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HomeMy WebLinkAbout638300220357014300) #P-9019 `Y' 11-15-90 COLLEGE PARK PROFESSIONAL - -- --- I CENTER EAST Subdivision Minor PUD West College Street Jim Kack, Applicant �CD co E I i 1 I City of Bozeman 01358 u Regjipt. O d Bozeman, Montana 19 Received of P S i the sum of 10 7 i! S� 0 Dollars for - - By �1) d,t)ision ev i p i PROJECT ACTIVITY LOGS BOZEMAN CITY-COUNTY PLANNING OFFICE Project Name L File No. STAFF STAFF CUMULATIVE DATE ACTIVITY PERSON HOURS STAFF TIME GN 1 BOZEMAN CITY-COU PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 MEMORANDUM TO: GALLATIN COUNTY CLERK AND RECORDER' S OFFICE FROM : DEBBIE ARKELL, ASSOCIATE PLANNER ,- DATE: MAY 8 , 1992 RE: FILING OF WAIVERS OF RIGHT TO PROTEST ------------------------------------------------------------------ Enclosed please find the following Waivers of Right to Protest SIDs which we would like to have filed : 1 . Public Water Main System - 704 N. Church ( Z-91156 ) 2 . North Church and Cottonwood Street Improvements - 704 N. Church ( Z-91156 ) 3 .In-s-tallation of Traffic Control Device at S . 19th & College 1 9019 � Please record and file these documents , return the originals to our office , and bill the City of Bozeman for the filing fees . Please call me at 586-3321 , Ext . 227 should you have any questions . • I i i WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR INSTALLATION_OF A TRAFFIC CONTROL DEVISE AT THE INTERSECTION OF SOUTH 19TH AVENUE AND COLLEGE STREET WE, as the undersigned owners of the real property situated 6 = in the County of Gallatin , State of Montana, and more y E - particular) r ' described as follows: k : The Amended Plat of College Park Professional � ! r Center - East (a P. U. D. ) , located in the SW 1 /4 of F : Section 12 , T2S, R6E , P.M.M. , City of Bozeman , E Montana, and more commonly known as 1711 West College Street IN CONSIDERATION of receiving Preliminary Plat approval of a Minor Subdivision P. U . D. to create three building sites on the above-referenced property from the City of Bozeman , along with accompanying rights and privileges and for other and valuable consideration , the receipt of which is hereby acknowledged, in recognition of the traffic g impacts that will be generated by the development of the above-described property , have waived and do hereby for ourselves , our heirs, personal representatives, i successors and assigns , waive the right to protest the creation of one or more special improvement districts for the installation of a traffic control device at the intersection of South 19th Avenue and College Street, or to make any written protest against the proposed work or against the extent or creation of the district to be assessed in response to a duly passed resolution of intention k! I to create one or more special improvement districts which would i include the above-described property . The waiver will be exercised k when future traffic counts demonstrate a signal in this area is needed, and participation in said SID will be limited to a prorata share based on the findings of an independent traffic impact study. -This waiver shall be a covenant running with the land and shall not expire. r E P r. k� f. 2/3 . . . Waiver of Right to Protest Creation of Special Improvement District for Signalization at South 19th and College James W. Kack , etal I tl We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. DATED this .0 day of 1990. Jame ack JoanrY6 Bee Kack eJohcKenn4, Jr. � Patricia McKenna �) STATE OF MONTANA ) r ss County of Gallatin ) On this 5OL4_ day of ( o^ 1990 , before me, a Notary Public for the State of�Montana, personally appeared JAMES W. KACK known to me to be one of the persons who signed the foregoing Waiver of Protest , and acknowledged to me that he executed the same. IN WITNESS WHEREOF , I have hereunto set my hand and set my seal the day and year first above written. Notary Public for State of Montana Residing: Commission E pi res: STATE OF MONTANA ) ss County of Gallatin ) On this day of 1990, before me, a Notary Public for the State of Montana, personally appeared JOANNE BEE KACK , known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that she executed the same . IN WITNESS WHEREOF , I have hereunto set my hand and set my seal the day and year first above written. Notary Public for State of Montana Residing: Commission 9 ar 3/3 . . . Waiver of Right to Protest Creation of Special Improvement District for Signalization at South 19th and College James W. Kack , etal STATE OF MONTANA ) ss County of Gallatin ) On th i s 30 day of ��/� � 1990 , before me, a Notary Public for the State of Montana,. personally appeared JOHN J . MCKENNA, JR. , known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. 4i ��, 6' Notary Publi14 for State of Montana � -Res i d.i ng: Commission Ex res: •�-79a STATE OF: MONTANA ) ss County of Gallatin ) On this oZ�- day of 1990, before me, a Notary Public for the State of Montana, personally appeared PATRICIA MCKENNA, known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. Notary Public or State of Montana Residing: >_"Y_� a es Commission Exp : � , y �t LAND USE DEVELOPMENT GUIDELINES FOR - COLLEGE PARK PROFESSIONAL CENTER - East - (As AMENDED November 15, 1990) Submitted by: . James W. Kack 6531 Jackson Creek Roadr� � (406) 587-9488 `z- $� , IA7G DIRECT6 _- Originally filed and approved by City of Bozeman January 4, 1988 TABLE OF CONTENTS LAND 'USE DEVELOPMENT GUIDELINES FOR COLLEGE PARK PROFESSIONAL CENTER-East Section I Intent Section II. Legal Description Section III Permitted-. Uses Section IV Review and Approval Process A. Specific Submittal -Procedures B. Institutional Review Process Section V General Considerations - Master Plan Submittal A. 'S-ite Plan Review B.' Building Permit Procedure Section VI Design Theme A. Design considerations desired S. Design considerations not allowed C. Site plan considerations to be met D. Signage E. Landscaping Section-VII Exhibits: A i•�;,:�Legal Description B - Site Plan C* - Declaration and Bylaws of CPPC-East D - Landscape Plan E Architectual designs/examples F - Improvements Agreement with City of Bozeman LAND USE DEVELOPMENT GUIDELINES FOR COLLEGE PARK PROFESSIONAL CENTER - EAST INTENT: It is the intent of these guidelines to supplement the Bozeman Zoning Code, and the protective covenants as outlined in the Declaration and By-Laws of College Park Professional Center-East property owners association. These guidelines offer design criteria for all" aspects of the engineering, construction, landscaping, signage, and other site improvements. College Park Professional Center-East (CPPC-East) is designed to be a number of office buildings situated in a park-li.ke setting. The. PUD project is designed to promote maximum flexibility in land utilization so as to facilitate the provision of more desirable, aesthetic use of open space. Each building will house one or more business or professional firms who may either lease, or own, their iinitv:t. All owners will be members of a non-profit corporation, or association which will own and maintain all common areas (Declaration and By-Laws attached herewith as Exhibit C) . The owners or leasees of each building within the park should familiarize themselves with the intent and requirements of these guidelines and all applicable governmental codes and regulations. They should implement , through their architects, all those provisions applicable to their specific site development. This will allow expeditious completion of the design review process described herein. Engineering drawings, photos and sketches herewith outline the concept and theme-of the project. Each building site will be prepared by the owner or owners thereof, who will be responsible for installation of all utilities, drainage, landscaping, parking, curb and gutter, sidewalks exterior (common area) lighting as per the CP.PC-East Master Plan as amended November, 1990. Building owners/builders will also be responsible for complying with all applicable city and county building regulations, and for compliance with these guidelines. Thus, these guidelines are designed to outline in as much detail as is practical, all aspects of design and construction of CPPC-East. 1 LEGAL DESCRIPTION: These guidelines for College Park Professional Center-East apply to the following described real estate situated in Gallatin County, Montana to-wit: AMENDED PLAT OF COLLEGE PARK PROFESSIONAL CENTER - EAST (A P.U.D. ) Located in SWJ Sec. 12 Twsp. 2S R5E PMM City of Bozeman Gallatin County Montana (Exhibit A) PERMITTED USES: College Park Professional Center - East is within an R-0 district, and will be for the construction of business and professional offices , accessory uses, signage ( as outlined herein) and temporary buildings for and during construction. The .following uses are permitted in R-0 districts, but will be prohibited in these land development guidelines: 1. Apartments and multi-family dwellings 2. Churches 3. Efficiency Units 4. Fire Stations . .REVIEW AND APPROVAL PROCESS: All developmental plans for the project must be reviewed and approved as per the Bozeman Zoning Code for Planned Unit Development, via Planned Unit Summary and Review Approval Procedure. All construction plans must also be reviewed and approved per the Declaration and By-Laws of CPPC-East. Specific Submittal Procedures: All planned improvements or modifications of site or common areas must be submitted to the Architectual Committee of CPPC-East for approval in accordance with Article XVI of the CPPC-East By-Laws. (copy attached) Institutional Review Process: In the course of designing buildings for construction within CPPC-East various reviews and approvals will be required. The following summary of the City of Bozeman and other review and approval processes is included to assist individual,.builders in understanding the approximate nature and sequence of those reviews. An understanding of the total review process from the outset will contribute to smoother and more efficient processing of each proposed building. 2 GENERAL' CONSIDERATIONS - MASTER PLAN SUBMITTAL: . 1:' Schematic layout of all proposed buildings and structures, traffic circulation and parking'.areas. 2. Phasing plan, if applicable, describing phasing of the total ...;.:master plan development, illustrating the approximation of development and completion of each phase. 3., Engineeririg considerations: a: proposed grading and drainage. b. proposed utilities layout (water, sanitary sewer, storm drainage, electrical,. and telephone services, etc. . 4. Circulation and parking considerations: a. configuration of parking and vehicular circulation. b. Dimiens.ions.of 'parking stalls and driving lanes. c: total parking :provided. d: 'provision for' delivery zones. e. calculation demonstrating total parking required for maximum floor. space development. 5. Arehitectu`al Considerations': a. building.-footprints.. 'b. overhangs: c. gross (possible). floor area. d. descriptions or sketches of the architectual design concept including intended character and materials. 6. Landscaping considerations: a. concept planing plan. b. proposed landscape grading and drainage plan. c. illustration of total site coverage as a function of net lot area to building ground contact area. It should ,be noted that the developer of CPPC-East is co-operating with the adjacent landowner-to the west, Dr. P. Brian Rogers, to maximize the aesthetics, and land utilization, of the two properties. Although Dr. Rogers property 'is NOT a part of "CPPC- ;AST" kthus, our designation of "east" . . so as not.to misconstrue ownership in the event the public comes to know the both properties as ''.'College Park Professional Center") - . . . a reciprocal easement exists on the boundary line for mutual ingress-egress. A visit to the area will confirm that the original facilities and structures as proposed in 1984 were built as per that plan and the attached (updated) .Site Plan (Exhibit' B). 3 Site Plan Review: 1. Submission: Submit 3 copies of the site plan and related data to: ' Bozeman Planning Office P.O. Box 640 Bozeman, MT 59715 2. Review Process: a. The planning staff encourages the applicant to meet informally with them prior to official plan submission. b. The planning staff will check the plan for compliance with the Development Guidelines for CPPC-East as well as City of Bozeman Zoning Regulations. c. The planning board has fifteen days to complete their review. d. Following staff review, the plans may go to the City Commission for their review. e. If the plan meets the regulations, then "conditional approval" is granted by the planning staff. 3. Revisions: The applicant has up to six months to respond to comments on the plan made by the planning staff. After that time the applicant would have to resubmit the application. 4. Final Submission: a. Submit three site plans to the planning staff with conditions met. b. The planning staff will prepare an "Estimated Cost for Improvements" form. c. If all conditions are met in the final site plan, enter into an "Improvements Agreement" with the City of Bozeman. This step requires three to four days. d. After Agreement has been signed, the planning staff signs the final site plan and forwards them to the Building Department. e. Applicant has eighteen months to complete the project following the signing of the "Improvements Agreement". f. If occupancy occurs prior to completion of all site improvements the applicant must provide the city with a Letter of Credit for no less than 1i times the value of the remaining improvements. 4 Building Permit Procedure: Each phase or lot will be prepared by its owner or owners who will be*responsible for installation of all utilities, drainage, landscaping, parking, curb and gutter, sidewalks and exterior lighting. Building owners/builders will be responsible for complying with all applicable city and county building regulations, and for compliance with these guidelines. Individual building owners/builders will be responsible for complying with all applicable city and county building regulations, and for compliance with these guidelines. 1. Submission for building permit: a. submit two copies of plans and specifications to: Building Department P.O. Box 640 Bozeman, MT 59715 b. Approval for the building cannot be granted until the signed final site plan has been forwarded by the planning staff. The applicant may submit the building plans prior to site plan approval , although the permit will, not be issued until the site plan is approved. c. Plan check fees are established by the schedule in the current edition of the Uniform Building Code.. .. The valuation of the project will be determined by the applicants estimate or by the Building Department using the current I.C.B.O. square foot cost figures. 2. Review Process: a. The building department plan review will take up to two weeks. The building permit will be issued following proper compliance with the codes and the receipt of the approved site plan from the planning staff. b. An occupancy certificate is required prior to occupying the structure. DESIGN THEME: The following sections of this development guideline outline the design theme for the project, and archi.tectual components that will be accepted or rejected for the project. Those items of minor modifications, such as minor site plan or "footprint" revisions, use of specific roofing materials, roof pitch, texture of siding materials, window casings and door trim, 5 exterior.. stain, colors, minor landscape plan ana signage modifications will be reviewed by the CPPC-East Architectual Committee along with the Planning Director, and accepted or rejected thereby. major modifications, such as change in:architectual theme, changes in traffic flow or ingress- egress, or..land use (as allowed in the total R-0 code, must be reviewed tnrough. the Conditional Use or Planned Unit Developmental process. This "mini".- office park is designed to create its own environment. It is expected the tenant mix will-not generate a high traffic flow. The . .buil(lings .will be of. a physically low-profile ranch style, reflecting a "western.U.S." feel. building design considerations desired: 1. &xterior colors of earthtones. Z. Rough sawn siding of board on batten, board on board, grooved panelling. 3.' Moss rock or fieldstone -wainscoat. 4. .Exp9sed beams. 5. Sugstantial eves ana gabled ends. b. Wood`6r shake shingles. Nile roofing if of dark tan or brown color. ) Though all buildings *-may not necessarily repeat, or reflect' the exact . detailing as in the'.existing building, or .of that at 1727 W. College (Dr. P. Brian Rogers •"neighboring" office) , the objective kand requirement) will *be to -achieve -a-harmonious combination of building design and materials that blend- together in a personalized, yet unified, theme. It must be noted that the developer will "site" each building location in the project prior to submission to the city building approval process. Building design considerations not allowed: 1. rietal or plastic' sidings to buildings. 2. Stucco`or exposed concrete block where those materials comprise over 15 1 'of the exterior siding surface. 3. Architecture that reflects "period" styling (as colonial , modernistic, or "European" nature.) 4. Use of pastel or bright colors on other than "detailing" trim. 5. -Signs'::or-* building identification other than that provided by the developer. Those site plan designsjconsiderations to be met: 1. Ease of occupants and visitors access from parking areas to buildings. 2. Maintaining parking around perimeter of development to allow for most aesthefic use of .interior "courtyard" effect. (see Exhibit D) 3.. Convenient and safe vehicular circulation. 4. An office environment that is attractive due to its parklike appearance and architectual interest. 5. Acombination of construction and landscaping that enhances the value of all property within CPPC-Last as well as the surrounding area, 6 Signage: Signage will conform to Chapter 18.65 of the Bozeman Zoning Code. All proposed individual building signage will be reviewed by the Board of Directors of CPPC-East, and approved or denied by a majority of directors voting thereon. Landscaping: Building owners will be responsible to meet all requirements of landscaping for off-street parking as outlined in the Bozeman Zoning Code. The planted common areas will have an underground sprinkling system which will be owned and maintained by the property owners association. The design goal of the plan will be to create a courtyard with greenery that will screen direct view from one building to another, yet be sufficiently "open" with lawn and walkway so as to be able to stroll between buildings in spring through fall seasons. Fencing and Screening: Fences will be allowed only to screen patio areas. Fence/screen height not to exceed 50 inches from floor level of building, and will be of the same material(s) and design theme as utilized in the exterior elevations of the building. Exterior (parking) Lighting: Building owners will furnish luminaire fixtures in the parking areas as per the existing type/style installed at Lot 1, and show on the Site Plan attached. The CPPC-East Association board of directors will determine the hours of operation for all parking lot lighting. ' SUMMARY: The land use development guidelines for College Park Professional Center- East are essentially a covenant between the owners and the city of Bozeman. The mechanism that makes them legally binding on the owners is their acceptance by the city as a series of conditions which are adopted in the same fashion as all other conditions of approval normally applied by the city through the Conditional Use Permit review process. In all instances the existing municipal codes regulating building construction and site development are superior to any of these stated or implied guidelines. These guidelines may be modified or amended from time to time as is deemed necessary. Modifications or amendments may be proposed by the city of Bozeman planning staff orlAeveloper. Minor changes made for the purpose of clarification or changes that do not alter the intent of the guidelines may be approved by the Planning Director. Amendments or modifications that change the intent, the boundaries or substantially alter these guidelines shall be reviewed by the Zoning and City Commission through the Conditional Use Permit Process. FOR ADDITIONAL CLARIFICATION OF THESE GUIDELINES CONTACT: Developer: Jim Kack Planning Office 6531 Jackson Creek Road City of Bozeman Bozeman, MT 59715 P.O. Box 640 Bozeman, MT 59715 (.406) 587-9488 (406) 586-3321 8 AMENDED AND RESTATED BYLAWS OF COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. ARTICLE I NAME AND LOCATION The name of the corporation is COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. hereinafter referred to as the "corporation" . The principal office of the corporation shall be located at 6531 Jackson Creek Road, Bozeman, MT 59715, but meetings of members and directors may be held at such places within the County of Gallatin, State of Montana, as may be designated by the Board of Directors. ARTICLE II DEFINITION Section 1. "Corporation" shall mean all of the Lot owners acting as a group known as COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. , a non-profit corporation, its successors and assigns, in accordance with the duly adopted bylaws of the COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. Section 2 . "Property" shall mean and refer to that certain real property situated in Gallatin County, Montana, and more particularly described as follows: Lots 1, 2 , 3 , and 4 of the Amended Plat of College Park Professional Center - Ease (A P.U.D. ) being Tracts IA & 1B of College Park Professional Center East located in the SW; of Section 12 , Township 2 South, Range 5 East, P.M.M. , City of Bozeman, Gallatin County, Montana Section 3 . "Common Area" shall mean all of Lot 4 owned by the members of the corporation and designated as the common elements intended for the common use and enjoyment of the owners. Section 4 . "Owner" means the person or persons owning a Lot in fee simple absolute or in any real estate tenancy recognized under the law of Montana. Those persons, partnerships or corporations claiming an interest in any Lot merely as security for the performance of an obligation are not included within this definition of "owner". Section 5. "Member" shall mean and refer to those persons entitled to membership in the COLLEGE PARK -PROFESSIONAL CENTER - EAST, INC. , by virtue of being an owner, or his or its designated representative of Lots 1, 2 , or 3 of College Park Professional • Center - East, as described more fully in Section 2 above. Section 6. "Architectural Control Committee" shall mean a committee of three (3) representatives appointed by the Board of Directors of the COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. to review proposed modifications to the property. Section. 7 . "Manager" means the manager, the Board of Directors, management Corporation or any other person or group of persons retained or appointed by the Board, or by the Corporation for the purpose of conducting the day to day operations of COLLEGE PARK PROFESSIONAL CENTER-EAST, INC. Section 8. "Board" or "Board of Directors" shall mean the Board of Directors of COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. as more particularly defined in Article IV of these Bylaws. ARTICLE III MEETINGS OF MEMBERS Section 1. Annual Meetings. Each regular Annual meeting of the members shall be held on the second Saturday in the month of January of each year, at the hour of 10: 00 a.m. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2 . Special Meetings. Special meetings of the members may be called at any time by the President or by the Board of Directors or upon written request of two-thirds of the members of the corporation. Section 3 . Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Corporation or supplied by such member to the Corporation for the purpose of notice. Such notice shall specify the place, day and hour of the Meeting, and, in the case of a Special Meeting, the Purpose of the meeting. Section 4 . Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast two-thirds (2/3) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present to be represented. Section 5. Proxies. At all meetings of members, each person may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary before the appointed time of the meeting. Proxies are valid only for the particular meeting designated. Every proxy shall be revocable and shall automatically cease upon conveyance of the member of his site. ARTICLE IV BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE Section 1 . Number. The affairs of this Corporation shall be managed by a board of three (3) directors, who must be members of the Corporation. Section 2. Term of Office. At the first annual meetinci the members shall elect three directors for a term of one year. The term of each director -shall expiro" an►lUally whereupon the Corporation shall hold a meeting to elect directors. Section 3 . Compensation. No director shall receive compensation for any service he may render as a director to the Corporation. However, any director may be reimbursed for his actual expense incurred in the performance of his duties as director if so voted by two-thirds (2/3) of the -lnembers. 1 Section 4 . Action Taken Without a Meeting. The directors shall have the right to take any, action in ,the absence of a meeting that they could take at a meeting by obtaining "the written approval of all the directors. Any action so approved shall have the same effect as though 'taken at a meeting of the directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the Board of Directors shall be made from the floor at the annual meeting. Section 2 . Election. Election to the Board of Directors shall be by secret written ballot unless unanimously waived. At such election the members or their proxies, may cast, in respect to each vacancy, one vote for the candidate of their . choice. The candidates receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held without notice, at such places and hours as may be' fixed from time to time by resolution of the Board. Section 2'. Special Meetings. Special meetings of the Board of Directors. shall be held when called by the President of � the Corporation, or by any director, after not less than three . (3) days ' notice to each director. Section 3 . Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power . to: (a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and to 'establish penalties for the infraction thereof; (b) exercise for the Corporation all powers, duties and authority vested in or delegated to this Corporation and not reserved to the membership by other provisions of these Bylaws, or the Articles of Incorporation; (c) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; (d) send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; (e) foreclose the lien against any property for which assessments are not paid within six (6) months after due date or to bring an action at law against the owner personally obligated to pay the same; (f) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (g) ascertain that adequate liability and hazard insurance on each of the Lots, in an amount determined adequate by a majority of directors, is in force and names COLLEGE PARK PROFESSIONAL CENTER EAST, INC. as being an insured under said policy; (h) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and (i) cause the Common Area to be maintained. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Corporation shall be a President and Vice President, who shall at all times be members of the Board of Directors, a Secretary, and a Treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers . The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Section 3 . Term. The officers of this Corporation shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or be otherwise disqualified to serve. Section 4 . Special Appointments. The Board may elect such other officers as the affairs of the Corporation may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the President or Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties The duties of the officers are as follows; (a) President - The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all written instruments; and shall sign all checks and promissory notes. (b) Vice President - The Vice President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. (c) Secretary - The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Corporation and affix it on all papers requiring said seal ; serve notice of meetings of the Board and of the members; keep appropriate current records showing t h e members of the corporation together with their addresses; and shall perform such other duties as required by the Board. (d) Treasurer - The Treasurer shall receive and deposit in appropriate accounts all monies of the Corporation and shall disburse such funds as directed by resolution of the Board of Directors; keep proper books of account; cause an annual audit of the Corporation books to be made by a public accountant at the completion of each fiscal year when requested by the Board; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE IX COMMITTEES Section 1. Committees. The Corporation shall appoint three persons to serve as an Architectural Committee as provided in these Bylaws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purposes. Section 2 . Construction Proposals. All proposed construction or modification of site or common areas must be submitted to the Architectural Committee for approval in accordance with Article XVI of these Bylaws. ARTICLE X BOOKS AND RECORDS The books, records and papers of the Corporation shall at all times,. during reasonable business hours, be subject to inspection by any member. The Articles of Incorporation and the Bylaws of the Corporation shall be available for inspection by any member at the principle office of the Corporation, where copies may be purchased at a reasonable cost. ARTICLE XI ASSESSMENTS Section 1. General Provision. Each member is obligated to pay to the Corporation annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be deemed to be delinquent. If the assessment is not paid within six (6) months after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Corporation may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non use of the common elements. The owner shall be charged interest at a rate greater than the maximum rage of interest legal in the state of Montana at the time assessed. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the lots and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of the lots at the time the assessment became due. The personal obligation for delinquent assessments shall not pass to the successors in title unless expressly assumed by them, but they shall be a lien against the property and subject to foreclosure. Section 2 . Purpose of Assessments. The assessments levied by the Corporation shall be used exclusively for the improvement and maintenance of the common area of the property. Section 3 . Taxes There shall be an assessment for real estate taxes levied against the common area (Lot 4) as follows: Lot 1 - 13%, Lot 2 - 67%, and Lot 3 - 20%. Section 4 . Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Corporation may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the costs os any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Ouorum for any Action Authorized Under Section 4 .' Written notice of any meeting called for the purpose of taking any action authorized under Section 4 of this Article shall be sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting. At any such meeting called, the presence of members or of proxies entitled to cast two-thirds (2/3) of all the votes of the membership shall constitute a quorum. Section 6. Rate of Assessment. Both annual and special assessments shall be fixed at a rate that is the percentage of ownership of Lot 4, by each of the other three lot owners. That being Lot 1 - 13%, Lot 2 - 67%, and Lot 3 - 20%. Assessments shall be collected on a monthly, quarterly, or annual basis as determined by the Board. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all units on the first day of the month following the conveyance of a Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Corporation shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Corporation setting forth whether the assessments on a specified unit have been paid. A properly recorded certificate of the Corporation as to the status of assessments on a unit is binding upon the Corporation as of the date of its issuance. Section 8 . Effect of Nonpayment of Assessments: Remedies of the Corporation. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Corporation may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment provided for herein by non use of the Common Area or abandonment of his lot. Section 9 . Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any unit shall not affect the assessment lien, however, the sale or transfer of any unit pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall . extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such unit from liability for any assessments thereafter becoming due or from the lien thereof. • Section 10. Assessment Calculations. Each Lot owner shall be liable and ,shall pay for their respective ownership percentage of Lot 4, that being: Lot 1 - 13%, Lot 2 - 67%, and Lot 3 - 20%. ARTICLE XII CORPORATE SEAL The Corporation shall have a seal in circular form having within its circumference the words: COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. ARTICLE XIII AMENDMENTS AND INTERPRETATION Section 1. Amendments. These Bylaws may be amended at a regular or special meeting of the members by a vote of two-thirds (2/3) of the lot owners. (i.e - are two of the owners of Lots 1, 2, or 3) . Such amendments of these Bylaws shall not become effective until a copy of the amended Bylaws, which has been certified by the presiding officer and secretary of the Corporation, has been recorded in the Office of the Clerk And Recorder of Gallatin County, Montana. Section 2 . Interpretation..- ;4 .n tt e,:event. @tny conflict between these Bylaws and , the -Articles" of Incorporation of COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. , the .Articles of Incorporation shall control. ARTICLE XIV RULES AND REGULATIONS Section 1. Corporation Authority. The Corporation may adopt and promulgate rules and regulations for the use of the common elements and for the occupancy of the Lots so as to not interfere with the peace and quiet of all the owners, tenants or residents. Such rules and regulations shall not conflict with these Bylaws. The rules and regulations must be approved by a majority of the lot owners at any regular or special meeting of the Corporation. Section 2 . Maintenance of Rules and Regulations The rules and regulations shall be maintained by the Secretary of the Corporation. A copy of the rules and regulations shall be provided to each unit owner by the Secretary of the Corporation upon the receipt of a request therefore. ARTICLE XV MAINTENANCE Section 1. Exterior Maintenance. The Corporation, or its duly delegated representative, shall maintain, manage and otherwise be responsible for the Common Areas, including, but not limited to the roadways, fences, common sidewalks, parking areas, landscaping, snow removal, and all other real and personal property within the jurisdiction of or owned by the Corporation. The Corporation shall also have the right, but not the obligation, to undertake additional maintenance as the Board may from time to time determine to be in the best interest of the Corporation and the owners. The Board shall use a reasonably high standard of care in providing such maintenance, management and repair, so that the properties will reflect a high pride of ownership. Maintenance and repair of the individual buildings shall be the sole obligation and expense of the individual owners. In the event that the need for maintenance or repair of an individual lot is caused through the willful or negligent act of the owner, his family, guests, invitees, or tenants, the cost of such maintenance or repairs shall be added to and become a part of the assessment for that lot. Section 2 . Exterior, Interior and Other Maintenance. Each Lot owner shall be responsible for the upkeep and maintenance of the exterior of his building and deeded property. An owner shall not, at any time, permit any act or work to be performed that will impair any easement or hereditaments nor do any act nor allow any condition to exist which will adversely effect the other units or their owners. Section 3 . Water Well for Landscape Irrigation. The Corporation may drill and maintain a water well to be used for irrigation of the property described herein. The costs of drilling and maintenance of said well shall be paid for by the Corporation. The well may be located wherever desired on the property described herein. ARTICLE XVI ARCHITECTURAL COMMITTEE Section 1. Easements and Architectural Committee. All roadways upon the property shall be subject to an easement of right-of-way in favor of and for the use and benefit of any and all owners of parcels in said real property, and all said roads, and all other commonly used land with consent and approval of the Architectural Committee, shall be subject to an easement for the installation of, and maintenance of, utilities, wells, water mains and sewer mains, and other drainage facilities. In all cases which require such use of the common land or easements for compliance with environmental or health regulations or other requirements, the Architectural Committee shall approve all such uses as are necessary for such full compliance, and in accordance• with all rules and regulations of applicable environmental agencies. The owner of each respective lot is hereby granted a perpetual easement in and to all common ground in the office park for the purpose of installing, maintaining, repairing, altering or using any such utilities, water wells and sewer drains, or other drainage facilities, together with the right of ingress or egress for the purpose of maintaining said facilities if such easement is not specifically described in deeds or other conveyances thereof. All roadways and drives shall be at all times open to the general public. Any expiration or termination of this declaration of restrictions, for any reason whatsoever, shall in no way impair any of said easements herein granted so far as lot owners are concerned. Section 2 . Decision'of Architectural Committee. In passing upon plans and specifications, the Architectural Committee shall take into consideration the following factors to insure all residents and owners against their own property's devaluation and the protection and preservation of the environment indigenous to the area: (a) The exterior design of all improvements shall be in harmony 'with the existing topography `aInd other natural features and with due consideration of the historical and cultural background of the area. (b) The exterior wall structures shall be substantially of wood or stone materials.' The use of exposed concrete block products of any kind is specifically prohibited. (c) No aluminum, white, bright metal or other bright reflecting surfaces (except glass) shall' be visible on the exterior. Tanks, wells and fixed equipment shall be concealed by walls or planting. All exterior water, electric, telephone, gas or other utility lines shall be run underground. (d) Parking of any trailers or recreational vehicles for over 10 days is prohibited. (e) All new utility service lines shall be buried. Section 3 . Uses. The property in the office park will be put to no other use than its original purpose. Each unit shall be used as an office building and for no other purpose. Section 4 . _Signs. No "for sale" or "for rent" signs shall be maintained or permitted on any part of the property except with the written Approval of the Board of Directors of COLLEGE PARK PROFESSIONAL CENTER - EAST, INC. or in accordance with any written policy for signage adopted by the Board of Directors. ARTICLE XVII TAXES AND RESERVES Section 1. Tax Levies and Special Improvements Owners of Lots 1, 2, and 3 shall pay their respective share of taxes or S.I.D. 's on Lot 4 as per their ownership interest therein, that being; Lot ;i - 13%, Lot 2 - 67%, and Lot 3 - 20%. ` Section 2. Assessment Reserve. Annual assessments shall include a reserve fund for maintenance, repairs and replacement of those common elements that must be replaced on a periodic basis, and shall be payable in regular installments, rather than by special assessments. ARTICLE XVIII GENERAL PROVISIONS Section 1. Enforcement. The Corporation, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions; conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of these Bylaws. Failure by the Corporation or by any owner to enforce any provision or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. Section 2 . Severability. Invalidation of any one of the provisions or restrictions contained in these Bylaws by court order or judgment shall in no way affect any other provision which shall remain in full force and effect. ARTICLE XIX FISCAL YEAR The fiscal year of the Corporation shall be such as may from time to time be established by the Corporation. IN WITNESS WHEREOF, the undersigned, constituting all of the owners of the land on which the Lots of CPPC-EAST, INC. are located, have executed this instrument as evidence of the adoption of the aforesaid Amended and Restated Bylaws of the Corporation, this day of December, 1990. James W. Kack I J anne Bee Kack Joh J. Mc enna, Jr. STATE OF MONTANA ) :ss County of Gallatin ) On this ,,,z4f _ day of December, 1990, before me, a Notary Public;' , for the State of Montana, personally appeared James W. Kack, Joanne :Bee- Kack, and John J. McKenna, Jr. , known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they w a. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the date first above written. Notary Public for the State of Montana Residing in Gallatin County (SEAL) My Commission Expires: ..2 7, /;� 0_ j EXHIBIT A (photo copy of Plat will be inserted here after approval by city, and recording by Gallatin County Clerk and Recorder) AMENDED PLAT OF COLLEGE PARK PROFESSIONAL CENTER - EAST (A P.U.D. ) Located in SW* Sec. 12 Twsp. 2S R5E PMM City of Bozeman Gallatin County Montana EXHIBIT 13 (Photocopy of Amended Site Plan will be inserted here when approved by City) EXHIBIT C Lands Committed to this Declaration Real property in Gallatin County, Montana, described as follows: AMENDED PLAT OF COLLEGE PARK PROFESSIONAL CENTER - EAST (A P.U.D. ) Located in SWt Sec. 12 Twsp. 2S R5E PMM City of Bozeman Gallatin County Montana i • SINCE tole P. O. Box 242 - Bozeman, Montana 59715 JEREMIAH P. CASHMAN Phone: (406) 587.3406 EXHIBIT D 13 August 1987 Dear City Planner, This letter is in regard to landscaping of property owned by James Kack on West College Avenue referred to as the College Park Professional Center. Our proposed landscaping shall conform to city zoning codes as to percentage of green]Uandscaped area, number and size of trees and planting areas, and parking area requirements. The design shall be consistent with that used at the two existing buildings within the complex using similar plant materials such as Quaking Aspen, Flowering Crabapples, Scotch Pine, :. and Colorado Spruce for trees and various hardy deciduous and evergreen shrubs. We shall be using sod areas along streets and walkways. The quality of the design and materials installed shall be consistent with the existing project and city requirements. Sincerely, Jeremiah P. 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"�. .. :rt, ,',. , ^•.`!1;..da :'tit•:'".r' � ,v.C`.jui ,� �v��:•.��;J: �,J:'Y e'}'llr Y '}7 'SR`��I J�.♦. 1 5":'�•Y-a�li1•."'-• li!�; . q {Iy• 11. 0•. � ff, �:x:6'( htt,, ;• i .• -04':':A: tii t;�:,'��$�:Z'.' �, Ir ,� 'f ,�•,'�. :�1 e��!� �•�'� *�. :7 'Fi�:`f:Y�`� /fib• jr� t. yb[ r :,,,!11 ; ' r l ,'V .^�. .;f+},�w �,;•y( ;114Cth1 [!rt �� )t; F yt(ti ? :i • (n 1.�. •y I :tkti ' �' r:�T+•at'r,;' .vr� A'r3 ••V/ne['11 fh011 g ..t,� �^-rr:., ,n, :'S�,�';�i►';'�": {�� ••Cy: .��y.y.�:u°;r!•1.' ,iis 11� t e ::�.••1... t �j 1 z�'• ..•.ram � ♦• r �Oi�H� 1 }t[t •ti ��� n. �J � �1•••IiT;".1N .,1 .•r •fir�:� .il .:y'.. ,:�'i: Eoa dvncl-Batten Channel Rustic - Tongue&Groove/Butterfly Tongue&GrooveN•Joint Tongue&Groove/Bullnose Tongue&Groove/Double Beaded Vet Types of acceptable siding Styles. Vertical installation desired. Flush Pattern { Plywood Profiles -►� e/a' e✓i 48% 1/4'deep x 1'/j"wwiiddee� inverted Batton 12"o.c. Shlplap •� �s->yf y; 48�/; y."deep x I"wide Invoriod Batton 8-o.c. 'ShIptop T, 1%- I� , .14 k.. • % 483/i $/.'deepx Ida Tl•11. 4' o.c. Shiplap '►"��/.�I�' , .� ��yj• y; 483/; r/.'deepx 3/."wide TI.11. 8'o.e. Shiplap -►1�/.'}+ , "-4 y; 48ry; '/.'deepx V."wide TI.11. 4' L 12" o.c. Shlplep '+I '- + y "a le-� • _ ::% 48%- 1/4"deep x%'wide Saw Karl 8'o.c. Shiptap --j �•�'- 6 Types of plywooa siding acceptable. Vertical installation desired. Rough sawn exterior preferred. • Sh,A�'[1,.,i'ngles _: �-:=.�.,. , Desired roofing materials. S hakes: Some- types .of tiles accep,table depending on shape and color. �� q �f� • �r s Y ASSESSOR'S APPROVAL f Il_M 82 P:GE 3764 The undersigned,• the duly elected and acting Assessor of Gallatin County, Montana, hereby approves the name CPPC - EAST after having found that such name is not the same as, similar to or pronounced the same as a word in the name.of any other• property or subdivision in Gallatin County, Montana, and therefore complies with §70-23-304, MCA. Dated this ,5�6o day of Gallatin County Assessor ASSESSOR'S APPROVAL The undersigned, the 'duly elected and acting Assessor of Gallatin County, Montana, hereby approves the Declaration of CPPC = EAST, after having found that the taxes and assessments due and payable for the said CPPC - EAST have been paid to date. Dated. this.Z G day -of 198 Gallatin County Assessor EXHIBIT F IMPROVEMENI'S AGREEMENT FOR This AGREEMENT is made and entered into this day of 198 , by and between hereinafter called the "Developer" , and the City of Bozeman , a municpal corporation of the State of Montana, hereinafter called the "City" . WHEREAS, it is the. intent and purposes of the Developer to meet the conditions of approval for the Conditional Use Permit allowing on the property in question WHEREAS, it is the intent and purposes of the Developer to obtain Final Site Plan Approval ; WHEREAS, it is the intent and purposes of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto , to satisfy the improvements guarantee requirements for the Final Site Plan approval' .of said Conditional Use Permit; NOW, .THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows : 1. Property Description This Agreement pertains to , and includes , those properties which are designated and identified .- - 2. Improvements This Agreement specifically includes the installation of and other improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement , as Exhibit "A" . The estimated cost of said improvements is attached and made a part of 'this Agreement , as Exhibit "B" . 3 . Financial Guarantee, Time for Completion of Improvements If occupancy of any structure is to occur prior to installa- tion of the improvements, it must be secured by the financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times 1 the estimated cost of the installation of any required improvements not completed at that time . In any event, all required improvements on the site as delineated on Exhibit "A" , which is attached and made a part of this Agreement, shall be completed within eighteen ( 18) months of written approval of the Final Site Plan by the Local Governing Body, or their designated representative. 4 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its repre- sentatives to enter upon and inspect the property at any reasonable time. 5 . Default Time is of the essence of this Agreement . If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this -Agreement, and such default or failure shall continue for a period of (5) days after written notice specifying the default is deposited in the United States mails addressed to the Developer at or such other address as the Developer shall provide to the City from time to time, with- out being completely remedied , satisfied , and discharged , the City may elect to enforce any of the following specified remedies : A) The City may, at its option , declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein . 1. The City' s representative, contractors , and engineers shall have the right to enter upon the property and perform such work and inspec- tion, and the Developer shall permit and secure any additional permission required to enable them to do so . B) The City may enforce any other remedy provided by law. 2 6 . Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the governing body. 7 . Governing Law This Agreement shall be construed according to the laws of the State .of Montana. 8 . Modifications or Alternations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto . 9. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof , and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted . 10. No Assignment _ It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 11. Successors Except as provided in paragraph 10 , this Agreement shall be binding upon, enure to the benefit of , and be enforceable by the parties hereto and their respective heirs , successors and assigns . s Notary Public for the State of Montana Residing: Commission Expires : THE CITY OF BOZEMAN Richard C . Holmes �u(l 5 I Director of Public Service Notary Public for the State Of Montana Residing: Commission Expires : 3 _ CERTIFICATES OF DEPOSIT � DY •1�;1to�1s16 1 5 3 e 1 5 2 .- -_-.---Q.---—-----_- ----------.---..----------.------..-...-._---- 64 ONTH�I S... TI U Iit I -. I - - --H-O'-WAMOUNT M . _ . _ -- _. ._ . -- -- -- - --I �I-NI'; � -AQ EME- .I...__—' NSURED _ ERTIFICA! 3 - _DATE---_— _0F_.. . ANNIAI - - ...DURA-. - .COM— L INT EHEST.. .__INT._AT. .EMpRK NUMBER ISSUED DEPOSIT RATE TION DATE OUNDD IC IC BANK ;I - s -- - - !Ii1 I1 76 1 7 o 10 113 114 115 16J 11 18 s z 02g ; - I I 21 f — I I —' - 2 I ' , I r. - 1- - -- — -- — - — 23 I i I I �I --- —. ! 23 24 '25 I I I I t ..i24 -- - ---- -�-I - - 25 26 - --' 6 27 7 f 2828 29 --- - ---- 29 I + __ REVIEW OF ABSTRACTOR'S CERTIFICATE COMES NOW Bruce E. Becker, City Attorney, in and for the City of Bozeman, a political subdivision of the State of Montana, and hereby certifies that he has reviewed the preliminary subdivision certificate of title for the following-described parcels of real estate: A tract of land being Tract 1A and 1B of College Park Professional Center - East located in the SWJ of Section 12, Township 2 South, Range 5 East, P.M.M. , City of Bozeman, Gallatin County, Montana, prepared by Chicago Title Insurance Company of Idaho and issued by American Land Title Company of Bozeman, Montana, and signed by Margot B. Parker, which tract of land is to be known and designated as the Amended Plat of College Park Professional Center - East (A PUD) , Gallatin County, Montana, and further certifies that said certificate complies with 176-3-612 Montana Code Annotated, and Chapter 16.08.060(C) of the Bozeman Municipal Code setting forth the Bozeman Area Subdivision Regulations. Dated this 30th day of November, 199 . ce E. Becker City Attorney STATE OF MONTANA ) ss. County of Gallatin ) On this 30th day of November, 1990, before me, a Notary Public for the State of Montana, personally appeared Bruce E. Becker, known to me to be the City Attorney of the City of Bozeman, Montana, and whose name is subscribed to the within instrument and ackowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal o the day fid year rst written above. Notary blic for th ate f Montana Residi at Bozeman, Montan My Co ssion expires August 4, 1992 . ChidoTideny x Impawe ® Co PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE 27 3391 89 000020 Date: November 26, 1990 Order No. : 1-38312-MP .(I--38312-MP) Prepared For: GASTON ENGINEERING & SURVEYING - ATTN: DENNIS FOREMAN P.O. BOX 861 BOZEMAN, MT 59715 CHICAGO TITLE INSURANCE COMPANY OF IDAHO To the County of Gallatin and the City of Bozeman in Montana CHICAGO TITLE INSURANCE COMPANY OF IDAHO, a corporation organized and existing under the laws of the State of Idaho,with its principal office in the City of Boise,Idaho,and duly authorized to insure titles in Montana hereby certifies that from its examination-of these public records which impart constructive notice of matters affecting the title tolhe real estate described in Schedule A hereof,as of the day of f9 at 5 o'clock P:M., the title to the described real estata W indefeasibly ve&aftrsimple o4gcord in: = James W. Kack, Joanne Bee Kack and John W. McKenna Jr. , as their interest appear of record subject only to the objections,liens charges,encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of$ This certificate of title is made in consideration of the payment of the premium by the subdiJid9P8fA land and for the use of the County and City above named. CHICAGO TITLE INSURANCE COMPANY OF EDAHO BY: Issued by: L AMERICAN LAND TITLE COMPANY :r pNC Westbrook Center- 1800 W. Koch r''`,'e.. F :c P. 0. Box 396 pRPORA,E: $ ' Bozeman, Montana 59715 0 -« o BY: Phone: (406) 587-5563 't °6L ` o 1 / 0,jI.�� thorized Signature PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE(MONTANA) Reorder Form No.9113 SCHEDULE A Page 2 Certificate No. 27-3391-89-000020 . Order No. 1-38312-MP Being the legal description of the real estate covered by this certificate. The following-described parcels of real estate: A tract of land being Tract IA and 1B of College Park Professional Center - East located in the SWA of Section 12, Township 2 South, Range 5 East, P.M.M . , City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at a point which is South 89° 48' 36" East a distance of. 333.30 feet and North 00° 31' 40" East a distance of 30.00 feet from the SW corner of Section 12, Township 2 South, Range 5 East, said point also being the SE corner of Tract 1 of the plat on Film 16, Page 1154; thence along the East line of said tract North 00' 31' 40" East a distance of 348.68 feet to the SW corner of Tract A of Certificate of Survey No. 691; thence along the South line of said tract North 89° 57' 53" East a distance of 268.05 feet to the NW corner of Tract 2 of College Subdivision; thence along said line South 000 45' 35" West a distance of 349.75 feet to the SW corner of Tract 2; thence North 890 48' 36" West a distance of 266.62 feet to the point' of beginning. The above-described tract of land is to be known and designated as the Amended Plat of College Park Professional Center - East (A PUD) , Gallatin County, Montana. SCHEDULE A ' j Preliminary Subdivision Certificate of Title (Montana) SCHEDULE B Page 3 Certificate No. 27-3391-89-000020 Order No. 1-38312-MP Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatso- ever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, ,right, title, or interest of the record owners, which now do exist of record. 1. Except all minerals in or under said land including, but not limited to, metals, oil , gas, coal , stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 2. Taxes for the second half of the year 1990 and subsequent years. Taxes for the first half of the year 1990 are paid. Taxes for the second half of the year 1990 are a lien, not yet due. Included within the General Taxes are Gallatin Conservation District and Bozeman Planning Board. [Affects Tract 1A College Subdivision, Plat J-114 and Unit 2, College Park Professional Center - East Condo. , Plat J-1141 Taxes for the year 1990 and subsequent years. Taxes for . the year 1989 are paid. Taxes for the first half of the year 1990 are now due and payable and will be delinquent if not paid on or before November 30, 1990. Taxes for the second half of the year 1990 are a lien, not yet due. Included within the General Taxes are Gallatin Conservation District and Bozeman Planning Board. [Affects Unit 1 College Park Professional Center - East Condo. , Plat J-1141 3. Special assessments levied by the City of Bozeman, as follows: Second Half Receipt No. 1223: [Affects Tract 1B, College Subdivision] District No. 8000 Street paid through December 1990. District No. 8001 Tree paid through December 1990. Second Half Receipt No. 1222: [Affects Tract 1A, College Subdivision] District No. 8000 Street paid through December 1990. District No. 8001 Tree paid through December 1990. No liability is assumed for any special assessments, snow removal or garbage assessments not set forth in the Assessment Books of the City of Bozeman. 4. Covenants, restrictions, reservations, limitations, conditions, uses, agree- ments, easements, options, and other provisions contained in that certain Declaration and By-Laws of CPPC - East Condominium recorded in Film 82, page 3763, records of Gallatin County, Montana. No liability is assumed for any failure to comply with or abide by said covenants, restrictions, reservations, limitations, conditions, uses, agreements, easements, options, and other provisions, including provisions for payment of money and penalty for delinquency. [Affects CPPE - East Condo.] 5. Easements as delineated on the recorded plat. (continued) SCHEDULE B .� Preliminary Subdivision Certificate of Title (Montana) i r • CONTINUATION SHEET File No. : 1-38312-MP Commitment Number: 6. Right of Way Easement to The Montana Power Company, recorded September 6, 1950 in Book 103 of Deeds, page 119-120, records of Gallatin County, Montana. Said easement being for the right to construct, maintain, operate, and remove pipe lines for the transmission of gas and oil , and a telephone line over the SWNSWN of Section 12, Township 2 South, Range 5 East. 7. Easement to The Mountain States Telephone and Telegraph Company, recorded November 17, 1983 in Film 80, page 981, records of Gallatin County, Montana. Said easement being for. . .a strip of land 12 feet in width along the South 30 feet of Tract 1 of College Subdivision. 8. Deed of Trust from John J. McKenna to American Land Title Company, as Trustee, and The Manhattan State Bank, as Beneficiary, in the amount of $145,000.00, dated July 17, 1984 and recorded July 30, 1984 at 3:41 P.M. in Film 83, page 5040, as Document No. 127302. [Affects Unit 1 of CPPE - East Condo.] 9. Deed of Trust from John J. McKenna to American Land Title Company, as Trustee, and The Manhattan State Bank, as Beneficiary, in the amount of $21,742.72, dated July 17, 1984 and- recorded August 1, 1984 at 3:16 P.M. in Film 84, page 55, as Document No. 127395. [Affects Unit 1 of CPPE - East Condo.] 10. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. 1CLM/MISC Reorder Fors No. 11119 BOZ 5 ' N CITY-COUNTY PLANNINGOPARD BOZEMAN MUNICIPAL BUILDING BOZEMAN, MONTANA FINAL PLAT APPLICATION NOTE: Please print or type. Applications will not be accepted by mail. Major Subdivision Minor Subdivision P.U.D. I(we), James W. Kack hereby make application to the City-CountyPPlanning oard f r final plat review and approval of the accompany plats and data for SUBDIVISION r xTaa1 JLdC: c�i4d1 which information is attached hereto and made a part hereof, in accordance with Sections 2 and 3 of the Bozeman City-County Planning Area Subdivision Regulations. The following are pertinent facts with respect to the proposed land division: 1. Name and address of owner(s) James W. Kack, Joanne Bee Kack, John J. McKenna, Jr. ; fiA1kx9x6531 Jackson Pho nee Rd. 587-9488 2. Name and address of applicant(s) Same Phone 3. Name and address of Subdivider(if other than owner) Same Phone 4. Name and address of surveyor Dennis Foreman, Gaston Engineering PO Box 861, Bozeman Phone 586-0588 5. Location of property/street number 1711 West College Street Legal description College Park Professional Center, East 6. Total acres 2. 143 Total number of lots proposed 3 Gross 2. 143 Net 2. 143 7. School District# 7 8. Date of preliminary approval Nov. 30, 1990 9. 1(We),the undersigned,state that I(we)am/are the applicant(s)of this application whose name(s)appear(s) above, and that the foregoing statements and answers herein made and all data,information,and evidence herewith submitted are in all respects,to the best of my(our)knowledge and belief, true and correct. 1(We),the undersigned affirm that I(we)will abide by the conditions and obligations legally imposed bythe City Commission and/or the Board of County Commissioners in the approval of this final subdivision plat application. ` c APPLICANT'S SIGNATURE: DATE: 3 y - D 10. 1 (We), hereby certify that I (we) am/are the owner(s)of property involved in this application,and that the statements and information are in all respects,to the best of my(our)knowledge and belief,true and correct. I(We),the undersigned affirm that I(we)will abide by the conditions and obligations legally imposed bythe City Commission and/or the Board of County Commissioners in the approval of this final subdivision plat application. OWNER'S SIGNATURE: DATE: ) 1 - 3 O Within six(6)months of filing of the final plat,a representative of the Planning office will inspect your property to insure that all conditions which were a part of your final plat approval have been complied with.Failure to adhere to those conditions can result in a fine up to$500 or imprisonment of not more than three(3)months in the County jail, or both. Each sale or transfer or offer to sell or transfer of each separate parcel or land in violation of any provision of the Bozeman City-County Planning Area Subdivision Regulations shall be deemed a separate and distinct offense.All legal and court costs incurred by the County Attorney's office in compiling compliance with all provisions to the Bozeman Area Subdivision Regulations will be imposed against the person or entity committing the illegal act(s). ------------------------------------------------------------------------------------------- FOR DEPARTMENT USE ONLY I� Date Received -30/ Received by r�' Filing Fee 14 3� Receipt Number 0/36-T- Preliminary Plat Conditions Satisfied County/City Attorney Opinion Park Requirements Satisfied Improvement Agreements Completed LA, as ck �z�\ Engineering Plans and Specifications Reviewed N� Monumentation Certification Approved CITY-COUNTY PLANNING BOA P'FFICE / 7,- DATE V -BIZ NClTY-COUNTY PLANNING, ARD BOZEMAN MUNICIPAL BUILDING BOZEMAN, MONTANA FINAL PLAT APPLICATION NOTE: Please print or type. Applications will not be accepted by mail. Major Subdivision Minor Subdivision P.U.D. I (WO, James W. Kack hereby make application to the Cirtcla�ty�P�jmm�g Board fora final plat review and approval of the accompany plats and data for SUBDIVISION which information is attached hereto and made a part hereof, in accordance with Sections 2 and 3 of the Bozeman City-County Planning Area Subdivision Regulations. The following are pertinent facts with respect to the proposed land division: 1. Name and address of owner(s) James W. Kack, Joanne Bee Kack, John J. McKenna, Jr. ; f#Rtx2x6531 Jackson Creek Ed.Phone 587_9488 2. Name and address of applicant(s) Same Phone 3. Name and address of Subdivider(if other than owner) Same Phone 4. Name and address of surveyor Dennis Foreman, Gaston Enqineerinq PO Box 861 , Bozeman Phone 586-0588 5. Location of property/street number 1711 West College Street Legal description College Park Professional Center, East 6. Total acres 2. 14 3 Total number of lots proposed 3 Gross 2. 143 Net 2. 143 7. School District# 7 S. Date of preliminary approval Nov. 30, 1990 9. 1(We),the undersigned,state that I(we)am/are the applicant(s)of this application whose name(s)appear(s) above, and that the foregoing statements and answers herein made and all data, information,and evidence herewith submitted are in all respects,to the best of my(our)knowledge and belief, true and correct. I(We),the undersigned affirm that I(we)will abide by the conditions and obligations legally imposed bythe City Commission and/or the Board of County Commissioners in the approval of this final subdivision plat application. APPLICANT'S SIGNATURE: DATE: 10. 1 (We), hereby certify that I (we) am/are the owner(s)of property involved in this application,and that the statements and information are in all respects,to the best of my(our)knowledge and belief,true and correct. I(We),the undersigned affirm that I(we)will abide by the conditions and obligations legally imposed bythe City Commission and/or the Board of County Commissioners in the approval of this final subdivision plat application. OWNER'S SIGNATURE: C` � DATE: l 1 - 3 o `1Q Within six(6)months of filing of the final plat,a representative of the Planning office will inspect your property to insure that all conditions which were apart of your final plat approval have been complied with.Failure to adhere to those conditions can result in a fine up to$500 or imprisonment of not more than three(3)months in the County jail, or both. Each sale or transfer or offer to sell or transfer of each separate parcel or land in violation of any provision of the Bozeman City-County Planning Area Subdivision Regulations shall be deemed a separate and distinct offense.All legal and court costs incurred by the County Attorney's office in compiling compliance with all provisions to the Bozeman Area Subdivision Regulations will be imposed against the person or entity committing the illegal act(s). ------------------------------------------------------------------------------------------- FOR DEPARTMENT USE ONLY Date Received / qG Received by K� �'' Filing Fee 'A Receipt Number 0/36P 5' Preliminary Plat Conditions Satisfied County/City Attorney Opinion Park Requirements Satisfied Improvement Agreements Completed 6A Q Engineering Plans and Specifications Reviewed Monumentation Certification Approved ! ` CITY-COUNTY PLANNING BOARD OFFICE DATE AMENDED PLAT OF ® 0 f- I COLLEGE PARK PROFESSIONAL CENTER — EAST ( A P . . D , ) s � BEING TRACTS IA 81 113 OF COLLEGE PARK PROFESSIONAL CENTER EAST LOCATED IN THE SW I /4 OF SECTION 12, T. 2 S. , R. 5 E. , P. M. M. , CITY OF BOZEMAN, GALLAT I N COUNTY, MONTANA FOR: JIM KACK OCTOBER, 1990 BY: GAS TON ENGINEERING AND SURVEYING BOZEMAN, MONTANA NOTES LOT I AREA 0.267 ACRE LOT 2 AREA 0.723 ACRE LOT 3 AREA 0.176 ACRE LOT 4 AREA 0.977 ACRE — _ GROSS AREA -2,143 ACRES NET AREA •2.143 ACRES SCALE: 1" ' 30' o I"X18" REBAR W/DAP SET 30' 20' 10' O' 30' 6C' O FOUND 5/11" REBAR WITH CAP BASIS OF BEARINo: COLLEGE PARK PROFESSIONAL CENTER-EAST SUBD CERTIFICATE OF SURVEYOR CERTIFICATE OF CONSENT ' We, the undersigned property owners, do hereby certify that we caused to be surveyed, subdivided and platted into Iota, blocks, set sets aryl al le ye, as shown by the plat and cart idea to_ of survey hereunto I, the undersigned, Dennis L. Fox eman, Land Surveyor, do lter eby certify that during November 199U, i included, the following described tract of Land, to-wit: surveyed Amended Plat of Collegs Park Professional Canter - East (A PUD) and platted same ea shown on thu accompanying plat and as described in accoYdance with Montana Law and the Bozeman Area Subdivision DESCRIPTION Regulations. A tract of land being Tract IA s IB of College Park Professional Center - East located En the SW I: of Dated this day of 1990. Section 12, T25, R5E, P.M.M, City of Bozeman, GO l let In County, Montana, and being further describawl as follower , Beginning at a point which is S 89° 48' 36" R a distance of 333.30 feet and N 00. 31' 40" E a distance of Denn xs L. Foreman TRA C T A OF C.O.S. 691 30.00 feet from the SW Corner of Section 12, T2S, R5E, said point also being the SE corner of Tract 1 of Registration #5606S the plat on Film 16, Page 1154; thence along the Eaat line of said tract N DO. 31' 40" E a distance of 348.6E feet to the 5w corner of Tract A OE Cer tiEicate of Survey No. 691; thence along the South line of a aid tract N 89° 57' 53" E a dietanoe of 268.05 feet to the NW c rner of Tract 2 of College Subdivision; CERTIFICATE OF REMOVAL OF SANITARY RESTRICTIONS N 8 9°5 7' 5 3"E 2 6 8.05' thence along said line 5 00° 45' 3s" W a distance of 349.75 Cast tothe SW corner of Tract 2; thence N i - _ — — — — — with 48' 3su W a distance of ex26 isting 6e last me to the point of beginning. Said parcel being2.143 acres along with and subject to any existing easements. I, the Director of Public Service, City of Bozeman, Montana, do hereUy certify that Amended Plat of College Park Pro Eesaional Center - East (A PUD) to the City of 8o ze man, Gallatin County, Montana, is T_—_-- -—-- -- The above-described treat of land is to he known and designated as the Amended Plat of College Park within the City of Bozemag Maste Plan Area and c n be provided with municipao facilities for the supply Professional Centex - East (A PUD), Gallatin County, Montana. of water and disposal of sewage and lid ante. ael...Eore u der provision. f Section 76-4-124 11), this tract is not subject to sanitary rest r is[ien clearance. 5D Dated this_day of -_ A.D., 1990. N 89°57'53"E 184.90' Dated this day of 1990. 33' -- Joanne Bee Ka Ck James W. Keck M I —- I ) Phillip J. FarUes STATE OF MONTANA y ) sa City c tfr➢ozeman lie Service 30 WIDE UTILITY EASEMENT I I County of Gallatin ) On this day OE , ,1990, before me, a Notary Public in and for the State of Montana, CERTIFICATE OF DIRECTOR OF PUBLIC SERVICES V 43' WIDE UTILITY EASEMENT par appeared James W._Kac'k & Joanna Bee Keck known to me to be the person whose names are subscribed to in the above instrument, andwho acknowledged to me that he/she executed the s p I I I WITNESS my hand and seal, the day and year above first written. ame. I I, the Director of Public Service,mCi ty of Bozeman, do hereby certify that the accompanying plat has been O duly examined and he s found the same to conform to law, approves it, and herebyeaccepts the dedication to public u e of any and all lands shown on the plat as being dedicated to such us A I Resi ley at tl�e'S late of------ -- Dated this day of 1990. — ti — ;n omm - -._.._ __._.__.__.__._____..__.. My c isston expires , Phll lip J. FarUes w I LOT 2 I a I _ Director of Public Service 0 I o 0.723 ACRE City of Bozeman I ! in J M li I O Dated this _day of A.D., 1990. 0 Z .a I f7 H CONSENT OF MORTGAGEES John J. McKenna. Jr. We, the undersi lied mart a W II I I i 3 j g g gees, do hereby ioiw in and consent to the described plat, releasing our STATE OF MONTANA ) respective liens, claims or an anew as to any portion of raid lands now being platted into atreete, 00 II I I M 0 ) ss avenues, parks, or other public uses and dedicated to the use of the public forever. M I I I ro W County of Gallatin ) Dated this - day of __ , 1990. On this day of 1990, before me, a Notary Public in and for the State of Montana, O I 0 b W personally appeared John J. McKenna, Jr., known to me to be the person whose name is subscribed to in Manhattan State Bank — -- the above instrument, and who acknowledged to me that he executed the same. J Z iI i N �JO..t WITNESS my hand and seal, the day and year above first written. STATE OF MONTANA ; ns RY. SO' County of Gallatin ) 'J1 On this -day of _ __ ___ 1990, before me, a Notar Public in and for the State of Montana, N 89°48'33"W 184.20' I O _ -- __ - Notary Pubbt C the State of per appeared ____________ known to me to beytha of N Reacding t pries Manhattan State Bank the lendin net a[Station that ex ecute3 the Zoregoing and acknowledged to me t}tat he she executed the same for and on behalf of said corporation. LOT 4 (COMMON AREA) My ommiasion ex 9 m I 0.977 ACRE ----- _I WITNESS my hand and seal, the day and year above first written. 89°48'33"E I I e.00' S 89°48'33"E 78.00' 1� 10' 20' WIDE SpN ITARY SEWER 5U' NOC'ar PUUlic fOY the Stat¢ OT _ -- SEflVILE_EASEMENT—\ expir Res in at y cossion ea--- _ as• WIDE unuTY b II j I EAeEMENT ADJOINING CERTIFICATE OF PLANNING'DIRECTOR CERTIFICATE OF COUNTY TREASURER 13' WI E eTORM sfWER a LDMMON ALLEae EAeE MINT WITH ur N I PROPER Y rn I! I Oo Oo I oo I, Andrew C. Epple, Planning Director, of the City-County Planning Board have reviewed the accompanying I, -_ Treasurer of Gallatin County, Montana, dos hereby certify that the accom- plat and find that it conforms to subdivision requirements of Section 76-3-101 through 76-3-614, M.C.A. property w N a ponying.plat has been duly examined and that no realtaxes a sessed and levied on the land to be subdivided are delinquent. Dated this day of __, 1990. o I . . "=. Dated this day of 1990. LOT I $U LOT 3 w �_ Y I� v 0.267 ACRE f`^ 0. 176 ACRE e u, Planning DirectorCL --- TTxeas urer of Gallatin Countp-'� =1! I oo CERTIFICATE OF CLERK AND RECORDER _ Clerk slid Recorder of Gallatin County Montana, do hereby certify that the foreg�ng instrt meet wen filed to my office at o'clock, (a.m. or p.m.), this day of ______ A.D., 19___ 10' - °.eT' 50 recorded Clerk and Recorder, Gallatin County, Montana.in Book _! of Plats on Page ,Records of the P.0.B. 89°48 36•W I18.00' N 89°48'36"W 78.00' \ "_' i 12' WIDE TELEPHONE EASEMENT - _ I �L BY: N 89°48' 36"W 266.62' Clerk and Recorder N 00°3 V 40"E _ 3030.00, I ^�' S 89.48'36"E� - -�L f - - - - - S RE E - -— SW CORNER SECTION 12 CRD a7-511 —. © 0 O O e n 00 00 00 00 00 00 00 00 AMENDED PLAT OF COLLEGE PARK PROFESS I OIN /-� L I E �`�.I TER -�- F .AST ( A P . U . D . BEING LOTS 1 , 2 , 3 , & 4 OF COLLEGE PARK PROFESSIONAL.. CENTER - EAST ( A P . U . D . ) LOCATED IN THE SWI i4 OF SECTION 12 , T . 2S . , R . 5E . , P . M. M. , CITY OF BOZEMAN ) GALLATIN COUNTY , MONTANA FOR: JIM KACK MARCH, 1991 BY: GASTON ENGINEERING 8 SURVEYING ..�.`.1AN, MONTANA NOTES LOT I AREA 0.267 ACRE LOT 2 AREA - 0.723 ACRE LOT 3 AREA 0.176 ACRE LOT 4 AREA 0.977 ACRE NGROSS AREA •2.143 ACRES SI A'P:: ux'1'ANA - NET AREA •2.143 ACRES ..;I.: .a SCALE: 1 ' = 30' o SET 5/8" x 18" REBAR W/CAP -,r c..,t tnr.ill 1 .. .. oI, !u.e 30' 20' 10' 0' 30' 60' • FOUND 5/e' REBAR WITH CAP OR AS NOTED E.1+,.rt fit.. 199d, be Forn Inc, a Notary eublic Sn and'fox he snare of NOnlnnc. BASIS OF BEARING: COLLEGE PARK 1+^re:nnnily_w"n'1cli of .day __ nn to bn `t PROFESSIONAL CENTER-EAST SUBD ..o In Joanna Be.e°e Icarx known to persona whoa. na;acn n::1+:;cri:;°-1 'O I., the ahc„c i...a.runOn..,.nnd "h0 ac zw ogea to oc that he/slle .....Led the aemo. Nl"`II:SS ny han,: ,n, San'., fhC 9ny and year above L.lrat written: Notary Public ar tha SLa[a�Of � . F Re sid ynmt e,1 J �{� L M < s an n , t r [unrt,.! Y L t �e F 1991, before m n Notary PubLin and Inx the state of MnnCnr- .. name TRACT A OF C.O.S. 69/ - ' ,. 111 tJ whnT HOKfn.gr.. to ,aer+l,rrPtoche.e�th�eraon in an n is aebaeribed to ++' - wl'I•.ts:. han,l ,no an,l, ohe dny,:a yr.r a,,,+°e first -itt.n. . N 89°57' 53"E 268.05' FNp. 1-1/4' PIPE N c-4J Etat. o= � i — — — - - R Jyn`' `e .:. e �..`r.. Ir--- -_-_---_-_�...----_-____-_____-_—.__----_I N/ O m '/ i•..':__1 tI n I ::,::I.. oI 0.11"A ) r°N 89°57'53"E 184.90' _ 33' n so' ------------------------------ I I y f t 99 1 1 hOtbe Pul>1 is in alnd foe the SLa Le of M rd I t. he the of SniLjt O M I I I I tL I L71 .J f 1 1'I� 1 t 11L 1.' I In LI Fo going and acknowledged to a y 30' WIDE UTILITY EASEMENT I I „' n i a r nl I'.I:S;, , h'I„7 , nnl, tl, 7,v ,alit � allnve rst w ittan. I� I I I I 43' WIDE UTILITY EASEMENT 'n�ygP ula>e LOl + Myonmiss:o to ic for el _S_te--.• _...__.. : : UI I I+! I I O .:.I: .. S! ,, II.I;d'Iv,::A ) II I A 1 L [ 1lJU I:L. n a Notary 1'ubl ec in nnd Lnr the S .O of M1311! Lor 2a �'me Lo ba th L c I o r a, / rl a k - u : 1 a g ,.L:tat:on tdwc�aLed and . ' ' 0.723 ACRE I - i _ .. ,., .am nrpocatton. 7 I I I :.1: ,, ,nt Ito/ lni r n,.ill the a Lor .,nd On bnhnlL oLx sa id e U) A I � .. 1 I !':I.SS ,/l i'1 nA nr,l, rh+y y ,r abnva first ;[,tten. O) 1`i I Notary eubltc Rraidinq at M I Z I , A + M 0 1. M COnhi353On II I I I f w CERTIFTL:ATE OF SURVEYOR 4 un Ir, Q - I, I.1:,' :+:::let'si 1n.•,i, D-nii, I.. I'orc::Inn, L-nd Surveyor, do hex=LY c [ l ify that during March__ i99i : Amrnrind I'`n:. ,r c::>l lrrlc i>Il:n I`r e>Iens Tonal Canter R cl (APUD) and pin s Lted came ne shown I I the a, j O[dCP w aw an ith Mon Lann,Ld the noxemnn Area Suhdlv,aip 9 I ° l nllf+ O Q o I I I I o dny oC -'i 1991. z I ` n U t Dennis L. Iorenan Registrar ion 9'i6065 N 89°48'33"W 184.20'/r 20�SERV CE E WIDE ASEMENT EWER / S 89°48'33"E 78.00,(COMMON AREA) IIn 1""•.d ' ^ I LOT 4A / -1 ti CERTIFICATE OF COUNTY TREASURER qi h0.977 ACRE ----------- `J _ r room d Q T,....I er of G111-In County, Mnnl:nna, do hereby c 'ily that the n IF D. PK NAIL 89°48'33'E 118.00' PREVIOUS LOT LI E C Q „�i.: L,l.i is llnx linen duly examined and Lhnt no tent pxnperty taxce a......d maid l.evind on the J.and to bO 10' �� - - -�J - a0' v:lilr,:, ++ird nrP IIPlingnOnt. Ir' I dny nl: Q IS' I '�-- I O I m I EAS55'E HENT UTILITY-01'Ie 9u[ of Gallal in Count. f IS' ESIE STORM.EWER ADJOINING COMMON m LOT 3A I y ACCE3311EASE1,£NT WITH AO JOIN lNO N i i PROPER IY h In 0. 176 ACREGo y) GO I Oo CERTTFICATE OF DIRECTOR OF PUBLIC SERVICEin i O o I( I LOT IA C I C 1, Nlr::::Lor of Public service, City of Bozeman, do hereby I.ertify that the exemptions claimed nn the 3>Inn,lllyi np plat have been duly r vi ued by the Governing➢Tidy, and have be found to conform to he Q n I I i 0.267 ACRE Q a i tinh,livi ui... end P!a.l:ti„y ACC, Section°76-3-101 at. SON., and the 00zemati City--County Subdivision Itegnl J N Li011n. a, 1 O "O :.l _..-_ .. -'ay ++L 1991. 0 I I I O I I,uLnd l I1 I y eo DTrec nor" el N 89°48'36"W 78,00' ci Ly of ➢o£eman _ ' NREVIOVS LOT LINE - 10' D. PK NgILI w CL+R'PIFICATE OF CLERK AND RECUROER P.O•B. 89"48'36"W 118.00' I Clerk an HHacorder GOIL y Mont d artify Lh he d Of .tin L'onnl O Mathis c dl L \ ^_I I 12' WIpE TELEPHONE EASEMENT = { i;•g ,: led in my<,ff ice at _ 'clock, 1a.n. orap.m.1, thin day L �A FNp. -I/4" PIPE A n., 19 end r corded in➢o., o[ Plats on Page -, Recnrds uI Lhc N 89°48' 36"W 266,62' 1 k n,d rs 1 I n t cn,nty, knitanA. - 1 N 00°31'40'E I 30.00' - By: { I G//••dd EGE S p[''ET Clerk-anA RecordeC p SW CORNER SECTION 12 O0 0-0 ® .. _....__ .. y .0...,0-......J..�..•,..-__.,_--._.._..-....e...._ ..-,.....__-. 0 o O � ERD B 511 Pi.' el-pu-I� City of Bozeman 01365 Receipt 00 $ VE Bozeman, Montana 11 - 3 19 9 d Received of `�_� r 1� the sum of U ollars for V a 'C By K �'�4-A0- 3.30s :w THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 * € * BOZEMAN, MONTANA 59715-0640 Co 00 November 30, 1990 Mr. James W. Kack 6531 Jackson Creek Road Bozeman, MT 59715 RE: File No. P-9019 -- College Park Professional Center - East, Minor PUD Subdivision Dear Mr. Kack: This letter is to inform you that the Bozeman City Commission, acting by and through the Director of Public Service, has reviewed and conditionally approved the minor prel-iminary plat for College Park Professional Center - East (A P. U.D. ) , located on Tracts 1A and 1B of College Park Professional Center East, City of Bozeman, Gallatin County, Montana. The proposed plat, as amended by the conditions outlined below, is found to be in general compliance with the Bozeman Area Subdivision Regulations, the Montana Subdivision and,Platting Act, the Bozeman Area Master Plan, and the Bozeman Area Zoning Code. This approval is contingent on the following conditions being met prior to Final Plat approval : 1 . Article XV, Maintenance, Section 1 , Exterior Maintenance of the N�7� �By-Laws (Page 10) shall be amended to delete the word,"units" . The V,1I� Amended By-Laws shall be filed with the Gallatin County Clerk and Recorder at the same time the Final Plat is filed. 2 . All recorded property owners must sign the Certificate of Consent, and a Certificate of Planning Director shall be added to the face of the Final Plat. 3. All access during construction shall be limited to the eastern access (as shown on the Preliminary Plat) , and the shared access on the western boundary shall not be utilized by construction vehicles. 4. The developer shall sign a Waiver of Right to Protest the Creation of Special Improvement Districts for a proportionate share of the cost of the installation of a traffic light at the intersection of South 19th Avenue and College Street, prior to Final Plat approval . HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Mr. James W. Kack November 30, 1990 Page 2 5 . The developer of each lot shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in. accordance with the conditions imposed on the Preliminary Plat approval when building plans for each lot of the PUD are approved. If the_Final Site Plan for each lot of the PUD is to be approved prior to the installation of all improvements, the developer of that lot shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. The conditional approval of the Preliminary Plat shall be in force for not more than one ( 1 ) calendar year. However, thirty days prior to the expiration date of November 30, 1991., you may submit a written request for an extension to the Planning Office. I would remind you that title to any of the resultant tracts of this Minor Subdivision PUD may not be transferred until the Final Minor Subdivision Plat is approved and recorded in the Clerk and Recorder's Office. Sincerely, Phillip J . Worbes Public Service Director City of Bozeman PJF/dla cc: Dennis Foreman, Gaston Engineering BOZEMAN CITY-COUNTY PLANNING STAFF STAFF REPORT ITEM: PLANNING APPLICATION NO. P-9019 -- AN APPLICATION FOR PRELIMINARY PLAT APPROVAL OF COLLEGE PARK PROFESSIONAL CENTER, EAST - A PLANNED UNIT DEVELOPMENT MINOR SUBDIVISION APPLICANT: JAMES W. KACK, 6531 JACKSON CREEK ROAD, BOZEMAN DATE: NOVEMBER 20, 1990 REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description The property in question is described as the Amended Plat of College Park Professional Center - East (a P.U. D. ) , located in the SW 1/2 of Section 12 , T2S, R6E, P.M.M. , City of Bozeman, Montana. The property is more generally described as 1711 West College Street, and consists of 2. 143 acres to be divided into four lots. Three of the lots will be used for office use and the fourth will be held in common ownership and would contain most easements, the interior road, common parking, and common open space areas. Access to the development is from West College Street. W _ • . F MR-0 N 1 W' - � � z COUNTY III LR-0 & =7 il 1 LAW AND JUSTICE i Y BUILDING �� F If PLI- T 4-T --- ---�- Lj t PROPOSED MINOR , SUBDIVISION P.U.D. AM C Background/Proposal A Conditional Use Permit was granted to Mr. James W. Kack in June 1987 to allow a zoning Planned Unit Development office park with construction of up to 18, 000 square feet of business and professional offices in five buildings on the above-referenced property. The development was proposed to occur in five phases with the buildings maintained as office condominiums. Phase one of the project had been completed in 1984 after receiving a Conditional Use Permit for a PUD, but because the subsequent buildings were not constructed within the proposed time-frame, it was necessary for the project to go back through the review process in 1987 . Development Guidelines were adopted for the development, which include By-Laws for a property owners association for the common property. In early October, 1990, Mr. Kack requested minor modifications to the 1987 zoning PUD which included changing the form of ownership within the PUD from condominium ownership to deeded ownership of platted lots, a change in the proposed configuration of buildings from five to three, with the third building being two- story with a footprint of just under 7 ,000 sq. ft. , and several other minor modifications including the location and number parking spaces and a cut-across service road connecting the two legs of the private drive. These minor modifications were reviewed by the Planning Director and Design Review Board and after evaluating the revised conceptual site plan and attendant elevations of the proposed two-story building, it was found that the requested modifications would not change the character of the PUD or alter the intent of the developmental guidelines. Based on those findings, the Planning Director approved the requested modifications with the exception of the cut-across service road. It was determined that the road would interfere with the function of the open space, which was an integral design element of the original PUD. The developer was notified of this approval , and was also informed that he must receive approval of a Minor Subdivision PUD In order to change the form of ownership within the PUD from condominium ownership to deeded ownership of platted lots. Staff Findings In essence, the concept of this proposed subdivision PUD has been approved through the zoning PUD process. The major difference now is that the property is being subdivided so the land can be sold with the buildings instead of the buildings being sold/leased as condominiums. 2 The property is currently serviced by City sewer and water, and sufficient utility easements are provided on the Amended Plat. Because this subdivision is a minor commercial subdivision, park land dedication is not required. However, Planned Unit Developments are required to dedicate not less than thirty percent of the area of the PUD, exclusive of all other dedications, for dedicated park and/or open space. Fifty percent of the required open space must be held in common ownership, and land occupied by buildings, streets, driveways, or parking spaces may not be counted in satisfying this open space requirement. A total of 14,002 square feet of common open is required to meet this requirement, and according to the Site Plan submitted with the application, this requirement has been met. A Waiver of Right To Protest the Creation of SIDs for curb, gutter, sidewalk, paving and improvements to West College Street was signed by the applicant on December 30 , 1987 , and covers the entire proposed subdivision . The Director of Public Service has requested that the Developer sign a Waiver of Right to Protest the Creation of SIDs for a proportionate share of costs associated with the installation of a traffic light at the South 19th Avenue and College Street intersection. Access for the development was adequately reviewed and approved during the zoning PUD, and because the number of buildings is being reduced and a small reduction in the overall square footage of all buildings will occur, there should be no increase in traffic or access impacts. Compliance with the Bozeman Area Master Plan and Zoning Ordinance The property in question is designated in the October 1990 Bozeman Area Master Plan Update Land Use Map as "Urban Residential Infill " . The Urban Residential Infill designation is applied to areas within the current City limits where residential development at urban densities is appropriate. The current zoning of the property, "Residential-Office" , is consistent with the density provisions outlined in the Master Plan. The intent of the "Residential-Office" zone is to provide for and encourage the development of professional offices, business headquarters, and compatible multi-family and apartment development that would blend well with adjacent land uses. Therefore, the subdivision is in compliance with the Bozeman Area Master Plan. Land Use Development Guidelines Staff has reviewed the Land Use Development Guidelines and finds that they have been revised to reflect the modifications made in the development. A new "Exhibit F - Improvements Agreement" will be required to be signed if all site improvements are not complete prior to Final Plat approval . 3 e r 1 Amended By-Laws of College Park Professional Center - East Article XV, Maintenance, Section 1 , Exterior Maintenance (page 10) should be revised as follows: Delete the reference to "units" in the last sentence of the first paragraph of this section. Also the second paragraph of this Section should be revised to delete the reference to individual building "units" . The amended By-Laws must be filed with the Gallatin County Clerk and Recorder when the Final Plat is filed. Plat Requirements All recorded property owners of the land in question must sign the "Certificate of Consent" , more particularly, Joanne Bee Kack. A "Certificate of Planning Director" must be added to the plat, and shall read as follows: I , Andrew C. Epple, Planning Director of the City-County Planning Board, have reviewed the accompanying amended plat and find that it conforms to subdivision requirements of Section 76-3-101 through 76-3-614, M.C.A. Public Interest Criteria As required by State Statute, all subdivisions must be reviewed by the following criteria. Staff has reviewed these criteria and offers the following comments: 1 . Basis of Need for the Subdivision The Basis of Need for this subdivision appears to be based on the developer' s desire to subdivide the land. It should again be noted that the property has been "subdivided" through the zoning PUD, and that this subdivision will now plat the individual lots for sale. 2 . Expressed Public Input Because this is a Minor PUD and is reviewed in-house, the application is not advertised as a public hearing . Staff has received a letter from Dr. Brian Rogers, who owns the medical building immediately west of the proposed Minor Subdivision PUD. Dr. Rogers states in his letter that he has reviewed the proposed site plan and elevations for the proposed structure on lot 3 , and expressed concern that there will be a " lack of architectural continuity between the proposed buildings and the two existing buildings" . He also states his concern that the construction traffic be limited to use of the eastern entrance. There is an existing shared access between Dr. Rogers' building and the existing building in College Park Professional Center. It would 4 1— 71 - k r appear to be appropriate to limit access during construction to the proposed eastern access. 3 . Effects on Agriculture There is no current agricultural use on the property. Because of the developed nature of the area, it would appear that there would. be no effect on agriculture. 4. Effects on Local Services A condition was placed on the zoning PUD approval that the applicant provide documentation to the City Engineer for review and approval concerning water and storm sewer extensions, storm drainage detention ponds, easements, and adequate snow removal storage areas prior to Final Site Plan approval . Because Final Site Plan approval was granted, it would appear that this condition has been met. It should be noted that the construction of any new building in the development will be reviewed by the Development Review Committee, and this review should ascertain that any effect on local services will be adequately addressed. 5 . Effects on Taxation The proposed subdivision should not have a significant impact on taxation. 6 . . Effects on the Natural Environment There are no known natural features on the property which should be adversely affected by this subdivision . 7 . Effects on Wildlife and Wildlife Habitat Due to the developed nature of the area, there should be no adverse effect on wildlife and wildlife habitat. 8. Effects on Public Health and Safety No significant public health and safety issues have been identified. Compliance with the appropriate state and local regulations should adequately protect the public. Conclusion The Planning Staff' s review of the proposed Minor Subdivision PUD indicates that the development is in compliance with the Bozeman Area Master Plan and the Bozeman Area Subdivision Regulations. The Staff recommends, through this Summary Review, conditional approval of College Park Professional Center - East, Minor Subdivision PUD with the following conditions: 5 o 1 . Article XV, Maintenance, Section 1 , Exterior Maintenance of the By-Laws (page 10) .sha.11 be amended to delete the word "units" . The Amended By-Laws shall . be filed with the Gallatin County Clerk and Recorder at the same time the Final Plat is filed . 2 . All recorded property owners must sign the Certificate of Consent, and a Certificate of Planning Director shall be added to the face of the Final Plat. 3 . All access during construction shall be limited to the eastern access (as shown on the Preliminary Plat) , and the shared access on the western boundary . shall not be utilized by construction vehicles. 4. The developer shall sign a Waiver of Right to Protest the Creation of Special Improvement Districts for a proportionate share of the cost of the installation of a traffic light at the intersection of South 19th Avenue and College Street, prior to Final Plat approval . 5 . The developer shall enter into an Improvements 'Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the conditions imposed on Preliminary Plat approval when each Phase of the PUD is approved. If the Final Site Plan for each Phase of the PUD is to be approved prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 6 WAIVER OF RIGHT TO PROTEST CREATION OF. SPECIAL IMPROVEMENT DISTRICTS FOR INSTALLATION OF A TRAFFIC CONTROL DEVISE AT THE INTERSECTION OF SOUTH 19TH AVENUE AND COLLEGE STREET WE, as the undersigned owners of the real property situated in the County of Gallatin , State of Montana, and more particularly described as follows: The Amended Plat of College Park Professional Center - East (a P.U. D. ) , located in the SW 1 /4 of Section 12 , T2S, R6E, P.M.M. , City of Bozeman, Montana, and more commonly known as 1711 West College Street IN CONSIDERATION of receiving Preliminary Plat approval of a Minor Subdivision P.U. D. to create three building sites on the above-referenced property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged , in recognition of the traffic impacts that will be generated by the development of the above-described property, have waived and do hereby for ourselves, our heirs, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts for the installation of a traffic control device at the intersection of South 19th Avenue and College Street, or to make any written protest against the proposed work or against the extent or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. The waiver will be exercised when future traffic counts demonstrate a signal in this area is needed, and participation in said SID will be limited to a prorata share based on the findings of an independent traffic impact study. This waiver shall be a covenant running with the land and shall not expire. 2/3. . . Waiver of Right to Protest Creation of Special Improvement District for Signalization at South 19th and College James W. Kack, etal We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. DATED this day of 1990. James W. Kack Joanne Bee Kack John J . McKenna, Jr. Patricia McKenna STATE OF MONTANA ) ss County of Gallatin ) On this day of 1990, before me, a Notary Public for the State of Montana, personally appeared JAMES W. KACK known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. Notary Public for State of Montana Residing: Commission Expires: STATE OF MONTANA ) : ss County of Gallatin ) On this day of 1990, before me, a Notary Public for the State of Montana, personally appeared JOANNE BEE KACK, known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. Notary Public for State of Montana Residing: Commission Expires: zw.4i�f� Waiver of Right to Protest +' Creation of Special Improvement District for Signalization at South 19th and College James W. Kack, etal ■ STATE OF MONTANA ) a ss , . County of Gallatin ) On this day of 1990, before me, a Notary Public for the State of Montana, personally appeared JOHN NO J . MCKENNA, JR. , known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto 'set my hand and set my seal the day and year first above written. , r Notary Public for State of Montana Residing: Commission Expires: STATE OF MONTANA ) ss County of Gallatin ) On this day of 1990, before me, a Notary Public for the State of Montana, personally appeared PATRICIA MCKENNA, known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. Notary Public for State of Montana Residing: Commission Expires: i s BOZEMA?P CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA$9715 PLANNNG OFFICE PHONE:(406)566-3321 Ext.227 November 30 , 1990 P. Brian Rogers, M. D. , P.S. 1727 West College Bozeman, MT 59715 RE: Preliminary Plat Application for College Park Professional Center - East Dear Dr-. 'Rogers: The City of Bozeman has recently completed its review of the Preliminary Plat application for. College Park Professional Center East, a Minor Subdivision Planned Unit Development. Your letter of October 29, 1990, which was addressed to Andy Epple, Planning Director, was considered during the review of the project, and I would like to address those concerns at this time. First, you expressed concern regarding a guarantee of architectural continuity between the proposed buildings and the two existing buildings. As you may know, Mr. Kack's property was approved as a zoning Planned Unit Development in 1988, and with that approval , Land Use Development Guidelines were required . These Guidelines mandate the formation of an "Architectural Committee" which must review all proposals, and thave enclosed a copy of that Section for your review. The Guidelines also contain.. a sketchbook of architectural designs and examples which I am also enclosing. It would appear that your concerns regarding continuity of the buildings should be addressed with these guidelines. Your second concern was regarding the proposed paving-block driveway immediately south of the Hamilton Store building. The plans for the proposed cut-across service road which would have connected the two legs of the private drive were denied. The new . Conceptual Plan submitted for the area shows this area as grass and landscaping, with only a walkway from the other building sites to the Hamilton Store site. These plans are on file in our office should you wish to review them. P. Brian Rogers, M.D. November 30, 1990 Page 2 To address your concern that construction traffic not use the existing shared access between your building and John McKenna' s building, a condition was placed on the approval of the Preliminary Plat that "All access during construction shall be limited to the eastern access (as shown on the Preliminary Plat) , and the shared access on the western boundary shall not be utilized by construction vehicles. " This condition should solidify Mr. Kack 's assurance to you that the eastern entrance will be used for construction traffic. Should you notice construction traffic using the western access , you may contact our office and we wi 11 discuss the condition with the contractors. I hope this answers all of the questions and concerns you had regarding this minor subdivision. Should you have any further questions , or if you would like to review the file, please feel free to contact me. Sincerely, Debbie Arkell Assistant Planner DA/dla Enc. cc : James W. Kack BOZEMAN CITY-COUNTY PLANNING STAFF STAFF REPORT ITEM: PLANNING APPLICATION NO. P-9019 -- AN APPLICATION FOR PRELIMINARY PLAT APPROVAL OF COLLEGE PARK PROFESSIONAL CENTER, EAST - A PLANNED UNIT DEVELOPMENT MINOR SUBDIVISION APPLICANT: JAMES W. KACK, 6531 JACKSON CREEK ROAD, BOZEMAN DATE: NOVEMBER 20, 1990 REPORT BY: BOZEMAN CITY-COUNTY PLANNING STAFF ----------------------------------------------------------------- Location/Description The property in question is described as the Amended Plat of College Park Professional Center - East (a P.U.D. ) , located in the SW 1/2 of Section 12 , T2S, R6E, P.M.M. , City of Bozeman, Montana. The property is more generally described as 1711 West College Street, and consists of 2. 143 acres to be divided into four lots. Three of the lots will be used for office use and the fourth will be held in common ownership and would contain most easements, the interior road, common parking, and common open space areas. Access to the development is from West College Street. Y R-0 Z ._.•_ W I 1 41 ZF T W L COUNTY _ �i -_ta7, 6 r� LAW AND JUSTICE BUILDING PLI- T L u PROPOSED MINOR `J I SUBDIVISION P.U.D. 1, . 1 Background/Proposal A Conditional Use Permit was granted to Mr. James W. Kack in June 1987 to allow a zoning Planned Unit Development office park with construction of up to 18,000 square feet of business and professional offices in five buildings on the above-referenced property. The development was proposed to occur in five phases with the buildings maintained as office condominiums. Phase one of the project had been completed in 1984 after receiving a Conditional Use Permit for a PUD, but because the subsequent buildings were not constructed within the proposed time-frame, it was necessary for the project to go back through the review process in 1987 . Development Guidelines were adopted for the development, which include By-Laws for a property owners association for the common property. In early October, 1990, Mr. Kack requested minor modifications to the 1987 zoning PUD which included changing the form of ownership within the PUD from condominium ownership to deeded ownership of platted lots, a change in the proposed configuration of buildings from five to three, with the third building being two- story with a footprint of just under 7 ,000 sq.ft. , and several other minor modifications including the location and number parking spaces and a cut-across service road connecting the two legs of the private drive. These minor modifications were reviewed by the Planning Director and Design Review Board and after evaluating the revised conceptual site plan and attendant elevations of the proposed two-story building, it was found that the requested modifications would not change the character of the PUD or alter the intent of the developmental guidelines. Based on those findings, the Planning Director approved the requested modifications with the exception of the cut-across service road. It was determined that the road would interfere' with the function of the open space, which was an integral design element of the original PUD. The developer was notified of this approval , and was also informed that he must receive approval of a Minor Subdivision PUD In order to change the form of ownership within the PUD from condominium ownership to deeded ownership of platted lots. Staff Findings In essence, the concept of this proposed subdivision PUD has been approved through the zoning PUD process. The major difference now is that the property is being subdivided so the land can be sold with the buildings instead of the buildings being sold/leased as condominiums. 2 The property is currently serviced by City sewer and water, and sufficient utility easements are provided on the Amended Plat. T-tie A_ss;s`a-` G;may-Ens-i-neer--has-po-ted-that-the-ne-i-s-not-a-ste-r--m— <sewer--li-ne-a�-otaQ-the-we.s.t-pa-o�e�i;y-�-i-r-te—arid-t-ha�-t#e"s-ter--m-sewe-r-3' �-- .not a-t*e,n -orr-lie-p-1-at-s hou4d-be-ehan ge-d-to-r-ead-.I -an-i t ar-y-sewe-ra .eas-emep't. Because this subdivision is a minor commercial subdivision, park land dedication is not required. However, Planned Unit Developments are required to dedicate not less than thirty percent of the area of the PUD, exclusive of all other dedications, for dedicated park and/or open space. Fifty percent of the required open space must be held in common ownership, and land occupied by buildings, streets, driveways, or parking spaces may not be counted in satisfying this open space requirement. A total of 14,002 square feet of common open is required to meet this requirement, and according to the Site Plan submitted with the application, this requirement has been met. A Waiver`..of Aight_S_oProtest tkte Cr_eatioryo SI s for curb, gutter, sidewalk, paving and improvements to West College Street was signed by the applicant on December 0;198-7— covers the entire proposed subdivision. =;c�a @ /9 o Access for the development was adequately reviewed and approved during the zoning PUD, and because the number of buildings is being reduced and a small reduction in the overall square footage of all buildings will occur, there should be no increase in traffic or access impacts. Compliance with the Bozeman Area Master Plan and Zoning Ordinance The property in question is designated in the October 1990 Bozeman Area Master Plan Update Land Use Map as "Urban Residential Infill " . The Urban Residential Infill designation is applied to areas within the current City limits where residential development at urban densities is appropriate. The current zoning of the property, "Residential-Office" , is consistent with the density provisions outlined in the Master Plan. The intent of the "Residential-Office" zone is to provide for and encourage the development of professional offices, business headquarters, and compatible multi-family and apartment development that would blend well with adjacent land uses. Therefore, the subdivision is in compliance with the Bozeman Area Master Plan. Land Use Development Guidelines Staff has reviewed the Land Use Development Guidelines and f i nds that they have been rev i sed to ref 1 ect the mod i f i cat i ons made in the development. A new "Exhibit F - Improvements Agreement" will be required to be signed if all site improvements are not complete prior to Final Plat approval . 3 Amended By-Laws of College Park Professional Center - East Article XV, Maintenance, Section 1 , Exterior Maintenance (page 10) should be revised as follows: Delete the reference to "units" in the last sentence of the first paragraph of this section. Also the second paragraph of this Section should be revised to delete the reference to individual building "units" . The amended By-Laws must be filed with the Gallatin County Clerk and Recorder when the Final Plat is filed. Plat Requirements he "s o sewer" a sement re erence should be Chan ed to�ady "s - i t ry ewe et er a recoda i o he Qss�(stant Q��En sneer. All recorded property owners of the land in question must sign the "Certificate of Consent" , more particularly, Joanne Bee Kack. A "Certificate of Planning Director" must be added to the plat, and shall read as' follows: I , Andrew C. Epple, Planning Director of the City-County Planning Board, have reviewed the accompanying amended plat and find that it conforms to subdivision requirements of Section 76-3-101 through 76-3-614, M.C.A. Public Interest Criteria As required by State Statute, all subdivisions must be reviewed by the following criteria. Staff has reviewed these criteria and offers the following comments: 1 . Basis of Need for the Subdivision The Basis of Need for this subdivision appears to be based on the developer's desire to subdivide the land. It should again be noted that the property has been "subdivided" through the zoning PUD, and that this subdivision will now plat the individual lots for sale. 2. Expressed Public Input Because this is a Minor PUD and is reviewed in-house, the application is not advertised as a public hearing. Staff has received a letter from Dr. Brian Rogers, who owns the medical building immediately west of the proposed Minor Subdivision PUD. Dr. Rogers states in his letter that he has reviewed the proposed site plan and elevations for the proposed structure on lot 3, and expressed concern that there will be a " lack of architectural continuity between the proposed buildings and the two existing 4 buildings" . He also states his concern that the construction traffic be limited to use of the eastern entrance,. There is an existing shared access between Dr. Rogers' building and the existing building in College Park Professional Center. It would appear to be appropriate to limit access during construction to the proposed eastern access. 3. Effects on Agriculture There is no current agricultural use on the property. Because of the developed nature of the area, it would appear that there would be no effect on agriculture. 4. Effects on Local Services A condition was placed on the zoning PUD approval that the applicant provide documentation to the City Engineer for review and approval concerning water and storm sewer extensions, storm drainage detention ponds, easements, and adequate snow removal storage areas prior to Final Site Plan approval . Because Final Site Plan approval was granted, it would appear that this condition has been met. It should be noted that the construction of any new building in the development will be reviewed by the Development Review Committee, and this review should ascertain that any effect on local services will be adequately addressed. 5. Effects on Taxation The proposed subdivision should not have a significant impact on taxation. 6. Effects on the Natural Environment There are no known natural features on the property which should be adversely affected by this subdivision. 7 . Effects on Wildlife and Wildlife Habitat Due to the developed nature of the area, there should be no adverse effect on wildlife and wildlife habitat. 8. Effects on Public Health -and Safety No significant public health and safety issues have been identified . Compliance with the appropriate state and local regulations should adequately protect the public. 5 Conclusion The Planning Staff ' s review of the proposed Minor Subdivision PUD indicates that the development is in compliance with the Bozeman Area Master Plan and the Bozeman Area Subdivision Regulations. The Staff recommends, through this Summary Review, conditional approval of College Park Professional Center - East, Minor Subdivision PUD with the following conditions: 1 . Article XV, Maintenance, Section 1 , Exterior Maintenance of the By-Laws (page 10) shall be amended to delete the word "units" . The Amended By-Laws shall be filed with the Gallatin County Clerk and Recorder at the same time the Final Plat is filed. 2, The/ ference on the Plat to the 15-foot wide "storm--sewer ea em 4it s al l be—eh� ed to t r ce a -5-- oo wi dew sanitary sewer' easement. 3. All recorded property owners must sign the Certificate of Consent, and a Certificate of Planning Director shall be added to the face of the Final Plat. 4. All access during construction shall be limited to the eastern access (as shown on the Preliminary Plat) , and the shared access on the western boundary shall not be utilized by construction vehicles. 5 . The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the conditions imposed on Preliminary Plat approval . If the Final Plat is to be approved prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements'. 6 �` �:�-�'`���. .'�•.,.� ;'" =ems -, "�•i41•t. 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CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA EXISTING 1 I COLLEGE SUBDIVISION 2' GAS EXISTING 8' SANITARY SEWER MAIN MAN TRACT 2 55' WIDE UTILITY 37 38 379.75' S.00 EASEMENT '.45'35'NV \ A-0—A 1� m m 39 125.00' 41 %'�IC SNO STORAGE I I II i STORM DETENTION POND ARE 2' DEEP I ._._... .--"-ss----...--- ss - s ss --- - § - -ss _.. I I � TOP 37.50 BTM. 35.50 °� EXIST. MANHOLE '� PROPOSED PROPOSED i 1 RIM 4839.00 I-I/2' WATER 5' WIDE 1 INV,IN.-4832.29 SERVICE CONCRETE INV.CUT-4832.19 (TYP) 3 00A6'40' \, — SIDEWALK i _ W — 3 00'46' E ----I �v w ---�:----- -- ---err•--- -vr-- �-`-- -- — --- I i--�-�-EXISTING EDGE OF PAVING --- i PROPOSED CURB TYP. - m . . m m ®c, . m% 12' WIDE TELEPkONE EAXISTINGS� 1 I I 7 EEMENT FIRE HYDRANT B.M,360-N.E. B0LT-4846.24 OFFICE BUILDING I �&e'$ LOT 2 as� 4 I LOT 3 9 aPI/42 1 k LJL N 20' WIDE SANITARY S ° ZI--- ® i SERVICE EASEMENT (PRIVA ( ) NAMILT N STO S INC. o� �J 1 i ®®®m m�m�.m T°P Q cd I \ c Ix N 00'45'35' E 9 U 01 ;_ % / 3 00'31'40' W 9B 5Q: �q qr�� - W (A Q Qiuii�Sf>fY I �� i �_.._... -- a�§�. • ;--r -T-- 41 5/8' REBA12 , �l CD � 42 N, / ------ PROP INLET ED STORM -,�/ 1 Z INLET ' 'SS i I c9'9tt , �14 FT WIDE --, I U,11 7� TL RU-ROAD j A PAVED W/� Z B Z i jj W !�, RASPAVERS L I LOT I �p �'f POWER BOX!EXISTINGW WASERGMAIN i I � � RL- R 0-0' a .a (�VIXVELL ING ' C 341 _.._ ._ __ - - -. I -EXISTING 6' WATER MAIN M , � . \1', •_ E IS G FIRE 33 \. s m® .m®m m ..�- .. a m�m D NT I I---------------' `------------------------------------- N '40' 1713!' 1 r ---r-----�----I-----I-----T----r----r--- I 19 LF 15' STORM DRAIN �---- ------ -_: _.-.------------ --..._._ ..,_.... .- .AT 0.005% -\32 12' STORM t, AT 0.02% 401 3.00% y EXISTING IS' DRAIN STORM STORM MANHOLE ° �\ -- INVr31.20 . _ _ - . ._ ._ - --_. - __. _- _ - _-_ �� -. _-. N� - -� EXISTING STORM INLET 00'32'40' E 9850' EXISTING 20' P.C.P. CULVERT N. RIM-4838.98 ... l N. RIM'4843.80 33---348 a s -�36\,3 39 N.D�31'4�.s Si' I .' �. --------------- STORM DETENTION POND �--- - - -- ------- \ I I :------------j�.� I I I I I -----------------I .i__--->>.� i y TOP 36.00 1 ..... -.......-s5--- - $9 i' --____-- '--EXISTING MAN40LE SNOW STORAGE 130 LFSAT ED 10.03520RM j N ��----------i-' i I I --- I AREA `,. C.�S 309 DRAIN PL-EXTEND i , , i TRACT A EXISTING AI SANITARY '1---' __-_J_____1_____L_____l_..__J_____� SEWER MAIN 1 i SNOW STORAGE I ' � 15' WIDE STORM SEWER E AREA F-----}----- ---------1 1 r' ' i r�-I STORM D CITY MAINTENANCE , DRAININ A AT 0.0352% EASEMENT i L , EXISTING 12' ' t STORM DRAIN T SITE/PLOT PLAN -- 1 I ' T' - , SCALE I" = 20'-0" TR.I OF PLAT ON FILM 16 PAGE 1154 0 d 0 0 0 © ® 0 0 AMENDED PLAT OF COLLEGE PARK PROFESS I ONAI_ CENTER - EAST A P . U . D . ) BEING TRACTS IA & IB OF COLLEGE PARK PROFESSIONAL CENTER EAST LOCATED IN THE SWIi4 OF SECTION 12, T. 2 S. , R. 5 E. , P. M. M. , CITY OF BOZEMAN, GALLAT I N COUNTY, MONTANA FOR: JIM KACK OCTOBER 1990 BY: GASTON ENGINEERING AND SURVEYING BOZEMAN: MONTANA CERTIFICATE OF CONSENT We' tl,e undersigned property owners, do hereby certify that w Ged to be surveyed, subdivided and Platted into lots, blocks, scI wets and alleys, a shown by the plat and certificate of survey hereunto included, the following described tract of lands to-wit: DESCRIPT IDN NOTES A tract of land being Tract lA G i0 of College Park Professional Center - East located in the SW S of LOT I AREA 0.267 ACRE Section 12, T2S, R5E, P.M.M, City of Bozeman, Gallatin County, Montana, and being further described as LOT 2 AREA • 0.723 ACRE Follows: _ LOT 3 AREA 0.176 ACRE Beginning at a point which i, S 89° 411' 36" E a df stance of 333.30 feet. and N DO- 31' 40" E a distance of LOT 4 AREA 0.977 ACRE 30.nG [set Erom the SW corner of section 12, T2S, 11 said point also being the SE c r Of Tract 1 Of GROSS AREA •2.143 ACRES the.plat on Film 1G, Page 1154; thence along the East line of said tract N UO. 31' 4Go'r Eea distance of -N - NET AREA •2.143 ACRES 34D.6H feet to the BW corner of Tract A of Certificate of Survey No. 691; thence along the South line of said tract N 09° 57' 53" E a distance of 2f>B.US feet to the Nw corner of Tract 2 of College Subdivision: SCALE: 1" = 3 0' O I•X18" REBAR W/CAP SET thence along said line S 00° 45' 35" W a distance of 349.75 feet to the SW c of Tract 2: thence N p FOUND 5/8° REBAR WITH CAP D9° 40' 36" w a distance of 266.62 feet to the point of beginning. Said parcels being 2.143 acres along 30' 20' 10' 0' 30' 60' r m BASIS OF BEARING: COLLEGE PARK +i ch and subject to any existing ease en ts. PROFESSIONAL CENTER-EAST SUED The above-described tract of land is to be known and designated as the Amended Plat of College Park _ Professional Center - East (A PUD), Gallatin County, Montana. Dated this day of A.D., 1990, .l im Kack ---- - STATE OF MONTANA ) County of Gallatin ) ss On this day of - 1990, be.Eoxe me, a Notary Pub Lic in and for the State of Montana, pe.rs onnily appeared Jim Kack known to me [o be the person whose name is subscribed to in ITRA C T A OF C.O.S. 691 the above instrument, and who acknowledged to me the', he executed the same. I WITNESS my hand and seal, the day and year above first written. N 89°57' 53"E 268.05' Notary Publ1' for the State of — __ Residing at _ 1 My cam.rssion expires I ' N 99°5T 53"E 184.90' u_ _ SO i CERTIFICATE OF SURVEYOR ° II t, the undersigned, Dennis L. Foreman, Land SurveyUr, do hereby certify that during November 1990, I veyed Amend ona ed Plat of College Park Professil Center - East (A PRO) and platted same a shown on [he ' 30' WIDE UTILITY EASEMENT o.pany ing plat and as described in accordance will, Montana La••, and rile r Bozeman Area Subdivision h ace p ii i Regulations. 43' WIDE UTILITY EASEMENT k I Dated this __day of 1990. . I; i to ~ O I Registration 15606S -- II n I li LOT 2 I u I CERTIFICATE OF REMOVAL,OF SANITARY RESTRICTIONS Crf I A II O I, the Direor of public Q.723 ACRE i f I ctCollege Park Profess ional Ce itere� East (A POD) mto,Lhe City. If If OBozeman,OGal latinhCounty, Montana,Ois fD I 1 C - f� within the City of Bozeman Master Plan Area and can be provided with municipal facilities for Che s pp Ly ii M I of water and d;spoeal of sewage and solid waste. aTherefore under pro"nions of Section 76-4-124 (1), thls tract i ,ot sub j..L to sanitary rest c is cfon clwa ra nee. m o I m O Dated this day of _ 1990. Ii = h w i0 Phillip,I. Forbes a. TO a Director of Public Service m ii I City of Bozeman II C) CERTIFICATE OF DIRECTOR OF PUBLIC SERVICES Q o I � o � 0 J it i i I, the Director of Public Service, CiLy of Bozeman, CIO hereby certify that the accompanying plat has been Z 5V (.1 duly examined and has found the same eo conform CO law, approves it, and Hereby a cep Ls the sed icacion to 33' It public use of any and all lands sl,o,rt, on the plat as being dedicated to such use. - - - - - - - - N 89°48 33•W 184.20' I N Dated this day of LOT 4 (COMMON AREA) —I" ei,iiup�- Forbes t I� 0.977 ACRE -------- --------------- Q Director of Public Service h I. 89°40'33"E 1 I e.00'; S B9'4B'33•E 78,00' 4 ID• _ I.DY ED' WIDE SANITARY SEWER IV City Of. DO zwman SERVICE EASEMENT IV WIDE UTILITY CONSENT OF MORTGAGEES EASEMENT We, the untlersiynetl mortgay ee s, do lie reby join in anS con-,,L to L11. described plat, releasing o ur H espective liens, claims or encumbrances us' to any portion of said lands now being platted into streets, IS' WI E SToflM 9EWER a NAxIN , parks, Or other public uses and dedicated t0 the tint Of the public forever. AGCESS EASE MENi WITH ADJOINING y 2 h PR OPERTToo avenues, Dated this day of 1990. Or 0 o I LOT I $N LOT 3 I a Malmattal, scare Bank ti m I i 0.267 ACRE f'^ 0. 176 ACRE i F BY:It m a Subscribed and sworn to before me this day of _ 199G. Q O II I U O Notary Public for Llie State of Montana o O z I l I I Residing at ___ -^ My commission expires 89°4H'36'W IIB.00' N 89'40'36"W 78.00'-- IA CERTIFICATE OF COUNTY TREASURERun P.0.B. I2' - Treasurer wE Ga1laC i WIDE rELEPNONE EASEMENT n County, Montana, do hereby certify that the accom- �A N 8 9e 48' 3 6"w 266.62' psuebdinyinvide9 pdlat has been duly examined and that no real.,property Laxee rise.used and levied on the land to be axe delinquent. N 00°31'40°E 1 Dated this day of 1990. 30.00'I . � /°/1/ f p car - - - - -�S-T ]- - Treasurer o2 Gallaf In Coun[y S 89°40'36'E� —t'TVG L. °�SW CORNER SECTION 12 CERTIFICATE OF CLERK AND RECORDER I, Clerk and Recorder of Gallo Lin County Montana, do hereby certify that the foregoing instrument was Ei led in my office at _o'clock, (a.m. r p.m.), this day of . A.D., 19 and recorded in Do o ok _ of Plats on page R..or de of the Clerk and Recorder, Gallatin County, Montana. ---- _-"--- BY: Clerk and Recorder ' A CAD sT-SII PLT 47-5II Y James W.Kack 6531 Jackson Greek Rd. Bozeman;MT 59715 , _ (406)587-9488 r � • AMENDMENTS to: Land Use Development Guidelines for COLLEGE PARK PROFESSIONAL CENTER - East Originally filed/approved Jan. 4, 1988 Amended Nov. 12, 1990 INTENT: In paragraph two, the words "small (2000 to 7000 sq. ft. ) low-profile" shall be deleted from the first sentence. In the third paragraph, the words "individual condominium" . . shall . be deleted from the first sentence. In the fifth paragraph, the second sentence beginning with the words "Each phase or building. . ." the words "owner or owners" will replace the word "developer". LEGAL DESCRIPTION: The seF. legal description will- be: .AMENDED PLAT OF COLLEGE PARK PROFESSIONAL .CENTER - EAST ( A P.U.D. ) Located 'in SWJ Sec. 12 Twsp 2S R5E PMM City of Bozeman Gallatin County Montana BUILDING PERMIT PROCEDURE: In the first paragraph, the first sentence beginning with the words "Each phase or building site. . ." shall be deleted. A new first sentence reading: Each phase or lot will be prepared by its owner or owners who will be responsible for installation of all utilities, drainage, landscaping, parking, curb and gutter, sidewalks and exterior lighting. SIGNAGE: The,.<ervtire paragraph will be revised to read as follows: Signage will conform to Chapter .18.65 of the Bozeman Zoning Code. All . proposed individual building signage,shall be reviewed 'by the Board of Directors of the CPPC-East Property Owners Association, and approved or denied by a majority of directors voting thereon. LANDSCAPING: In the first sentence,, the words "Building owners" will replace the word "developer". In the second sentence, the word "common" is inserted between the words "planted areas". EXTERIOR (Parking) LIGHTING: The section will be replaced so as to read: Building owners will furnish luminaire fixtures in the parking areas as per the existing type/style installed at building one, and shown on Site Plan attached. The CPPC-East Association board of directors will determine the hours of operation for all parking lights. MEMORANDUM my O.5 � S 7 V r CEP E We ANNINGiDIRECTORW-ss, G�/'//4 V" FROM: DEBBIE ARKELL, ASSISTANT PLANNER DATE: NOVEMBER 20 , 1990 RE: P-9019 -- KACK'S MINOR SUBDIVISION e'UD ----------------------------------------------------------------- Attached please find the Staff Report, memo to Phill Jl'74 requesting his review and approval of the application , and the approval letter to be signed by Phill for the above-referenced project. Please review the Staff Report, and if acceptable, have Donna make a copy of the Report to forward to Phill with my memo and approval l ette also make copies of memo and l ett for file) . Thanks. � i r MEMORANDUM TO: PHILL FORBES, PUBLIC SERVICE DIRECTOR FROM: DEBBIE ARKELL, ASSISTANT PLANNER DATE: NOVEMBER 21 , 1990 RE: PLANNING APPLICATION #P-9019 -- AN APPLICATION FOR PRELIMINARY PLAT APPROVAL OF COLLEGE PARK PROFESSIONAL CENTER, EAST - A PLANNED UNIT DEVELOPMENT MINOR SUBDIVISION ----------------------------------------------------------------- Pursuant to Section 16. 14.030(C and D) of the Bozeman Area Subdivision Regulations, the Planning Director has granted Summary Review to the above-referenced Minor Subdivision PUD. This approval is subject to your review and approval , per the Minor Subdivision Summary Review procedures (Section 16. 08.030) . Please review the attached Staff Report, which has been prepared for this subdivision, and if you concur with the Staff's findings and recommended conditions, sign the attached approval letter and return the letter to our office for mailing to the applicant. Should you have questions regarding the Staff Report or any of the suggested conditions, please contact Andy Epple or me. Thank you for your assistance in reviewing this Minor Subdivision P.U.D. DA/dla Enc. - 1 97 0-c yy 0,0 U � L36) - l Ov ,)--a 0 Z k rvv U w _ V _ 1 f � �� � _ ♦ i � 5 q , . .1 '/ �� .i �� �� �` � r� � _ t •�•� ' .. � • F � _. i j �� - � - - • y i { ,q +� 1 ___ � . , f a ., - � . iA ?' . ' :0 •_ .. _ _ - {, .. s BOZEMAO CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 November 7, 1990 Mr. James W. Kack 6531 Jackson Creek Road Bozeman , MT 59715 Dear Jim: By letters dated October 9 and October 30, 1990, you have requested that I approve certain "minor modifications" to the approved Planned Unit Development (PUD) for College Park Professional Center East (CPPC - East) . The modifications include changing the form of ownership within the PUD ( from condominium ownership to deeded ownership of platted lots ) , and a change in the propsed configuration of buildings ( from"up to five" to three, with the third building being two-story with a footprint of just under 7 ,000 square feet) . Several other modifications were also shown on a revised conceptual site plan which accompanied your request, including the location and number of parking spaces, and a cut-across service road connecting the two legs of the private drive. On October 30, 1990, the Design Review Board (DRB) of the City of Bozeman reviewed your proposed revisions at a regularly scheduled meeting . I had requested that the DRB look at the proposal and provide me with some direction as to whether the changes would alter the . intent of the Land Use Development Guidelines which were integral to the approval of the PUD. (Please refer to my memo to the DRB dated October 30, 1990. ) After evaluating the revised conceptual site plan and attendant elevations of the proposed two-story building , the DRB unanimously concluded that the requested modifications, with one exception , would not change the character of the PUD or alter the intent of the developmental guidelines. The exception was the cut-across service road referred to above. . . the consensus here was that said road would interfere with the function of the open space, which was an integral design element of the original PUD approval . In finding that the other requested modifications would not alter the intent of the approved PUD, the DRB noted that the revised site plan would : 1 ) increase the total amount of open space on the property; 2) reduce the overall floor-area-ratio of the prooerty; 3) not exceed allowable height limits; and 4) - incorporate a compatible architectural style. It was also noted , with regard to the height of the two-story building , that it would be located on a portion of the lot which is four to six feet lower than the front of the lot, thereby mitigating any Mr. James Kack November 7 , 1990 page 2 of 2 impact caused by the additional height. Therefore, in accordance with the SUMMARY section of the Land Use Developmental Guidelines, I * hereby approve the requested modifications pertaining to site and building design and PUD ownership; with the exception of the above-referenced cut-across service road , which is not an approved minor modification. To effectuate these modifications, you must now revise the Land Use Developmental Guidelines, including the Intent Statement, Declaration of By-Laws, Legal Description , Site Plan , and any other relevant sections, to reflect these changes. Please be advised that the Legal Description section will need to be accomplished through a Minor Subdivision PUD platting procedure, subject to review and approval of the Director of Public Service. Title to any of the resultant tracts may not be transferred until the Minor Subdivision PUD is approved and recorded in the Clerk and Recorder' s office. The Site Plan revisions will need to be depicted on a revised Master Plan. Should any future owners o.f properties within the PUD wish to pursue the option of developing the cut-across service road , they may do so by applying for review and approval - through the Conditional Use"Permit process. If you have any questions , please do not hesitate to contact me at your convenience. Sincerely, Andrew C. Epple, AI P Planning Director cc : Mr. Frank Cikan Mr. Terry Povah BOZEMAN CITY-COUNTY PLANNING OFFICE P. 0. BOX 640 BOZEMAN, MT 59715 (406) 586-3321, Ext. 227 PRELIMINARY PLAT APPLICATION ------------------------------------------------------------------ Major Subdivision Name of Development College Park Prof. Minor Subdivision X Center East PUD 1. Name and address of property owner: Jim Kack, 6531 Jackson Creek Road, Bozeman 2. Name and address of applicant: Same 3. , Name and address of representative: N/A 4. Location (legal) Tract 1A &1B of College Park Park Professional Center EAst Common address: College STreet 5. Total Acres: 2. 143 ad Total Number of Lots: 4 Gross: 2. 143 Net: 2. 143 6 . School District: Boz #7 Fire District: City 7. Date of Preapplication Approval: 8. Indicate the proposed use (s) and number of lots or spaces in each: Residential, single family Residential, multiple family (specify) 3 Planned Unit Development (No. of units) Condominium (No. of units) Recreational or Second Home Mobile Home Park Recreational Vehicle Park Commercial or Industrial Other (Please describe) 9. Current land use: Commercial and vacant Existing zoning or other regulations: R-0 Depth to ground water: Depth to bedrock, etc. : 10. I (we) state that I (we) am/are the applicant (s) of this appli- cation and that the foregoing statements and answers herein made and all data, information, and evidence herewith submitted are in all respects, to the best of my (our) knowledge and belief, true and correct. pplicanty1-s Signature Owner' s Signature Applicant' s Signature Owner' s Signature Date: Fee: Receipt No.