 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 r atieas Gallatin County Subdivision Regulations. 4-3.12.2 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 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 processed and reviewed against the the Bezefaan Area Zene Code Gallatin County Subdivision Regulations and Gallatin CountvBozeman Area Zoning Regulations 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. 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 By-laws of the Walker Property Owners Association. 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 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 Declaration•8 i 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 lA (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. 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•9 • • 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 sewage disposal system accessing the City of Bozeman sewer line to the Waste Water Treatment Plant; •maintenance of pedestrian pathways on common open spaces; • maintenance of painted pedestrian crosswalks; •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: 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. 4.1.2 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. Declaration• 10 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. 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 Gallatin County Subdivision Regulations and Gallatin CountvBozeman Area Zoning Regulation 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 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 complete the unexpired term shall be selected by the remaining members of the Committee. Declaration• 11 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; I and •enforce these covenants in any court of law or equity when it reasonably believes the covenants have been violated. 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 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. Declaration• 12 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. 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 (180)day exterior completion requirement only. In such case the site shall be taken 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 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. i Declaration• 13 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 Bezefaan City Eeissie�r. 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 Amended May, 1995 Declaration• 14 it,3 Oj,vi,R� 4s 4 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 9 5.0 Design Review Committee 11 6.0 Amendments 14 7.0 Exhibits 15 DECLARATION OF RESTRICTIONS 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, 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 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. J.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 1A, Block 6 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 J be approved by the Committee and comply with applicable City and County regulations. I 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 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 IA of Block 3;Lots lAl, 2A, 3A of Block 4; Lot lA of Block 6 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 i 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. a 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 3,4, and 6 is limited to 57,500 square feet. 2.3.4 The maximum gross floor area for each commercial structure on Lot lAl of Block 3 and Lot IA of Block 6 is limited to 5,000 square feet. 2.3.5 The maximum gross floor area for each commercial structure on Lots 1 A 1 &2A of Block 4 is limited to 5,000 square feet,except that, utilizing zero lot lines,one structure on Lots IAl 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. 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 and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, and telephone services to the residence, business, or place of use from the primary line. All utilities shall be underground. No additional fuel storage will be permitted without the permission of the Committee. Communication antennae and satellite dishes must be situated so as to reduce visual impact and be in compliance with the Bozeman Zoning Ordinance. The installation of communication antennae or satellite dishes is subject to prior approval from the Committee. 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. Declaration--6 I ' I 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 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. Declaration•7 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. 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 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 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. 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 By-laws of the Walker Property Owners Association. 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 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 Declaration• 8 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 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. 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•9 • 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 sewage disposal system accessing the City of Bozeman sewer line to the Waste Water Treatment Plant; •maintenance of pedestrian pathways on common open spaces; • maintenance of painted pedestrian crosswalks; • 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: 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. 4.1.2 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. Declaration• 10 ' 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. 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 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 complete the unexpired term shall be selected by the remaining members of the Committee. Declaration• 11 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. 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 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. Declaration• 12 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. 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 (180)day exterior completion requirement only. In such case the site shall be taken 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 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. Declaration 13 r aa ( yOf GALLq��a ` r II 4�7rF OF MO�'r GALLATIN COUNTY STAFF REPORT TO: GALLATIN COUNTY COMMISSIONERS,,1 FROM: BILL ARMOLD,PLANNING DIRECTOR SUBJECT: WALKER PROPERTY PUD TEXT AMENDMENT CONDITIONAL USE PERMIT GALLATIN COUNTYBOZEMAN AREA ZONING DISTRICT HEARING DATE: MAY 15,2001 BACKGROUND Beatrice R. Taylor has made application for a text amendment to the Walker Property Planned Unit Development (PUD). The subject property is located at the northeast comer of Spring Hill, Road and Highway 10, near the U.S. Interstate 90/19t' Avenue interchange, and is within the jurisdiction of the Gallatin County/Bozeman Area Zoning District. The property can be more particularly described as the Walker Property Subdivision, Portion of Tract 1, COS #1498, Tracts 2, 3 & Portion of Tracts 1 & 4, COS #1498B, located in the NE 1/4 & SE 1/4 of Section 26, T1S, R5E, PMM. The Walker Property Planned Unit Development (PUD) was originally approved by the City of Bozeman in 1990, and has developed consistent with the requirements of the,Declaration o6l.. . Restrictions & Protective Covenants. Any new development or redevelopment of property within the PUD must comply with the requirements of the Restrictions & Covenants, which regulate land uses, setbacks, easements, building allowances, open space, landscaping, etc. The overall zoning pattern within the PUD includes a mix of Residential-Office (RO), Neighborhood Service District (B-1), Residential Single-Family Medium Density (R-2), Residential Medium Density(R-3), and Agricultural-Suburban(AS). Planning Department a 311 West Main,#200 • Bozeman, MT 59715 Phone (406) 582-3130 . FAX(406) 582-3135 SPECIFIC REQUEST The specific request to amend the text of the Declaration of Restrictions & Protective Covenants is as follows: 1; Add "hotel/motel" as a permitted and approved conditional use within the B-1 zoning i district; 2. Establish a maximum building coverage of 30% of the lot area for commercial lots; 1 Correct the jurisdictional authority from the City of Bozeman to Gallatin County. I The'request for a text amendment to the PUD must be processed as a conditional use, and in addition, according to Section 6.0 of the Declaration, which requires the written consent of 90% of the property owners within the PUD. The signed consent form meeting that requirement is included within the application packet. The text amendments (excepting #3) are specific to the B-1 commercial zoning classification. Therefore, the affected properties within the Walker Property PUD include: Lot IA of Block 3; Lots lAl, 2A, 3A of Block 4; and Lot IA of Block 6. • SEE ATTACHED ZONING MAP 1990 GALLATIN COUNTYBOZEMAN AREA MASTER PLAN UPDATE The property subject to the text amendment application is currently designated as Commercial under the 1990 Gallatin County/Bozeman Area Master Plan Update. The intent of the Commercial classification is as follows: Commercial: Commercial areas are areas where the most intensive types of commercial and high density residential development may take place; while Commercial areas may include either commercial or multi-family development, adequate but controlled access to arterial streets is essential; the commercial areas are intended to develop as the major commercial and service activity centers of the community; residential densities may range up to 27 dwelling units per acre. Walker PUD Text Amendment p.2 In addition, a number of land use implementation guidelines are provided which are intended to aid in governing land use planning pertaining to the development of land designated as Commercial in the Land Use Plan Element. The applicable guidelines are as follows: • Allowable Land Uses Commercial activities in areas designated Commercial include all service, light manufacturing, retail, professional office uses, and multi-family development. GALLATIN COUNTY PLAN Relevant Goals Economic Development: Goal 3: Continue to support the long-term economic development goals of the community, and support the programs necessary to accomplish these goals. Goal 5: Encourage economic development associations to promote the expansion of existing businesses and the location of new businesses that will provide a variety of industrial and commercial activities, providing they are harmonious with our natural environment. Public Facilities: Goal 3: Encourage development to occur within the Bozeman Urban Growth Area. Goal 7: Encourage in-fill development where appropriate to assure maximum use of existing public facilities within the Bozeman Urban Service Area and maximum cost-efficiency to the City and the users. Walker PUD Text Amendment p.3 GALLATIN COUNTYBOZEMAN AREA ZONING REGULATION According to Section 54.020 of the Gallatin County/Bozeman Area Zoning Regulation, the intent of a planned unit development is as follows: It is the intent, through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the zoning jurisdiction. Specifically, with regard to the improvement and protection of the public health, safety and welfare, it shall be the intent of this title to promote the pursuit of the following community objectives: A. To ensure that future growth and development occurring within the zoning jurisdiction is in accord with the Gallatin County Plan, its specific elements and its goals, objectives and policies; B. To encourage innovations in land development and redevelopment so that greater opportunities for better housing, recreation, shopping and employment may extend to all citizens of the Gallatin County area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; E. To avoid inappropriate development of lands and to provide adequate drainage and . reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; Walker PUD Text Amendment p.4 7 J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments; and M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community as a whole. Again, the subject property is classified as B-1, Neighborhood Service District. The intent of the B-1 neighborhood business district is "to provide for small retail and service activities frequently required by neighborhood residents on a day-to-day basis, while maintaining a residential character". By virtue of the PUD process, the list of allowable uses within the B-1 zone are contained within the Declaration of Restrictions & Protective Covenants. The list of uses includes primarily retail and service uses, but currently does not include hotels or motels. Restrictions on maximum building size are currently based upon maximum gross floor area square footage. The proposed text amendment would limit building size on B-1 properties through a maximum lot coverage percentage of 30%. PUBLIC NOTICE Public notice of this hearing was published in the High Country Independent Press on April 5, 2001. The property was posted in three (3) separate locations within the Walker Property PUD, and notice was mailed to adjacent property owners, as required by the regulation. No public comment has been received to date. Other department/agency comments were not available at the time of staff report distribution, but will be presented at the public hearing. Walker PUD Text Amendment p.5 FINDINGS The County Commission, after hearing and considering all public testimony, needs to determine whether or not the request as proposed by the applicant is in the public interest and meets the following: 1. Whether or not the proposed text amendments correspond to the goals of the Gallatin County Plan; 2. Whether or not the proposed text amendments correspond with the Gallatin County/Bozeman Area Master Plan Update; 3, Whether or not the proposed text amendments correspond- with the Gallatin County/Bozeman Area Zoning Regulation, specifically; a. Section 28: B-1 Neighborhood Service District; and b. Section 54: Planned Unit Development; 4. Whether or not the proposed text amendments are compatible with the intent of the specific Walker Property PUD concept and accompanying regulations. BBArmold\Walker-PB,CUP Rpt..doc Walker PUD Text Amendment p.6 CAL ' i1�r7rB OF MO r GALLATIN COUNTY STAFF REPORT TO: GALLATIN COUNTY PLANNING BOARD FROM: BILL ARMOLD, PLANNING DIRECTOR SUBJECT: WALKER PROPERTY PUD TEXT AMENDMENT CONDITIONAL USE PERMIT GALLATIN COUNTYBOZEMAN AREA ZONING DISTRICT HEARING DATE: APRIL 24, 2001 BACKGROUND Beatrice R Taylor has made application for a text amendment to the Walker Property Planned Unit Development (PUD). The subject property is located at the northeast corner of Spring Hill Road and Highway 10, near the U.S. Interstate 90/19d' Avenue interchange, and is within the jurisdiction of the Gallatin County/Bozeman Area Zoning District. The property can be more particularly described as the Walker Property Subdivision, Portion of Tract 1, COS #1498, Tracts 2, 3 & Portion of Tracts 1 & 4, COS #1498B, located in the NE 1/4 & SE 1/4 of Section 26, T1S, R5E, PMM. The Walker Property Planned Unit Development (PUD) was originally approved by the City of Bozeman in 1990, and has developed consistent with the requirements of the Declaration of Restrictions & Protective Covenants. Any new development or redevelopment of property within the PUD must comply with the requirements of the Restrictions & Covenants, which regulate land uses, setbacks, easements, building allowances, open space, landscaping, etc. The overall zoning pattern within the PUD includes a mix of Residential-Office (RO), Neighborhood Service District (B-1), Residential Single-Family Medium Density (R-2), Residential Medium Density(R-3), and Agricultural-Suburban(AS). Planning Department • 311 West Main, #200 • Bozeman, MT 59715 Phone (406) 582-3130 © FAX (406) 582-3135 SPECIFIC REQUEST The specific request to amend the text of the Declaration of Restrictions &Protective Covenants is as follows: 1. Add "hotel/motel" as a permitted and approved conditional use within the B-1 zoning district; 2. Establish a maximum building coverage of 30% of the lot area for commercial lots; 3. Correct the jurisdictional authority from the City of Bozeman to Gallatin County. The request for a text amendment to the PUD must be processed as a conditional use, and in addition, according to Section 6.0 of the Declaration, which requires the written consent of 90% of the property owners within the PUD. The signed consent form meeting that requirement is included within the application packet. The text amendments (excepting #3) are specific to the B-1 commercial zoning classification. Therefore, the affected properties within the Walker Property PUD include: Lot lA of Block 3; Lots 1Al, 2A, 3A of Block 4; and Lot 1A of Block 6. • SEE ATTACHED ZONING MAP 1990 GALLATIN COUNTYBOZEMAN AREA MASTER PLAN UPDATE The property subject to the text amendment application is currently designated as Commercial under the 1990 Gallatin County/Bozeman Area Master Plan Update. The intent of the Commercial classification is as follows: Commercial: Commercial areas are areas where the most intensive types of commercial and high density residential development may take place; while Commercial areas may include either commercial or multi-family development, adequate but controlled access to arterial streets is essential; the commercial areas are intended to develop as the major commercial and service activity centers of the community; residential densities may range up to 27 dwelling units per acre. i Walker PUD Text Amendment p.2 i i In addition, a number of land use implementation guidelines are provided which are intended to aid in governing land use planning pertaining to the development of land designated as Commercial in the Land Use Plan Element. The applicable guidelines are as follows: • Allowable Land Uses Commercial activities in areas designated Commercial include all service, light manufacturing, retail, professional office uses, and multi-family development. GALLATIN COUNTY PLAN Relevant Goals Economic Development: Goal 3: Continue to support the long-term economic development goals of the community, and support the programs necessary to accomplish these goals. Goal 5: Encourage economic development associations to promote the expansion of existing businesses and the location of new businesses that will provide a variety of industrial and commercial activities,providing they are harmonious with our natural environment. Public Facilities: Goal 3: Encourage development to occur within the Bozeman Urban Growth Area. Goal 7: Encourage in-fill development where appropriate to assure maximum use of existing public facilities within the Bozeman Urban Service Area and maximum cost-efficiency to the City and the users. Walker PUD Text Amendment p.3 GALLATIN COUNTYBOZEMAN AREA ZONING REGULATION According to Section 54.020 of the Gallatin County/Bozeman Area Zoning Regulation, the intent of a planned unit development is as follows: It is the intent, through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the zoning jurisdiction. Specifically, with regard to the improvement and protection of the public health, safety and welfare, it shall be the intent of this title to promote the pursuit of the following community objectives: A. To ensure that future growth and development occurring within the zoning jurisdiction is in accord with the Gallatin County Plan, its specific elements and its goals, objectives and policies; B. To encourage innovations in land development and redevelopment so that greater opportunities for better housing, recreation, shopping and employment may extend to all citizens of the Gallatin County area; i C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; j E. To avoid inappropriate development of lands and to.provide adequate drainage and . reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; Walker PUD Text Amendment p.4 J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmful encroachment of newer, incompatible developments; and M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community as a whole. Again, the subject property is classified as B-1, Neighborhood Service District. The intent of the B-1 neighborhood business district is "to provide for small retail and service activities frequently required by neighborhood. residents on a day-to-day basis, while maintaining a residential character". By virtue of the PUD process, the list of allowable uses within the B-1 zone are contained within the Declaration of Restrictions & Protective Covenants. The list of uses includes primarily retail and service uses, but currently does not include hotels or motels. Restrictions on maximum building size are currently based upon maximum gross floor area square footage. The proposed text amendment would limit building size on B-1 properties through a maximum lot coverage percentage of 30%. PUBLIC NOTICE Public notice of this hearing was published in the High Country Independent Press on April 5, 2001. The property was posted in three (3) separate locations within the Walker Property PUD, and notice was mailed to adjacent property owners, as required by the regulation. No public comment has been received to date. Other department/agency comments were not available at the time of staff report distribution, but will be presented at the public hearing. Walker PUD Text Amendment p.5 FINDINGS The Planning Board, after hearing and considering all public testimony, needs to determine whether or not the request as proposed by the applicant is in the public interest and meets the following: 1. Whether or not the proposed text amendments correspond to the goals of the Gallatin County Plan; 2. Whether or not the proposed text amendments correspond with the Gallatin County/Bozeman Area Master Plan Update; 3. Whether or not the proposed text amendments correspond with the Gallatin County/Bozeman Area Zoning Regulation, specifically;, a. Section 28: B-1 Neighborhood Service District; and b. Section 54: Planned Unit Development; 4. Whether or not the proposed text amendments are compatible with the intent of the specific Walker Property PUD concept and accompanying regulations. Walker PUD Text Amendment p•6 GALLATIN COUNTY PLANNING BOARD RECOMMENDATION APPLICATION BY BEATRICE R.TAYLOR TO AMEND THE TEXT OF THE WALKER PROPERTY PLANNED UNIT DEVELOPMENT (PUD) GALLATIN COUNTYBOZEMAN AREA ZONING DISTRICT BACKGROUND: 1. The Gallatin County Plan was adopted by the Gallatin County Commission (the "Commission") June 1, 1993 (Resolution 1993-14) and revised on October 20, 1998 (Resolution 1998-74). 2. The Gallatin County Plan was revised by the Commission with the incorporation of the 1990 Bozeman Area Master Plan Update on July 13, 1999 (Resolution 1999-42). 3. Section 76-2-201, et. seq., MCA, establishes the authorization for adoption of zoning regulations for all or parts of the Planning Board jurisdictional area. 4. The Gallatin County/Bozeman Area Zoning District was established and Regulations were adopted by the Commission on July 27, 1999, by Resolution 1999-47, and amended most recently by Resolution 2001-09, January 23, 2001. 5. Section 28 establishes requirements for the B-1 Neighborhood Business zone, Section 43 establishes requirements for the Entryway Corridor Overlay District, Section 54 establishes procedures for Planned Unit Development, and Section 53 establishes Conditional Use procedures. REQUEST: 1. Beatrice R Taylor requested a text amendment to the Walker Property Planned Unit Development (PUD) under §53 of the Gallatin County/Bozeman Area Zoning Regulation; to be reviewed under the Conditional Use Procedures. The proposed text amendment would consist of the following: • Add"hotel/motel" as an allowable use in the B-1 zoning district; • Revise the building restrictions for Lot 3A; • Delete the maximum gross floor area requirement for the B-1 zoning district; • Revise all references from Bozeman regulations to Gallatin County regulations. 2. The applicable property is described as a portion of Tract 1 of COS #1498, Tracts 2,3 & a portion of Tracts 1 & 4, COS #1498B, in the NEl/4 & SE '/4 of Section Twenty- Six (26), and the SW 1/4 of Section Twenty-Five (25), Township One South (T1S), Range Five East (R5E), PMM, Gallatin County, Montana. The property is generally located at the northeast corner of Springhill Road &Highway 10. P. ! 3. This application was received as complete on March 19, 2001. A public hearing was scheduled before the Gallatin County Planning Board for April 24, 2001 and the Gallatin County Commission for May 15, 2001. Public notice of this hearing was published in the High Country Independent Press on April 5 h, 2001; posted three places on-site; and mailed to adjacent property owners, as required by the regulation. REVIEW: i 1. The Board considered the staff report and public comment received. Written comment was received from the Gallatin County Road & Bridge Dept, Montana Department of Transportation, City of Bozeman Public Services Director, and City of Bozeman Planning Director. Applicant was in attendance and presented the application. 2. By virtue of the PUD process, the list of allowable uses in the PUD are contained within the Declaration of Restrictions & Protective Covenants. The list of uses includes primarily retail and service uses, but currently does not include hotels or motels. Restrictions on maximum building size are currently based upon maximum gross floor area square footage. The proposed text amendment would limit building size on B-1 properties through a maximum lot coverage percentage of 30%. 3. No members of the public spoke. 4. The Planning Board then found that the proposal corresponds to the goals of the Gallatin County Plan and Bozeman Area Master Plan Update, corresponds.with the Gallatin County/Bozeman Area Zoning Regulation, and is compatible with the intent of the specific Walker Property PUD concept and accompanying regulations. RECOMMENDATION: The Gallatin County Planning Board, voting 7:0, hereby recommends that the Gallatin County Commission approve the application by Beatrice R. Taylor to amend the Walker Property Planned Unit Development (PUD). DATED THIS 30`�day of April, 2001. GALLATIN COUNTY PLANNING BOARD Nick Salmon, president FAZONEDONLMWalker Hotel PB CUP Recc.doc P-2 i t I I .10 RIN Walker } U, �; xyM 3�t PUD ti T S F L.:Kll b� 1 •'F�jyi+:y ` Y — 0 • I� U' 1 • i 10 • • • City of Bozema j Major roads N City of Bozeman RoadsWalker PUD • Structures Gallatin County Planning Dept Streams ms&Ditches d Parcels 15 April 01 GC/BA Note: Boundaries are Approximate ®R 2 500 0 500 1000 1500 Feet Official Map on File 0 ®R-3 R-O AT `,11 Gallatin County, Montana Road & Bridge Department 201 West Tamarack , ,qTF OF M�N�4' Bozeman,MT 59715 Phone: (406) 582-3250 Fax: (406) 582-3255 April 16, 2001 Gallatin County Planning Gallatin County Courthouse 311 W.Main,Room 200 Bozeman,MT 59715 Dear Bill Arnold: Re: Walker Property PUD Please be advised that the'Gallatin County.Road Department has no comments concerning the Walker PUD,since all-access-roads to the property,are controlled the MDOT. If any other information is needed,please so advise. Sincerely, GALLATIN COUNTY,MONTANA Road&Bridge Departments Roy Steiner Road Engineer rs cc: Gallatin counf*. Tannin �a:._ Arif-ly-U1 TriU J.' I rm r 802�'�l CITY OF BOZEMAN DEPARTMENT OF PLANNINGAND COMMUNITY DEVELOPMENT 9� * Street address: Alfred M.Stiff Professional Building Phone: (406)582-2360 a 20 Past Olive Street Fax: 582 2363 Mailin address: P.O.Box 1230 t g E-mail: planning@bozeman.net trt�co �o Bozeman,Montana 59771�1230 Worldwide web: www.bozeman.net MEMORANDUM TO: BILL ARMOLD,GALLATIN COUNTY PLANNING DIRECTOR FROM:ANDY EPPLE,PLANNING AND COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 16,2001 RE: PROPOSED TEXT AMENDMENT—WALKER PROPERTY PUD ------------- --------------------------------------- -----------.............................-------- ------------- Thank you for the opportunity to continent. Your office has all the files now,but our recollection is that the commercial components of the Walker Property PUD were planned and approved to be developed at a "neighborhood=scale" rather than at a general commercial scale. The approved uses and scale of the development were-intended to primarily serve the neighboring community,not interstate travelers: We felt at the time that neighborhood scale development was best reflected by the B-1 zoning designation. The Zoning Commission and City Commission did not wish to see the Walker Property PUD develop with uses more typically found in.general commercial (B-2) areas, and modified the originally proposed use lists accordingly during the course of review. Amending the PUD guidelines to allow for motels in the Walker Property PUD (or changing the zoning to B=2 to accommodate motels)(would not,'in our opinion;- be- consistent-with-the original intent-of the PUD approval. 'I- - The Draft Bozeman 2020 Bozeman Community Plan,which will govern land use in this area,when it is annexed, has this area designated for Neighborhood Commercial as well, not Community or Regional Commercial. Please let me know.if you have any questions or need any additional information. cc: Debbie Arkell pkvvft • zom%• sithkisionredem• awmatim 9 bistaicpmavaian• Gaming• swradnzrastnaim• ?eia9v16ox w=&1 rian APR-13-01 FRI 10:25 AM MTDEPT TRANSPORTATION FAX:14065865202 PAGE 1 rr� MONTAIVA-DEPARTMENT--- OF TRANSPORTA BOZEMAN AREA OFFICE FAX HEADER APR 130 I FAX NUMER(406)586-5202 OFFICE,NUMBER(406) 586-9562 Gallatin C01 Inty planning 0 ilce DATE: A014 o r - �.� • _ _ d ae a a� DI;PT/DIV: CITY: PHONE: 1 I'IZOM: l w5 /1 o e.- I DEPT/DIV: 4902c nLa-- CITY: NUMBER OF PAGES INCLUDING THIS COVER SHEET: � NOTES: De ekn cu.0 7t < 4 y4`�T�T Mir y f OF MO� GALL ATIN COUNTY TO: Andy Epple, Bozeman Planning & Community Development Director Debbie Arkell, Bozeman Public Services Director Bryan Connelley, City of Belgrade Asst. Fire Chief Lee Provance, County Road&Bridge Superintendent Rob Bukvich, Engineer, Montana Department of Transportation FROM: Bill Armold, Planning Director DATE: April 12, 2001 RE: Proposed Text Amendment—Walker Property Planned Unit Development This is to request your review and comment on the above-described zoning application. The essence of the text amendment is to allow hotel/motel as a listed use under the B-1 zoning classification(See Page 3, Declaration of Restrictions), and to revise the restrictions on gross floor areas and lot coverage (See Page 5, Declaration of Restrictions). I realize this is short notice, but if you could fax or email your comments by Friday, April 20t',I would greatly appreciate it. I've had to schedule this for hearing before the County Planning Board for their April 24`h regular meeting, so I'm scrambling to pull everything together for that date. Thank you in advance for your input. Planning Department ® 311 West Main,#200 o Bozeman, MT 59715 Phone (406) 582-3130 ® FAX (406) 582-3135 APR-13-2001 10:26 FROM:80ZEMAN CITY ADMIN 4065822302 TO:3135 P%E:02 0 �- ®IRECrOR OF PUBLIC SERVICE MEMORANDUM FAX 582-3135 APR 1OQI TO: Bill Armold,Gallatin County Planning Director FROM: Debbie Arkell,Director of Public Service DATE: April 12,2001 U RE: Proposed Text Amendment- Walker Property PUD i Thank you for the opportunity to comment on.the proposed amendment to the Walker Property PUD. 1 don't recall the year when,this PUD was originally approved,-but-believe it wassince 1990,when the new PUD regulations were implemented within the City-County zoning jurisdiction. This PUD was/is somewhat unique, in that the developer also chose to re-zone the land, and then pick and chose which uses listed in the Zone Code within those districts would be permitted in the PUD. Thus,not all code permitted uses are allowed in the PUD. In order to review the requested amendment. 1 believe the proposed mote)/hotel use should be reviewed against.the applicable PUD criteria of the Zone Code,as well as against the intent of.the 13-1 zoning district. 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: The development that has occurred within the PUD on the B-1 zoned land has complied with this intent. A hotel/motel does not comply with this intent. Perhaps it would be better to look at a rezone of the land to B-2. With regard to public facilities,this-subdi vision is required to connect to municipal sewer. Further, the City of Bozeman, eta], has been ordered by DEQ to provide municipal water within this controlled groundwater area. The impacts of a hotel/motel on the existing municipal sewer capacity was not considered during review of the original PUD, and the meter main has been engineered hased-on the_existing zoning in the area. , If the PUD is amended,the applicant should be advised that the PUD amendment-in no way implies that municipal services,including fire protection,will be-adequate for a hotel/motel,and that the availability of services can only be determined with- additional information.' I hope these continents are helpful.If you have questions,.please call. cc: Andy Epple,Planning Director Chuck Winn,Fire Marshal Craig Brawner,City Engineer Rick Hixson,Staff Engineer i Walker Properly Owners Association April 3,2001 Mr. Bill Arnold Planning Director, Gallatin County Planning Department 311 West Main St.,Room 200 Bozeman,MT 59715 Gallatin pun ,� Dear Mr. Arnold, Planning Qo� The purpose of this letter is to provide your office a formal record of the internal requirements; cestablished in our Walker Property"Declarations of Restrictions and.Protective Covenants" ("the Covenants')relating to construction or improvement on any Walker Property lot. These requirements as delineated in Section 5.0 of the Covenants("Design Review Committee")are attached. As indicated in Section 5.0 of the Covenants,Walker Property owners are required to obtain a formal review of proposed construction or improvements prior to submittal of plans to your office for the obtaining of a County building permit. Please note that,as noted in Section 5.3 of the attachment,this Design Review Committee review is based on assuring compliance with the Walker Property General Architectural Character and Landscape Guidelines and does not,include structural,..safety, engineering or building code requirements. Our Design.Committee Review process includes formal notification of the owner of any concerns,required changes, and/or recommendations related to their proposed construction/improvement plans and requires them to resolve specifically noted items to the committee's satisfaction.-Upon the resolution of items of concern,the Design Review Committee then forwards a letter to your office documenting our review and providing our internal approval, for the owner to proceed with County review. Your dissemination of the requirements as specified in the attachment,to personnel in your office who are empowered to issue building permits, is requested to preclude any inadvertent bypassing of our internal Walker Property compliance review process. Please call me at 582-8213 if you have any questions concerning this request or the above process. Your Harry P. Mann Chairman Walker Property Design Review Committee cc (Design Review Committee members(w/o attachment)) . I Cashman N. Fullerton B. Haggerty S.Nelson w1 � Gallatin County/Bozeman Area Zoning Regulation . Excerpts from Section 54 Planned Unit Development y RaS • �,. �5 ll 54.050 Planned unit development review procedures and criteria. ' D. Final Plan Review and Approval. 4. Amendments to Final Plan. Building permits and other development approvals shall be issued on the basis of the approved final plan and any conditions of approval. No administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: b. Major Changes. i . Major changes to a planned unit development-'shall be approved, if at all, only by the commission, and must follow the same planned unit development review and public hearing process required for approval of preliminary plans. 54.050 Planned unit development review procedures and criteria. C. Preliminary Plan Review and Approval. 2. Public Hearings and Meetings. Public hearings and/or public meetings before the planning board and commission for any preliminary plan application, and public notice of such hearings and meetings, shall be provided in accordance with Section 53.020 of this title. [CUP] 3. Review Criteria. In order to approve an application for a planned unit development the commission shall find that the application is in conformance with all applicable objectives and criteria of Section 54.100 and the criteria in Section 53.030. [CUP] 54.060 Plan submittal requirements. B. Submittal Requirements for Preliminary Plans. The following information and data shall be submitted for preliminary plan review: 1. Document Requirements.... e. A statement of planning objectives, including: i. Statement of applicable land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Gallatin County Plan, iii. Estimate of number of employees for business, commercial and industrial uses, iv. Description of rationale behind the assumptions and choices made by the applicant, v. The applicant shall submit as evidence of successful. completion of the applicable corn.mun.ity design objectives and criteria of Section 54.1.00, documentation pursuant to these regulations for each proposed use. The applicant shall submit written explanation for each of the applicable p.1 objectives or criteria as -to how the plan does or does not address the objective or criterion... vi. Detailed description of how conflicts between land uses are being avoided. or mi ti gated, 3. Supplemental Plan Requirements. i. Traffic Impact Analysis. At the discretion of the planning director a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses. The planning director may require the traffic impact analysis to include the following: i. Land Use and Trip Generation. A table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak hour) and resulting trip generation, ii. Traffic graphics showing: (A) AM peak hour site traffic, (B) PM peak hour site traffic, (C) AM peak hour total traffic, (D) PM peak hour total traffic, (E) Total daily traffic (with site generated traffic shown separately), iii. AM and PM Capacity Analysis. An AM and PM peak hour capacity analysis shall be provided for: (A) All major drive accesses that intersect collector or arterial streets; and (B) all arterial-arterial, collector-collector, and arterial-collector intersections within one mile of the site, or as directed by the planning director, iv. Report format shall be as follows: (A) Trip generation, using Institute of Transportation Engineers Trip Generation Manual, (B) Trip distribution, (C) Traffic assignment, (D) Capacity analysis, (E) Evaluation, (F) Recommended access plan, including access points, modifications and any mitigation techniques, v. Additional Analysis Criteria. (A) Appropriate clearance intervals shall be provided for each exclusive movement. Pedestrian movements must be provided for each cycle and pedestrian overpasses shall not be at intersections. Maximum pedestrian walking speeds shall be four feet per second with a minimum "WALK" time of seven seconds. Intersection pavement widths shall not exceed that required to provide three through lanes in each direction, dual left-turn lanes and right-turn lanes, (B) Traffic progression will be of paramount importance. Consequently, all potential intersections with signals will be placed on quarter-mile points unless otherwise approved by the planning director, p.2 i j (C) Intersection-level of service "C" shall be the design objective and under no"conditions will less than level of service "D" be accepted for site operations. Arterial intersections and turning operations shall operate at level of service T." If level of service "E" is the result of the study, then alternatives of providing level of service "D" shall be analyzed and included as part of the study. Generally, the design year will be approximately fifteen years following construction, vi. Summary analysis explaining: (A) The proposed access points for the project, their location, and the rationale for their placement in terms of circulation, (B) Future off-site road improvements for access, which roads they will be, the projected time frame for their completion and who is responsible for their completion, (C) ADT and level of service changes to all streets, (D) How traffic impacts to existing streets will be minimized by the planned unit development, (E) Describe bicycle and pedestrian pathways within the development, if used, 54.100 Planned unit development design objectives and criteria. E. Design Objectives and Criteria Evaluation Forms. 1. The county will determine compatibility of a project based upon the evidence presented during evaluation of the community design objectives and criteria of this subsection. 2. The following forms will be used in evaluating all planned unit development applications: a. ALL DEVELOPMENT c. COMMERCIAL PUD F:\PLNRUohn\Zone\DO ASec54 excerpts.doc p.3 I • � J 1. I, 1 � Walker PUD El 4 • • 10 „ r 17 • • • City of Bozeman � oad Citytl$r8ozeman N • structures Walker PUD Gallatin County Planning Dept Ditches Streams 8 a Parcels 15 April 01 GC/BAZorilng Note: Boundaries are A roximate ®A-i 500 0 500 1000 1500 Feet pP o R Official Map on File ®R-3 R-O ZTrAS in ^� r100 rfAA/LOW PLAIR•04r. I lr►.•,, s " \ • r LOT 5.317 ACS. \ Cis No. Deg J I W 14403.0I •.c. 0 p I ,.•••' \ �, q R.PERS10f C01dI rRr CLUB h ••N'63.49'511IT 1 4` j . s er•I r lO-E t 230.100, ,m'..• f I12 BLOCK I W. 114 Cap SEc r5 _ FmO.. 2' KUY CAP • I � I I o GA�tat OrEM !►ACS .'•O � � \ •\ 8 ••�••\• 1 !—I 3.551 ACS. LOT 4: •; �.� •\• $ �6.33' 50•E 0 0^ 2.251 ACl1, • • 572.011• 8.TO' WOO'OWE n� LOT 2 1"Co.61 . m S 64. • •1 E g'r 3.555 ACS. : ••: '•._•«.•t••�'\ oO = 1460.03 :'.:.�• ` 1 1.42' I Oo W —� I _•�• ' o PLOWPLA, •r. /r»., t42.97' {•a ,t 1 I 00 OWE ery�� °�° COM�11 OPEN SPACE 111 -_5 4�3 00'00'E roACT I �d �C N. a i•. e°r 1. bi.' °•A•3,'«•t D./20 ACS. p.aa\ 136.88' C�S NA. N(9 •W1 6p�./3 qta •� O ` 1. :o.00 �, ■:ra11 rst .• • r •,Z ,a IVM ,.,.00 S 88 2S 48 E LOT 1: r •g.E ® ,�: •Lamm eR•.,•s. +� , /e 22.3T' I ` 112.t0'..:. pJ.e�f e \.�\ + s Ls• =r� o' • �•' :,\ _ e S 32•C aT • I I s'70.30 o1•E Alr 1 ♦ .. oo•r r,r•O LOTS 2". 2 •► 0 . STORAGE POND OR _ \ 2.04 ACS. nt OT T'�•�:� eo• '• �3S' ? FIRE PROTECTION L \\\\ FILL POINT r v `^' - i.5616 ACS. - I I \io•r \ LOT 6 48 W1 e rg.° e Ar.. •*: •1 \ ,• I sib 1 90'.N• �� ` !9. ,0'r ,� 1,N 1..3. V 6.•N.f'•e'e•, I 1. a� .? aC m"nt. 121.56' `'`.` :ram ! _ ..M,r 1 ' • q„M•V ��•,rv.r• �� ``"�i.•an•L COMMON OPEN SPACE . 10 ��" LOT 8 •t 1 31 ..Ar tOT si a°rt '1.914 AC S. r\4 ..`�gyp\„.a s �' y.• ,._IY,,.:%. �....I V. .asx•r L Oar. t .qqo� — BLOCK 2 — s\.. °y�tl' ! • 6 s ;� U »anr ,.,••.I.;: �$, o LOT 9 a ♦'Y�j o. 'r\•' a •.C. '.920 ACS. t 1 \ C. \ 1M l i 7yA: �r\ y .. v •e. 9'—• J «15.01 " ••/�' •• \ C. uLff t ..roan L.1aAV ` � e. an �`�n LOT 10 i ! y 1_� I L.Orr_BLOCK ti— • L Uff. ro G� I.LSTo cr[ ate,.Sw. fog. N, •2psnr r •if ONLY, ?•+r ALOT A % —BLOCK 4— ea•16'se E �O LOT s s ISo.4e a •\ .e.aar,s r\ r 1D M\ i C,.,t o.r�� '�• •.nur \ ��y• °e. :'g .•f mosTwt •. \ •rrr \ ` 00 JQLW N. e.nsAr is•,3.• \ LOT 2 a^ •�\ gO j .um" 2.:03 ACS. •� \♦ LOT 3A - '� q��• LW ACL _2lud' S 44•y8'S 1'W " LOT 3 ^' �":. •� ��• •RACr .A \ ..'• N. \ ; 3 Y7.Ow•c•. .i ® \` d� C•S No. 1498C \ 8 ^'6 f-e ` 2.01 K.S. y{� ''s e�L! •b \•, ', 'b s0�' �� Qa \ LOT 2 J e. 9 \ 4 `\ �•� LOT. 839 ACS. \ e '� ti S 20'32' 3 t'IY 235.30' R. DALE BELAND, LLC PLANNING CONSULTANT 2023 STADIUM DRIVE, SUITE 2 B BOZEMAN, MT 59715 March 12, 2001 MAR 15 2001 Bill Armold, Planning Director Gallatin County Planning Department Gallatin County 311 West Main, Room 200 Planning Office Bozeman, MT 59715 Re: CUP Application for Walker Property PUD Amendment Dear Bill: Today I learned that Bea's application, as submitted February 26, has not been officially accepted. I spoke this afternoon with John Shepard who raised several concerns. He suggested that you would need more information about the proposed text changes to the PUD document- i.e., an underlined/strikeout version. I am sure that Bea would be happy to submit this if requested. More significantly, he questions the adequacy of the application concerning the CUP/PUD process. You will recall that you and I discussed this process extensively. Frankly, I am distressed that the application has been sitting for 10 days and the applicant has not been advised of these concerns. More than most people, I understand the Planning Department's heavy workload, but this delay seems a bit unreasonable. On Bea's behalf, I would appreciate a chance to discuss this with you at your earliest opportunity. Reggrqs, R. Dale Beland AIA, AICP Cc: Bea Taylor Taylor Armold 3120Ldoc COMPREHENSIVE PLANNING FOR GROWTH POLICY AND PROJECT DEVELOPMENT 406-582-0050,FAX 582-0040 A `ti NC �• F �s �F of Mott GALLATIN COUNTY March 15, 2001 R. Dale Beland, LLC 2023 Stadium Drive, Suite 2B Bozeman, MT 59715 RE: CUP Application for Walker Property PUD Amendment Dear Dale: First, let me apologize for the delay on your application. You are correct in the workload, however we have also had vacations as well as the growth policy open houses in the last couple of weeks. I am not intending to make excuses, but the circumstances have been a bit unusual. In addition, I have been out of the office the past week or I would have contacted you personally. As for the application, I believe that the primary deficiency is the lack of the actual text amendments (ie., underlined/strikeout version)that are being proposed. Specifically, Section 2.3 Commercial Lots—Zoned B-1 (Declarations)needs to be amended to indicate the inclusion of "hotels/motels" as a listed use. In addition, you need to provide amended versions of Section 2.3.3 referring to maximum floor area; Section 2.3.6 referring specifically to Lot 3A,Block 4; and Section 2.3.7 which refers to maximum floor area for commercial activities. I would therefore request that you provide that material in order to complete the application. In the meantime, I will begin processing the application and schedule it for hearings based on the understanding that those materials will be provided. As for the adequacy of the CUP process, I agree that we had reached understanding on that matter. This application is for a text amendment and not a site plan review at this point. Again, I regret the delay on your application. We will begin processing and look for the additional materials when you can provide them. Cordially, jot(C Bill Armold Planning Director I Cc: Bea Taylor Planning Department o 311 West Main,#200 v Bozeman, MT 59715 Phone (406) 582-3130 a FAX(406) 582-3135 a DECLARATION OF D ��� RESTRICTIONS AND PROTECTIVE COVEN VE4 THE WALKER PROPERTY MAR 19 2001 A PLANNED UNIT DEVELOPMENT GALLATIN COUNTY,MONTANA Gallatin County Planning office: 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,R5E, PMM, Gallatin County,Montana. These Covenants replace the Declaration of Covenants and Restrictions filed Auguste 4999, 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 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 i i Declaration• 1 I Cales � b 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 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 IA of Block 3;Lots lAl,2A, 3A of Block 4;Lot lA of Block 6 2.3.1 Permitted and Approved Conditional Uses: Churches Hotel or Motel 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 Declaration•3 reviewed against the Bezeman Area Subdivisien Reguladeas Gallatin County Subdivision Regulations in effect for the area at the time of application. feet. 2.3.4 The maximum gross floor area for each commercial structure on Lot lAl of Block 3 and Lot lA of Block 6 is limited to 5,000 square feet. 2.3.5 The maximum gross floor area for each commercial structure on Lots 1A1 &2A of Block 4 is limited to 5,000 square feet,except that,utilizing zero lot lines,one structure on Lots lAl 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 17.500 square feet and a maximum total gross floor area of 13,090 square feet(building coverage) of 30%of the lot area. f 2 '7 T a t.. t, that exeee.i 5,000 squafe feet, the faa*knam fleet-. e fe-any e 000 square 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 and sewer lines to each lot line. Each lot owner is responsible for the costs of,bringing electricity,natural gas, and telephone services to the residence,business, or place of use from the primary line. All utilities shall be underground. No additional fuel storage will be permitted without the permission of the Committee. Communication antennae and satellite dishes must be situated so as to reduce visual impact and be in compliance with the Bozeman Ze Declaration•5 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 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. Declaration•7 installed at the time each lot is developed or within three 3 ears of the City P O Y 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 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 IA) -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. 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•9 i t 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. 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 OAaanee and Bozeman Area Subdivision Regulafiens Gallatin County Subdivision Regulations and Gallatin CountvBozeman Area Zoning Regulation 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 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 complete the unexpired term shall be selected by the remaining members of the Committee. Declaration• 11 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. 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 (180)day exterior completion requirement only. In such case the site shall be taken 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 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. i I Declaration• 13 i l � Proposed Amendment to Walker Property Declaration of Restrictions and Protective Covenants : j r I consent to the proposed changes as outlined above: Name/Date #Lots J Mike Basile 1 Bill Mowen 1 Bret Haggerty Ir Beatrice Taylor 3 Harry Mann 1 Jim Dick 1 Jeff Kack 1 Reeves Road Partners 1 j Tammy Beyer 1 �- Susan Nelson 2 Peter Bade 1 �. Kathryn Bade (separate page) Roger Kirk 3 Britt Miller 1 Harold Krislock 1 Kelly Wood 1 The signatures above represent 90% of the 20 lots in the Walker Property Subdivision. , Proposed.Amendment to Walker Property Declaration of Restrictions and Protective Covenants I consent to the proposed changes as outlined above: Name/Date 01/ 91:5-/e�/ 16 7 J i , I_J I ` 03/19/1994 02:37 1-406-252-0178 ts-UL t5ASKLI MAKKLIti ! NOM SEA TAYLOR PHONE NO. 1 406 587 3272 Feb. 06 2001 10:1aRM P4 Proposed Amendment to Walker Property r Dechwation of Restrictions and Protecdve Covenants 1 consent to the proposed cases as outlined above: Nanne/Date �I 1 � I.J ! ` t r!. l.. I r iJ j. i y,. I I Proposed Amendment to Walker Property . Declaration of Restrictions and Protective Covenants r .1 I consent to the proposed changes as outlined above: Name/We i i! � I( I , I i I . I ' � I I r '• I.. .J ( � I r i WALKER PROPERTY: CONDITIONAL USE PERMIT APPLICATION i PLANNED UNIT DEVELOPMENT AMENDMENT Background: As one of the original developers of the Walker Property, the applicant requests amendment of the Walker Property Planned Unit Development (PUD) and its Declaration of Restrictions and Protective Covenants to accommodate proposed -I development. The subject property is located at the northeast corner of Spring Hill Road and Highway 10 near the Interstate I 90/19''Avenue interchange within the Gallatin County/Bozeman -� Area Zoning District. Walker Center, the commercial component of the Walker Property, is bounded on two sides by arterial highways- Highway 10 and Springhill Road. Since the original approval of the Walker Property PUD by the City of Bozeman in 1990, it has evolved consistent with the intent of the PUD and contemporary market demand for new uses. The applicant now wishes to develop a two-story motel on Lot 3A, Block 4. pP � P rY The PUD and covenants were designed to allow this building height because this lot abuts the west side of the 19'h Avenue overpass. The two-story building height is j I therefore compatible with the approach berms and overpass structure. However, current zoning of B-1 on the subject parcel does not permit a hotel/motel. FlTherefore, the proposed PUD amendment would add hotel/motel as a"Permitted and Approved Conditional Use" for the commercial lots now zoned B-1. In addition, the PUD _l amendment would establish a maximum building coverage of 30% of lot area for ' commercial lots in lieu of existing numerical limits. Additional text amendments are `J required to correct the change from City of Bozeman to Gallatin County jurisdiction. (See Attachment for specific text changes as proposed.) !� Rationale for Requested CUP: The requested amendment to the PUD is consistent with q the Gallatin County Plan; specifically,the following relevant goals: J Economic Development: j .I Goal 3: Continue to support the long-term economic development goals of the LJ community, and support the programs necessary to accomplish these goals. Goal S: Encourage economic development associations to promote the expansion of existing businesses and the location of new businesses that will provide a i � variety of industrial and commercial activities,providing they are harmonious Li with our natural environment. i Public Facilities: Goal 3: Encourage development to occur within the Bozeman Urban Growth j Area. Walker Property PUD Amendment 1 f \ .1 Goal 7: Encourage in-fill development where appropriate-to assure maximum use of existing public facilities within the Bozeman Urban Service Area and maximum cost-efficiency to the City and the users. It is consistent with the intent of the Gallatin County/Bozeman Area Zoning Regulation provision for Planned Unit Development. As noted in Section 54.020 of the regulation: It is the intent through the use of the planned unit development (PUD) concept, J to promote maximum flexibility and innovation in the development of land and the design of development projects within the zoning jurisdiction. JI Also, the proposal is consistent with the intent of the original Walker Property PUD. The attached list of property owners within the Walker Property includes support for the proposed amendment as evidenced by their signatures. The proposed change in building coverage limitations from actual numbers of square feet to a maximum of 30 % of lot area is reasonable. Current zoning allows building coverage of the entire site (less required parking and yards) in both B-1 and B-2 commercial districts. A maximum building coverage of 50% is allowed in the R-O I j Residential district. While this request for Conditional Use Permit is focused on text amendments, the iapplicant intends to submit a subsequent application for Major Site Plan review to allow -� construction of the proposed motel. As required by Section 52.30 of the zoning regulation, that review will consider physical site development characteristics before a Land Use Permit is issued. Li f t J L.0 i it I ' Li J ' Walker Property PUD amendment 21401.doc Walker Property PUD Amendment 2 I •I . I FEB 26 20p1 .,� �� r� FILE NO. � �y� D TE f�-�,� I Gallatin County APPLICATION FORM Planning Off1C8 The Undersigned hereby makes application for a CONDITIONAL ULPEF pursuant to the requirements as outlined in the County Zoning District Regulation. 1. NAME OF APPLICANT: Beatrice R. Taylor 2. ADDRESS OF APPLICANT: 6400 Bostwick Road Bozeman,MT 59715 3. PHONE NUMBER OF APPLICANT: 587-326991 -� 4. LEGAL DESCRIPTION OF SUBJECT PROPERTY Walker Property Subdivision, j A Planned Unit Development (PUD), portion of Tract 1 of COS No. 1498; Tracts 2, 3 & portion of Tracts 1 &4 of COS No. 1498B,NE 1/4&SE '/a Section 26;and SW'/4 of Sec. 25, Tl S,RSE,PMM, . Gallatin County,MT. 5. DOR#: 06 Oq U 2-& 'f 72 0/ 0000 J0-6 000'q FZ i4 7 06 d G 6. GENERAL LOCATION: Northeast corner of Spring Hill Road and Highway 10. I� J 7. ZONING DISTRICT: Gallatin Co./Bozeman Area CURRENT ZONING: Res.Bl/RO 8. CONDITIONAL USE TO CONSIST OF THE FOLLOWING: Amendments to the PUD to include"hotel/motel"as a permitted use in the B-1 district,revise building coverage limits on Lot lAl (Block 6) and Lot 3-A (Block 4) to maximum 30% of lot area, and update _jurisdictional text errors. �� 9. ARE ANY VARIANCES BEING REQUESTED? IF YES,PLEASE EXPLAIN: No. ' 10. ARE THERE ANY COVENANTS OR DEED RESTRICTIONS 1 J ON THE PROPERTY? IF YES,PLEASE INCLUDE COPY. YES NO I understand that the filing fee accompanying this application is not refundable. I hereby certify that the above-listed information is true and correct. DATE: I APPLICANT'S SIGNATURE li FOR OFFICE USE ONLY DATE FILED: FILING FEE: ZONING COMMISSION HEARING DATE: ACTION TAKEN: 5� OF M V GALLATIN COUNTY NOTICE OF PUBLIC HEARINGS GALLATIN COUNTY PLANNING BOARD AND GALLATIN COUNTY COMMISSION NOTICE IS HEREBY GIVEN of public hearings to be held before the Gallatin County Planning Board, Tuesday, April 24, 2001, at 6:30 pm, and before the Gallatin County Commission, Tuesday, May 15, 2001, at 9:00 am, both in the Community Room of the Gallatin County Courthouse, 311 West Main,Bozeman,Montana.. The purpose of the hearing is to consider an application by Beatrice R. Taylor, 6400 Bostwick Road, Bozeman, MT 59715 for a Text Amendment to the Walker Property Planned Unit Development (PUD) under §53 of the Gallatin County/Bozeman Area Zoning Regulation, to be reviewed under the Conditional Use Procedures. The proposed text amendment would consist of the following: 1. Add "hotel/motel" as an allowable use in the B-1 zoning district; 2. Revise the building restrictions for Lot 3A; 3. Delete the maximum gross floor area requirement for the B-1 zoning district; and 4. Revise all references from Bozeman regulations to Gallatin County regulations. The applicable property is described as a portion of Tract 1 of COS #1498, Tracts 2,3 & a portion of Tracts 1 & 4, COS #149813, in the NE1/4 & SE 1/4 of Section Twenty-Six (26), and the SW 1/4 of Section Twenty-Five (25), Township One South (T1S), Range Five East (R5E), PMM, Gallatin County, Montana. The property is generally located at the northeast corner of Springhill Road & Highway 10. Testimony on the request will be taken at the hearing. Questions and written testimony may be directed to the Gallatin County Planning Department, 311 W. Main, Room 200, Bozeman, MT 59715, 406/582-3130. If you have a special need or disability, please contact our ADA Coordinator Kathy Nowierski,at 406/582-3045. Nick Salmon,President Gallatin County Planning Board Jennifer Smith Mitchell, Chair Gallatin County Commission Publish: High Country Independent Press on April 5,2001 Billing: Gallatin County Planning Dept. FMArmold\Walker PUD.notice.doc Planning Department • 311 West Main, #200 9 Bozeman, MT 59715 1 INN h Jl•A .. e NOTICE OF PUBLIC HEARINGS GALLATIN COUNTY PLANNING BOARD AND GALLATIN COUNTY COMMISSION NOTICE IS HEREBY GIVEN of public hearings to be held before the Gallatin CounAFFIDAVIT OF PUB[ 2001, tt630Plannlpm,anBoarddbeforeth Gallatil in County Commission, Tuesday, May 15, 2001,at 9:00 am,both in the Community Susan Zeter, residing at Belgrade, Montana, County of( Room of the Gallatin County Courthouse, 311 West Main,Bozeman,Montana. The purpose of the hearing is.to consider Montana, being duly sworn, says she is the Principal ( an application by Beatrice R. lor 6400 Bostwick Road.Bozeman,MT59718 for a Text Amendment to the WalgEffP p� Independent Press, a newspaper published weekly at PlanneduatinC unq/B -z-dma Area Zan- Independent 6allabn County/Bozeman Area Zon- ing Regulation, to be reviewed under the Conditional Use Procedures.The proposed of Montana and the annexed notice was published in i�g amendmentwouldconsistofthefollow- 1.Add"hotel motel"as an allowable use in Independent Press each week for week( the B-1 zoning district; 2.Revise the building restrictions for Lot • 3A; day of 200, 3.Delete the maximum gross floor area i requirement for the B-1 zoning district;and 4. Revise all references from Bozeman regulations to Gallatin County regulations. The applicable property is described as a portion of Tract of COS#1 498,Tracts2,3 &a portion of Tracts 1&4,COS#1498B,in the NE1/4&SE 1/4 of Section Twenty-Six (26),and the SW 1/4 of Section Twenty-Five (25),Township One South (T1 S), Range Susan Zeter Five East (R5E), PMM, Gallatin County, Montana.The property is generally located at the northeast comer of Springhill Road& / Highway 10. Sworn to before me this day of Testimony on the requestwill be taken at S L the hearing. Questions and written testi- many may be directed to the Gallatin ` County Planning Department,311 W.Main, Room 200',Bozeman,MT 59715,406/582- N Ota f 3130.If you have a special need or disability, 1 please contact our ADA Coordinator Kathy ontana Devon Ann SOrI a Nowierski,at 406/582-3045. Nick Salmon,President Residing at Gallatin County, State of Montana. Gallatin County Planning Board Jennifer Smith Mitchell,Chair My Commission expires 7-7-2003 Gallatin County Commission Published April 5,2001 0 220 South Broadway • Belgrade, MT 59714 . 406- F"r fax) I b y PUBLIC MEETING TUESDAY THE 15th DAY OF MAY 2001 The meeting was called to order by Chairman Jennifer Smith Mitchell at 9:08 A.M. Also present were County Commissioners Bill Murdock and John Vincent, and Acting Clerk to the Board Mary Miller. Chairman Mitchell requested everyone to stand for the Pledge of Allegiance. The following proceedings were had to wit: MAY 7, 2001 • .The Commissioners attended a regularly scheduled office, meeting. In attendance were Commissioners Mitchell and Murdock, Chief Youth Probation Officer Vicky Nelson, Grants Administrator Larry Watson, and Executive Secretaries Stacy Johnston and Glenda Noyes. The Commissioners considered a contract with Montana Department of Administration for the Cadastral Database Project. This is a grant that will pay for the GIS Department to finish parcel mapping. Commissioner Murdock made a motion to approve the contract with the Montana Department of Administration for the Cadastral Database Project, finding that Mr. Blackman and Mr. Gray have recommended approval, in the amount of$24, 540.00. Commissioner Mitchell seconded the motion. All voted aye. Motion carried with a vote of two to zero. The Commission considered approval of Gallatin Conservation District's BB223 Grant Application for Montana Wetlands. The County needs to confirm that the appropriate mills have been levied for the district. Fiscal Officer Ed Blackman has recommended approval. Commissioner Murdock made a motion to verify the levied mills for the Gallatin Conservation District's HB 223 Grant Application for Montana Wetlands. Commissioner Mitchell seconded the motion. All voted aye. Motion carried with a vote of two to zero. The Commissioners considered approval of a HUD Emergency Shelter Grant program work plan. Grants Administrator Larry Watson confirmed that the proposal is in line with the four-year plan. The grant will provide $26,289.00 towards homeless services; prevention, services and shelter costs. Commissioner Murdock made a motion to adopt the proposal for the HUD Emergency Shelter Grant program. Commissioner Mitchell seconded the motion. All voted aye. Motion carried with a vote of two to zero. The Commissioners considered a Juvenile Accountability Incentive Block Grant (JAIB) application for Youth Probation. The City of Belgrade has allocated their JAIB Grant funds to Gallatin County, and in turn Ms. Nelson asks that the funds be allocated to Butte-Silverbow County to help make up for a loss of allocation that they have experienced this year. Commissioner Murdock made a motion to receive an allocation of $11,927 of JAIB funds from the City of Belgrade, and allocate said funds to Butte-Silverbow County, contingent upon Deputy County Attorney Chris Gray's and Belgrade City Council approval. Commissioner Mitchell seconded the motion. All voted aye. Motion carried with a vote of two to zero. Two budget transfer requests were submitted to the Commission from Youth Probation, totaling $4,450.55. Commissioner Murdock made a motion to approve the budget transfer requests from Youth Probation. Commissioner Mitchell seconded the motion. All voted aye. Motion carried with a vote of two to zero. Two budget transfer requests were submitted to the Commission from the Road and Bridge Department totaling $2,594.62. Commissioner Murdock made a motion to approve the budget transfer requests frorrl the Road and Bridge Department. Commissioner Mitchell seconded the motion. All voted aye. Motion carried with a vote of two to zero. Deputy County Attorney Chris Gray presented a request for the Commission to memorialize a decision previously made regarding the Clark vs. Gallatin County settlement. Commissioner Murdock made a motion to pay the agreed upon $1,000.00 settlement in the Clark vs. Gallatin County case, per the recommendation of Mr. Gray, contingent upon a confidentiality clause and release being signed by the Clarks. Commissioner Mitchell seconded the motion. All voted aye. Motion carried with a vote of two to zero. The Commissioners considered approval of Logan Landfill Settlement Stipulation. Commissioner Murdock made a motion to approve the stipulation, finding that County Attorney Marty Lambert has advised that this would be an appropriate action to take. Commissioner Mitchell seconded the motion. All voted aye. Motion carried with a vote of two to zero. MAY 8, 2001 • The Commissioners attended a special meeting for the purpose of support of Alcohol and Drug Services of Gallatin County, Targeted Capacity Expansion Grant Application. In attendance were Commissioners Mitchell, Murdock; and Vincent, Grants Administrator Larry Watson, Alcohol and Drug Services Director Roger Curtiss, and Commission secretary Glenda Noyes. This grant will u provide for intensive outpatient for adolescents, to include family assistance, after care, and monitoring. There is no county match required, the County simply acts as the eligible entity for pass through of the funds. Mr. Watson. will receive $21,529.00 for administration of the grant. Commissioner Vincent made a motion to have Gallatin County support and sponsor the application to the Substance Abuse and Mental Health Administrator for a Targeted Capacity Expansion Grant. Commissioner Murdock seconded the motion. All voted aye. Motion carried unanimously. MAY 9-10, 2001 • The Commissioners conducted regular County business. MAY 11,2001 • The Commissioners attended a special meeting for the purpose of approving claims. In attendance were Commissioners Murdock and Vincent, Auditor Joyce Schmidt, and Commission Secretary Glenda Noyes. The claims voucher included check #s 8000467-8000713. Commissioner Vincent made a motion to approve claims from check number 8000467-8000713 totaling $254,576.33. Commissioner Murdock seconded the motion. All voted aye. Motion carried with a vote of two to zero. • Landfill Revenue for April 2001: $. • A101's for April 2001: $112.82. • Payroll for April 2001: $1,062,358.74. • Clerk&Recorder's Fees Collected for April 2001: $63,147.45. • New Hire Report for April 2001: COMMUNITY CORRECTIONS—Teresa Flanagan; LWQD— Jon Rieck; REST HOME — Danielle Perry, Jami Sheppard, John McCormick, Amanda Bryant; ROAD &BRIDGE—Erin Howard. Terminated Employees' Report for April 2001: 911 — Christina McCann 04/11/01; AUDITOR— Barb Chamberlain 03/16/01; CLERK OF COURT—Betty Figgins 04/14/01; REST HOME—Shawn Cardwell 04/03/01, Wesley Burroughs 04/08/01, John McCormick 04/24/01; SHERIFF—Bruce LaRue 03/28/01, Kelley Williams 04/05/01, John McCray 04/20/01. The following items were on the consent agenda: 1. Claims were presented for approval by the auditor, dated May 10, 2001 in the amount of $177,444.76. 2. Consideration of Contract(s): Real Estate Transfer Agreement with Lewis Rafferty re Three Forks Airport; and Amendment to Contract#1998-03 with Davis Maintenance. 3. Request for Realignment of Common Boundaries between Lewis Rafferty and Gallatin County located in the W %2 Section 35, T2N, R1E (South of Three Forks). Gallatin County Planner Jennifer Koozer reported the exemption appears to meet the criteria allowed under the Montana Subdivision and Platting Act. 4. Request for Common Boundary Relocation Exemption for Lynda Caine and Gerald Yetter located in the NE '/4 Section 7 and NW '/a Section 8, T12S, R4E (Southwest shore of Hebgen Lake). Gallatin County Planner Jennifer Koozer reported the exemption appears to meet the criteria allowed under the Montana Subdivision and Platting Act. 5. Request for Common Boundary Relocation Exemption for Anita D'Agostino, Pamela D'Agostino, Kelly Kruse and Patricia Kruse located in the SW 1/4 Section 11 and NW 1/4 Section 14, T2N, R5E (Rocky Mountain Road). Gallatin County Planner Jennifer Koozer reported the exemption appears to meet the criteria allowed under the Montana Subdivision and Platting Act. 6. Request for Realignment of Common Boundary Exemption for Montana Dream and Land, L.L.C. located in the N %2, SW 1/4 and W 1/2, W 1/4, SE 1/4 of Section 16, T1S, R4E (Linney Road). Belgrade City-County Planner Jason Karp reported the exemption appears to meet the criteria allowed under the Montana Subdivision and Platting Act. 7. Request for Realignment of Common Boundary Exemption for Mae Freeman and Frederick Bradford located in the-SE 1/4; SW 1/4, of Section 27 and the E %2, NW %a of Section 34, T1S, R4E (River Road). Belgrade City-County Planner Jason Karp reported the exemption appears to meet the criteria allowed under the Montana Subdivision and Platting Act. 8. Request of Release of Credit for Hardin Major Subdivision. 9. Request for Final Plat Approval of Klompien Minor Subdivision located in the SW '/4 of Section 3, TIN, R3E, PMM, Gallatin County, Montana. Manhattan Planning Consultant Ralph Johnson reported the exemption appears to meet the criteria allowed under the Montana Subdivision and Platting Act. Commissioner Mitchell announced that consideration of a request for preliminary plat approval of the Webb Minor Subdivision, item #11 on the regular agenda would be continued until May 29, 2001. Commissioner Vincent read the consent agenda. Commissioner Mitchell asked Deputy County Attorney Chris Gray if the Real-Estate Transfer Agreement with Lewis Rafferty re Three Forks Airport contract was ready for approval. Mr. Gray replied that it was in order and ready to be considered. Commissioner Murdock moved to approve consent agenda as read. Seconded by Commissioner Vincent. None voting nay. Motion carried. Undersheriff Christie read the proclamation declaring May 130' through 19'h , 2001, "National Law Enforcement Week." Commissioner Vincent moved to accept and approve the proclamation. Seconded by Commissioner Murdock. None voting nay. Motion carried. Captain Rich Pease read the proclamation declaring May 14"' through 20' , 2001, "Salvation Army Week." Commissioner Murdock moved to approve the proclamation. Seconded by Commissioner Vincent. None voting nay. Motion carried. Commissioner Vincent read the proclamation declaring the month of May, "Mental Health Awareness Month." Commissioner Vincent moved to adopt the proclamation, and commended the Commission for their continued work to keep the group home open in Bozeman. He recognized former Commissioner Phil Olson as having made the initial effort on behalf of the Commission. Seconded by Commissioner Murdock. None voting nay. Motion carried. Commissioner Mitchell announced the public hearing and consideration of a resolution restricting access to Bear Canyon Road. Commissioner Murdock stated the Commission both present and former have been working for many years' on what to do with an un-maintained portion of Bear Canyon Road that accesses private land and abuts forest service land. This portion is accessible only by all-terrain vehicles or horse-back because it is often muddy, deeply rutted, prone to land slides, and is generally impassable by regular cars and pickups. Noting there have been a number of conflicts with some of those uses, they came up with a plan to restrict access to motorized and non motorized vehicle uses with a track width of no greater than.50 inches in width between June 2nd through April 14"' of every year. This temporary closure will be until such time this private land that is accessed by this road changes hands. In the mean time this closure would protect the environment and maintain recreational use. Commissioner Mitchell read the resolution. Public speaking in support of the resolution are as follows: Paul Gaffney; Barry Jacobsen; Mary Sadowski; Tom Skeele; Fran Noel; John Maykuth; Joe Gutkoski (representing the Gallatin Wildlife Association); Karen Thomas; Blair Howze and Sonja Berg. Some of the concerns expressed were preservation; trash; vandalism; degradation; and water quality. Several suggested ideas and need for additional restrictions such as: seasonal restrictions for recreation; public/private efforts to restore the road; and complete restriction of ATV'S. Commissioner Mitchell stated that there was an email from Deb Berglund in support of the resolution. Mr. Howze suggested changing the words wheel base to track width in the resolution. Board discussion took place regarding anything that would preclude the Commission from revisiting this resolution should it prove to be inadequate at a later date. Susan Swimley, attorney at law advised the Commission that statute allows them to restrict use and temporarily close the road for its preservation, and as long as there is a temporary condition and it is determined these restrictions are insufficient they do have the authority to revisit the issue. Commissioner Murdock stated the forest service and state lands travel plan in that area does allow motorized vehicles, and for this resolution to restrict ATV'S would make it inconsistent with that plan. Based on the testimony, Commissioner Murdock moved to adopt Resolution #2001-51, restricting the use of Bear Canyon Road as amended. There are two typos to be corrected. The first in line 4, of the second whereas, the word (of) is missing after the word portion, and in line 18, in the seventh whereas, the word (to) is missing after the word accesses. In the second to the last line change the words wheel S base to (track width). With the affirmation this issue can be revisited, Commissioner Vincent expressed his support and seconded the motion. None voting nay. Motion carried. Allison Foy on behalf of Gaston Engineering was in attendance for the receipt and opening of construction bids for Meadow RID #378. Commissioner Mitchell opened the two bids. A bid from Figgins Sand & Gravel, Inc., was received May 14, 2001. Ms. Foy confirmed the bid included the contractor #4075; bid bond; and the bid form was signed and the addendum was acknowledged. The total estimated bid price was $600,289.00. A bid from JTL Group, Inc., was received on May 14, 2001. Ms. Foy confirmed the bid included the contractor#10089; bid bond; and the bid form was signed and the addendum was acknowledged. The total estimated bid price was $630,081. 00. Ms. Foy stated they would take the bids under advisement and return with a recommendation next week. Gallatin County Clerk and Recorder Shelley Vance reported on the public hearing to consider annexation of property into the Gallatin Canyon Consolidated Rural Fire District, described as Tracts 2, 3, 7, 8, 9, 10 and 11 of COS 1732, and Tract A of COS 1732A, (Antler Ridge Subdivision) all located in Section 34, T6S, R3E, PMM, Gallatin County, Montana. Notice of this public hearing was published in the High'County Independent Press on April 26`h and May 3', 2001. There was no public comment. Commissioner Murdock moved to approve the annexation of this property, and requested the Clerk and Recorder to prepare the resolution for consideration. Seconded by Commissioner Vincent. None voting nay. Motion carried. Gallatin County Clerk and Recorder Shelley Vance reported on the public hearing and consideration of a resolution to create Wildhorse Trail Properties RID #379. Notice of this public hearing was published in the High Country Independent.Press on April 26`' and May Yd, 2001, and in addition notice was mailed to all land owners named within the proposed district, on April 24, 2001. The protest period started on April 26, 2001 and ended on May 11, 2001. Ms. Vance stated there was one protest letter received protesting the creation of RID #379. There are 41 lots within the proposed district. This constitutes 2% of the owners protesting the creation of this RID. Susan Swimley the attorney representing the County on RID'S explained the process to the Commission. Commissioner Vincent moved to accept the Clerk and Recorder's report. Seconded by Commissioner Murdock. None voting nay. Motion carried. President of the Wildhorse Homeowners Association ReNae Grantier confirmed the homeowners were in support of the RID. Ms. Grander submitted letters of support from Jay W. Bernasek and Curtis Fuchs. Commissioner Vincent moved to adopt RID-01-379B. Seconded by Commissioner Murdock. None voting nay. Motion carried. Gallatin County Grants Administrator Larry Watson reported on the continuation of a public hearing to consider proposed CTEP Projects. Mr. Watson gave a brief reiteration of his prior presentation on the program requirements and the fund allocations. The purpose of this hearing is to conduct the final review of projects and make recommendations of sponsorship before the application deadline. Total existing funds within the CTEP allocation is $268,566.00. He recommending holding 15% ($40,284.90) in a contingency fund, because of tvvo outstanding projects that have yet to be bid. The total recommended allocation is $228,281.10. A project is being proposed.by a coalition of the State Department of Fish, Wildlife and Parks Division and the Headwaters Trail System of Three Forks. They are not ready to submit an application at this point, so they are asking to hold$75,000.00 in reserve for a project to be prioritized for allocation next year. The project would be building a trail from the campground to the picnic area before the Lewis and Clark Bicentennial. The other proposal was submitted by the Town of Manhattan that would provide a safe pedestrian sidewalk between the new post office, downtown and residential areas. They submitted three separate plans that would be determined by the amount of money Gallatin County allocates. The following plans were submitted: Plan A - $26,204.00; Plan B - $41,424.00; and Plan C - $70,204.00.. The Town of Manhattan has proposed they will provide the 13.42% cash match for the project. Plan C was recommended by Mr. Watson as being the most cost effective. Another proposed future project was presented by Jerry Williams, Williams Bros. Construction on behalf of the Baxter Meadow project and FOR Parks. Mr. Williams explained that they are working with FOR Parks on a conceptual 100 acre regional park project. Along with their monetary commitment they are assisting the FOR Parks in acquiring any additional funding for enhancing and building the park. He stated they were not prepared to apply for funds until the County owns the land. He expected they would spend a quarter to a half million dollars on this proposed project. Discussion took place regarding the eligibility of this project for CTEP funds and how the funds would be applied for if it was annexed into the city. Mr. Watson pointed out that the use of the old Milwaukee railroad bed for a trail was the key to eligibility, and if annexed CTEP funds could be requested from the City of Bozeman. Commissioner Murdock commented in favor of .reserving funds for the Headwaters project this year, and moved to reserve a minimum of$75,000.00 for the Headwaters trail project. Seconded by Commissioner Vincent. Commissioner Mitchell anticipated that once the project was put together and submitted they could be supported to a largei amount. None voting-nay. Motion carried. Commissioner Murdock moved to pledge $70,204.00 towards the Manhattan sidewalk CTEP project. Seconded by Commissioner Mitchell. None voting nay. Motion carried. Gallatin County Attorney Marty Lambert reported on the consideration of a resolution of intent to amend the County Attorney department budget within the general fund for Gallatin County, Fund No. 1000 for the purchase of computers in the amount of $10,008.00 with budget transferred from the County Attorney's personnel budget. There was no public comment. Commissioner Murdock moved to adopt Resolution of Intention #2001-52, finding the Fiscal Officer approved. Seconded by Commissioner Vincent. None voting nay. Motion carried. Belgrade City-County Planner Jason Karp reported on the consideration of a request for preliminary plat approval of the Graham Minor Subdivision, described as COS 727 situated in the NE '/4 of Section 28, TIN, R4E, PMM, Gallatin County, Montana. C & H Engineering on behalf of John and Joy Graham have requested preliminary plat approval of a 5 lot minor subdivision on 20 acres. The subdivision is located west of Belgrade north of the Old Place Subdivision. The Belgrade City-County Planning Board reviewed the preliminary plat for the Graham Minor Subdivision. The Planning Board unanimously voted to recommend that a variance be granted to allow the dead-end cul-de-sac to exceed 1000 feet subject to the conditions that the road be extended to the west boundary of Lot 3 and that the north-south and east-west lot lines to be squared off. The Planning Board.unanimously voted to recommend preliminary plat approval of the subdivision subject to the conditions. The staff report contained criteria for the Commission to evaluate for considering the subdivision along with the suggested conditions. The County Commission needs to make the following determinations: a determination as to whether or not to grant the variance to allow the cul-de-sac to exceed 1000 feet. The Planning Board recommended that variance contingent upon conditions 18 and 19 as listed; and a detennination as to whether or not the proposed subdivision meets the requirements of Section 76-3-608 MCA. If the Board finds that the proposed subdivision meets the requirements of Section 76-3-608 MCA, the following conditions should be considered for preliminary plat approval, to be completed prior to final plat approval: 1. The final plat shall conform to the Uniform Standards for final subdivision plats and shall be accompanied by the required certificates. 2. The final plat shall show any necessary easements to allow construction and maintenance of utilities, both to, and within, the subdivision. The location of the easements should be acceptable to the affected utility companies. The following statement shall be written on the final plat: "The undersigned hereby grants unto each and every person or firm,whether public or private,providing or offering to provide telephone, electric power, gas, cable television,water or sewer service to the public, the right to the joint use of an easement for the construction,maintenance,repair and removal of their lines and other facilities, in, over, under and across each area designated on this plat as 'Utility Easement' to have and to hold forever." 3. Department of Environmental Quality approval shall.be obtained for the subdivision. The applicants shall make a concurrent submittal to the Department of Environmental Quality and the Gallatin City-County Environmental Health Department. The applicants shall obtain the Gallatin County Health Officer's approval. 4. A waiver of right to protest creation of Rural Improvement Districts, Water and Sewer Districts, and annexation into the City of Belgrade shall accompany the final plat. 5. The developer shall record covenants on the final plat including the following provisions. a. Requiring control of county declared noxious weeds. b. A section addressing possible problems associated with adjacent farming practices, and affirming neighboring landowner's right-to-farm. The language shall state as follows: Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors, flies, smoke and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and:the use of machinery early in the morning and sometimes late into the evening. c. All fences bordering agricultural lands shall be maintained by the Homeowners in accordance with State Law. d. A Homeowner's Association shall be established. e. The Homeowner's Association shall be responsible for the maintenance of the interior access road and the extension of North Old Place Lane. The Homeowner's Association shall also participate with the Old Place Subdivision for the maintenance of Old Place Subdivision roads used for access to the Graham Minor Subdivision. f. The Homeowners Association shall participate with the Old Place Subdivision for the maintenance of the Old Place Subdivision fill-site. g. All structures must meet the fire flow requirements as outlined in the current adopted edition of the Uniform Fire Code unless alternative provisions are approved by the Fire Chief. h. Site plans of all lots must be submitted for review and approval by the Belgrade Rural Fire District. i. No lot owner may remove water or cause to be removed water from irrigation ditches without deeded water rights, and before any maintenance or improvements are performed on any of the ditches, the owner of the waterway must give written permission for the work to be done.j. Any covenant which is included . herein as a condition of preliminary plat approval and required by the County Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in these covenants and the governing body of Gallatin County. 6.Two copies of the covenants, a copy of preliminary approval document, and the certificate of a licensed title abstractor shall be submitted to the Gallatin County Attorney's Office at least 30 days prior to scheduling a hearing for final plat approval. The Attorney's Office shall review and approve the covenants and certificate prior to final plat approval. 7. Road Impact fees and Fire Impact fees shall be paid to Gallatin County in accordance with Gallatin County Impact Fee Regulations. 8. Any area of the subdivision disturbed during construction shall be seeded and controlled for noxious weeds. A Memorandum of Understanding shall be signed between Weed District and developer prior to final plat approval. 9. A copy of the final plat shall be submitted to the Belgrade Fire Department and the Gallatin County Road Department. 10. Road names shall be approved by the Gallatin: County GIS Department, and road name signs and STOP signs at all intersections as required by the Road Office shall be installed prior to final plat approval, or a bond covering the cost of the signs shall be deposited with the Road Office. 11. North Old Place Lane shall be a sixty foot right-of-way, and shall be constructed to Gallatin County standards and be dedicated to the public or be a public easement approved by the Gallatin County Road Department and the Gallatin County Attorney's Office. 12. The access road to Lots 1,2,4&5 shall be a sixty foot right-of-way, and shall be constructed to Gallatin County standards and be dedicated to the public or be a public easement approved by the Gallatin County Road Department and the Gallatin County Attorney's Office. The road shall be named with a name approved by the Gallatin County GIS Department. 13. All road work will need to be inspected and certified by a licensed engineer. The inspection and certification must be provided to the County Road Office in writing prior to final plat approval. 14. The developer shall pay a proportionate reimbursement of the costs of the Old Place Subdivision fill site to the Belgrade Planning Office which will reimburse the Old Place Subdivision in accordance with the Gallatin County Subdivision Regulations. 15. The developer shall pay a proportionate reimbursement of the costs of the Old Place Subdivision road paving to the Belgrade Planning Office which will reimburse the Old Place Subdivision in accordance with the Gallatin County Subdivision Regulations. 16. The final plat shall contain a statement that includes the following language: Lots abutting irrigation ditches may have water rights as described in deeds. No owner may remove water or cause to be removed water without deeded water rights. 17. The final plat(s) shall show a maintenance easement of a minimum of 15 feet on one side, and 5 feet on the other side of the irrigation ditches or as required by the ditch owner consistent with subdivision regulations, and before any maintenance or improvements are performed on any the ditches, the owner of the waterway must give written permission for the work to be done. 18. Interior access road off North Old Place Lane shall be extended and constructed to Gallatin County Standards to the west property line of Lot 3 with a temporary cul-de-sac or"T"type turnaround. 19. The lot lines between lots 1,2,4,&5 shall be squared off to 90 degree angles. If approved, the developer shall have three (3) years from the date of preliminary approval to complete the above conditions and .apply for final plat approval. Mr. Karp stated the developer was in agreement with the variance. The applicants representative Mark Chandler, C&H Engineering gave an overview of the proposal. Mr. Chandler requested to change condition #19 to read as follows: The lot lines between lots 1, 2,4, & 5 shall be squared off to approximately 90 degree angles. There was no public comment. Commissioner Murdock confirmed that this subdivision was' consistent with the Belgrade Area Master Plan. Mr. Karp was in agreement to Mr. Chandler's suggested change to condition #19. Assistant Fire Chief of the Belgrade Rural Fire District Bryan Connelley stated they were in agreement with the variance. Commissioner Murdock moved to grant the variance request to allow the dead-end cul-de-sac to exceed the 1000 feet, finding it would not be a detriment to the public, health and safety, and subject to the conditions that the road be extended to the west boundary of Lot 3 and the north-south and east-west lot lines be squared off. Seconded by Commissioner Vincent. None voting nay. Motion carried. .Finding that the Graham Minor Subdivision meets the intentions, goals and objectives of the Belgrade Area Master Plan and is consistent with the Gallatin County Subdivision Regulations, Commissioner Murdock moved to approve the subdivision subject to the conditions as presented by staff with the amendment to condition#19 to add the word (approximately), before 90 degrees. Seconded by Commissioner Vincent. None voting nay. Motion carried. Gallatin County Planner Jennifer Madgic reported on the consideration of request for preliminary plat approval for the River Rock Major Subdivision Phases 6A and 6B described as a parcel of land being a portion of remainder Tract A of River Rock Subdivision, Phase 213, located in the SE 'A and SW '/a of Section 3, T1S, R4E, PMM, Gallatin County, Montana; generally located north of Amsterdam Road, approximately two miles west of Belgrade. Potter-Clinton Development has requested preliminary plat approval for the River Rock Major Subdivision, Phases 6A & 6B, proposing the creation of 104 lots on approximately 34 acres in two phases: 6A & 6B. The property was originally zoned Residential- Manufactured Home and was changed on April 24, 2001 by resolution of the Gallatin County Commission at the applicant's request to Residential Single-Family Medium Density (R-2). The property is located in the River Rock Zoning District (formerly the Royal Village Zoning District). Ms. Madgic gave an overview of the staff report and conditions. She made clarification in reference to condition #15 and suggested changes to the following conditions: adding a sentence to condition #21 - Forty-five feet of Thorpe Road west of the centerline shall be dedicated to the public for the entire length of the development. Twenty-six feet of Thorpe Road shall be dedicated as indicated on the preliminary plat; and strike condition #23, and replace with the following: Applicant shall pay a proportionate reimbursement per Section H.2(c) of the Subdivision Regulations to be used for capital improvements to Thorpe Road (in lieu of paying directly to Summit Subdivision). The staff report contained criteria for the Commission to evaluate for considering the subdivision along with the suggested conditions. The County Commission needs to make the following determination: a determination as to whether to approve the proposed subdivision. The basis for the Commission decision shall be whether the preliminary plat, and additional information demonstrate that development of the subdivision meets the requirements of the Montana Subdivision and Platting Act, Gallatin County Subdivision Regulations and River Rock Zoning Regulations. If the County Commission decides to approve the subdivision, the following conditions for final plat approval are suggested. Except as noted, conditions shall apply to all phases. Phases shall be completed sequentially. 1. The final plat shall conform to the Uniform Standards for Final Subdivision Plats and shall be accompanied by the required certificates. 2. Applicant shall obtain approval from the Department of Environmental Quality and the Gallatin City-County Environmental Health Department. Applicant shall make a.concurrent submittal to the Department of Environmental Quality and the Gallatin City-County Environmental Health Department. 3. Two copies of the covenants, a copy of the conditions of preliminary approval, documents establishing the property owners' association, and the certificate of a licensed title abstractor shall be submitted to the Gallatin County Attorney's Office at least thirty (30) days prior.to scheduling a hearing for final plat approval. The Attorney's Office shall review and approve the covenants, documents establishing the property owners' association, cul-de-sac easement and certificate prior to final plat approval. 4. Applicant shall record on the final plat a waiver.of right to protest creation of rural improvement districts, local improvement districts, fire district or fire service area and/or the creation of a sewer and/or water district. 5. All utility easements shall be shown on the final plat. Utility easements shall be twenty (20) feet wide, and be located along the property lines. In addition, the following statement shall appear on the final plat: The undersigned hereby grants unto each and every person,firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to.the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities, in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. 6. A Memorandum of Understanding shall be signed between the Weed Control District and the applicant prior to final plat approval. All areas disturbed during construction shall be reseeded with vegetation types approved by the Weed Control Supervisor. 7. Applicant shall record the following covenants with the final plat: a) The property owners'association shall be responsible for the control of County-declared noxious weeds. b) Lot owners and residents of the subdivision are informed that nearby uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in smoke, dust, animal odors,flies and machinery noise. Standard agricultural practices feature the use of heavy equipment, burning, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. c) Individual lot access from County public roads shall be built to the standards of Section 7.G.2 of the Subdivision Regulations. d) The property owners' association shall be responsible for maintenance of interior subdivision roads. e) All fences bordering agricultural lands shall be maintained by the property owners'association, in accordance with state law.f) Any covenant which is included herein as a condition of the preliminary plat approval and required by the County Commission shall not be amended or revoked without the mutual consent of the owners, in accordance with the amendment procedures in the covenants, and the County Commission. 8. All ditches shall be protected with minimum 30-foot ditch maintenance easements and shown on the final plat(s). 9. Written verification shall be provided regarding the abandonment of any ditches. 10. Applicant shall provide written approval from owners/users of the Stone Weaver Irrigation Ditch. 11. Road names for each phase shall be approved by the County Road and Bridge Department. 12. A detailed signage and drainage plan shall be submitted to the County Road Department for approval, prior to the start of any construction. This plan should specifically address the requirement for road name signs to be installed at all intersections, as well as STOP sign(s) at all intersections with County-maintained roads. STOP signs and other regulatory or warning signs may also be needed on some internal roads, and this should be addressed in the plan. 13. Encroachment permit(s) shall be obtained from the County Road Department for any access points coming off of County-maintained roads. Additionally, all internal lots shall be limited to one driveway access. Each access must be at least 75 feet from Ridgeview Drive and Thorpe Road. 14. A no-access strip is required along all lot boundaries that border County-maintained roads. Exception to this will only be made for lots that do not border an internal subdivision road. Access to lots falling under this exception will require further review and the obtaining of an encroachment permit from the County Road Department. 15. A second access shall be required for each proposed phase. This access shall be a public easement constructed to County standards. 16. All interior roads shall be built to County paved standards, and have a 60-foot right-of-way, dedicated to the public. 17. A detailed traffic study shall be prepared to identify off-site traffic impacts on the following roads: Thorpe and Royal roads. The study shall identify primary and secondary access roads, as well as collectors and arterials in the area of impact. Additional right-of-way shall be provided if warranted by such study. 18. Applicant shall meet with the County Road.Department prior to start of any construction. 19. All road work shall be inspected and certified by a licensed engineer. Such inspection and certification shall be provided to the County Road Department in writing. Final approval shall not be given until this documentation is received. 20. The property owners' association shall be responsible for maintenance of all interior roads. 21. Forty-five feet of Thorpe Road west of the centerline shall be dedicated to the public for the entire length of the development. 22. A waiver of protest for creation of future RIDs shall be required. 23. A proportionate reimbursement of paving costs shall be made to Summit Subdivision for paving of Thorpe Road. 24. Applicant shall make payment of road impact fees in accordance with the Gallatin County Subdivision Regulations. 25. Applicant shall make payment of fire protection impact fees in accordance with the Subdivision Regulations. 26. Applicant shall designate park land according to Section 6.G.1 of the Subdivision Regulations prior to final plat and dedicate the land to the property owners' association. 27. All requirements of the Belgrade Rural Fire District shall be met prior to final plat approval. The fire district shall review and approve all.fire protection measures prior to final plat approval. A copy of the final plat shall be provided to the Belgrade Rural Fire District. 28. The water main system and fire hydrants servicing all lots shall be installed. 29. The community sewer system, including all sewer mains and sewer service serving all lots shall be installed. 30. Applicant shall submit certified "as-built" plans for all water and sewer installations prior to final plat approval. 31. Applicant shall have three (3) years to complete the above conditions and apply for final plat approval. Mike Potter the applicant was in agreement with the clarifications and changes to the conditions. Sonja Berg an adjoining neighbor spoke in support of the subdivision although she had concerns with blowing garbage; SxLfficient water available for a third well they planned to drill; noxious weeds; paved interior roads; repairs to Thorpe Road; and a stop light on the comer of Amsterdam and Thorpe. -She requested the Commission create more stringent regulations regarding garbage and weeds. Mr. Potter addressed current and future plans to mitigate Ms. Berg's concerns. Gallatin County Road Engineer Roy Steiner answered questions concerning the road right-of-way and repairs planned for Thorpe Road. Mr. Steiner was in agreement to the changes to conditions #21 and#23. Finding that this subdivision is consistent with the River Rock Zoning District Regulations and meets the Gallatin County Subdivision Regulations, Commissioner Murdock moved to approve the subdivision with the conditions as amended. Seconded by Commissioner Vincent. None voting nay. Motion carried. Gallatin County Planning Director Bill Armold reported on the consideration of an amendment of the Walker PUD, described as the Walker Property Subdivision, Portion of Tract 1, COS 1498, Tracts 2, 3 and Portion of Tracts 1 and 4, COS 1498B, located in the NE 1/4 and SE 1/4 of Section 26, T1S, RSE, PMM, Gallatin County, Montana. IBeatrice R. Taylor has made application for a text amendment to the Walker Property Planned Unit Development (PUD). The subject property is located at the northeast corner of Spring Hill Road and Highway 10, near the US Interstate 90/19' Avenue interchange, and is within the jurisdiction of the Gallatin County/Bozeman Area Zoning District. The Walker PUD was originally approved by the City of Bozeman in 1990, and has developed consistent with the requirements of the Declaration. of Restrictions and Protective Covenants. Any new development or redevelopment of property within the PUD must comply with the requirements of the Restrictions and Covenants,which regulate land uses, setbacks, easements, building allowances, open space, landscaping, ■ etc. The overall zoning pattern within the PUD includes a mix of Residential-Office (RO), Neighborhood Service District (B-1), Residential Single-Family Medium Density (R-2), Residential Medium Density (R-3), and Agricultural-Suburban (AS). The specific request to amend the text of the Declaration of Restrictions and Protective Covenants is as follows: 1. Add "hotel/motel" as a permitted and approved conditional use within the B-1 zoning district;.2. Establish a maximum building coverage of 30% of the lot area for commercial lots; and 3. Correct the jurisdictional authority from the City of Bozeman to Gallatin County. The request for a text amendment to the PUD must be processed as a conditional use, and in addition, according to Section 6.0 of the Declaration, which requires the written consent of 90% of the property owners within the PUD. Notice was published in the High Country Independent Press on April 5, 2001; posted three places on-site; and mailed to adjacent property owners, a required by regulation. The Gallatin County Planning Board held a public hearing on April 24, 2001, voting 7:0 recommending the County Commission approve the application by Beatrice R. Taylor to amend the Walker PUD. Mr. Armold stated the key element for consideration was the intent, through the use of the PUD concept, to promote maximum flexibility and innovation in the development projects within the zoning jurisdiction. Specifically, with regard to the improvement and protection of the public health, safety and welfare, it shall be the intent of this title to promote the pursuit of the following community objectives: A. To ensure that future growth and development occurring within the zoning jurisdiction is in accord with the Gallatin County Plan, its specific elements and its goals, objectives and policies; B. To encourage innovations in land development and redevelopment so that greater opportunities for better housing, recreation, shopping and employment may extend to all citizens of the Gallatin County area; C. To foster the safe, efficient and economic use of land and transportation and other public facilities; D. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; E. To avoid inappropriate development of lands and to provide adequate drainage and reduction of flood damage; F. To encourage patterns of development which decrease automobile travel and, encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; G. To promote the use of bicycles and walking as effective modes of transportation; H. To reduce energy consumption and demand; I. To minimize adverse environmental impacts of development and to protect special features of the geography; J. To improve the design, quality and character of new development; K. To encourage development of vacant properties within developed areas; L. To protect existing neighborhoods from the harmfiil encroachment of newer incompatible developments; and M. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood, and the community.as a whole. The Commission, after hearing and considering all public testimony, needs to determine whether or not the request as proposed by the applicant is in the public interest and meets the following: 1. Whether or not the proposed text amendments correspond to the goals of the Gallatin County Plan; 2. Whether or not the proposed text amendments correspond with the Gallatin County/Bozeman Area Master Plan Update; 3. Whether or not the proposed text amendments correspond with the Gallatin County/Bozeman Area Zoning Regulations, specifically; a. Section 28: B-1 Neighborhood Service District; and b. Section 54: Planned Unit Development; and 4. Whether or not the proposed text amendments are compatible with the intent of the specific Walker Property PUD concept and accompanying regulations. Mr. Armold pointed out.a typo_on page 5-of the Declarations of Restrictions and Protective Covenants. Striking the words, total gross floor area, Section 2.3.6 should read as follows: The maximum gross floor area for each commercial stricture on Lot 3A of Block 4 is •5,000 square feet, except that, adjacent to the North 19"' Crossroad, one structure will be allowed-,vith x .maximum footprint of 10,000= 17,500 square feet and a maximum total gross Pear- area of 15,090 square- feet— coverage) of 30% of the lot area. , Bea Taylor, the applicant gave a brief background summary of the proposal. Ms. Taylor stated they obtained 100% support from the adjacent property owners and also, a letter of support from Jerry Cashman. ;There was no public comment. Commissioner Murdock moved to approve the text amendment to the PUD, finding that•it corresponds to the goals of the Gallatin County Plan; and to the Gallatin County/Bozeman Area Master Plan Update, specifically to the B-1 Neighborhood Service District and the PUD sections, and is compatible with what they are doing. He added, the change to the Declaration of Restrictions and Covenants as amended. Seconded by Commissioner Mitchell. None voting nay. Motion carried. There were no pending resolutions. There being no further business the meeting was adjourned at 12:10 A.M. . CHAIRMAN APPROVAL CLERK A ST Declaration of Restrictions and Protective Covenants �I j I i..J r � {I } Table of Contents �-' page J 1.0 Setbacks &Easements 2 2.0 Land Uses 2 3.0 Conditions &Restrictions 5 t" 4.0 Walker Property Owners Association 9 5.0 Design Review Committee 11 j 6.0 Amendments 14 7.0 Exhibits 15 j j I ij 1 � J 1 l .: L 1 i DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS THE WALKER PROPERTY r� 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. i 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 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,R5E, PMM, Gallatin County, Montana. i !.; 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. J 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. j Enforcement of these Covenants shall be by proceedings either at law or in equity against j 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, 1 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 I j 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. iJ j J 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. I � -described real property or of any lot hereon,it shall be In any conveyance of the above 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 li 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. l r—� 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. High way y 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. i J.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 f ! Springhill Road and along all interior roads. ±� 1.5 An easement will be reserved on the southwest corner of Lot IA,Block 6 for the construction of a ground-mounted directory sign. Said sign will be subject to approval by the Committee and the appropriate governing bodies. i 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 1 plat of the property filed in the office of the Clerk and Recorder of Gallatin County _J Montana, or the easements reserved and created in these Protective Covenants. I !' 2.0. Land Uses ii 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. I 2.1.2 Lot 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 i 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 ti incidental to the residential use of the premises: Any buildings and improvements must Declaration•2 r � be approved by the Committee and comply with applicable City and County regulations. -1 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 j 'industries': or home businesses which may be permitted provided there are no signs or I external evidence of a commercial venture. ,- 2.1.6 Builders of residential buildings with river-frontage must also undergo review by 1, the Montana Department.of Fish-,Wildlife-andParks for siting of all residential buildings prior to issuance of building permits. ( � 2.2 Office Lots -Zoned R-Q" 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 j Day care center t. Dwelling units on second storey Health and exercise/fitness center Medical offices �.J Photographic studio Restaurants Tennis and racquet club I Fences, signs, refuse containers Parking areas ( ( Private garages for offices and apartments I J Such other similar or essential uses as approved by the Committee and by the appropriate City or County authorities 1 2.3 Commercial Lots -Zoned B-1 J� Lot-rA of Block 3;Lots-lAl,-2A, 3A of Block 4 -Lot lA-of-Block 6-_ 2.3.1 Permitted and Approved Conditional Uses: Churches Dwelling units on second storey '( Personal and convenience services to include: i Automatic Teller Machine Barber shop i 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 rI Medical,dental,or health clinic . Photographic studio I+ 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: IAntique 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 j Bicycle sales, service, and repair shop l I Book and stationery store Candy and frozen-dessert store Computer store i 1 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 JJewelry and metal craft shop Leather goods and luggage shop Liquor store ( I Music and instrument sales, service, and repair shop I-J 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 ' l Fences, signs, refuse containers j Accessory structures i 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 J it 1 r 2.3.3 The total maximum gross floor area for all lots combined on Blocks 3, 4, and 6 is ilimited to 57,500 square feet. 2.3.4 The maximum gross floor area for each commercial structure on Lot lAl of Block f 3 and Lot lA of Block 6 is limited to 5,000 square feet. 2.3.5 The maximum gross floor area for each commercial structure on Lots 1A1 &2A I of Block 4 is limited to 5,000 square feet, except that, utilizing zero lot lines, one I' ( , structure on Lots lAl 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 I j gross floor area of 15,000 square feet. j } 2.3.7 In a structure that exceeds 5,000 square feet, the maximum floor space for any 1 ( one commercial activity may not exceed 5,000 square feet. 2.4 Open Space IL 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 jdocument 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. l..�l 2.4.3 All land not platted as a lot or granted for easement purposes shall be designated j 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 I shall be the responsibility of the Walker Property Owners Association, Inc. 3.0 Conditions and Restrictions ( I u 3.1 Utilities i Declarants will provide underground electricity, natural gas,telephone and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, and telephone services to the residence,business, or place of use from the primary line. All utilities shall be underground. No additional fuel storage will be permitted without the i permission of the Committee. Communication antennae and satellite dishes linust be -� situated so as to reduce visual impact and be in compliance with the Bozeman Zoning Ordinance. The installation of communication antennae or satellite dishes is subject to prior approval from the Committee. I Declaration•5 i ; (0 i3.2 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. �-1 I 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. {1 3.5 Vegetation i 3.5.1 There shall be no cutting, removal, or voluntary destruction of timber or .� vegetation located on the premises except: �J •to the extent necessary and approved by the Committee to enable the building of structures and improvements on a building site; •landscaping; 1.I •removal of dead or diseased trees and noxious weeds; or i • 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 1 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. I I t Declaration• 6 1 ' ff 3.6 Weeds I ' -� 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 i 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, f and may assess the lot owner for the costs thereof. 3.7 Landscape Buffer Strip r-` l-..' 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 (�l landscaping during the review process by the Committee, the City of Bozeman, and/or Gallatin County. i 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 i 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 J resurfacing of roads shall be the responsibility of the Association. Year-round access will be maintained on all roads. 3.9 Fire Protection .J 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 I. 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. i 3.10.2 No excessive noise shall be permitted upon any portion of privately owned ✓i property or commonly owned open space which may be or may become an annoyance or nuisance to that neighborhood. l i 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. L_ Declaration•7 i ., ' I r ; 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, I. 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, 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 en- itted on an lot except that one temporary P �'Y P Y P building may be used on any lot during the course of continuous construction, not to i exceed eighteen(18)months from start of said construction. � ' 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 processed and reviewed against the Bozeman Area Subdivision Regulations and ( � the Bozeman Area Zone Code in effect at the time of application. J 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 I.. Covenants. ( ; 3.15 Pedestrian Circulation System I ! 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 By-laws of the Walker Property Owners Association. 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 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 i installed at the time each lot is developed or within three(3)years of the City i Declaration• 8 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 f 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 lA (at owner's discretion); Block 6, Lot lA-A five(5)foot wide gravel pathway shall be installed at least one(1)foot r 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 i- 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 1 construction and installed at the time the lot is developed. •U.S. Highway 10 (Block 5, Lots 1, 2, and 3; Block 6,Lot lA) - 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 i projects are submitted for site plan review prior to construction and installed at the time each lot is developed. 4.0 Walker Property Owners Association I .. I.� 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 I of the various tracts within the subdivision.to: Declaration •9 1 . • 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 sewage disposal system accessing the City of Bozeman sewer line to the Waste Water Treatment Plant; i •maintenance of pedestrian pathways on common open spaces; • maintenance of painted pedestrian crosswalks; • administer the weed control program as approved by the Gallatin County Weed 1 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: 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. 4.1.2 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. UAfter 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 i 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 �i (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 �J special assessments for each lot shall be paid when billed. Declaration• 10 1 1 ^� 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 l 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 !- I 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. 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 1 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. �j 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 jIJ application and review. 5.5 The Committee or the individual members thereof may not be held liable by any person i for any damages which may result from Committee action taken pursuant to these covenants J 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 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 complete the unexpired term shall be selected by the remaining members of the Committee. l � Declaration• 11 I. . I r 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 r 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 J the covenants have been violated. 1 5.9 In addition to the Walker Property General Architectural and Landscape Guidelines,the J 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 J 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 (i 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. ( ( I 5.10 Review Procedure 5.10.1 Five sets of plans will be submitted for review. Following Committee approval, 1 one copy will be maintained on file and the remaining copies will be returned to the owner. Building plans submitted for review will include: � i • site plan with main building(s), outbuildings,parking areas, driveways, exterior garbage containers, fences, and and any additional improvements clearly i 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. Declaration• 12 I..I 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 f resubmitted for approval. 5.11 Construction Timetable i J 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 il Committee. Final interior construction shall be completed within eighteen (18)months J 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 i (180) day exterior completion requirement only. In such case the site shall be taken to - final grade before winter,with no remaining excavation piles,except for top soil piled not to exceed fifty (50)cubic yards. r�` 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. !U l % J r � I Declaration• 13 � � , � `I ('V�'l Z`f � � � �� � �n �'1 b I � �'� O O —� r 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. gh p perry. (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. r• ' Y , i i 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 t. of Lot#3, Block #4, may be subdivided into no more than three (3) r lots. The prohibition against future subdivision is therefore redundant. All other conditions are acceptable as presented. �3 1 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 i. MEMORANDUM i TO: BOZEMAN CITY COMMISSION 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 CF r • 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 18.28.010.13 which allows a maximum gross floor space of-5,000 square feet. A long, 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& 5(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. 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 landscape/irrigation site plan for such improvements be documented prior to at 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(tavern,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 preparing this thoughtful and useful report. Yours truly, Beatrice R. Taylor 1�%ti)a,,,, rL I Q,t Susan R. Taylor i - - 11 BOZEMAN HISTORICAL PRESERVATION ADVISORY COMMISSION MEMO c!o Planning Dept. P.O. Box 640 Bozeman, 40 59715 TO` Dave Skelton, Bozeman City Planner (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. 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 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. by-I a ws r `. 1' a Ali' t J� •� •i iG .•'. •.ny+7 ,;yn.:�s.i �.}e� *o ,t�. •�AAil Z ;Cinfi, ,J: ^-'ecr } -,�._ •y,y. -. �, Y•4 JW '4 2 P f FILM 124 PACE Mt DECI.ARATION OF f RESERVATIONS AND PROTECTIVE COVENANTS ,j THE WALKER PROPERTY r A PLANNED UNIT DEVELOPMENT GALLATIN COUNTY,MONTANA i \ V ' 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 f 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 I t of Certificate of Survey-No.1498 and Tracts 2, 3,and portions of Tracts I and 4 of a Certificate of Survey No.1498B,situated in the NE V4 and SE 1/4 of Section 26 and the SW 1/4 of Section 25,TIS, R5E, PMM,Gallatin County,Montana. � t tf ? 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, i 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 f 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 len(10)years unless changed in whole or in part as hereafter stated. rt 44 Enforcement of these Covenants shall be by proceedings either at law or in equity against Y 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 y' a :%+ actual costs incurred and to reasonableve attorneys fee as set by the Cot. Any lot owner, Declarant,Committee,or the Association may enforce these Covenants. For purposes of . this document,each unit owner of amulti-family unit located and constructed on Lots 2, 3, 'F &4, Block I shall be considered a separate lot owner. ..�t 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. Y Invalidation of any one of these covenants by Judgment or Court Order shall in no way r• affect any of the other covenants or provisions,all of which shall remain in full force and =' effect. T..' �M. Ln any conveyance of the above-described real properly.or of any lot hereon, it shall be r �• sufficient to insert it provision in any deed of conveyance to the effect that the property is 1 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 r Declaration .r �� .6Y � � � ^s`L �Y ��,,:•... .-YES'-^";}�5 .:a'� �`',� '° 'ty,-,. � :�v .�`�'�"..,1^, iiY��'.u'Y ;:H ky'! `-.�.'�"pr.�"'� �. r �:�r.: ��?r*,��� -,. 7 �..•.9-. . .. - t J" C FIIM 124 PAR232 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 i-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 Officc. 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 nonh 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 casements reserved as indicated on the plat of the property filed in the office of the Clerk and Recorder of Gallatin County Montana,or the casements reserved and created in these Protective Covenants. a 2.0 Land Uses 'c 2.1 Residential Lots 2.1.1 One single family dwelling, i.e. une living unit in a single building, per lot may be constructed on Lots 5, 6, 7, 8,& 9, Block I. r 2.1.2 Lot 3 of Block I 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 I may t 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 k 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 ON ;)! :.l.i- ". .,. 4, .'�f t 'N'.) •• "''k,. '4 r. •i �' t Y ".i ..�. FILM 124 PACE i233 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 locution 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 I, 2,& 3 of Block 2; Lots I, 2,& 3 of Block 5 Permitted and Approved Conditional Uses: Business and professional offices Community social center Churches Day pre 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-I Lot I 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 oWpick up service Health and exercisi/fitt)css center Laundromat,self-service Declar lion • 3 I i Medical,dental,or health clinic FILM 124FACE1234 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 instmment 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 racquel 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 7 �l' 'r/# t 'c p i. -r�A� :�� ''� r 4yt G�' • }•,- t t »'� 4 RLM 124 FACE i2M 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 I &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 Moor space for any one commercial activity may not exceed 5,000 square feet. a 2.4 Open Space 2.4.1 Lox 1,Block I has been set aside as non-developable open space which is owned solely by Declarants or their assigns. Restrictions governing its use arc 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 I 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 s and maintenance of fencing of said property shall be the responsibility of the owner. r 2.4.3 All land not platted as a lot or granted for casement 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 and sewer lines to each lot line. Each lot owner is responsible for the costs of bringing electricity, natural gas, and telephone services to the residrnce,business,or place of use from the primary line. All utilities shall be underground. No additional fuel storage will be permitted without the permission of the Committee. Communication antennae and satellite dishes must be situated so as to reduce visual impact and be in compliance with the Bozeman Zoning Ordinance. The instillation of communication antennae or satellite dishes is subject to prior approval from the Committee. Declaration•5 I it I 3.2 Materials and Waste FI!" 124PAN1236 The storage of supplies,equipment, boxes,refuse, trash,materials,machinery,or machinery parts that would detract from the aesthetic values of the properly shall be placed and stored in buildings for that purpose. Each lot owncr shall provide suitabic receptacles for the containment and collation of trash and garbuge,which must be enclosed,screened, t 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 owncrs will be allowed, but no commercial breading 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 I as long as such animals arc 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 mcmbcrshipdeems appropriate. 3.5 Vegetation 3.5.1 There shall be no cutting, removal,or voluntan destruction of timber or t 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,strearris,driveways,or ponds. ,. 3.5.2 Due to the need for wildlife habitat,no vegetation or deadfall shall be removed within the 100-foot habiuu preservation setback along the East Gallatin River without prior approval of the Committee and the Montana Department of Fish,Wildlife and Parks. 310 Permit-and/or Floxxdplain Development Permits arc required for any construction within the East Gallatin River or the l(X)-ycar Iloxdplain boundary. 3.6 Wccds 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 Declaration•6 r.. FILM 124FACE1237 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 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 landscapchrrigation plan for the 50-foot landscape buffer-strip s casement, provided by the Declarants,will be used as a benchmark for assessing landscaping during the review process by the Commiace,the City of Bozeman,and/or Gallatin County. 3.7.2 Owners of lots which include land designated as a"50-fool landscape buffcr-strip casement" along Highway 10 must make improvements to the buffer strip as a condition of rccciving 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. J 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 ncighborhocxi. t 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 ,r �.� >r�• ► f 7 1. 13.12 New Structures F a m 124 PAU 1238 13.12.1 The size,height,and appearance of buildings,signs,parking area_-,,fences, and landscaping arc 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. i 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 Boicman Arca Subdivision Regulations and the Bozeman Area Zone Code in effect at the time of application. C 3.14 Responsibility All lot owncrs 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. r 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 owncrs of the individual lots; r •care for, protect,and maintain the roads and other beneficial structures; •preserve the wildlife and rural environment; •operate and maintain a sc%vage 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 Woad 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: q� Declaration•8 r1 J� t_ F►l w 124 PICf i239 4.1.1.1 Lot 1, Block I has been set aside as non-developable open space,and owner of said lot shall not be considered us a lot owner for purposes of this document. 4.1.1.2 Block G 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. 1 4.1.2 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 terns "lot"or"lot owner"are used hereinafter,they shall rcfci 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 b_'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 Iran 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 m 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 m stipulated in the lly-laws of the Walker Property. All annual and/or special assessments for each lot shall be paid when billed. 5.0 Design Review Comrmillcc , 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 lly-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 spccif ications approved by the Committee. DcClanition •9 vrr f►l!+ UVACU24O 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. s 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 members 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 arc not compatible,or are inappropriate,in the opinion of the Committee, f 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 °nor a't r. fcl� 124FACE1241 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 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 foray-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. i 5.11 Construction Timetr,hle 5.1 1.1 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. 1 5.1 1.2 Construction shall be completed on the exterior within one hundred eighty(180) days of stars 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. 'fhis shall apply as a variance to the one hundred eighty Declaration• I I PRINT h �. '+1 124FACM242 (Igo)day exterior completion requirement only. In such case the site shall be taken to final grade before winter,with no remaining excavation piles,except for top soil piled not to exceed filly(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 t 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 Mi )ty — 1941 i STATE OF MONTANA ) ss. ' County of Gallatin ) On this-7 1 day of rl, f�L A.D., 19`7 I before me,a Notary,fublic 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. t h e Notar'Public fQr the State of Montana �-(sod) '( . Residing at V� 0C� My commission expires k/?/C; ? Declaration• 12 I \ imp / 2462'7 THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON J •I'IIE 29TI1 DAY OF JUNE A.D., 19 92 017FICE OF COUNTY RECORDER ) 124 COUNTY OF GALLATIN ) AT 4 :55 P NI., AND WAS DULY RECORDED IN BOOK STATE OF MONTANA ) OF MISC LAENOUS RECORDS, PAGE 1231 1•Ce c 72.001'D cQ/! -N• eA."I 111:COltDI:R. 13Y1^t ^ �DEPUTY RT: SUSAN R. TAYLOR . a 41( yr^• 1��� . s When Reccrded, Mail to: BANK OF EE IT �tf ERCE :OS A STP.EET 24993* f" 124 M IDAHO FAULS, IDAHO 83401 Stale of Mont., County of Qaftfin. SS Filed for record June 30 at 9: 50 A 19 92 M., and recorded in Book 124 (A S S I G N N T S page 1 2 4 3 f ,tls o� L""Y Recorder. By ' Depu Fee: $6.00 R[: American Land I ASSIGNMENT OF TRUST DEED FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, THE BANK OF CO*AfERCE NORWEST MORTGAGE, INC., A MINNESOTA CORPORATION hereby assigns to 800 N_RQU!'ITE AVENUE SOVPH MINNEAPOLIS, MN 55402 that ce:•t-.:n Trust Deed, together with the indebtedness secured thereby, which Trust Deed is dated 05/11/92 was executed by J. DOUGLAS SCHMIER AND STACEY A. SCHMIER, HUSBAND AND WIFE as Trus:o-, to AMERICAN LAND TITLE CO. as Trustee, was reccrded on May 15, 1992 in Book 123 at Page 1362 Entry Number 244718 of the rc:ords of the County Recorder of GALLATIN County,MONTANA and covers real property situated i:•. said county described as follows: J LOT 2 IN BLACK 2 OF THE ORIGINAL TOWNSITE OF WEST YELLOWSTONE, GA.IATIN N COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND I OF RECORD IN THE OFFICE OF T11E COUNTY CLERK AND RECORDED OF GALLATIN COUNTY, MONTANA. M I ti .J 0asod 6/3/92 THE BANK OF MMERCE By Its VICE PRESIDENP b. MANAGER STATE OF IDAHO ) COUNYY OF BONNEVILLE } On 6/3/92 , personally appoared before mo P. BLACE MUE1A£R who being by me duly sv:orn, did say that he is the VICE PRESIDENP S MANAGER , t of Tii° BANK OF C=IEQCE and that the foregoii:y instrument was signed in behalf of said corporation by authority of a resolution of its 5,nrd e.' Directors, and said P. BLACE MUELLER acknowledged to me sai4 corporation executed the same. Notary Public 9 s n av� .Ir>.'a'�fN.;rZr� {,i M 11r t '(` •"'°aj1•��,![�_, 'f`l�M-!"� �,.�_. '<y+a:�a�y'^�4+a.CRr•er..'w.t�•r--..a; •-�}'��..T .' .� �-f�, ,� n iw + '�ltx i14� ' ? , 'L A �s' t^•, '. �� 1 ; 'r fiCr�M,.,�.da✓' 'rtr ,�/ iL1 t', Y`• '� t t f •�r r tt+ t1t t t }:t rat 3l y.�,r 1 5`1 4s'. t .� Nr ate: a 1 ,, v✓ 1 y /._J 1 a! ,t fl'� {I f�[1 fwj��1{��..,�pr►� '. y'r}M Jt4 , t _}• a i a / ' •r ' ' Olifl'•Cloll��.l- ' � � d , ♦ �1 r.' ,1 t 'r '�"" f(y.[ayehr.,;I.4 a "*,t���♦��.e:t 7F yQ, CTit'rr r:T��a '7,•�'` r r,,,(.••a y ' �S 15..BY•i/1'A%M 4j +f;;�j� �•` *a`Y 7 + {�'a F '� r r..a,,.e t•� •{. ;�^. y •' 1 X f}iV ,�. ` •, ! �L%;, � ti.J*-•. ..t.�l..f� <;r 1 . `� n�'•ti +� 1 d± )i, ,IaVHALKERPROPERT OWNERS�►SSOCIATION.INC. �t '` a I .'f���f,-�I ,t a 3y0 ,�r t r ,S•* 7.•�f,.�•(t'�r.y , }-pf IX4;�. �+�'I•�`S ".I=_4aL,F,.v+'Y'�'� 7 -r`,+ • a7 T. .t {tf r c" rr Lei y syI'•' i •�1 rf -yry.Lt•'. '�2 •+•e, t♦ v. r . f :y Y' "'♦ 5+ �Su�`�Sr�.�"'':NIJ�' ,ldce It A,• �r' id Y} a tS �` rr''••• t r ,'• y r. r � �• .� PTa �Owners Aacocl�atIon hereb t Miller,he fthe lnlIM B�for �rtY Y IonrinB Y- s, Oanerd Association;inc,heretiralter referred to W"AaaociatwesSirs~m Xc or and Beotrice R.Taylor,hercitit lter isfer.nd to ni"Declaimm'.",have +' executed and filed a Declaration of Restrictions and Protective Covenants,on file with j yy Cleric and Recorder,Gallatin County,Montana, i: �.• ,. 1+� { . o , ,t t� - ; +,sayt .i_+'1.+•yn y.T J, r w+-w; 1 { { ! ti TI ti-r S y F , t r '._�Sus ;�. ��.�e�'�^tcll�y�J,C�r�4i^r�7a 3'Y.S � e��c. .;� {u�,,r , �t� 71� , G r�,�►;�_� tl}� � C, `t ;-�-e.j3 i.. je� �:� i ,t. tiYr T`r iilil 4.0 Membeiahi •�.+.' t,•'•a',C ��f ' � ; F a � � �. . .Y `r`.p�,l�� r _' ��.. ' y fi {r.•[ r •r 'n y= ,F'lb' , ,+'•', q F, Y i'J(r,• r .y; n r !i -f 4u s «fie t ,s �rrr.�� • ", - •r: .r..ti1 S'.4 Ir s. ! * • J ��'•'41 s, •[, ,A �, !1.1 Every owner of a lot which is located on Walker Property wbdivision shall be a member of y `I'trthe Association. "Owner'shall refer to the'owner of record,,.whether one or,more pe.wns ort r n • ^�; ', � 'entities,as indicated on the recorded deed �? ;�� �t•..,` i •.tit ..rf .. Yl., . S ',o• h ' M :�€1.2 In addition;cacti unit owner otmulii-family units located and constructed on Lou 2;3,'dt � � '„4'Block;l shall be considered a sepamWbwner and a member: Al 'When the temu�,lot,or lot} ry - ; � ( ` ►�� »'r'•`owner'aro vied hereinafter"they shall refer to both lot and unit owners. Alter one or moro+x.-?+� r } y i4nits have been constructed 66 a multi-family lot,the owner of such spedu lot shall no longer`41 r- rr L"• ', .:n ti - h- rti t:"GT''c a'• a-.E , a.�- .�, '- r � 1t f♦ ibea_member.�{a� <•" h S '/2` zt at �tj•,'Y,r:Bol -'r•�` iE y r'�lr at '' S a �' - -i•G - s. "� t�•T ;xT'A 1.3 If an owner ds more than one lot,diet person shall be considered a inember for each lot«t ! � ,_• •• l 4 � • 1 ,+ - tiff•t.J - �,�.( -r� ids x .t+ �., Y • �r,"b '.,� ,,r' � �t �s3 � `tl�J.r.ai�•��ri �� ' � y a' _.' ••'1 �l r ,. .a '.J� '+s' � ! t}, 1-+ r+?�� - 1T �1.4 If a lot isi,sirbdivided,each iesuiting lot owner shall s be member of the Association: ' t ' ° '"` .I.S Lot l;Block 1 hai been`set-aside as non-de.velopable open`space,sand owner of said lot *`� `�• 1 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 voter either In peiion or by written proxy tiled wlth the Secretary.'.When more than one person holds';,' �. e •.;' `;;^, an interest In'any lot,all such persons shall be members but may cast only one vote per lot. The x vote for 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 multifamily dwelling : '.• r v rt,,a,,; ( r • .'lots). r - 2.0 Aaaesiments• :.. �� 'An annual assessment shall be determined by the Board of Directors of the Association In an !� i'''. `, "• amount estimated to cover the normal operating expenses of the Association for each year. "'{a '. Normal operating expenses will include road maintenance and snow removal,'common open •,. a; ,' n r'•'' 'space maintenance,implementation of n weed control plan,operation of a sewage lift station, operation and maintenance of satellite TV antennas and related equipment,and any other • +• amenitiei voted upon by the membership,together with such additional amounts ai may,in ;r v ' • '�, , ; their reasonable Judgment,be necessary to cover any past deficits from operations or to create p; - reasonable reserves for the future cost of operations. - ", ` • ";•' °,.51 • •'•_ ,' 2.2 In addition to an annual assessment io cover the Association's operating expenses,the: Association,by an action of its Board of Directors,may levy special assessments for the•' ' ,r,' ` •.+y,-..t•.� .: Bylaws•�I •', ,- .4;t,, .�-.•♦.d• 't•;rj•,•'�a '.tj', 'r, ... 'i . , �-•, A,1 •I I ' `�i� • .! V'' r, `fit, ' 2,. r• �'�� `�.M r �• :,�' . .,J.xa •�!'y.. —S �. 'r r•a. - :fit I - a F.. r• y.}. a °a °C� a 1�$ cam'9 Ftti '��...sR:SI�^.-.� _ `t!+'•.� � .ate' h: �i, J .�" � .^. c.n�S. F! +i'_ J �•s r r 1 L C f f1M 12002M 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 attorneys 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. I 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) C 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 merabers 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 i' :t f 4.2 Directors shale be elected at the annual mewing and serve renewable Berms of three years. Directors shall save without compensation but may be reimbursed for actual eapcma incurred. in the pafotmanee of duties. A Director maybe 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 yenta. Vacancies of uneacpired 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 mcmber 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 Di rectors; •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 membets,or at any special meeting when such statement is requested in writing by one-fourth(1/4)of the voting members; By-laws•3 i ,C M 124W2681 -snake available,during regular business hours,said books and records for inspeakm by any member upon written request of such member. ;s. •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 7` 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 k --9thin 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 arcs to be maintained;and •to oversee the management of the weed control program. 4.8 Officers 4 is 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 �.Y of them. In case of death, resignation,or removal of any officer of this corporation,the d Board of Directors shall elect a successor,who shall hold the office for the unexpired term. u _. 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 sald 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 �ticq vv i • )o. l _ ,--.\p �t .� Q )VY t lY ,"g.l � is��','.'':rrz ,•��� M� '�'Iz.� i1b 759"\ __ e 'rt FILM 124W2682 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 3041 day of r-s— , 19 `i 2L. n STATE OF MONTANA ) ss. County of Gallatin ) On this 30 day of A.D., 19 C1 before me,a Notary Public for the State of Montana,pkJsonally appeared eocat-c' c v- (R . TfkYL-0/L f known to me to be the persons who executed the within and foregoing instrument and acknowledged to me that they executed the same. tt_ h16 .t�! to : Notary Public r the State of M tana ��► . 1 tttehl) Residing at ,,n.c.•r... . N1 t— a My commission a ires Y 1.3 19 3 Y By-laws • 5 :.7 � d A yA 0, �. .»# `3 ra. , "j :.4 _ P ✓ 4 art r y�tjxdt(y t �uti., i # J { LiPi "�;ia (ji "`r k 7y'"�L•" /rt rn 4 `j�r r.. i���"f' '�f r wYS�''�3 � ��.i �� ( �C'�*efwLa�� 1pl� Fjy4���F pY ��a�,�ir7;++�ri'�•+�J���?''�� �e�i's'`7�:i� f'"i�kS'� •�' . t+, f # b 'S Y-" k�#,7A 2 �[`S a `Y{Y• � ^�`r �°F a .• t.."��aa'x �f -1 r v;�'r:.�yY,i�£r.�+,��� ��t�r�x+��y :�,� °°.4 Kk� .�A ,.� � 1. .�rs•,,.t� �, .��� �, y, [S# '"`yY�y. ., '+,tir�t � i�a.. � � .{ ...1 y;lam" � �a�. rl.�;, °(.yr"}�;� �. �"�'- Y��'"�3.;, t��, ri li. �..r. • •r - { 124FAa2W r ' STATE OF MONTANA ) { i • ss. County of Gallatin ) P On this_�Q_"" day or A.D., 19-9—a—,before me,a Notary s Public for the State of Montana,pdisonally appeared known to me '�` to be the persons who executed the within and foregoing instrument and acknowledged to me that •,'-Iyl they executed the same. + i Notajy Public for the State of Montana • 'r �y, f i Residing at *A'Ir�a fhT S My commission expir s l—q3 247598 r State of Mont., County of Gallatin. ss Filed for record July 13 , 1992 f A at 1,30 P M., and recorded in Boole 124 Of MISCELLANEOUS page 2678 � ALLI&v -A Q1 616" Recorder. By t QC el lj2n Deputy t t' Fee p Rt: Bea Taylor 6400 Bostwick Road Bozeman, MT 59715 t a' s. s_ Y 1 By-laws•6 '� d '. fi j t ' � lyf yaLr t7"; s .T Ay y� w WF vC Y,Ile y 4wt s '.`», �.r t. �5��r�"P�� }t4' "�'r�-j'�^"+,��kf'��'~ �'t��'" �s�," ,�}'�G•* ��..�''t` f ar'� 'j: '�tL �M�,.t i' r p. e. ��f•,�^Le�,�� r�Y".`�`�+TI�`t?`!r,�,t _.t �F qc t�h_ _.�} �La� �'+3+�. ,.�..[S'�Y F a :r• � 2q. A � • #'t�-.... } ��° "�••i •poi. t�V ."p k� y�N�. 'l+� ,'F'� i COMPLETECOMPLETE THIS SECTION ON DELIVERY . . ■ Complete items 1,2,and 3.Also Compete A. Received by(Please Print Clearly) B. to f eliver. ■ Complete items 1,2,and 3.Also complete A. eceived by(Please Print Clearly) B. Date of Deliveryitem 4 if Restricted Delivery is desired. item 4 if Restricted Delivery is desired. I ■ Print your name and address on the reverse C. Signatu ■ Print your name and address on the reverse e -CK V -12- so that we can return the card to you. ❑Agent so that we can return the card to you. C. Sig urea Attach this card to the back of the mailpiece, X - ❑Addresse ■ Attach this card to the back of the mailpiece, ❑Agent I or on the front if space permits. p D. Is delivery address different from item 1? ❑Yes or on the front if space permits. ❑Addressee 1. Article Addressed to: If YES,enter delivery address below: ❑ No I. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No ` Mr. Roger Kirk _ —�Mr. Britt Miller P.O. Box 1136 Miller Land Company Bozeman, MT 59771- 3. Service Type M-(.Ire'rtified Mail ❑ Express Mail P.O. Box 531 3. Se • e Type 1136 ❑ Registered ❑ Return Receipt for Merchandi; B1111ngS Certified Mail ❑ Express Mail i ❑ Insured Mail ❑ C.O.D. MT 59103 ❑ Registered ❑ Return Receipt for Merchandise 4, Restricted Delivery?(Extra Fee) SilLes ❑ Insured Mail ❑ C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) //L Article Number(Copy from service label a f T / a 102595-99-M-17E PS Form 3811,July 1999 Domestic Return Re eipt S Form 3811,July 1999-F, (� Domestic ReturnR a Receipt ' .��Y - 102595-99-M 17e9 `1 lice � COMPLETESENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • . . . • ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delive I Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Da of D livery item 4 if Restricted Delivery is desired. k item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Signature I Print your name and address on the reverse so that we can return the card to you. so that we can return the card to you. C. Signa e ❑Agent I Attach this card to the back of the mailpiece, ❑Agent ■ Attach this card to the back of the mailpiece, X L1�jC{.�- t{1 ti l.y� ❑Address. p X �(= or on the front if space permits. or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? ❑Yes D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Article Addressed to: If YES,enter delivery address below: ❑No —" Susan Taylor Nelson Trust Mr. and Mrs. Peter Bade 1045 Reeves Road East s� S9�re P.O. Box 1624 Bozeman, MT 59715 (' 3. Se Type Bozeman, MT 59715 3. Se ce Type Certified Mail ❑ E Mail�� El Certified Mail ❑ Express Mail ? ❑ Registered ❑ Re u© eceipt� is ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O. Q ❑ Insured Mail ❑ C.O.D. I! 4. Restricted Delivery?(Extra Fee es 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) Article Number(Copy from service label) (# . � D / �� �� oa z z r� f` tf PS Form 3811,July 1999 Domestic Return Receipt / /O r�. 102595-99-M-17E i Form 3811,July 1999 (� Domestic Return Receipt /� 1o2sss-ss-M-nes �� / ll V y COMPLETEN DELIVERY • • • • . ISECTION4 4 Zo • • I Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Dat of Deliver item 4 if Restricted Delivery is desired. item 4 if Rest0-ted Delivery is desired. • Print our name and address on the reverse ■ Print your name and address on the reverse Y C. Signature C. Signature so that we can return thecard to you. so that we can return the card to you. Agent ❑Agent ■ Attach this card to.the back of the mailpiece, �` Attach this card to the back of the mailpiece, X �", �, X �r� C1C ❑Addresse or on the front if space permits. Addressee, or on the front if space permits. D. Is delivery address different from item 1? Yes D.'Is delivery address different from item 1? ❑,YY Article Addressed to: 1. Article Addressed to: If YES,enter delivery address below: �No If YES,enter delivery address below: No TJ • Mr. Craig Ramsey Mr. Kelly Edwin Wood ` �1111Paddock Lane 1 10500 218th Avers �XCe151Or, 3. Serve Type Redmond tl�JA 98053 3. Service Type MN 55331 Certified Mail ❑ Express Mail Irtified Mail ❑ Express Mail ❑ Registered ❑ Return.Receipt for Merchandise ❑ Registered ❑ Return Receipt for.Merchandis ❑ Insured Mail ❑C.O.D. ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number(Copy from service label) { 2. Article Number(Copy from service label) 'S Form 3811,July 1999 ^ Domestic Return Receipt �� 1o2s95.99-M-17as PS Form 3811 July 1999 Domestic Return / / i^ 102595-99-M-178i Gt� ' ( (O7 SECTIONNDER:COMPLETE THIS . . . . SENDER: . . . SECTION ON D Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) I B. Dale of Deliver item 4 if Restricted Delivery is desired. item 4 if Restricted Delivery is desired. '4 Print your name and address on the reverse C. Signature . ■ Print your name and address on the reverse C. ignature ❑ so that we can return the card to you.. so that we can return the card to you. A Attach this card to the back of the mailpiece, X ❑Agent I ■ Attach this card to the back of the mailpiece, X gent or on the front if space permits. ❑Addressee or on the front if space permits. ❑Addresse D. Is delivery address differ item 1? ❑Yes D. Is livery add ss different from item 1? ❑Yes Article Addressed to: ❑ No I 1. Article Addressed to: If S,enter delivery address below: ❑ No If YES,enter delid��b � - ry ATI3ept.of Transportation m 6 I FC, Inc.I Sunny Hillside Lane /o Mr. Doug Moeller 5800 S 3. Service Type t.0. Box 1110 3. S�erv�e e Type P`' Bozeman, MT 59715 �ified Mail ❑ Express Mail ZZertified Mail x ail P 0 ozeman, MT 59771-1110 ❑ Registered ❑ Return Receipt for Merchandise I ❑ Registered ❑ Return Receipt for Merchandis ❑ Insured Mail ❑C.O.D. I ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number(Copy from service label) D D / 2. Article Number(Copy from service label / ��� / 73, 3 Form 3811,July 1999 f�l Domes Return Receipt /��i� y,� 259s-99-M-17es PS Fo(ry/mf'�J38(�1J1.J(,u/dv 199`097L(�/S0 A Dnmactir.RPtitrn Raroint /Y�/I�' �+^^c^c^^" . • . ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) 8. Date of Delivery ■ Complete items 1,�2,and 3.Also complete A. eceived by(Please Print Clearly) S. Date of Deli item 4 if Restricted Delivery is desired. item 4 if Restricted Delivery is desired. �e "L ■ Print your name and address on the reverse ■ Print your name and address on the reverse C. Signature eazia so that we can return the card to you. C. Signature so that we can return the card to you. ■ Attach this card to the back of the mailpiece, Agent ■ Attach this card to the back of the mailpiece, X or on the front if space permits. Addressee P ' ❑Agent P or on the front if ace permits. �,i.L,ElAddre: PIselivery address different from item 1? ❑Yes D. Is delivery address different . imr 1. Yes 1. Article Addressed to: 1. Article Addressed to: If YES,enter delivery ad 1 o ES,enter delivery address below: ❑ No Montana Dept of Fish, ' Montana:,'tail Link Wildlfe anal Parks 111 SW Columbia Street 1 6i �tj v.' Suite 1200 3. Service Type 1420 East � ' ,,::•.�_ryu� 3. 5ervi Type i/ �fe I6d Certified Mail ❑ Express Igel€na, l� 'f e9��J lld'Certified Mail ❑ Express Mail Portland, OR 972tJ1-5843 0 ❑ Registered ❑ Return Receipt for Merchandise ❑ Registered ❑ Return Receipt for Merchan, ❑ Insured Mail ❑C.O.D. ❑ Insured Mail ,.❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 4. Restricted.Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) 2. Article Number(Copy from service label) PS Form 3811;July 1999 Domestic Return Receipi� / /� 102595-99-M-1789 PS Form 3811,July 1999 Domestic Re urn R ceipt— ' /� 102595-99-M-1 • . • DELIVERY COMPLETE • • • • • COMPLETE • ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Deli item 4 if Restricted Delivery is desired. item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse n ■ Print your name and address on the reverse C. Signatur C. Signature so that we can return the card to you. so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X Agent ■ Attach this card to the back of the mailpiece, or on the front if space permits. ❑Addre: or on the front if space permits. ddressee s address ifferent-fr i m 1? ❑ es D. Is ery address different fr item 1? ❑Yes 1. Article Addressed to: 1. Article Addressed to: If E delivery S,enter delive ad w: ❑ No If YES,enter delivery ad�d�� ❑ o S M A Mr. William Mowen -V Mr. and Mrs. John Beyer 315Wt Griffin Drive, #19 848 Stonegate ? Bozeman MT 59715 3. Servj�eType Bozeman, MT 59715 3. S��ervi//c�,Type `t6 ' ®/Certified Mail ail gd'Certified Mail\61 ail ❑ Registered ❑ pt for Merchan ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label)D PS Form 381.1,July 1999 Domestic Retu{n Receigt� r 102595-99-M-1 PS Form 3811,July 1999 Domestic Return Recei / 102595-99-M-1789 Re I �� 17 - COMPLETE • •MPLETE THIS SECTION ON DELIVERY COMPLETE •N COMPLETE THIS SECTIONON ■ Complete items 1,2,and 3.Also complete A. eceived ( se Print rly) B..Date of Delivery 1 ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly)T77777 item 4 if Restricted Delivery is desired. q item 4 if Restricted Delivery is desired. /"® ■ Print your name and address on the reverse ■ Print your name and address on the reverse C. Signature C. Signa so that we can return the card to you. (� ❑Agent so that this can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X � ❑Addre ■ Attach this card to the,back of the mailpiece, X g or on the front if space permits. or on the front if space permits. i ❑Addressee D. Is delivery address different fro vi C 1. Article Addressed to: D. s delivery address iff re t from it m 1? ❑Yes 1. Article Addressed to: If YES,enter delivery addrer15- 2435 lo . o If YES,enter delive addre be w: ❑ No Gen. and Mrs. Robert Mathis Mr..and Mrs John Abernathy Fairway Drive � � �'� PO Box 39A7T� Bozeman, MT 59715 3. Service Type i Awk...nson NH 03811 3. Service Type �,t;� � �l�J Certified Mail ❑ Express Mail� yrertified Mail ❑ Express.Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Registered ❑ Return Receipt for Merchar ❑ Insured Mail ❑C.O.D. ❑ Insured Mail ❑C.O.D. 4 ' 4. Restricted Delivery?(Extra Fee) ❑Yes . Restricted Delivery?(Extra Fee) ❑Yes 2. Arti le Number(Copy from service label) . 2. Article Number(Copy from service label) D� D c9C� l z z 7C 6 D l PS Form 3811,July 1999 Domestic Return Recei t 102595-99-M- PS Form 3811,July 1999�n Domes R turn Receipt ��- / 102595-99-M-1789 ZO — -� (6 V — RENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Com lete items 1,2,and 3.Also complete A.j!=eaje rint Clearly) B. ate of DeIiv ry ■ Complete items 1,2,and 3.Also complete A. Received by(Please Prin Clearly) B. Dat of li ite Restricted delivery is desired. _, 7 h item 4 if Restricted Delivery is desired. S ■ Prlitur name and address on the reverse 0 ■ Print your name and address on the reverse RU. 5�9�n�ature.so that we can return the card to ou.so that we can return the card to you. y % ❑Agent ❑Agent ■ Attach this card to the back of the mailpiece,Attach this card to the back of the mailpiece, X ❑Addre: or on the front if space permits. ❑Addressee or on the front if space permits.D. Is delivery address cl event ro 'item 1? ❑Yes . delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 1. Article Addressed to: if YES,enter delivery address below: ❑ No Mr. Jeff Kack Mr. Bret Haggerty 6529 Jackson Creek P.O. Box 10454 Bozeman, MT 59715 3. Servi Type 3. S�erv�i eType Bozeman MT 59719- l!3 Certified Mail ❑ Express Mail ' Certified Mail ❑ Express Mail 0454 ❑ Registered El Registered ❑ Return Receipt for Merchandise I ❑ Return Receipt for Merchar ❑ Insured Mail ❑C.O.D. -- ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 4. Restricted Delivery?(Extra Fee) El Yes 2. A"Number(Copy from s�e label) 2. Article Number(Copy from service label ��� PS F 811,July 1999 EA_ Domestic Return Receipt I 102595-99-M-1789 i PS Form 3811,July 1999 DomestiReturn Recei t� ' 102595-99-M- I 10 ENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I Complete items 1, 2,and 3.Also complete A. Received by(Please Print Clearly) B. D torof eli ry • • COMPLETE SECTION ON item 4 if Restricted Delivery is desired. �jk i� C S�© i ■ Complete iterris 1;2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Deliver I Print your name anti address on the reverse C. Signature i item 4 if Restricted Delivery is desired. ( /j so that we can return the card to you. I I Attach this card to the back of the mailpiece, ❑Agent ■ Print your name and address on the reverse C. Sig or on the front if space permits. X /IJG 1� ❑Addressee so that we can return the card to you. ❑Agent D. Is delivery address different from item 1? ❑Yes j ■ Attach this card to the back of the mailpiece, X Article Addressed to: or on the front if space permits. ❑Addresse If YES,enter delivery address below: ANo j D.4 dUvery add different fro em 1? ❑Yes 1. Article Addressed to: If YES,enter livery addres elow: ❑ No Aniko Reeves Nelson Trust `; Mr. and Mrs. Jerry Cashman Susan Taylor Nelson, Trustee 3. Servlc Type 1V j 252 Estes Lane 315 21 St �1 Certified Mail ❑ Express Mail I Bozeman, MT 59715 3. Service Type 3ozeman, MT 59718 ❑ Registered ❑ Return Receipt for Merchandise I 021�ertified Mail ❑ Express Mail ❑ Insured Mail ❑C.O.D. I ❑ Registered ❑ Return Receipt for chandi: 4. Restricted Delivery?(Extra Fee) ❑Yes ❑ Insured Mail ❑ C.O.D. Article Number(Copy from service label) ! 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) -76 S Form 3811,July 1999 /�_ Domestic turn Receipt V 102595-99-M-1789 PS Form 3811,July 1999 Domestic Return ecei'ttt / /� _ 102595.99-M-17e ',NDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2, and 3.Also complete A. Received by(Please Print Clearly) B. Daty of Delivery • -:COMPLETE THIS SECTION • • ON item 4 if Restricted Delivery is desired. ij/7 �1 s Print your name and address on the reverse . ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) 13 to of Delivei C. Signature IS-1(f) so that we can return the card to you. item 4 if Restricted Delivery is desired. M . ��()A `, Attach this card to the back of the mailpiece, ❑Agent ■ Print your name and address on the reverse �s X ❑Addressee C. Signat re, or on the front if space permits. so that we can return the card to you. ,'�'(: � .0 Agent D. Is d li ery address different from item 1? ❑Yes ■ Attach this card to the back of the mailpiece, �( f f/I Article Addressed to: If YES,enter delivery address below: ❑ No or on the front if space permits. ✓ ❑Addresse D. Is delive address different from it m 1? ❑Yes 1, Article Addressed to: If YES,enter delivery address below: ❑ No illatin Valln3r Goif Assn verside Court Reeves Road Partners t� ' Club 3. service Type 6400 Bostwick Road 00 Spring q1 �.o�J 9�tertified Mail ❑ Express Mail A Dzeal�, 1@,/1 r :9715 El ❑ Return Receipt for Merchandise : Bozeman, MT 59715 3. Service Type ❑ Insured Mail ❑C.O.D. CL7-6e'rtified Mail El Express Mail 4. Restricted Delivery?(Extra Fee) ❑Yes ❑ Registered ❑ Return Receipt for Merchandi; ❑ Insured Mail ❑C.O.D. Article Number(Copy from service label) 4. Restricted Delivery?(Extra Fee) ❑Yes `/ 790 2. Article Number(Copy from service label) t Form 3811,July 199 Domestic Return Receipt O r 102595-99-M-1789 D C/ PS Form 3811,July 1999 -V2 � Domestic Receipt� /��- 102595-99-M-178 -NDER'.COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY _ . 11. Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. a of pelivery ■ Complete Items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Deliver item 4 if Restricted Delivery is desired. ;�- -pp{ ✓" ff �---69 item 4 if Restricted Delivery is desired. ` K►� Print your name and address on the reverse ■ Print your name and address on-the reverse C. Sig t r Si tur so that we can return the card to you. so that we can return the card to you. J / Agent ❑Agent Attach this card to the back of the mailpiece, X 1 _' / ■ Attach this card to the back of the mailpiece, X or on the front if space permits. v ❑Addressee or on the front if space permits. ❑Addresse D. Is delive y* dd different from it m 1? ❑❑ 1. Article Addressed to:Yes D. delivery ddress different from item 1? ❑Yes Article Addressed to: If YES,enter delivery address below: No delivery If nter delive address below: ❑ No rs. Beatrice Taylor Mr.and Mr • -00 Bostwick Road s. Jim Dick A 6 69 Gibson Drive M)zernan T 59715 3. Service Type an MT 3. Servi Type � � yp Bozeman, ivl 59719 �� yp 0,dertified Mail ❑ Express Mail ' E Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Registered ❑ Return Receipt for Merchandis ❑ Insured Mail ❑C.O.D. ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number(Copy from service label) 2. Artie Number(Copy from service label) S B ` 2 � �0,d B l 0 2 q I Form 3811,July 1999 Domestic Return Receifft� ' 102595-99-M-1789 PS Form 3811,July 1999 fij Domestic Return Recei t 102595-99-M-178<. p .4- COMPLETE . . . . . SENDER: . .N COMPLETE THIS SECTION . DELIVERY Complete items 1•,2,and 3.Also complete A. Received py(Please Print Clearly) B. Date of Delivery ■ Complete items 1,2,.and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivei item 4 if Restricted Delivery is desired. r//l t 1 y �/Ir//r r item 4 if Restricted Delivery is desired. Print your name and address on the reverse ■ Print C. Signature your name and address on the reverse so that we can return the card to you. ❑Agent so that we can return the card to you. C. Signature Attach this card to the back of the mailpiece, X Cl-Y._.- ■ Attach this card to the back of the mailpiece, X or on the front if space permits. ❑Addressee gent or on the front if space permits. ❑Addresse D. Is delivery address different from item 1? ❑Yes i i D. Is delivery address diffe m item 17 ❑Yes Article Addressed to: If YES,enter deliveryaddress below: ❑ No 1. Article Addressed to: If YES,enter delivery ad ss low: ❑ No Mr. and Mrs. Harry Mann � Mr. Harold Krislock 1100 Gibson Drive 2615 Fairway Drive s Bozeman I, 3. Service Type Bozeman, I-AT 59715 3. 6ervi Type I , MT 59715 Certified Mail ❑ Express Mail ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise I ❑ Registered ❑ Return Receipt for Merchandis. ElInsured Mail ❑C.O.D. ` :, ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 4. Restricted Delivery?(Extra Fee) ❑Yes A!2 Number(Copy from service label) 2. Article Number(Copy from service label) i d 6 06l 2- z i Form 3811,July 1999 `� DomesticSAeturn Receipt / , ��/ 102595-99-M-1789 PS Fnrni.qR1 1 .Iiily l000 r� n ems.; o .,,. o / --------- .-- SECTIONON DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS ■ Complete items 1,2,and 3.Also complete e iv ��(Pe t ) B. at ery item 4 if Restricted Delivery is desired. Wi `��`���� ��� �� � ��U� ■ Print your name and address on the reverse C. Sigrtgtur so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X � � � v- ❑Adowsee or on the front if space permits. D. s d ivery dress different from item 1? ❑ 1. Article Addressed to: If YES,enter delivery address below: ❑ No ' I Montana Power Company 40 East Broadway .1. 3. Service Type Butte, MT 5970 I LY'Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 1 2. Asticler(Copy D irom cJ service label) � // 7-7 PS Form 3811,July 1999 Domesti� urin Receipt/ -�/x I� 102595-99•M-1789 (/SENDER: COMPLETE THIS C/ SECTION ■ Complete items 1,2,and 3.Also Complete A. Received by(Please lea livery item 4 if Restricted Delivery is desired. r/y) B. Da of ■ Print your name and address on the reverse l so that we can return the card to you. C. Sig, lure ■ Attach this card to the back of the mailpiece, or on the front if space permits. ❑Agent ❑1. Article Addressed to: Addressee d livery address efferent from item 1? ❑Yes If YES,enter delivery address below: ❑No Mrs. Sarrette Perell 29 Kean Drive Bozeman, MT 59715 3. Servic Type �� 12 Certified Mail ❑ Express Mail i ❑ Registered ❑ Return Receipt for Merchandise i ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ?. Article Number(Copy from service label) ❑Yes j t9 l Z Z �— PS Form 3811,July 1999 C� Domestic Return Receipt /` 102595-99-M-1789 --. --- • SECTION ■ Complete items 1,2,acid 3.Also complete 6- Receitved by(Please Print Clearly) B. t of Delivery i item 4 if Restricted Delivery is desired.■ Print your name and address on the reverseso that we can return the card to you. re ■ Attach this card to the back of the mailpiece, �- ❑A gent or on the front if space permits. X ❑Addressee 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,_enter delivery address below: ❑ No i City of Bozeman 411 East Main Bozeman, MT 59715 3. Service Type � •�Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ' ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Articl Number(Copy from service label) 7 PS Form 3811,July 1999 Domestic Return Rece t 102595-99-M-1789 l , COMPLETECOMPLETE THIS SECTION ON DELIVERY • ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) I B. Dat of D��very item 4 if Restricted Delivery is desired. ,. O e�S p l� • // (( i ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X /(� �yy.� ❑Acidradft or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: q No I Ms. Susan Nelson 315 N 21st Bozeman, MT 59718 3. S�ervicp Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) O<S ,� 1�9 j PS Form 3811,July 1999 Domestic Return Rec ipt 102595.99•M-1789 i . and Mrs. Harry Mann ,_, Mr. Kelly Edwin Wood . , ,_, Mr. Harold Krislock Mont na Dept.of Fish, 00 Gibson Drive 10500 218th Avenue 2615 Fairwayive ' ' Ne N.nd Parks g s "37 Bozeman, MT 59715 Y�? .�� L'as- tam r, Redmond, WA 98053 � Bozeman, MT 59715 mEr c13 Er co R... ^ R„_. Postage r�Lr .��\.� ��',l� ;:' 9 $ / `'� � , -„0 Postage $ �U : ✓ p Postage $ � 'ti '� Postage $-0Certified Fee ! Q 1 \`I ti Certified Fee ftl Certified Fee A I ` (nL Certified Fee f (11 1 ! tLJ PostmarkRetum Receipt Fee � o erlt I�+ Retum Receipt Fee Return Receipt Fee Oostmark) Retum Receipt Fee(Endorsement Required) Q / (Endorsement Re uire q d) �U Here ®/ Hererq G��r r� q d) (Endorsement Re uire Q� (Endorsement Required) Q /O Restricted Delivery Fee SA p Restricted Delivery Fee p Restricted Delive Fee �_�p (Endorsement Requred) (Endorsement Re uire ry• s/J p Restricted Delivery FeeC3 q d) 0 (Endorsement Required) si O (Endorsement Required) S t3 Total Postage&Fees $ O Total Postage&Fees .$ O Total Postage&Fees $ O Total Postage&Fees ru ru ru ru "' e ` y ` o �ie/�j�/���si'�1�'�:� `�" 1�� �f e �"F°� '� o ae�ata�ne�L i t ' ; ff?,�ronVli t)� e®'f'P �C o .'�a �' r. ly t 11 ii�l --KQ Q1V1. QQ.- - ��p A �!�l�p A !�[t� 4 �, f P N tfeAt�wia•t�el[)bi1 ox�aJVINE-�Vrb' _______ tNgtf'!q► ox�iLdlJ1Y1-�9Ead-------------•----- •--- tFetrt, k .QfY ®o .FP�fi' vditr-------•------•------Aj- C3 � �° �►►l�NT 89715 � o C3 o �ZEk1�eAN. F���i S97':5� •------- - - - - _-_._... - - O M ,._M-1----59�?15..----------•------. - QZEMAN �E.T__597R.9----------------- ----- -----..... --- - ty,State,ZIP+4 City,State,ZIP+4 City,State,7lP+4 I City,State,ZIP+4 y" PS Form 3800,February 2000 See Reverse for Instructions PS Form 3800,February 2000 See Revei se fGr Instructions PS Form 3800,Februar rrr See Reverse for Instructions I Mr. and Mrs. Peter Bade Mr.and Mrs. Jim Dick ' 4 Mr. Jeff Kack I Mr. Britt Miller � M P.O. Box 1624 69 Gibson Drive 6529 Jackson Creek Miller.Land Company r- Bozeman, MT 59715 _ Bozeman MT 59719 i Bozeman, MT 59715 o P.O. Box 531Ln � 117 ca ;� ca Billings, MT 59103 -D pZF Mq,t�;' F M .0 F Me —0 .0 Postage Postage $ Q/ ,,p Postage $ Postage $ %. 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Q: � Certified Fee sP �s, �' I tl l Certified Fee 411 nj Certified Fee fi l Certified Fee A� Postmark!,v y� S (f1J ( y� 9,� tm r Return Receipt Fee �QQ Here � Postmark4 Postmark; Return (Endorsement Required) (�S�C6 Return Receipt Fee �QQy Here V I S dorsement ReReturn RecpuFree \ �Qi/ Hare ` (Endorsement Requred) Here t 7 ti (Endorsement Required) �i / I q G f � rq p Restricted Delivery Fee AS r-� SA g I p Restricted Delivery Fee ip O Delivery I3 (Endorsement Required) p Restricted Delivery Fee S Endorsement Required) S (Endorsement lRegwred) \- I� (Endorsement Required) I O ( q � S � Total Postage&Fees � A C3 L$ Total Postage&Fees �ppp ��� Wpap I Total Postage&Fees Total Postage&Fees ��� �p S' u7 6@RtPlEfl C Nh i 7 V t 7 f L"0 i�f eV r�'1�E I�7 C3 ru RerjP $ ; r 1 �N in Cr L/ilr 1.1_SAL.MAIf�I,s _�3DIIM:200• - _ o J o �e.� 6 t ��"Y�° . ru o '11�1 T I i � �.. y1tr. � o �N1 ��0-------•-------- - W V-7 2 ft----------------------- � �� "�9715 f s° o o �' i41T �` ,� ;gip __�---------------- , AWN ----- ------ ------- ------ o �IVIZC T 59715 1 o C ► 'P ------------------------- Q7_EMAN --------... o MT 597�5 0 15 t- Clfg State,Z1P+4 J J� CO State,"ZIP+4 a•--•••-----. .._ State,ZIP+4 city, - e, -- C3 City, J 0 Clty,State,ZIP+4 :rr rrr I� I in on 7 Mr.rr rrr ! PS Form 3800,February 2000 See Reverse for Instructions iPS Form 3800,February2000',' Vp-, r. Bret Haggerty j Anil�o Reeves P�TFEson `Trust V ; . Box 10454 �-� ' � IVtr. lZo er Kirkusan Taylor�t,"son, Trustee I � g .-. Mr. and Mrs. John Beyer 31:5 N 2151 St ErBozeman, MT 59719- P.O. Box 1136 J 848 Stonegate ' Bozeman, MT 59713 Ir 0454 I rrn Bozeman, MT 59771- r, Bozeman, MT 59715 I -0 !.m �ZF-M— ,Ir 1136 'C3 Postage $ t=r� �0 Postage $ Postage $ Certified Fee \�� fU Certified Fee ' ' ,0 Postage $ _..`•�l' `. ru ru � re Retum Receipt Fee Oo..tmark i Certified Fee �� /') i• Retum Receipt Fee ! ,� fL Certified Fee /- (Endorsement Requ red) � (Endorsement Required) �QQ Here >8ost ark I 1 ,f1J /f V Return Receipt Fee �� Here J� p Restricted Delivery Fee �QQ1 p Restricted Delivery Fee S (Endorsement Required) G r� I� Return Receipt Fee Pbstmark4= O (Endorsement Required) (iS�� O (Endorsement Required) :r \S+` l / (Endorsement Required) �Q Here t I S O Restricted Delivery Fee \ `��� s Total Postage&Fees \s Total Postage&Fees I p (Endorsement Required) S O Restricted Delivery Fee 61 Q/ g (Endorsement Required) s ru ru Total Postage&Fees $ Total Postage&Fees s AS e t m / e Pr! t Clearly (To be com lefed b mslier) Lr) e t e e le b C3 �p i,cLpt��.xf lR lt��6�N Ty��(�c;ir�j�� N N l'!T"OVA E p �1/�p A eg (Pt d In C ea y o e comp by mai ru N04G OFFICE rU O NV{r9aF WPl•11Ki-�(�!M' -ROOM' Ldl® e ---- -$ -- °'ai�-f:fRt+_f'-2-Q�---- .... ------ C3 LJ") / t 1irlgt rl e�e��yy� f I tS� @1►N� �_ a_ AINy----Boom 2 --- ----•------- C3 b+� c eye OZE&IAi�l,.Jall --59 ----------------------- _ - --- . _: _. :, 597i5 11--W- AI - R -0M--2QQ---------------------- y ----- ---•-•. o �f I ; "�97i� _ o �"� i�; IVrT 5.9715 City Sta O city, ZIP+4 O City,State,ZIP+4 r •..... ...... L 71 O City,State,ZIP+4 :rr rrr :rr rrr to IP+4_ r,• � Clty State,Z \ :rr February 2000 See Reverse for Instructions. :rr rrr - Montana Rail Link Ci. of Bozeman M A l:ept.of Transportation - . ._. ._. F- nm William Mowen slo Mr. Douce Moeller 111 SW Columbia Street •' 411 Fast Main '-'b Cc Suite 1200 East Griffin Drive, #19 P.O. lox 1110 Ir Bozeman, MT 59715 Bozeman, MT 59715 -� Portland, OR 97201-58�13 , 7 Bozeman., M'I 59771-i 11�t �°-LEr. �� � co lli Postage $ Postage $ \ .0 ru Postage $ '�� �1). Postage $ �On Certified Feeru .�..- Certified Fee 1 /�' [7 x Postman cn Return Receipt Fee r,R tm� Certified Fee �/�a '�� `� Return Receipt Fee X_ 1«•' 1 � Certified Fee �,c (Endorsement Required) Here V /� v I Ill Pbs ark •.• DD Here V Retum Receipt Fee Here (Endorsement Required) �a �i\ f D �. Return Receipt Fee Here •S � p Restricted Delivery Fee G Df (b I �" (Endorsement Required) ?� � S (Endorsement Required) Restricted Delivery Fee A p (Endorsement Required) tS SA I7 Restricted Delivery Fee �_ rl DO C! (Endorsement Required) Total Postage&Fees .� p q S (Endorsement Required) �/ � Restricted Delivery Fee G Total Postage&Fees $ C3 S� (Endorsement Required) s ru Total Postage&Fees S � � AS �r�� }� � l p Total Postage&Fee I l &YL/r�pVerjkJ( !(�� p �[11 � �[ ) om /etedObymal/er) ru ) let ru IrI� Ir urrrf - C �111fSG Ln �p� p� !T"�l�'�A�1r11� F1� �n �' �{`4�"S 311 w-MA - - - ------ ----- Of 1 o /vr1�l1z�QQ �Oi3----------------- FFIC ' 0 3.1._1._l�[.__M_ t r �t pq �30i1� p---•--------------- -- -- -- -- n _ o�.?� �. p�y ��h�'gj[�pvXy q plt/�q�Q� �,s� ----- ,`•1N, IVY 7 5 I r IYI Y - OeZi IVIF'��d`Bo' tits►��--2•®0--------------------- -------- 5tF3�Z�t11?�°A7.1�._._._..- ; o ® �11AN, 59715 0 �^+ eW a. 59715 59715 M1 C/tY,State,ZIP+4 ------------- O� . City State,ZIP+4 I C3 ----________ ----- p City:State,ZIP+4 • :r r r, r O City,State,ZIP+4 err :rr rrr � - :rr rrr i Mr. and Mrs. Jerry Cashman . . FoF Inc. Gallatin Valley Golf'Assn . . ,. Mr. and Mrs John Abernathy0 Sunny Hillside Lane • • -Riverside Country Club -PO Box 397 252 Estes Lary: 77 Y Bozeman, MT 59%15 �, Bozeman, MT 59715 2500 Springhill Road Atkinson, NH 03811 rq M Bozeman, MT 597157! Postage $ Q '.� �..•. .A Postage $ '7 G F J -0 Postage $ Q ---� � .0 Postage $ Z �'/J fil �/� �1 ru Certified Fee Qi • •^ � Z%- � ru Certified Fee Certified Fee t ru Certified Fee ��,. ru PO/Z rk ''' Return Receipt Fee Return Receipt Fee Here Return Receipt Fes ;..: �Postm Return Receipt Fee � re rr"/7 V q Here (Endorsement Required) Here ? (Endorsement Required) (Endorsement Required) \[Dj (Endorsement Required) D V (E fl cC I♦ �/ O Restricted Delivery Fee $� f r-R Restricted DeliveryFee A �g ry �tiOf � ( A p Restricted Delivery Fee D . S\ O Restricted Delivery Fee Cb; Endorsement Required) Endorsement Required) G D) (Endorsement Required) S 0 (Endorsement Required) (j / S p ( 1 �A Total Postage&Fees i S Total Postage&Fees $ Total Postage&Fees S C3 C3 Total Postage&Fees AS IL ru Ln RecljA t's q y, Q( p/ p� I ti p p �p�py�p o a "L i 1' `r 'y �h�rl tt�f�t°1 -ALTI 'ZOUNTY� rL./�1IWIYueV °i�ig ! `^ HL`L/OI 1P1e�+C �IV 1 i1el L'A[�if�l���E n-U,2Q0---------•----- -- --- 7�7l - -��t + o / uf — --- ------• O •IWA 8�1��P/vlY1 ZQQ--------------------- �e*4/rN 9x�Q�IYI 28Q-- --._..--- -- -- er _EMaN,_MT 59715 N, -- . ........_..-•----_... o BQZEMAN�_MT_.59715--------------OZ EMA-. MT__52_7.1_ o -cP+�'--- ----------- City,State,ZIP+4 City,State,ZIP+4 / f�- City,State,ZIP+4 Iti �/ Iti .rr :rr rr Montana Power Compan I Y Mrs. Beatrice Taylor Y ' Gen. and Mrs. Robert Mathis Susan Taylor Nelson Trust 4Q East Broadway •-• � 2435 Fairway Drive '•' 1045 Reeves Road East . . 6400 Bostwick Road �- Bozeman, MT 59715 �, Bozeman, MT 59715 Bozeman, MrI' S9F/15 Butte, MT 59701 Ln L Cc N � _ _ -.o -O z�nA a -° rp Postage $ C F 4.,:, �p Postage $ P- �\ of Postage $ �M1 Postage $ "- L .0 ly f1J U�jrk tfl.l0 ru Certified FeeCertified Fee ,� Certified Feeru Certified Fee I Pos D P V Retum Receipt Fee 4Here ark RetumReceipt Fee D (Endorsement Required) Retum Recei t Fee - S Resem Receipt Fee r�p re (Endorsement Required) (Endorsement Required) G f(Endorsement Required) // �l r R ra spRestricted Delivery FeeRestricted Delivery Fee O Restricted Delivery Fee p Restricted Delivery FeeG . (Endorsement Required) (Endorsement Required) S p (Endorsement Required) S(Endorsement Required) 'S8 $ SSTotal Posta e&Fees Total Postage&Fees Total Postage&Fees ��__ O g C Total Postage&Fees fU LLnFICPlty,��Sta m lease Print Clearly)(To be completed by maller) Lr) 1 t 1 ru nj ui7 RgripleQ ' 101ert� � rl RUG Wagc a e E3 BOUNTY PLANNING_S? 1 E----- M o IV OM ---- 1.1__V71__MAIN __ROA1 -204- t .1t�#;t?o :1-1__ __MAIM ------ AIIT = I o 59715 (� (101A�V (� .....r /�State,z ------ ----- - / O + l�-------- �� ---- Clry State,ZIP+4 lty,State,ZIP+4 n y t 1. Ms. Susan Nelsonr4l Craig Ramsey 315 N•21st ' ' MT 5971 9 1 Paddock.Lane m Bozeman, Excelsior, MN 55331 o -07! CO F -0 Postage $ —0 / �� ' `D Postage $ l �� / fu Certified Fee f / �' nj Certified Fee � _ OstmarkI ' Postmark' Return Receipt Fee 4\ Here re I I! ` ? l � (Endorsement Required) `,`�� „ / Return Receipt Fee Of�� i (Endorsement Required) s Q� C3 Restricted Delivery Fee S S (Endorsement Required) A p Restricted Delivery Fee A O S r3 (Endorsement Required) Total Postage&Fees Total Postage&Fees ru Ln AR ClPigjgl� / t Y fl I ly 1.i..��1f(�..�MvA,IN�,p�RdQ�AA:. QQ - ..... . . o #� �E ARec f'm ------- o V2GI►►AWjP�+►!� a59715 ft�l'200 -- - a .... - . J• O hN I� .....................................- - -- - o Z 15.----------- _-.... O Clty,State,'ZIP+4 S '" - O city,State,ZIP+4 :00 February 2000 Mrs. Sarrette Perell Reeves Road Partners '• 29 Kean Drive 6400 Bostwick Road Bozeman, MT 59715 Bozeman, MT 597157� CO cc � Postage $ / -� Postage $ F^v1 i f1J Certified Fee I postmark j ru Certified Fee ( ! ru Return Receipt Fee ` �n Here ! Return Receipt Fee ` Postmark (Endorsement Required) (Endorsement Required) ` ?� Here v) GS Restricted Delivery Fee ps O Restricted Delivery Fee �i ���� C3 (Endorsement Required) p (Endorsement Required) Sip Total Postage&Fees E Total Postage&Fees $ S RgCi lert�trSi(Y�i V lJ 1 T Ir' rI IMQi�I IIM ru V f 1 0 e _ pn tIr'L�Ytl9!!�(tl�1t6JP alley �' Bd>r1Yd� t. + ofl �16MiT .59 ................- --, I ; M:� 59.715 o city state,-zip+4 O C/ty State,ZIP+4- :�� off p February 1, 2001 •� •'' r WPOA LOT OWNERS Mr. and Mrs. Peter Bade Mr. Harold Krislock P.O. Box 1624 2615 Fairway Drive ,- Bozeman, MT 59715 Bozeman, MT 59715 1 i 585-8812 586-7972 Mr. and Mrs. John Beyer Mr. and Mrs. Harry Mann 848 Stonegate 1100 Gibson Drive < Bozeman, MT 59715 Bozeman, MT 59715 ' 586-1197 582-8213 w 585- 5366 Miller Land Company Mr.and Mrs. Jim Dick P.O. Box 531 69 Gibson Drive Billings, MT 59103 Bozeman, MT 59719 252-0166 582-8449 �J Mr. William Mowen �. Mr. Bret Haggerty 315 East Griffin Drive, #19 P.O. Box 10454 Bozeman, MT 59715 =A Bozeman, MT 59719-0454 586-6497 586-8734 cell 580-8734 I fax 582-8777 Ms. Susan Nelson 315 N 21st J Bozeman, MT 59718 j Mr. Jeff Kack 587-1275 6529 Jackson Creek Bozeman, MT 59715 585-9833 Mr. Craig Ramsey .� 4111 Paddock Lane Excelsior, MN 55331 r` Mr. Roger Kirk 952-401-1364 P.O. Box 1136 Bozeman, MT 59771-1136 -` 585-1314 / . cell 580-2028 fax 587-0056 February 1, 2001 • •' i Reeves Road Partners 6400 Bostwick Road Bozeman, MT 59715 587-3269 � 1 Mrs. Beatrice Taylor 6400 Bostwick Road Bozeman, MT 59715 587-3269 r,I fax 587-3272 �. Mr. Kelly Edwin Wood 10500 218th Avenue i-j Redmond, WA 98053 �.� 425-836-3382 fi I !_J J l I lJ i �r CERTIFICATION OF ADJOINING PROPERTY OWNERS LIST j J I, Beatrice R. Taylor ,APPLICANT (PRINT YOUR NAME OF THE ATTACHED PROPOSAL,HEREBY CERTIFY THAT,TO THE BEST OF t MY KNOWLEDGE,THE ATTACHED NAME AND ADDRESS LIST OF ALL ADJOINING PROPERTY OWNERS OF RECORD AND EACH PURCHASER r9-n�l�G�Nr UNDER CONTRACT FOR DEED OF PROPERTY j I THE PROPERTY LOCATED AT W a l k e r Property Subdivision r, (ADDRESS AND/OR LEGAL DESCRIPTION ` I Tract 1 COS 1498 , Tract 2 U3 , Portion of Tracts 1 & 4 of COS 1498 B IS A TRUE AND ACCURATE LIST OF NAMES FROM THE GALLATIN COUNTY CLERK AND RECORDER RECORDS AND MAILING ADDRESSES FROM THE ;t GALLATIN COUNTY ASSESSOR RECORDS. I FURTHER UNDERSTAND THAT AN INACCURATE LIST MAY DELAY REVIEW OF THE PROJECT. r.I 2) "Zb I 1 SIGNATURE DATE I { �J F:\PLNG\LANETTE\CRTADJPO.DOC 7-11-96 � i �I I I. -J I I ` Mr. and Mrs. Peter Bade Mr. William Mowen 11k Montana Power Company P.O. Box 1624 // ( 315 East Griffin Drive, 19 40 East Broadway Bozeman, MT 505 Bozeman, MT.59715 / Butte, MT 59701 Mr. and Mrs. Jo Beyer Ms. Susan Nelson Gen. and Mrs. Robert athis 84$ Stonegate 1- 315 N 21st 2435 Fairway Drive Bozeman, MT 59 15 Bozeman, MT 59718 Bozeman, MT 59715 /A4r-and Mrs. Jim Dick //oWvMrs. Sarrette Perell FC, Inc. 69 Gibson Drive 29 Kean Drive 5800 Sunn Hillside Lane Bozeman, MT 59719 Bozeman, MT 59715 Bozeman, T 59715 AkMr. Bret Haggerty Mr. Craig Ramsey 1j Susan Taylor Nelson Trqs P.O. Box 10454 4111 Paddock Laneq/1 1045 Reeves Road East I Bozeman, MT 59719- Excelsior, MN 55331 Bozeman, MT 59715 . JJ 0454 Mr. Jeff Kack �Reeves Road Partners Mr. and Mrs John 4bernathy 6529 Jackson Creek �6400 Bostwick Road PO Box 397 1 Bozeman MT Atkinson NH A r 59715 Bozeman, MT 59715 , Mr. Roger Kirk �/%rs. Beatrice Taylor P.O. Box 1136 �� 6400 Bostwick Road Bozeman, MT 59771- Bozeman, MT 59715 1136 q1, OjMr. Harold Krislock I /A niko Reeves Nelson Trust ydlCity of Bozeman 2615 FairwayDrive Susan Taylor Nelson Trustee 411 East Main Y Bozeman, MT 59715 315 N 211` St Bozeman, MT 59 715 Bozeman, MT 59718 `l r Mr. and Mrs. H Manny /Gallatin Valley Golf Assn Montana Rail Link 1 3 1100 Gibson Drive Riverside Country Club 111 SW Columbia Street Bozeman, MT 59715 2500 Springhill Road Suite 1200 Bozeman, MT 59 715 Portland, OR 97201-5843 Mr. Britt Miller"1 (� ��//Mr. and Mrs. Jerry Cashman . MT Dept.of Transportation Miller Land Com any 252 Estes Lane c/o Mr. Doug Moeller P.O. Box 531 Bozeman, MT 59715 P.O. Box 1110 Billings, MT 59103 Bozeman, M'T 59771-i 1 0 Mr. Kelly Edwin Wo d Montana Dept of Fish, 10500 218th Avenue Wi l.fe anal p�,,,X s Redmond, WA 98053 1420 Fast Helena, p yam, M---: i ..5 ' Ic.Au.,,r�NCo ! 4 f� s � y41 OF MoPP d GALLATIN COUNTY PROPERTY OWNERS -- ADJOINING PROPERTY LINE Property Owner Mailing Address Legal Description �.� 1• Mr _ and Mrs _ Peter Bade P. O. Box 1624 , BZN,MT 59715 WPOA B2 , L3 r� 2. Mr . & Mrs . John Beyer 848 Stonegate , BZN, MT 59715 WPOA B2 , L2 1--) 3. Mr . & Mrs . Jim Dick 69 Gibson Dr . , BZN, MT 59719 WPOA B1 , L6 r 4• Mr . Bret Haggerty P. O. Box 10454 , BZN, MT 59719 WPOA B4 , L2 A l.� ( 5• MY. Jeff Kack 6529 Jackson Creek , BZN, MT 59715 WPOA B2 , L1 _16. Mr . Roger Kirk P. O. Box 1136 , BZN, MT 59771-1136 WPOA B1 , L2 , L3 , L9 7• Mr . Harold Krislock 2615 Fairway Dr . , BZN, MT 59715 WPOA B5 , L3 8: Mr . & Mrs . Harry Mann 1100 Gibson Dr . ,, BZN, MT 59715 WPOA B1 , L8 j ; 9• Miller Land Co . P. O. Box 531 , Billings , MT 59103 WPOA B3 , L1A -� #19 10. Mr _ William Mowen 315 East Griffin Dr . , BZN, MT 59715 WPOA B4 , L1A1 11. Ms . Susan Nelson 315 N 21st , BZN, MT 59718 WPOA B1 , L4 , L10 12• Mrs . Sarrette Perell 29 Kean Dr . , BZN, MT 59715 WPOA B1 , L2 4 t-j 13. WPOA Mr . Craig Ramsey 4111 Paddock Lane , Excelsior , MN 55331 B1 , L5 ' i 14. Reeves Road Partners 6400 Bostwick Rd. , BZN, MT 59715 WPOA B5 , L1 15. Mrs . Beatrice Taylor 6400 Bostwick Rd . , BZN, MT 59715 WPOA B4 , L3A l� WPOA B6 , L1A 1.40A 95 ,-- 2 16• Mr _ Kelly Edwin Wood 10500 218th Ave . , Redmond , WA 98053 WPOA B1 , L7 17• Aniko Reeves Nelson Trust 315 N 21st . BZN MT 59718 Lot 3 Minor Sub 147 Cos 1498 C j 1.6. Gallatin Golf Assn Riverside Country Club 2500 Springhill Dr . NE 1/4 , Bozeman , MT 59715 Sec 26 , T1 , R 19, Mr . & Mrs . Jerry Cashman 252 Estes Lane , BZN, MT 59715 B3 , Bogart , Sub 2 t E\ping\formslproperty owner adjoining.doc I ; Planning Department 311 West Main, # 200 Bozem an, MT 59715 of GAw ! 5, . yhh 7wB OF MO�,.dr� 1 GALLATIN COUNTY r 'I PROPERTY OWNERS -- ADJOINING PROPERTY LINE Property Owner Mailing Address Legal Description 26.. Montana Dept of Fish Wildlife & Parks 1420 East 6th Ave WP Snh R1 _ 1.1 Helena, MT 59620 � i ;Z1'. Montana Power Co . 40 East Broadway Butte . MT 59701 SW 1 /4 , NF 11/4 , SEC 26 , T1 , R5E IJ 2.2. Gen . & Mrs . Robert Mathis 2435 Fairway—Dr - , BZN, MT SA71S Trart S , ,5 j � Cos 1.498 A 1 . 2-3• FC , Inc 5800 Sunny_ Hi 1 1 si de T anP , R.7N, MT 59715 Tracts 1 -4 - .6 - 7 _ 9-1 1 COS 1498 A J ` f j z4• Susan Taylor Nelson Trust 1045 Reeves Rd F . RM, MT 5471 S T nt i , mi-nnr I. Sub 147 Cos 14QR r Mr . & Mrs John Abernathy PO Box 397 -Atkinsnn , NH n3R11 T.nt 2 , minor-cut 147 , Cos 1498 C I City of Bozeman 411 East Main BZN MT 59715 NW 1 /4 . NE 1 /4 _ Ser 20 T1 , R5E Montana Rail Link 111 SW Columbia Street Portland , OR 97201 - 5943 S205 I � ( � 22. MT Dept . of Trans ortaion c "i 597 1-111( S205 � J !l 4 i f:\ping\forms\property owner adjoining.doc Planning Department • 311 West Main, # 200 • Bozeman, MT 59715 / o 0 a o - - 0 o O O \ j�. -711 _ I � I .. .._.._. .. \,1\ WALKER PROPERTY - .mil � / ■v / I I I •� BOZEMAN,MONTANA M/QVER PLAN . r / // `�) / � ■ I. �./ 1 \ � C�-I r`.`/ 1 OWNER: REEVES TAYLOREN'f'ERPRISBS , fSAND L/SE SUMMARY BOZEMAN,MONTANA TOTAL ACRES 1_18.23 loo% PLANNER: - /n/ \ I 1 off \ 'RES/DEN7JAL 2 711 : ZJ' M.A.VON HAUSEN&ASSOCIATES 5��-( / // -- \ \•' I 4 \ •OFF/GE -z 12y p/ \ •'' ' / d ",?ETA/L 5.75 8% DATE: MARCH 21;.1991 ��� /� •RaaowAYs 20.28 17% • © I ,' / SCALE: 1"=100' IIII /RES/DEIYTJ'A ©Qo ; -1 - OPE/JSP.4GE 47.71 40 NORTH 0 50 IN m GW PFFIWAW O f ; -1 II e oPEw s�ce o- O O ,BETA/L CENTER ♦ � �, `.. ' o+ ® \ � `: OPEN SPADE \ ,• i i `�\\\�` \%gip s 1 ++ � � �) lk \ \ \ ' I is � \\ \\ \�\ � ��• \\..-� �` -\ �>� �� 64KrTy. / �'j"1nn"Q b-; 0 0 0 0 0 0 0