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P-.8706 . RRELIMINART PLAT. SPRING MEADOW SUBDIVISION S.p'rirtg--ieadow-Pa:rtriership, applicants !� j Graf Street 4/6/87 Z a C O. O ti i l _ 4. r ., �� � a�- ��A�` ��'��' \\\c6, i;c� - K.:�1-a..ram�• �y.'•.�' ,.�:,;.��.'�'" r, 1 , 1 i ! I 1 t `k �1 � 4 a, J Y 1't per• � J� -' �S Y-� V v ���\�� �o 1 . `�� �►moo.\ �i� �\ate �,,�-�. 6 4 cob. �4i z P ....1_._ � -- --- ._-- - ---- - — - - r... ,..__ ,,, , , • . . ,,.: A. z �. ... r ..r a.: .:: ... .,. , ..., . .. - .. ..-..L '. , ,. Y.. ... :.. .. ., r '.... .. .. - v., .. , .a a "t ..: •^"n ,_ .. I.�I1—�.r ,- ---..,II..L 1.1/-I--�.,1,I�II�..�1�.I..\I,,..��.,,;�....�I._I..\,-.\�.I.:--.�I-,_-'—[I,1���..�...�_,.I(.I1\\,/).j�C��/.�—_..*I.,�.I�I.�7-�,._�-,b..��_,i/:I.-..Z.�7%,.I I!��b�I I.--t,.=' ,-.�-b,-.;1.-\--)�._�.I,:_-)I,j 1I I/I,.\I:�-I I.-�.I,..,I:.4\�-.II--,.-,).'.1.,/":.,,�,"�.�.I,,.I..I./.�,��1../...1:L...,I.1��.I\:"4�.I,I:�I.I,.:,.I,+1"�.)�.�-../,�I�.I,�I I, �'-��-.-�,:,I,)I�'I I,."j\I�_I�-���I'...\.,�I,--�.,\\....�-��:�.I II`.I,I.7_—�..!,..,.\.,I iI-,.II:.,I1II-�.1,I.I.�1,IN I ,II.�1�..�\J/,I..\\./z., ..-\I...- w:,... ,. w ,. . . „ ,�......I,...����,e ii>_�.�I,I I�.I.a.-I...-�.2._r�--...2i\-..-�.l c..:.�I J,..".1t...1�.I.�4 I.i:.�,'..II�;;4.:�...�I..�.-II.1...AI.!�1.A41 I...I.�...'.;..,...--1..,...1.....,.,IJ-I.II�-..-;,.�-TI... PRELIMINARY PLAT. OF 1_.,I.b,I.1b..�".1b..I-//�;I..,-..-I,".�..,Ib..I_11..-.I..//._I.\.tI.I.I 1..�'��L11.'�.I�I_AII, .I),.1 II1I-_-I._/--.. ., NOTE,,F1I.-I II.-.-,I.��../.b"I P.��,_I,:II1-�.I-..I 1.I�"...—.-I�I.'s-.I I�I,,"I.4�CI...Si.I"9!..I0-..b...�._1 5,,.bI.—'-01 I,.:1 1-.I-I,..I vII-.,,I I'f.11',..I%I2 I,I--.�..IAI)..I.I..��I�'��.A-1I C.��ft:I-,I".�I...I�t.-I_.�.I11 l,I.WI.--5"19..,0�.�I.II,I,II.,-,II-6,y.4 1---�.1 IdIO1 I4I.O0.I.,I_.D.11_.IT�.III.._I..G.�-I..I-I_I,.'/.�",_�'�..I 1��..2_.I 5�f i..II.F�.I,_.I....\,I1._.I,1.,..I .I.I..c.I.5.Y/_.-1 I,\"I-i�.�.-"..1I I�,0_.-I._�I.,- .-".,0-I--...--I:��I�-.-1-..-bbb�._-'.--p.:S-,'...-I,-.,..b,."r�1--.,..1�I-%..I bII..I�",IF.�.,�_.I�"(,I\-`._.-�S.-,.�,_�,�I."-�i-—,.I-_,.��-I,I 1,_I-:.,_�..II,�,_...1_I�4,�iI-5 1.--,Q--,-1� ,- t „_ _ ,- , ": :. :,, .,: A :'. Pr?OOaed. Ner,B",wole( L ne'To Cernetl .. .'. . ..,,`,, ;. '. -.:.,'....:To (e/Jlidp 6'wdler Llne'In'.Ferrr(er Br : i _ :. , .. . .-' '., :^-: .. PioOosed NFr,:B.�-son/lory sewer rp - onos. Emerpeecr arre:r S P R I N G MEAD 0 U B D f V I D N . :' : . ,.,...... + ,., .. , .. .. r. IMII �—/1rd U,ili ly Ea<e me"1 : s h.. .. .. .. .,.. - Cdnnecr Td-EM/d/lnp B"Sonnprr B c� Y - tt A PLANNED UNIT DEVELOPMENT r F ,< - .. -r D` W /4 ,SEC.' 9 a 'CO.S.: No.> SI9A '. - .: . . ' ' zoNED RS• .. BEING A PORTION OF THE . UNf'LATTE N ,.', .. - -- ro .: C.05 Nn.4060 19, T. 2.S. R.6 E.,! P, M. M. 1 I / `` SITUATED IN THE NW: I/4V'OF SECTION . r• I \ .. \ S89'07 56 E ` I :zll 80 AN , G TY , M , r r-7: CITY OF BOZEM AL'LATIN COUN ONTAN,A r % / ) ` T- FOR: SPRING MEADOW PARTNERSHIP JANUARY,,, 1987 :Ik ,4 fi;, { "' ''' - -- E er9eney Bl"Aoro I I �.1. ,.Vol 'I ,.eM�/ - Borredode Pond .Ed,.. BY: SANDERSON./STEWART/GASTON ENGINEERING INC. 80ZEMAN,MONTANA , e U - ' In 1 , . . �. Lor 10 A L = 50 'S. , / 10,9005.F. 000 S.F. _ _. �__ xs, 'i. 4 L -:. . � n _ A '�� �E.... 60 .D I 1c. 1 \. - 1b• . r , �. w � * \ / p,, y , J \ : /�//� I -- wners 8, Developers ,� a *'eL 69 / 1 Ii i d 0 ¢ ao nnr Flood B edrr, 'r E.,.d.° Spr ng Meo ow Partnership R a ."4 'A G L 1 , ' , Grifnitna xs.'. r 1. ` ' ,' 618 West T 9 Bozema . r . I i �, �..':.: - ` 10`000 S F - IO,Op012F - - 4 n,Ma na b : _ . . ' I I I ld°rtwoy Boundery d: - - ` I '� . , 1 I ,-:, . y r I r '/ i t�: ter' •�i g:• 1 u Y �'. +C M . ( I A P }I / I ;I 08�. ;,C .I / t . ,'� ,i N \ ' 1 1 .�• -'•LOT 13 , "a 00 rear Flood Boundary._---�. "�- ` LOT"8 .9 8,900S.F. - p,,d / 1 10,500 S F t� � / i \ .. r : •• r O Witl P°eOr len „ I. z ,r fir- ., ., r i - C.O.S No.B03 , I e �� ra•., \ _ .8 I _m vdl/e view GON cl°b . - . ,. ( LOT I�F ° 'I 8,40 \ LOT 7 e ({ 1 / ,c,. d,: L1 ---_/` I . ' -�-,• I I - GROSS AREA= 18.6 ACRES _..____.!_�---\ 1 E....sm..mk_ "� . : . - NET AREA-16.9 ACRES 4 �`� ., I/ Ede°menl . l W ' � ''•r' P _ °q I - TOTAL NUMBER OF LOTS=27 - '' O 'I ' MINIMUM LOT SIZE 8900 a. /,_ / ,o D I I ' .Iry , - ZONED R-2 - LOT 15 / •• LOT 6 e 1 8 s1_ �0;805 _ _ - DESIGNATED OPEN SPACE _ `' „P F. b ' . x / . /sw / g 0,900 S F 8'° . . COMMON<OPEN SPACE OR DEDICATED PARK=2.54 ACRES ._,,. ode r // m / �,,d '� I ehoGrnP.1 I' ` I i i r �,3 , .^ I /Mdinew , / , , 9 swla.S,dewaik . 5 i /' : / d� ..LOT 16 ZONED RS��" '. Ed — // ° L T S F I 11- 8,900.S.F. - :, fir' /• +'_»I � ob �p gg .. .. 9 ° p / c m,v 0,9 - I .I G a q. Limits Of Oelo,/Sd .Flocd�Ploin Sludr �' c a 1 e _. :. -- J 2 m r • I :I 1 --- OV li : , - -4920 .. wk.t 1 , rf w' �' d e / Vicinity Map m Q 11.1 LOT 17 _ �oNCEPTUAL �1 Lot 7 Block 4 •I o' cl .> : a$ B,gdp S.F. 8 .. }' c 'd 'l--"/ 1� I y Grol's Jed Add. I �+ [0l5 Block6 ;, _ .LOT 4 'I 1 - TC`'q r�s,�1r•� ter+ 7�' „I �� �' ( I 1 I Ciol\s Jed.Add. I I u �, Vr LG.Y l�L�Tr'sGN` _•,-o et,, +I : 1 10,410 S.F.SF' , f j ` v -. o / L,t�N APE :1 °♦ + , .., 1 i�5C , ---- NOt_Z 31"E_ IW PAA Ij- r' ` Ar:imp c9re B caner 1 45.15' y. I '- ' ' ,`".. : I Grol Pro os d New Cure 8-Gu ller :, "_. __ P ��S _� Snee End 01 AfPAo/l 1`-_l.._ .j I I .: _ O, 1 �' ^'- o +Y N 0 7,0�„E I _ t' ` 4 - - — "-.__._._. ._,,_,.. ......_. ......-" , -jt - 101,660 SF. _I /30 02' �. 1 ( ±I T � ` 0 _ ry r .a; .: , '^ u,.I LOT 3 _ i ' o rr i _ "r • I.. ... i , - a { .y Lol5 Block 5 I v c. v 9,345 S.F.' '.' I I 8 - i .�,.L_ *r ."n n. I;.. .: 6io/'s 3rd.Add. I Lol 6-A I ` _ .. '�- - ,. Amended Plol - - " p � < , ' 1 _ I - 1(''e , - ,� LOCATION' 4, l �' I ° ..- A' a i5 -JC 5j . '>.� a - y s Y y i LOT 19 ' M sA.:: 1\} .r .. n - - L+ " 1` ;' LOo s F,:r• •. '': - \ \. \r!.'------r00 reer Flood Bdundorr. : p .. F \ V. . \ \ +: otiy ,: . \\\ 1 . �. . 2 \. 1 , ZONED R \\ r q It , Z LOT 20 p. 14 B0 F' J .� .. � , - I: [o/ 5, ` . 99, ,,o - Cir I o/Botemon - I ' I �N / I _ ,ti.._s /B F 562,563 I '' _ .LOT I_ 2° \ Bloc 6 s P " r 9�m storm a i LOT 21 :� Grol's Jed Add. \ R.Pen°do Pond , I I - - It-I • .,\ / -10,320 T.E I I .x:,.:. - ,S. ..'3 F. 4 \ a'. � , �. S00°29'56°W -' /\ I t C.O No:B03 t :r. 5.,, 89°10 7 E i 14.89 / / -�- sA .. volley View GollClub t —N01°20I31 E:, PUBLII"r PARK' 0.074cs. \ S89°09'/ nr/ \. / es ,by . ;�:ece �. --� - • _S�—.�: :::; .. ,i...e. --'-a v ,• v: ..!. d. �I n ,l.r _. - I 1 --SO 31 4 4 a LOT 22 Glol 'S/ree! i tt.�JB"r36"RGP PUBLIC .PARK ' ,.',;t.� a -----� 6 46�:.. _ ._� r /�- __ -_ 0.17 A i \♦ '13,640 S.F. - ' - - -- - ------ 1.-_ -.- .- _ 1 r-- =_ ".` --—"�- v + _.__ N00°37 09 E,J. / EAr: za" wormer ndn-��stEi_s�y Fr. Hydi -,-._ -_�_...-GRAF � _,- r / ., �� �`r1. y -- Ee Fire rr er as . - -e.- ' ': .'' _ i N 690 11`51"W - - - . -s�-:�- -.. ..-=.r--l=-. _''^ --- -ti.i-• �".; , .� - ' ' ,a,r. " v, I / 381.913 ._en �•,4 L07 24 \\ . , :' �.. g. a, l Lol 6A .r ' / ;- `-� ,14 � - u s r a + v /Amended P/oq I , e, ' _ !I - - :,-` c :, I /!46-A /// I- ( -i4rkE 19enr0 \'A _ r?; n S F,,, iv k} -2 / ?R y. LOT 23 %° . f R o , ° : LOT I s " / + '"do',nes: 22,940 S.F. f r ZONED / / / N 00 28 01 E I L. 1 wok @,,, Emem.nt • '�' �--` ;i. n ' � 22.27 2 r',.., _ 0.80 Aes. ., ,..� e'�,, W.. , _2 � 2 ,I ; ,-. / �� O t OPAn SDaA {I ...,I 'I , ,�,:. i I ::I l 1 ,1:.• P' 7M:j. � 1 i l _��- •."eoundorylrly,l �. '1 �. l '� / /.� - -r y' a 4 3 .. �^ / a .., ,, - / 7. -'' Erisnn 24 wo/er Moln - ,,, t , - S 9°09 2 E ! , 382.00 `� -'— — — - -_ -- - --- i \ / - . .I 7.. --:.._... __.-.. -- --- - -Zr.- ' 8L'I PA . ` ` , < _/� -' -- -,// ' A. 1 j ,/` U 2.33Acs:'R / \ \ }-i:(1 // /pI P K �j i . 0 /4 ,*3 � — --- 1 fx LOT 2 i , / `� P°j ' ` O Nril / k.,/ l - a.12 Aes" \ ` \ i _ t p : Q° ' _ oo.ed s w,do Cont. QG� ,b 6F/000 Q �._--_ O \ m '_' $New°IM fbo;eoll _ V - - ----.-_—.__—_--.- 1 I / // 5 �`\ \ \\ QP W a e' 0 PUBLIC PARK 'r O . — ` _�_ 0 • / Q• :/ \ (/ W¢ 1 __.G opoA'�d�curD B 45 A / O r W/_I / ^Qo ...._. X\\'• \\\ ..> m v . o OT Gres / / yy, Ic, L -o 'i k y. p.; / ,./�/ O�V� ',' / - \ ,.r /.. ��o � Ibl - .. - _ __ __ _- `\ / ` r (// u r ,/ d / k ,; o �, PROPOSED BUILDING \\ `\ / I i.I_m - // ' :::., ;g ,/ ,, ,\1 1 ' `\• +� v / I• rv. P9roement E d of - / - Giol s FouriA Addn,on':". Y v,,1 ,. - - 3 3 t / j O } :4 1 _ \ �' I S0,`,72Odws-TSmporary Tumoround Easement V _ _ 3'Radius-Grovel Turnoround Su4me N ZONED R- `"�€ y COS No. 526 r 100rent F.bod / -_. ._._--... ._.__... __ 321_ / O '.y 4 ._—_- J23 Bddnda". til , I , < ( :13DF sOD' / z N 1� If\ 1 / , Ir 2 . - --I PROPOSED PARKING .: ,�-^ � N B9°.IO'I3'',Wv: III 4 f � —� -- 57500 I, I OPEN / ♦ '... e W -_ -_.._'_'- I L _ sP.�cE �___-. J\ S00°28 01 ---. --- 450d_ r ,5 e / N89-10'13nW I I / 790.00' v. , . ,- , ., n ZO , .. .: y , , . .. „ _ _ _1 , .,r r :' - ^, ..: r. p .. .: .. , 1 , C , .. . . ," .:.r .. .. . - -'' . . , ..,�. - -. - . .. ,,.. - 4 4Y n , '. .,.-: r. , v A '., .. . .... ,/ a r r 1' ,. :. .. ., e :,,,.' . .. .a - .. .. - , .. r Y' v' -" ': f., -. : .. < ,, .. r. r .. r '...:'. 9 I , ' - .r. I- NOTf PRELIMINARY PLAT OF P/oP°SBd No. B"Wale/ line To Connle/ rr E"ed a 6"water Line Ferrol-°`� _ S P R I N G MEADOWS S U B D I V I S I O N Proposed New e°SonAory.L-Ir To ( IY� Pr°a�>sea .If'Wrde Cmer yen6 4^s.l Connect ro £rifling d"Sanrlary SI-Ir r I And wa lr foremenr °'rY1eM0r1Ye I A PLANNED UNIT DEVELOPMENT � ZONED RS-.l BEING A PORTION OF THE UNPLATTED NW I/4 SEC. 19 St C.O.S. No. 819A 7o'xAe RE7811-r1°1t Parcel JA i � 0'" COS 1No.4O6O SITUATED IN THE NW I/It OF SECTION 19, T. 2S., R. 6E., P. M. M. �rS89°07ia56"E a2n.eo' CITY OF BOZEMAN , GALLATIN COUNTY , MONTANA FOR: SPRING MEADOW PARTNERSHIP JANUARY, 1987 iracad.Bred .. Pone .Eoslml•' � ¢ BY: SANDERSON/STEWART/GASTON ENGINEERING INC. BDZEMAN,MONTANA LOT to LOT 11 SCALE: I��= 50� 50 50 ° 10,900 S.F. 00 S.F. ) ----- Owners a Developers ` / \ /00 rear Ior..•+e dmy N S>• 't E.�0 Spring West Griffin 1 l � y b�-• g Spring Meadow Partnership / h i b LOT 9 LO 12 Bozeman,Montana I 10,000 S.F I 10,0Do F o L. j 1 f �-fiooe-or eau nod/y � � m• I ..•ti -eg' �• I i (,�Y'y, 11 / iiii I I 1 e9' 1 `..�-� i I I - N - LOT /oo Fool Flood so.nedrr�- \ 1 \ I , 1 i 8 LOT S, LOT 8 - , r 10,500 S.F. a;, �* - 8,900 S.F \ G • .�- t/y`IX•b.n KEGB6S 1 C.O.S No.803 1� 1rp4 F&DN000 Tncrr, I (6• 1 •'.g_ (LOT 14 \c Valley View Gal/C/ub �! A 8,600 �.F \_ -4915 LOT 7 ' 1 i�LTV.- 1�°4 \ 9,610.S.F. •2 + T FLAT 6tACK / L �'' I! � NOTES - GROSS AREA = 18.6 ACRES E... Sid.-alk - NET AREA = 16.9 ACRES ~ 8' Ea..m.n1 1 v 1 *bT •PROVIDE 1S "PARK (W S D A jSDONDAR•C' 1�ST51 E-IL`( ( . > - TOTAL NUMBER OF LOTS =27 SPMPT ALON(•s VJ&5T D'• - MINIMUM LOT SIZE c 8,900 SOFT. PRaPBl:T'C LIs.1E�L07r I-10� / �I� �r LOT 15 '6 I '� c 10,680 S.F c - ZONED R-2 _ / LOT 8 ly - DESIGNATED OPEN SPACE _ 8,900 S.F. $'^ �{((c 'I - COMMON OPEN SPACE OR DEDICATED PARK=2,54 ACRES It -' --_ -- �pdE •• / �i o Fin Nyt.(T+e.) Wide n d.-°u - _ I 0 I / / �� S• ZONED RS LOT 16 S. LOT 5 -$ '°o_ 8,900 S.F. - g 8,900 S.F. _ a Limits Of Detailed .Flop Pla1n Slwd, o o e 1 m oui oN g• O � I Vicinity Map LOT 17 0 e'oNcEPTVAL 1YI e,9dO S.F. 2 i Loll d/ock 4 h I Lol5 Block6 �•� 4 I Gip/'s 3rd Add. I Gra/•s 3rd.Add _ I rn / V E LO P M E NTLIZ I\1." �• 10,410 S.F. 0 I / DE - I �� to i L NDSCAPE t --�J --- --- ---- I PLA�1 a I' A IW �` •'` Graf Er/rNn9 earn a ewtB' Proposed New Cur°a 6wuB, 1 45.15 - 'i -�• S/reel fnd Of A".4.1fuj LOT ISv'P•' I l / I A• - `I i'' 10,680 S.F. \ 0 1 I Ilk LOT 3 }- �i� 4.15 B/ark S I Lpl 6-A v v a 4.545 S f 11 1 �`+M I`� I Gro/'s 3rd.Add. I .. Q Ii U7 I s Amenoed Plot < - 1-46-A - h .I / e9 LOCATION LOT 19 1 ` I' I 9,500 S.F. r ( y 6• m I LOT 2 I � - � \\\ 10,140 S.F. / d \ \ "�----.a. rear -.1 Bduneery ZONED R-2 \ 8• ca LOT 20 -' � \\ \ - • I Z f A 14,800 S.F ff CIL Lot 5 ¢„ 95's 4 Clly o/BozemaO^ Prn R• - i• I ` B/ock 6 /�y°' /B F562,563 Br�on Pone f• LOT I _9r; I LOT 21 Grol's 3rd Add. " - -10,320 T.F I 1 A •--15,1640 s.F 1 S 00° 9'S6'�! / <\ $ G CO S No.803 S 89°10'37"E \' 14. 9' �� \ �/\ A - S. 4 ✓purr view God Uw° PUBLIC \ A• 1 A ° 1 , PARK G.07 Acs. 589°09'� ° l / s1 430.34 es' '�� I • , °>,\` A j G. 45.15' v •.r .�:. _c •• aos I A• \ '�q,. LOT 22 •'�50.311 °. '1• .L-_./ 4-.tc J9"r J6"NCP. .-...� " PUBLIC PARK a 13,640 S.F. Graf Street 0.17 Acs apo - - GRAF NO0°37'09°E Esrsrno�e woi./nrdn�a,�rEersing rrre Nyel -- i Er seen FrI N deaf /.r, 30.02 a.-n n^ v.. �9:°.9�._z ., . ...._r<Tc�_� -- �s �102 1 I N 89°I I'S1"W / 381.9 ' B9 - e••b. LOT 24 n \ y �r 19,140 S.F. v c o Amended Plo • -se,y c, "i-� !s I R_2 / ° u Q LOT I °s� Jo'wa1. y. V. / LOT 23 ZONED / J I N00 28'01 E I I . I �� woh 1A Ed emenl �ti A 22,940 S.F. I / o.eo Aos 1 / 140.27 a y ,open Spa. \\ � 1 16.�8"6.S•Pfil•d•�--� 1 ° Boundary(ryp.) uy .R N. 2 l u i _. .. .589°09�52 E� �� -� 382.00� '� se' •� � PUBLIC P. K i R _ 1 2.33 Acs. ZONED RS-1 / QPa �i LOT 2 \ \ \4,12 ACs. O'Nei/ / O° G�+ \ 1\�, QO ' -_pr po..d 5'wm.C-1.1. G 1 p `__ Q O a B1ue.as 1TypnoL) 0v0 A. D'U@LIC PARK � = -- X /' /I •// `�0 `\\,` , I j uai w11.rITcvroa LOT I 0p p J a --FV. I d C.,b) 'o 1.45 Acres 4 W / PROPOSED BUILDING ,� 4 Proposed End of / Grols FaurlA Addilion j x 1 / Q" L O I Z /i I l + /\ 50`f7atlius 7amporary Turnaround Easement fV ZONED R-2 / I 43•Radius-Gruv°I Turnaround Surface / GO.S. Va. 526 /oo Yet,Fbod- / - 5 � O / ( I Soo' - z O 7 ----'� PROPOSED PARKINGAl N 89°10 13'..yfl,,. 575.00 J II�JoPee �FI CE _ So0°5o01wW - -.. ..__..._ ._ ... _, ..._..._.-- 790.00 -- N89°10'13°W ' L 9,;C N? ZONED R-2 I ® L r 'LI ® , (AV2 AT. ) I i 10Tt /,LL_ t_AKDSCr\j IhICA -To t{A P• 2'Ct�.4VAKP NT`f o � SPRING MEADOWS -_. ' a planned unit development '. ' . CONCEPTUAL NARRATIVE AND ' DESIGN GUI.DELINES\\ i i 1 1 1 i 1 1 TABLE OF CONTENTS PAGE tI. CONCEPTUAL NARRATIVE 1 II. INTRODUCTION 5 ' A. INTENT 5 B. ENFORCEMENT 6 III. DEVELOPMENT STANDARDS 8 A. INTENT 8 ' IV. SITE PLANNING CONSIDERATIONS 9 A. INTENT 9 B. STREET LAYOUT 9 C. ARCHITECTURAL SITING CONSIDERATIONS/ 10 LOT LAYOUT ' D. PARKING CONSIDERATIONS 10 V. ARCHITECTURAL ELEMENTS 13 A. INTENT 13 B. RESIDENTIAL DESIGN CONSIDERATIONS 13 C. COMMUNITY DESIGN ELEMENTS 15 * Fencing 16 * Signage/Entrance Features 17 * Lighting 19 ' VI. LANDSCAPING 21 A. INTENT 21 B. LANDSCAPE PLAN 21 C. NEIGHBORHOOD LANDSCAPING 21 D. LANDSCAPE CREDIT 22 E. RECOMMENDED PLANT LIST 22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r SPRING MEADOWS r INTENT The Spring Meadows PUD has been planned to create a high quality mixed use community situated adjacent to Graf Park and Valley View Golf Course. The planning of Spring Meadows is based on the ' philosophy that in order to ensure a high quality of living, a cohesive residential community must be created within a mixed-use environment . The attention to detail , the site planning ' sensitivity and the basic design tenets all contribute to a well planned, exceptional project. To this end, PUD zoning has been utilized to create a community r with a wide range of unit types that maintains the integrity of each through land use transitions and the use of landscape and natural separations. rThe layout of various residential densities has been designed based on the site 's natural features amenities and the various unit types ' ability to "fit" these features . Consideration of ' man-made features such as major roadways , intersections and adjacent land uses has further defined the use areas of Spring Meadows. 1 SITING CONSIDERATIONS rThe "Parkside" single family detached areas, intended for large homes on large lots (8, 900 sq. f t . min) , lend themselves to siting adjacent to the golf course and Graf Park. The exclusive nature of these homes allow uniqueness in landscaping and taking advantage of the adjacent amenities . The ability to blend the patio home concept into this area increases the open feeling, utilizing a zero lot. line approach as an option on one side. The single family estate area is intended for even more exclusive custom homes with large 13, 640 sq. ft. plus lots that incorporate intense site landscaping to create an area conducive to this type of home. The multi-family areas are planned in siting locations that take advantage of natural swales and vegetation with the Sourdough Nature Trail being incorporated within these areas. This linear r park has been widened to 80 ' to allow more landscaping to be incorporated to create a buffer between the living units and the park, adding to the separation of the areas. Open space and park areas must provide a variety of opportunities to meet the broad range of requirements of their users . Locations near waterways add variety in plant and animal species . 1 Open space and park locations must also allow maximum access ability to users via transportation trail corridors to achieve optimum use potential , to both the residents and the public use of Graf and Sourdough parks. ' ADJACENT LAND USES The land uses adjacent to Spring Meadows have been considered as a major factor in developing the proposed Master Plan for the community. ' Single Family residential areas adjacent to Graf Park to the west have been extended eastward through the design of Spring Meadows. The parkside single family lot area corresponds with the large lot subdivision existing to the west Graf Park providing an effective transition between these existing residential uses and those proposed for Spring Meadows. To the south of Spring Meadows , adjacent land uses are effectively defined visually and physically by the natural topography vegetation, landscaping, park locations, and multi- family siting. I The eastern boundaryof the site is defined b the Valle View Y Y Golf Course. The north boundary adjoins a planned multi-family project. Transition is achieved by locating the largest of the Parkside single family lots adjacent to this future development. LAND USE PLAN The natural site features and siting requirements of the proposed land uses , combined with consideration of compatibility with adjacent land uses have provided the initial framework for development of the proposed land use plan. Compatibility between land uses , site circulation and open space opportunities were considerations added to this framework to further define site planning criteria. Parkside Detached ' The residential areas designated for Parkside Single Family Detached homes have been located in the northern portion of the site . Current plans call for large lots affordable to custom 1 home buyers. Lot sizes with a minimum width of 100 ' have been designed to accept the large custom home. The lots back either onto Graf 1 Park or Valley View Golf Course presenting a choice of location according to personal taste as viewed to the two amenities. Development of flat creek, in conjunction with the Montana 2 Department of Fish & Game, into a fish habitat creates a unique ' amenity to those lots that adjoin it on the east. Spring Meadows drive ends in a cul-de-sac with emergency only access to the north that maintains the exclusiveness and privacy of the area. Proposed landscaping along Graf Park will soften the impact of the development on Graf Park and on the views of existing homes . This landscaping will also serve to define the property line to the west between Graf Park and Spring Meadows. Planting that t will vary from within Spring Meadows to within Graf Park will offer variation in the look of this buffer and will keep from' a "shelter-belt" look. ' Single Family Estate Single Family Estate lots have been planned for the site north ' and east of Graf Street, adjacent to the Sourdough trail and Valley View Golf Course and south of the Parkside area. Larger, more expensive homes are planned to fit the topography and adjacent amenities in this area . Access limitations prevent these homes from encroaching on the northern property line providing an effective transition from this area to the Parkside lots proposed to the north, and the multi family uses to the I south. Views to the north, east further enhance the character of this neighborhood. ' Multi-family Multi-family uses have been proposed as the southern edge of residential development. These proposed units are intended as a transitional use between the Single Family homes to north and future developments to the south. The Multi-family areas have been provided to create an alternative to Single Family Detached living within the Spring Meadows community. Stringent setback and landscape buffering standards have been instituted within the Spring Meadows Design Guidelines to ensure a proper transition between Single Family uses to the north. Traffic impacts on adjacent neighborhoods have been minimized by siting close to collector access (Graf Street) . SITE ACCESS The Spring Meadows community is located in an area that provides excellent access opportunities not only for the immediate subject site , but for the entire Bozeman community. The extension of Graf Street continues the master planned collector connection through to Sourdough road from the existing Graf street right- of-way which currently extends as far east the Spring Meadows property boundary. In addition, development plans call for an emergency access improvement to the north. ' 3 1 EASEMENTS ' The existing main water line is incorporated into public street and park areas to minimize maintenance problems. Sewer and water extension are planned to follow Spring Meadows Drive and connect with current extensions in the Fairway Drive area to the north. PROJECT PHASING Project Phasing is proposed to occur generally from north to I south. Parkside Single Family Detached areas in the north portion of the site are anticipated to be the first to be developed. In conjunction with the first phases of homesite development , Graf Street has been proposed for construction through to the south property line area. A five year build-out is projected for Spring Meadows. Phasing will be accomplished only as the market dictates. All improvements are proposed to be installed at one time. PROJECT FINANCING Financing of public improvements within arterial and collector rights-of-way are currently proposed to be provided by SID. ' Improvements would include street construction only. Landscaping and drainage facilities within rights-of-way, off-site water improvements , Spring Meadows Drive, Billion Place, and on site infra structure have been proposed as a developer expense. 1 �� 4 i 1 1 1 1 1 1 � ,N.R000CT.aN 1 1 1 1 1 i 1 i 1 1 1 II. INTRODUCTION A. INTENT The planning of the Spring Meadows PUD is based on the philosophy that in order to ensure a high quality of living, a cohesive residential community must be created within a mixed-use environment . The attention to detail , the site planning sensitivity, and the basic design tenants all contribute to a well planned , exceptional project without sacrificing affordability or profitability. ' The basis for success in building a community designed for mixed use is in assuring that the planning and design standards developed during the project 's inception be maintained throughout all the phases of Spring Meadow ' s build-out. These design guidelines will insure the quality of Spring Meadows by providing a flexible framework within which builder performance and +� developer commitments will work in concert. Specific design principles, parameters and standards have been established to coordinate the efforts of developers, consultant and designers involved in the processes of site development. Q These standards are in addition to the City of Bozeman Land �I Development Codes - Zoning ordinance and Subdivision Regulations. Through close regulation of these Design Guidelines overall continuity between individual planning areas will be more easily maintained. To achieve this, the developer will establish an architectural review process within. the project and the review entity will use this document as a guide to accomplish the following objectives : Assist in directing developers and builders in achieving a well planned and designed multi-use development; To serve as a "prototype" by establishing quality standards to be utilized by other Bozeman developments in the future; Assist prospective developers , site planners engineers , architects and other professionals in the planning and design of Spring Meadows by providing a basis for individual design efforts at different levels; Insure the long-term protection of property values by providing design continuity, land use compatibility, integration facilities and quality architectural style , design and 3 construction and; -�� Insure objective, systematic review of all development through �e the use of the Spring Meadows Guidelines. 5 B. ENFORCEMENT Restrictive covenants shall be executed and recorded for application to all properties within Spring Meadows. Separate covenants may be recorded for different use areas. The covenants shall include provisions for establishment of an Architectural Control Committee which shall have jurisdiction over review and approval of improvements to be constructed on the property subject to the covenants. Evidence of Action The Committee ' s approval or disapproval as required in the covenants and in these design guidelines shall be in writing, as indicated by the signatures of a majority of the committee. The committee shall not be required to maintain records of plans submitted . Approval by the committee shall be conclusive evidence of compliance with the Design Guidelines and covenants ' provided that the improvements are constructed in substantial compliance with the plans as approved. In the event the committee fails to approve or disapprove a proposal within 30 days after plans and specifications have been submitted to it and the submission is evidenced by a certified or registered mail receipt ; or, in any event, if no suit to enjoin the proposed construction has been commenced within one (1) year after the 1 proposed construction had begun and became apparent , such approval will not be required, and the related guidelines and covenants shall be deemed to have been complied with fully. Approval of Plans All plans and specifications in connection with the construction of any residence, commercial structure, fence, wall , driveway, or other structure, and in connection with any exterior maintenance and remodeling of any residence or other structure, including, but not limited to, changing the initial color of the structure, or any alteration of any wall , fence, or driveway shall be submitted to the committee or its designee, and prior written approval shall be required. Before any construction or alteration begins , plans and specifications showing the nature, kind, shape, height, materials and locations, the exterior design, the exterior materials to be used, the color scheme, the site plan, landscape improvements, a topographic survey, the location of the driveway and plans for the proper drainage of the Lot with respect to adjacent Lots must be submitted to the Committee for its prior written approval . In passing upon such plans , specifications and other 1 requirements, the committee may take into consideration whether the proposed residence or other structure or alteration and the materials of which it is to be built are reasonably suitable for ' 6 l the Lot upon which a residence is to be erected. The harmony thereof with the surroundings, and the effect of the application as proposed on the outlook from adjacent or neighboring property shall require approval of the architectural committee . The Committee shall , in the exercise of its judgement and determination, use reason and good faith. Upon approval by the Committee, a signature block will be applied to any plans. (See Figure 1. 2) No residence, fence, wall, driveway, structure, alteration of any kind, which has not received such prior written approval by the committee and which does not fully comply with such approved plans and specifications, shall be erected, constructed, placed,. or maintained upon any Lot. No changes or deviations in and from such plans and specifications as so approved shall be made without the prior written consent of the Committee. ' FIC 1.2 S M ?RRICCT C1�{1�CT" tnT� ! 7 1 1 1 I 1 1 1 DEVELOPMENT STANDARDS 1 1 I 1 1 1 1 i 1 1 1 l III. DEVELOPMENT STANDARDS A. INTENT By establishing minimum controls for the proposed land uses within the development, further enhancement of the character and quality of Spring Meadows will be possible . These minimum standards established for each land use within Spring Meadows have been compiled in chart form to facilitate their review. TABLE 2. 1 MINIMJM SETBACK MINIMJM MAX. LOT ONE BLDG. PARKING LAND USE AREAS FRONT' SIDE � REAR HEIGHT REQURMNT Single Family Estate 13,640 251. 0 8' 24' 2 car gar. Parkside 8►900 15' 0 8' 24' 2 car gar. Single Family Detached MA U Family Per 25' 10' 10' 24' Per zoning zoning code per unit (1) Setbacks measured to building wall , architectural appurtenances such as eves and overhangs allowed to extend 24" maximum into setback area. (2) 10 ' minimum between structures except in patio home configurations. t8 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 IV. SITE PLANNING CONSIDERATIONS ( A. INTENT Communities such as Spring Meadows rely on careful planning which ensures its residents that adjacent land uses are compatible, all necessary services are phased with future construction, and that development utilizes basic yet effective site planning principles throughout the project. The unique site character and exceptional regional visual quality 1 of the property dictates that development respond to the natural landscape insuring a sensitive approach to existing site conditions. The intent of this section is to set forth general guidelines and siting standards for Spring Meadows which insure proper consideration of lot configurations, building orientation and street relationships and which will increase the sense of openness, and visual variety without sacrificing density. B. STREET LAYOUT Multi-Family and Townhome Areas For multi-family neighborhoods within Spring Meadows the following design criteria have been established for use as a guide for private road layout within each project: . Access to multi-family areas will be limited to collector and/or local streets; A reduction in the number of vehicular access points and adequate separation will avoid traffic congestion ad heighten the sense of arrival at main entries ; The use of carports/garages is strongly encouraged for Multi-Family areas as a means of reducing the visual impact of large parking bays as well as increasing the value of the i condominium or apartment unit; Where possible, stagger . front yard setbacks, and alternate driveway location to allow for a more interesting streetscape; In the single family estate areas where lot sizes allow flexibility in unit siting, front yard setbacks should be staggered. This eliminates the common problem of front facades occurring on the same plane. l9 Spring Meadows Drive is planned with parking on both sides to accommodate visitor traffic, yet allow room for two lanes of traffic to pass through. ' C. ARCHITECTURAL SITING Parkside Single Family Detached and Estate Customarily, density plays a role in the feeling of openness and visual diversity of individual areas. However, by adhering to the following recommended siting considerations a sense of openness can be perceived without sacrificing density. Varying front yard set backs should be included to eliminate the common problem of front facades occurring in the same plane. Multi-family/Townhome Site planning principles , when adhered to, will allow the implementation of multi-family developments which are not only marketable and profitable, but also offer the essential "quality of life" elements of privacy and individuality, not typically found in higher density communities . I The relationship and orientation of structures are of utmost importance in maintaining a sense of openness. The following criteria should be considered regarding building relationships and layout; Buildings should be sited to maximize the feeling of open space and, whenever possible, be oriented toward and.or be incorporated into a planned open space/amenity system. Congregate Living Community The uniqueness of a congregate living community becomes an integral part of the community when developed within the proximity of other residential land uses . Special considerations to building locations to locate services, views, open spaces and access must be considered. The location in relation to adjoining uses must be considered in how the project relates to existing and planned uses . Use of natural topographies to soften the visual effect of building mass and orienting to natural amenities become critical when considering site use . Siting within the "Living Community" is essential to the future residences of the congregate community especially with the availability of adjacent open community amenities such as Graf Park, Sourdough Park, and Matthew Bird Creek. D. PARKING CONSIDERATIONS ' 10 Intent 1 Criteria has been established for parking areas within Spring Meadows which is based on design philosophies which consider the type of land use and requirements within land use areas and adjacent land uses . Oversize Vehicles and Trailers The outside storage of oversize vehicles , such as mobile homes , campers, and trailers (i.e. boat, snowmobile and motorcycle) in congregate living is prohibited in order to create a pleasing streetscape and visual character and will be strictly enforced. The following standards apply to all Parkside single family detached, single family estate and multi-family. Permanent storage of oversize vehicles , trailers, recreational 1 vehicles, campers and boats will be prohibited in private drives within the area described as the front yard setback. Outdoor storage or parking of such vehicles will either be prohibited within the project or be encouraged in side yard and rear yard setbacks (see Figure 3. 10) ; Areas used for storage of oversize vehicles and trailers will be surfaced with an all-weather surface material ; Oversize vehicle and trailer storage areas will be required to be adjacent to the consecutive unit; and Fencing and screening of oversize vehicle and trailer areas will be required. These measures not only maintain the visual quality of the development but increase the security of stored items. The type of fencing and screening must conform to these standards in the Project Element Character and Buffering section of this ` document. (Fig. 3 .2) In all multi-family areas , no permanent storage of oversize vehicles and trailers will be allowed in off-street parking areas. Designated areas for oversize vehicles and trailers will be allowed, although these areas .will require adequate screening to maintain a pleasant visual appearance. ' Dog Runs Control of dogs is detailed in covenants and restrictions and will be strictly adhered to. Dog runs will be adjacent to garage areas in rear yard only and must be screened by landscaping as outline in Figure ,3 .3 . Off-Street Parking 11 Special consideration for group parking areas is essential to maintaining a quality environment. The following standards will ensure that parking have the least visual impact to its residents and adjacent neighborhoods ; Parking areas will be located off private drives , turn-arounds, loopstreets or eyebrows, and shall be conveniently located to the use or uses they serve in order to encourage utilization. Off- street parking areas will not encourage or require motorists to back directly from a parking space onto local or arterial streets; Off-street parking and all drives shall be paved, maintained and properly drained. Storm water runoff should be sufficiently distributed to prevent soil erosion and disturbance of vegetation ' in adjacent areas. All drainage plans will be subject to review by the committee . Maximum grade in parking areas shall not exceed six (6) percent. Cut or fill slopes created by parking area regrading, shall not exceed 3 :1 and shall be sufficiently stabilized to prevent soil erosion; Lighting systems designed for illumination of parking areas and driveways shall use levels of illumination (foot candles ) appropriate for the square footage of the lighted area. The type of light source and fixture will be designated to conserve energy and be in character architecturally with that area of Springs Meadows. No illumination sources shall be placed in a location or be of an intensity to disturb neighbors, pedestrians or nearby motorists . All systems will be subject to review by the Committee; and Parking areas will conform to the City of Bozeman requirements. ' 12 • .. • � �. I 1 . - � � _..r�- 1 : � �: : : � . � . . . . � �� � i • � I •. �\ i , � � 1 � � � �i�. �.i 1 - � � _ 1 i � �� �- � � -�-� - � .._.__ __. _ —.--� �I(o. 3.2 I :i• t I R 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 V. ARCHITECTURAL ELEMENTS A. INTENT The character and aesthetic quality of architectural elements ' within Springs Meadow play a key role in a project 's identity in the Bozeman market area. The architectural detailing implemented on homes, as well as project elements such as fences and entrance ' features can achieve a visual harmony for the development as a whole. ' As a guide for builders and their architects, and as a means for the architectural committee to critique proposed projects, design criteria have been compiled in this section. Additional requirements may be developed in the covenants, conditions and restrictions for particular areas. B. RESIDENTIAL DESIGN CONSIDERATIONS Massing Appropriate measures should be taken to ensure the diversity of ' form within Spring Meadows areas. Floor designed to allow for the integration of single story structures such as garages , covered porches and entry ways with the main story structures and angles (see Figure 4. 1) . Variation of roof heights and angles aid in providing visual 1 interest among individual units and groups of buildings. Siting and design of single family homes should mitigate the domination of garage doors on the streetscape. Bay windows, cantilevered second floors , protruding chimneys and other architectural projections provide added depth and visual interest to a building will be encouraged. The use of shadow is a major component in adding depth to building elevations. Shadow relief can be achieved by accentuating roof lines with extended overhangs and accentuating door and window openings. (Figure 4. 3) . ' In multiple unit buildings, scale is a key factor in creating a P g Y g dynamic facade. Box-like structures should be avoided, by developing a compatible building wall to roof relationship, as well as providing a transition from higher to lower stories. ' Material/Color Strong architectural and neighborhood style are important attributes of a successful development or project area. tMaterials , color and textures should be selected to provide identity and visual compatibility with adjacent neighborhoods. 13 Materials with reflective or glare producing qualities , which may ' be disturbing and/or dangerous to adjacent uses will not be allowed within Spring Meadows. Exterior materials should accentuate -and compliment the height, mass and dimensions of a structure. The use of materials which are compatible, but provide subtle contrasts through texture or tone will accentuate specific architectural detailing . Materials should be limited to two, excluding trim and other architectural accents. ' Horizontal facade treatment should be used with buildings of up to two stories. Roofing materials , textures and colors will be considered in keeping with the architectural theme. Exposed aluminum flashing along chimneys , roof valley lines and all other roof ' appurtenances will be discouraged. Any exposed aluminum material will be required to be painted in a color to match the roofing material , and will be required to be maintained in a painted condition. ' Roofs on all structures shall be required to meet or exceed the demands of local climatic conditions, including design snow load. ' Roof pitch shall be allowed up to a 12:12 pitch and will not be allowed to be less than a 4 :12 pitch. 1 Although a strict "theme" is not established for Spring Meadows, special consideration should be made to give buildings a timeless appeal . This can be done by maintaining a sense of "Turn of the Century" aspects within all designs. Contemporary structures 1 with single sloping roofs and "time dated" design will be discouraged. Special considerations to entrances , porches , eveline details , gable detailing, window accents and material ' inclusions will be considered by the architectural committee in determining if the design incorporates the "timeless " image described within Spring Meadows. (Fig. 4 .4 - 4.8) Where residential uses abut , use of the following design considerations will ensure all uses compatible site planning with the least amount of visual impact. All non-residential buildings exceeding the height of adjacent residential structures should orient their longest facades perpendicular to adjacent uses to reduce massiveness and maintain view corridors from residential areas; Buildings exceeding thirty-five feet in total height should ' utilize parking areas as a buffer area between residences by increasing the distance between incompatible structures ; 14 Materials ' Exterior materials should accentuate and complement the structures mass . An area which establishes harmony by collaborating architectural style, scale, texture , use of Imaterials and color will be encouraged. Roof Treatment ' Rooflines and roofscapes shall consider the views of upslope and/or taller buildings. All roof appurtenances such as, vents and heating/cooling ductwork, are to be grouped or placed to the ' rear of building to lessen the visual impact of these elements. All such appurtenances will be either painted to match the roofing material or building material , or preferably screened or concealed. When screening these elements, the screening material will be required to be of a color and material which complements the architecture of the building. ' All materials, in context with the above mentioned materials will be considered and will be subject to Architectural Control Committee approval . SC. COMMUNITY DESIGN ELEMENTS ' The quality of any .planned community is measured by the relative success of the image it portrays. Spring Meadows will utilize design criteria and standards for all its community elements for both residential and non-residential areas to ensure its quality image throughout. The criteria established in this chapter will provide builders and developers with a program outlining the level of quality, uniformity of design, style and format of the ' following community elements : * Multi.-family project elements * Signage/Entrance Features * Lighting Trash Receptacles ' Trash receptacles should be centrally located to the units it services , while remaining easily maintained and ' inconspicuous. Preferred locations for receptacles include: the end of parking courts, along interior secondary access routes and private drives and separated from building Lentrances. cles should be enclosed Trash receptacles on three sides and utilize architectural material and colors in keeping with ' each particular project 's character and shall meet Bozeman City Code requirements. ' 15 1 The use of landscaping will be encouraged to further aid in visually softening the impact of such facilities . Storage facilities will be encouraged to be integrated into individual neighborhoods. These facilities will be required to fit architecturally to the surrounding architectural materials , style and color . Additionally , storage sheds/areas should be located adjacent to dwellings for ease of access and reduction of cluttered space . Detached storage sheds are prohibited. ' Meter Placement To maintain the visual integrity and residential character of communities , it is important that electric and gas meters requiring external locations, be placed in areas away from direct view of streets screened by cabinets, wing walls, fencing and/or vegetation. ' Transf ormers During preliminary design of street and utility plans it ' s important that prospective developers and/or builders present to utility companies their preferred transformer , switch box, pedestal and/or condenser locations. Continued negotiations with ' particular companies throughout planning- and construction phases can result in mutually agreed upon locations. that will limit the visual impact of such structures . Locations for such facilities should be placed in areas least likely to intrude on views from streets and pedestrian ways and should not detract from areas where considerable investment has been spent to achieve a high level of visual quality. Wherever possible, in any location, these facilities should be screened by low fencing, and shrubs ensuring year round visual protection. Side and Rear Yard Fences In situations where side and rear yards abut other yards, fencing ' shall be at the discretion of the individual builder although a shadow box style fence is strongly recommended. This type of fence construction does not differentiate between a front or ' back , presenting an equally nice appearance regardless of orientation. Fencing is encouraged on rear yards of lots that adjoin Graf Park, but should be done with respect for the openness of this area and not become a continuous length from yard to yard. Maintenance Fencing is subject to deterioration and requires periodic ' 16 preventative maintenance. Fencing of Spring Meadows will be required to be maintained to protect the visual image of the development and is subject to the following criteria: Landscape materials which have died along a fence, leaving ' the fence discolored, will be replaced by the maintaining owner or entity within 6 months of their removal ; and Any portion or segment of a fence which has been damaged or in need of repair will be repaired within 3 months of the damage or notification by the Homeowner ' s Association. These damages may be the result of, but not limited to the following: *natural processes *accident *vandalism *weather Signage/Entrance Features To maintain continuity throughout the project, standard design elements must follow basic guidelines. However, flexibility in materials, colors, type style and size will allow individuality among the varying land uses and individual residential communities . ' General Design Considerations ' For unity and project identification, the project logo will be incorporated into the main project , marketing, informational/ directional , and future site signs. The spacing relationship between the logo and project name have been carefully worked out and should not be modified. General Standards In order to maintain project unity all signs within Spring Meadows will be required to conform to the following standards : No sign whose surface area exceeds 3 square feet shall be displayed or placed upon any lot, building or structure without a permit. Permit applications shall be reviewed by ' the Architectural Control Committee and approval shall be based on compliance with the standards set forth in this section. A sign permit fee shall be established by the committee on an annual basis; All signs with Spring Meadows shall be subject to approval by the Committee; Maintenance of signs shall be the responsibility of the owner or a designated private maintenance entity and shall be kept in good repair at all times; ! 17 All signs of a permanent nature shall have lighting from within the sign itself, from above or below the sign face, or from the ground directly below the face. The source of illumination shall not be visible from a right-of-way or adjacent property; ' The following signs shall not be permitted in Spring Meadows: 1. Any sign designed to flash or rotate. 2. No portable sign located on one or more wheels. 3 . Any signs painted on the exterior of a building. 4. Any sign attached to a building which extends above the roof line or above the top of the parapet of the front wall, whichever is higher. 5. Any sign which impairs the visibility of traffic ' control devices or directional signs. All signage must conform to the City of Bozeman Land Development Code-Zoning Ordinance and Subdivision Regulations. In the event of conflicting requirements, the more restrictive standard shall apply. Project Entry Signage Permanent project entry signs/monumentation shall be permitted in two locations and are intended to serve as entrance features as well as signage. . These features will be suitably landscaped and may contain elements of an attractive nature. These signs are : Spring Meadows Entrance, Spring Meadows Congregate Living. ' These signs. and locations are called out on site plans submittals as presented to the City of Bozeman. Temporary Signa ge Marketing signs for different builders will be necessary to inform prospective community residents for future land use sites. A color palette will. be developed to provide temporary signs with visual continuity . All signs will utilize a light grey background with maroon lettering. ' For Sale Signs L For sale signs will be allowed provided that they conform with the following standards : 1. Maximum number: 1 per home or project ' Maximum faces : 2 Maximum height : 4 feet Maximum size; 4 square feet 18 r 2. Homeowners are permitted one FOR SALE sign for each dwelling unit, provided the sign face does not exceed 3 square feet and the maximum height will be limited to 3 feet. 3. For sale and builder signs shall use , colors and formats as set forth in temporary signage of design guidelines . Lightina The Master Lighting Plan is an essential community design element for Spring Meadows . Based on a colonial lighting theme, the Developer will be responsible for installation of lighting along major collectors and Spring Meadows project entrances. Builders will be responsible for installation of lighting on internal streets and individual community entrances. Street Lighting rLighting along Graf street will be standard according to the public works director and engineer for the City of Bozeman. Lighting on Spring Meadows Drive and Billion Place will be installed by the developer. This lighting will alternate from street side to street side so no two lights are directly across from one another. The light standard will be antique in look and a colonial type flair similar to those seen in turn of the century applications . jInterior Lighting Lighting within the Spring Meadows multi-family areas will be submitted to the architectural committee along with a "Cut Sheet" showing the proposed light standard. These applications must be approved by the architectural committee to see that they meet the design standard that is cohesive with the overall lighting plan. Sidewalk, parking and building lighting will all be reviewed on the following criteria: * Effect on overall mood * Effect on adjacent properties * Intensity * Height in relation to location and adjacent structure * "Colonial Flair" look * Number and location in regard to function Accent Lighting The use of accent lighting particularly in association with entrance features and signage provides a dramatic sense of arrival . 19 Entrances , and signage adjacent to roadways should utilize sources of illumination from within the sign itself, or from directly above or below the sign face. Flush mounted lighting will compliment sign lighting and illuminate vegetation without affecting oncoming traffic. Pedestrian areas particularly in higher densities projects should utilize low level or billiard lighting. This form of lighting t will provide adequate safety with less glare. 1 j t t ' 20 A A A A low A A low A A I Single Family Estate Style B Figure 4.9 i l: I,L�. T JL - _- T - - — = d — Figure 4.10 I 18 l l Single Family Estate Style A 7- I . L )_ r_ J. L � 1 T�r . J=.. 1 G -RamIt 1 � M1 I_ _I �<'al �f ��� ,� �� ��•may - _ -- - - - - l t t Single Family *Moveup' Style A ! � i hIHt.;P-N� --� -1940 owl I in - 1 1 _ _ Il LL S� 000� r�o or�oo� II'� � '� ,�. • . c�^ oa000E] 4���>`-�� sloN� �,r N�f2 Single Family 'Moveup' Style B Figure 4.7 nr�or�or� r � Lon, Figure 4.8 17 SingleDetached/Patio rw � �w�ut+� • . / �A1a■ff'■ w LI ■Y■�ww■■■��L . /'�Rt1tf p EMIRMRr w � �wl...� ■�wwwZ'�.•ww• ww tsw �� laje- ISO a lima1■Ila INK Y'r _ 7■fir ..: a �.! 10,• man �t li Box i ��'n-ae�•eyrc:7lF�it�:.ngti',�sY...a,:o�: 3x`k.:V•I�' .�.e%s.a:..:rr.! ...r.�•s .w " wwwww..wwwwwwww�w �w.•wwwwwwww�w■.ww• . � �wl■.���w�rwwwl�w■��■ ww�www�w■�ww�.•www � ■w��wwww�w���w�w■ wwwwww�w�ww�■ruw.r wa— rl:±!.01 wiYiaw ■ �1'�"'I w'av�' �■�'.�a■w>=wwt�■ T IT Tr- ` �• '�'itu'7ill ilimuuyi'111uuiwilllui lil ■ �u�-- w aM'1.1Kkfi.".i?21��!14er11?f:t:n'.-YWyi�.:c,L•.�7AL!c:I.:�ifk 1 .� •/ • 'as,v`r.:.V�:Y7G�••.e aarYi• .7!d'+^.p,•e�,r-r�rs+a::1.rt •I Figures 1 1 1 1 t 1 i 1 1 1 I 1 1 1 1 1 1 1 VI. LANDSCAPING A. INTENT The landscape design techniques developed for Spring Meadows will ensure consistency throughout development areas creating a subtle visual unity and maintaining a high degree of quality. Plant materials of varying heights , density and style are the key elements in creating an innovative plan. As guide for prospective builders, general planting principles and recommended plant species are also included in this document. This is to: * ensure that as various phases of the development are built-out, the character of all open space and landscape areas will provide harmony in a maturing community. t` * help to guide the homeowner and builder in the selection of species that are compatible with the Bozeman climate and even further with the site location of Spring Meadows within the Gallatin Valley. A landscape credit has been included in the sales price of each lot . This has been done to further control the direction and implementation of the landscaping within Spring Meadows. B. Landscape Plan The landscape credit has been designated to one landscape contractor . A landscape plan must be submitted to the Architectural Committee with building plans for approval . This shall also include multi-family areas which fall under the reviews of the City of Bozeman. This plan shall also include proposed methods of irrigation . The landscape credit is sufficient to provide this landscape plan as well as a sizable credit towards installation of the actual landscaping. iAll landscape improvements shall be completed as per plan within 15 months . This time period shall start at the beginning of construction. C. Neighborhood Landscaping An overall development landscape inclusion plan has been established to enhance the atmosphere of the entire Spring Meadows Development. Those items to be addressed include: *Buffering the Sourdough nature trail from adjacent developed areas and create a pleasing setting conducive to walking, jogging, cross-country skiing and passing time along this natural trail . This would include incorporation of benches and berms to create peaceful sitting areas. 21 *Buffering the west boundary line along Graf Park. This has been done to "Soften" the effect of this development on Graf Park and the views from existing residences to the west. This will also serve to identify the boundary between Spring Meadows and Graf Park. This landscape is planned to vary in line from on the boundary line to plantings in Graf Park to avoid a "Shelter Belt" look. *Group plantings are planned at specific areas to add to the overall look of the area. These are planned: 1) In conjunction with the entrance sign on Spring Meadows Drive. 2) In the area of Flat Creek. 3) At the entrance to Spring Meadows congregate living area. iD. Landscape Credit A landscape credit has been established with one landscape contractor to ensure that the overall scope of intent is maintained throughout the build-out of Spring Meadows. This credit is included in the sales price of the lots and is to be put into Escrow for the landscaping at the closing of each property . A recommended list of plants - is included as a guideline for initial and ongoing landscaping. E.. .Recommended Plant List Evergreen Trees 5/6 ' Colorado Spruce Black Hills Spruce Scotch Pine Austrian Pine Deciduous Trees Weeping Birch Clump Birch Quaking Aspen 1 1/2" Brooks Hybrid Poplar Flowering Crab Shubert 's Purple Chokecherry Decora Mountain Ash Japanese Tree Lilac ^� Ginnala Maple ' 22 Deciduous Shrubs Potentilla 18/24" Alpine Currant Cotoneaster Red Twig Dogwood Lilac Honeysuckle A W Spirea Gold Flame Spirea Ashleaf Spirea Purple Leaf Plum L Golden Elder Rose Tree of China Dwarf Highbush Cranberry Rugosa Shrub Rose Evergreen Shrubs Mugho Pine 18/24" Techny Arborvitae Welchii Upright Juniper 3 ' Spreading Juniper 18/24" -Buffalo -Scandia -Tam -Prince of Wales . -Blue Chip -Hughes -Savin -Pf itzer 23 1 1 1 1 1 1 1 1 1 t 1 I I 1 I 1 1 VII. OPEN SPACE / TRAILS A. INTENT The Sourdough Trail within Spring Meadows has been designated as an integral part of the character and visual amenities . Uses permitted within the trail area are to be determined by the City of Bozeman and the Bozeman Rotary Club. B. Accessibility Trail connections within residential areas are critical and should be located advantageously so as to encourage open space use. �. The Sourdough Trail has been located to provide a connection to Graf Park . The Trail crosses Spring Meadows Drive at the intersection of Graf Street to provide a controlled intersection crossing point. The area to the northwest of Spring Meadows Drive connects directly to Graf Park to provide the area for the trail in a more natural state than on a sidewalk or street. The trail extends to the eastern edge of the development to allow for the potential of future construction to the south. C. Park/Open- Space Landscape and Maintenance Funding Funding, for landscaping along the trail is proposed to be provided by the City of Bozeman park funds , Rotary Club 1, involvement, and developer participation. Maintenance of the trails and open spaces are proposed to be maintained as follows: *City of Bozeman - dedicated parks and open spaces as accepted. *Homeowners ' Association - entryways, tracts , local R.O.W. 's. *Bozeman Rotary Club - Sourdough Trail as accepted. 24 t 1 1 1 1 1 1 I 1 1 1 1 f i 1 1 B 0 Z E M-01 q CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 June 19, 1995 P . Brian Rogers, M .d . , P. S . 1727 West College Bozeman, MT 59715 Dear Dr . Rogers : I have looked into the matters regarding Spring Meadows PUD which were described in the note and photos you sent earlier this month, and offer the following. First, there was no authority ever granted .or implied that would have authorized the property owners in Spring Meadows to extend r their- landscaped yard areas "'into 'Graf 'Park. " , I Have ' made the Parks Department aware of 'this and asked them to take the necessary steps to eliminate the encroachments within a reasonable time-frame . Second, I understand that as of June 14, 1995, the obstructions placed in front of the .emergency access to the north of Spring Meadows have been removed . The pile of dirt was associated with nearby construction activity -- as construction is completed we would not expect to see any repeat -of this situation . The R.V. was gone but may have/ just 'been ` "out on - the road" -- we will monitor the situation and take whatever steps are necessary to' ensure the emergency access remains unobstructed . in the future . Please contact Ron Dingman in the Parks Department, or Roy Beall or me in this office, should you have any further questions. Sincerely, Andrew C. Epp le, A*CP Planning Director I BOZEMAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 MEMORANDUM TO: RON DINGMAN, PARKS DEPARTMENT FROM: ANDY EPPLE, CITY-COUNTY PLANNING „(f DATE: JUNE 16, 1995 �11 RE: GRAF PARK ENCROACHMENTS ----------------------------------------------------------------- Thanks for verifying the landscaping encroachments in Graf park at 2865, 2905, and 2945 Spring Meadow Drive . I have reviewed our file on the Spring Meadows PUD and find that there was no approval . granted or implied authorizing lot owners to utilize Graf Park as extensions of landscaped yard areas . . As such, it would seem appropriate for the Parks Department to use whatever authority you have to require those individuals who are encroaching into the park to eliminate the encroachments within a reasonable time-frame. The developer wa's -supposed to provide "natural plantings" in the park area * adjacent to- the rear property lines of the subdivided lots, to serve- as a "buffer" between the homesites- and Graf Park. We are in the process of requiring • him to make good on this commitment, and will advise him to consult with your department before finalizing plans for the "natural plantings. " Thanks for your attention to .this matter, Ron. If Dr. Rogers has any . further questions about . the above-referenced park encroachments, I ' ll direct him your way. cc : J.im Wysocki, City Manager ! e" !�- I I ` 1 I I MEMORANDUM TO: BUILDING OFFICIALS/INSPECTORS AND PLANNERS— FROM: DEBBIE ARKELL, ASSISTANT PLANNING DIRECTOR , DATE: JULY 28 , 1994 RE: SPRING MEADOWS SUBDIVISION 310 PERMIT VIOLATION Dick Vincent, FWP, called today to discuss a violation with Flat Creek, which runs on the east side of Spring Meadows. When the subdivision was approved in 1987 , a condition of approval was that a 310 permit be obtained to relocate Flat Creek to the eastern boundary. The final plat shows this relocation (attached) . However, the Creek was never relocated ! ! Mr. Vincent found out that the creek has been piped within the last year, and a home has been constructed on WETLANDS and over the pipe . From my review of the building permit files, this would be the home on Lot 12 . As with any stream, a 35-foot setback would be required, but the building permit does not show a stream (probably because it was piped) . We discussed the wetland issue, noting that the plat was approved in 1987 , which was before wetland laws . I 'm not sure what FWP will do with the violation. Until they make a determination, BUILDING PERMITS SHOULD NOT BE ISSUED ON LOTS 11 , 13 OR 14. It appears that the Creek is piped on Lot 11 , also , but Mr. Vincent has requested that no permit be issued there either. Spring Meadows was a PUD which allowed relaxed setbacks, but a 35 foot setback must still be provided from the stream. _ SC E I o SO'Wfl) PUBLIC UTILITY S MERBENCY ACCESS ROAD l�wi~w 4t)C,�! 1 SEMENT EXTENDED TO FAIRVIEW DRIVE 15' Wide Storm Sewer , 211.73!(R) j Easement_ _ _ S.89°07'56"E-211.80'(lllh ` 90 J Utility' P.0.B. I 10 11 g 10,529 S.F.' 10,504 SF. g .;.... /� 4 . .. T 3 33 ' 7 .18 ' 2 6 23 . 701 I pT. \ 1 �� 0 08 59 . 3 - to a 64 ' 61 . 27 ' .�.. : . 71 22 . 75 ' N N_1 8 9 , 12 8 9,147 ,E tl 9,TOBS.F. o , ` 26 ' 29 . 95 ' - 12' 45 . 65 ' I ( Its 47 ' 47. 97 ' tlee°!S6'!ks•F. _-- 1 1 Flat Creek 4 2 ' 5 6 . 2 6 ' � � se.e�' ! _ _ r�°�'sa•E. � �. N 03 ' 60 . 03 ' i ( i 851 37.65 ' I $ 8 ..i $ . g 1 13 g 28 ' 60 . 33 ' !�10,489S.F. 4 s $ 8,945s.F. $ 80 , 81. 04 ' I ! b4WIOEP 3 3 ' 2 4 . 3 3 ' 00'WIDE WALKWAY ! € IUTY7tiT 94 ' 88 . 47 ' PART Of PRIVATE 8&99' I o11tvE 4 8r ' 1 1 24 ' 44 . 89 ' _ ..i 1 ' I 8 1 8 14 22 ' 157 . 18 ' 8 '$ ' Q "5S.F 18 ' 13 . 68 ' o 9AMSF.1 8 I xG , 55 ' 14 . 99 ' zo' �Ktae utility Eotc tnt {Typ.) I i' � $974 84 � 8 . 75 I , , 32 13 . 81 ' ee.e+' .I I / I 15 - g i ci ci 10,783 SF. g y I $ 8A89 S.F1 8 1 I DATA I C., •, I � i I I Ne v I T 29' 38 . 96 ' $ 5 18 g 9,008S.F 8 6 6 ' 7 9 . 15 ' I `- I $Sp9 s.0 12 ' 114. 13 ' , i i r . 17 ' 133 . 471 _ - .::.. _ _......... t nag R $ W I ! g 4 1 8 i 8 9,028 S.F. $ 10,400 S.F. '= 1 i It o 4 GROUNDWATER WITHIN THE SUBDIVISION, ESTIGATION OF THE SEASONAL HIGH �� I I I aT o BY A OUALIFIED ENGINEER OR SOIL 'ION OF STRUCTURES WITH A LOWEST :E FEET BELOW THE TOP OF THE CURB I" $ 3 I� N 16,859 S.F. N IS SERVED. 4 9,333 S.F.' — I — �; 1 , IS' Whit Utility Easement Across V 1 R �' tLe9°Y6e6"E. 111 U- T I 90.61' ai MEMO TO FILE TO: FILE P-8706 -- SPRING MEADOWS SUBDIVISION FROM: DEBBIE ARKELL, ASSISTANT PLANNING DIRECTOR DATE: JULY 28 , 1994 RE: 310 PERMIT VIOLATION Dick Vincent, FWP, called today to discuss a violation with Flat Creek, which runs on the east side of Spring Meadows . The creek has been piped within the last year, and a home has been constructed on WETLANDS . We discussed the wetland issue , noting > that the plat was approved in 1987 , which was before wetland laws . Flat Creek was to be relocated closer to Valley View Golf Course , and a 310 was issued for that . However, no mention was ever made for the piping of the creek. I 'm not sure what FWP will do with the violation. I left messages on Vincent' s answering machine with the information I have in the file . Coves � -CL o4 w � �z ytic 21 15 BOZEW-- J[ CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640. BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 February 7 , 1992 Spring Meadows Partnership Mr. John Miller 629 Mountain View Drive Bozeman , MT 59715 RE : Spring Meadows Planned Unit Development Dear John : It has been brought to my attention that when the Spring Meadows development was approved in 1987 , specific landscaping was to occur in the open space and along Graf Park and the Sourdough Trail within the subdivision PUD. Page 24 of the Development Guidelines states that all landscape improvements were to be completed per the approved landscape plan within 15 months of the start of construction (page 24) . Our main concern is the buffering of the west side of the lots adjoining Graf Park . This buffering was proposed by the developers to "soften" the effect of the development on Graf Park. Group plantings were planned at specific areas and were proposed to be installed in conjunction with the entrance sign on Spring Meadows Drive, in the area of Flat Creek , and at the entrance to Spring Meadows congregate living area. Item #F on page 26 of the Guidelines states that landscaping "shall be installed prior to filing of the Final Plat or by the end of the second planting season. " The Development Guidelines were a requirement of PUD approval , and as such are binding to the development. Thus , an effort must be made to begin implementation of the landscape plan . Section VII , Open Space/Trails, of the Guidelines discusses funding for landscaping of the trail through City of Bozeman Park Funds, Rotary Club involvement and developer participation . The City is holding a public meeting on Monday , February 24, 1992 , at 7 : 00 p.m. in the Lindley Center (old U .T.C. Building ) to discuss development/improvements to Graf Park. This may be an ideal time for the Spring Meadows Homeowners Association to become involved in those plans and perhaps coordinate the Spring Meadows PUD plans with those of the City . Thank you for your attention to this matter, John. If you have any questions about the proposed plans for Graf Park, please contact Sue Harkin, Recreation Superintendent, 587-4724 . Sincerely, Debbie Arkell Associate Planner cc : Sue Harkin , Recreation Superintendent John McNeil , Park Superintendent 0 CORPORATION R/W Number EASEMENT The Undersigned Grantors)) for and in consideration of One---------------- Dollars 6 1 .00 ) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby rant and convey unto U S WEST Communications, Inc., a Colorado Corporation, (Grantee whose address is P.O. Box 1716, 1022 Chestnut, Helena, MT 59624, its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, operate, maintain and remove such telecommunications facilities from time to time, as said Grantee may require upon.9 over, under and across the following described land which the Grantor owns or in which the Grantor has any interest, to wit: A strip of land 5 feet in width located in the dedicated City Park as shown on the Spring Meadows Subdivision Plat , of record in the office of the Clerk and Recorder , Gallatin County, Montana . Said strip being,- the 5�feet North of, parallel and contiguous with the North property line and the 41W 5 feet East of, parallel and contiguous with the ' East property line of Block 3 , Multi Family Lot 1 , Spring Meadows Subdiv- sion and located in the St4 of Section 19 , T . 2S . , RA E. , P .M.M. situate in County of GplIatin State of — Montana , Grantee shall have the right of ingress and egress over and across the Land o t e Grantor to and .from the above-described property and the right to clear and keep cleared all trees and other obstructions. Grantee shall be responsible for all damage caused to grantor arising from Grantee's exercise of the rights and privileges herein granted. The Grantor reserves the right to occupy, use and cultivate said Easement for all purposes not consistent with, nor interfering with the rights herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. Signed and delivered this day of A.D., 19 Attest: Grantor CITY OF B07EMAN Secretary BY: (SEAL) Its: State of ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 19 , by as of ; a Corporation, on behalf of the Corporation. (SEAL) Notary Public for the State of Residing at My Commission Expires GRANTOR(S) LOT BLOCK City Of Bozeman QUARTER SECTION S 1 fd SECTION 19 REMARKS TOWNSHIP 2S City Park RANGE 6E EXCHANGE OR TOLL tINE Bozeman JOB NUMBER METHOD OF PAYMENT AGENT 2346064 DLS P . Marlin Simmons TYPE OF LAND APPROVED BY Park This space for .recording information 4 18 - g 9�028 S.F. 8 DATED this l� day of �itlL(,q 1,400 S.F. I 1 • 1 . i I 90.37 0 o 88.�• I I IQI $ I die g 3 I O 6 1 ,859 S.F. N ,333S.F1 o I CERTIFICATE OF I i 15' Wide Utility Easement 4c+oss P+gate D+irel Typ.) Ip I I 9o.el' I , the Director of Public Service, accompanying plat has been duly examined y f: W 1 -I g� I 19 1. it, and hereby accepts the dedication to 2 18 $ 9,872S.F. being dedicated to such use. 133 S.F. N 1 0,0. DATED this 17 day of _70-LN , �o .8905e5e, 20 ee.es'i i 15,210 S.F e�� 0/1, �o e 1 I m r l Ke9°ss'rls"'E• sP ��� '4r F --- - ..17AD 9 ),327 S.F. c s - - 21 - -I ,� 12,739S.F. � 20' Wide Utility Easement (Typ.) e7.es I \eep A&' CERT 1 22 ° I �Z 1.� � _ T: RK �`.I II / � W,436S.F. , , aJS.� /6'WIDE SIDE WP \ 4 duTIUTIES EA$E� � � ° � TIP that the accompanying plat has been �15'.15' Eorcnc a 6w` �4o' E and levied on the land to be subdiv �� iv Easement / \ /1 14o•es I � (Prlrare)24 1 1eo' 134'W"�k f �° 19,197 s. un�mES EASEMENT DATED this �_ day o 23 9/ 22,984 Sr.F. o. S90034 36 E. ® 118.31' 32'25 305.74' —'- - N.89°12'08"W.---- -- -- - 424.05'--- — CENTEI 4 — PARK --- __-- -. % S.89018'02"E� AS sHo ' -- — 2.236 ACRES { - — --� - SF 501.71 FOUND L 30'WIDE WATER \ 5.89012'08"E. 313.00' SINE EASEMENT ��, �'. / L— R Multi-Family lot � 1 3 �VOG� ' 63,436 S. F. � .90 in c m a P V a N NM o, m _ o a o TEMPORARY TURNAROUND O EASEMENT 0 V rH 301.10' 272.87' N..89°10'13" W. 573.97' 3Z5' 32.5' M S.000 28'01"W. 43 4 5.00' CONSENT We, the undersigned mortgagees , do hereby join: respective liens , claims or encumbrances as to i caused to be sur- stre.ets., avenues , parks , or other public uses ai awn by the plat )f land , to-wit : Data this _ �__ day of ��'���,_____ , 1988 . `. . 06 December 19, 1991 TO: James E. Wysocki, City Manager FROM: Phillip J. Forbes, Director of Public Serviceor RE : Montana Power Company Easement I have reviewed the attached underground utility easement across Spring Meadows parkland with the Parks Superintendent and have no objections to the installation. I therefor recommend approval . Please contact me if you have any questions. a E-PRING P ofe-d 2-D' rvf wlo, L 40 f J. r P.O. BOX 490, BOZEMAN, MONTANA 59715 MONTANA POWER COMPANY ANN M. GIBSON MANAGER LETTER AGREEMENT TO WHOM IT MAY CONCERN: This letter is to confirm in writing the verbal commitment that the Montana Power Company will pay for any damages, will restore the surface to its original contour as nearly as practical after the installation, operation, maintenance or removal of a gas line on the lands of. Z 6/22 Al James Vollmer Dale Ellison Right-of-Way Agent Division Gas Supervisor DATED: DATED: Pi4�Li� pF' sPlz�.,�4 m�.oDows v �574 A/C 6 S � 3 D; !J or A PPS ox . ' 13 c57 TELEPHONE 4061586-1331 I . - O • RIGHT-OF-WAY EASEMENT C f;1 OF, Z,4n L /2-h7—i ©/V of �ti/ , Montana, inconsideration of $1.00 and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, doi"S hereby grant and convey to THE MONTANA POWER COMPANY, a Montana corporation, 40 Fast Broadway, Butte, MT 59701.9989, and to its successors and assigns, a utility easement -20- feet in width upon which to construct, maintain, replace and remove its facilities, over under, along and across that certain real property located in - County, Montana, and particularly described as follows: A/ TOWNSHIP -r►40-/S/ RANGE lv &AsT P.M.M. F,c.1MI d T '; S � t SECTION/LL: sw $f,., A 57'7A2 it P o y«i D ,6— �0/2 ��& C—��c . ?`Fi) s `iz 4 5 0,ety-,yc'2� y D/2G-�r-i�/Y 7"/11Z q A PoR7`iaAo- ol= G.4 t-c--/J Iw2 /le, roIz �is�.� �ycc— pl P'PPz0 70 7:a 7- '/� i�y.� �e& _ 71-/C- s"4i b se /,->!ai C&'S 7�6 Spa (At F M -4OADWs- Su[31)1V i5oM TOGETHER with reasonable right of ingress to and egress from said nght of way over lands of the Grantor(s) using existing roads and trails where practicable, the right to use and keep all of said easement area free and clear of any and all permanent obstructions except property line fences and the right to clear and remove any brush from said right of way which may endanger said line(s) or facilities. THE GRANTOR(S) do_ hereby covenant with the Grantee that they arc lawfully seized and possessed of the real estate above-described, that they have a good and lawful right to convey it, or any part thereof, and that the Grantor(s) will forever warrant and defend the title hereto against the lawful claims of all persons whatsoever. DATED this day of , 1991. STATE OF )ss. COUNTY OF On this day of , 1991, before the undersigned Notary Public for the State of personally appeared and , known to me to be the persons whose names arc subscribed to the within in- strument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Scal the day and year in this certificate first above written. NOTARY SEAL Notary Public for the State of Residing at My Commission Expires Tiled for record this day of , 1991, at o'clock and re- corded in Book of , on Page of the records of the County of Missoula, State of Montana. CLERK AND RECORDER By PROJECT: RETURN TO: MAP NO.: THE MONTANA POWER COMPANY W.O.NO.: REAL, ESTATE DEPARTMENT 'i'ILACT NO.: 40 East Broadway ACQUIRED BY: ���� o cG y� �,2 Buttc, MT 59701-9989 BOZEMAN CITY-COUNTY PLANNING BOARD STAFF REPORT ITEM: PLANNING APPLICATION #P-8706 -- AN APPLICATION FOR PRELIMINARY PLAT APPROVAL OF SPRING MEADOWS SUBDIVISION - A PLANNED UNIT DEVELOPMENT APPLICANTS: SPRING MEADOWS PARTNERSHIP, 618 WEST GRIFFIN DRIVE, BOZEMAN, MONTANA DATE/TIME: TUESDAY, APRIL 28 , 1987 , AT 7 : 00. P.M. , MEETING ROOM, BOZEMAN PUBLIC LIBRARY, 220 EAST LAMME STREET, BOZEMAN, MONTANA REPORT BY: MARCIA ELKINS, LONG RANGE PLANNING AND SUBDIVISION ADMINISTRATOR ----------------------------------------------------------------- Location/Description The property in question is described as a portion of the Nor:thwest—�Quar.ter,of;Sect-i--on=T9--and!Certificate=of=Sur.vey`No. 8�1- A locat.9ed=in-the Northwest=Quayter=of=Sect-i-cn--1:9-,=TownsYi-i•p=•2 South,—Range=6=East-;-M.P-M..,—Ci:ty of-Bozeman,Ga1l-atin_—County, Montana . The property is more generally described as being located4east^of-East Graf-Park , south of We_str,idge Meadows P.U.D. a d—west f o -the w-Va-1`1'ey-Vi'e G"ol'f-Cdur's'e. The proposed , Planned Unit-Development`subdivi-si-on-i'ncorporates,18...6_acres','of land . W SIR _ S iL I PAR. _ y V f'a R• P(Z— i I I ! T I. TT T t I N t u EASI GPa{ Z P.Pr A40 �4[(. _ A i N ' I ItVawo oa R-2 1 General Proposal The applicant is proposing�to_create-a_�27�to subdivision . The lots range in size fromr8;900 square feet to 4. 96 ac er s. (An error on, the plat incorectly states the area of Lot 2 ,Block- 2 as 4 . 12 acres) . A fir ' a e road tract incorporating Spring Meadows Drive and Billion Place would also be created . Graf Street would . be dedicated with a 60 foot right-of-way at the western end and a 65 foot right-of-way alon _ tral and eastern portions of the roadway. A total o . 57 acres f park�land�would=be ded'i-� c ted in thr a locations : `t e southwest-corner,-and_the-south- east corner--of-Ea-st--Graf-Park, and extending east and south of Graf Street to the southeast corner. of the property. The pro- posed,-.park--dedication—would-prov=ide_f,or an- ex`tension1of—the Sourdough Tra_i.1-f-rom-East_Graf_Park across the proposed—develop_ i,ment. Staff Findings The proposed subdivision is being reviewed as a Planned Unit Development. In addition, the-applicant has requested P.U.D. review of the proposed d_eme-lopment_pursuant to the Bozeman City Zoning Code,.,Concurrent public hearings for the proposed devel- opment have been scheduled before the Bozeman City-County Plan�- ining Board and the Bozeman City_ Zoning his_ Commission. However , t report will address only those issues r`ela-t-frig-to-th'e preliminary plat application . Land Use/Master Plan The Bozeman Area Master Plan designates the property in question for development as_-Low Den-sTity-Res-i-den-tral'^'"LaoUse-s. The current zoning of the property, "R-2" (Residential , SIng-le" Family Medium Density) is consistent with the density provisions outlined in the Master Plan. The Master Plan describes low density residential land uses as having-a_maximum of seven dwel- ling units per acre:--The-"R " zoning district allows a P.U .D. td_ develop at five dwelling units per acre, although with La density bonus a maximum of 6 . 75 dwelling units per acre could be (allowed . Any development proposal of the lots being created will be required to comply with the appropriate zoning regulations insuring conformance with the Bozeman Area Master Plan. Ir The "R_2" zoning_d_i_str.i.ct_requi-r.es_a minimum lot area of �000 quare feet and a minimum cst rontage of feet.—Eaeh-of the�proposed—lots complies with the minimum area �and� frontage requirements of the Bozeman City Zoning Code. Community Impact Statement and Environmental Assessment The applicant has provided a full Community Impact Statement and Environmental Assessment. As noted�in�-the--pr-eappl-i,cati•on A re-view, th-e-Planning-Staf€-'•s-primary concerns are the impacts of 2 the proposed development on watercourses and flood plains, groundwater considerations, location and development of parkland, and on-site and off-site vehicular and pedestrian circulation systems. Watercourse/Floodpla.in Impacts Two watercourses cross the proposed subdivisri-on,.lMatthew Bird p g Creek crosses the southwestern area of the site a a Flat Cre is'-1_ated along the northeastern area of the_prop;er! sty. ` Floo plains have been designated along both of these water- cour-ses . _,The--applicant—has-proposed the relocation of Flat Creek along the eastern proper ty_to,::-insure:that-Lots-1-1-,-12-ande-13-in Bliock 1 contain viable building sites . The proposed stream relocation would—be undertaken in cooper,at-io_n_wi.th_the,,,Montana Fi-sh;—Wi'17dl7i'fe and--Par-ks--Depar.tment�n an effort to create a viable—fish_hab.i.ta edt_in Flat Cre relocatedThe` stream` must have a length and gradient equal to that of-the` existing stream. Approval of the stream relocation requires approval by the Feder- al Emergency Management Agency, the Gallatin Conservation Dis- trict and the adjoining property owners. In addition, the appli- cant has requested—a_wai_ver of the 35 foot stream setback requ•i�rement-outlined in the Bozeman i y Zoning Code. The Zoning Board.—of_Adjustment_is the only body which_ has the authority to] issue- a variance to the Zoning Code, wand any request sh"ould-`b-e If_orwarded-to-the-Board of Adjustment for review. With the stream relocation, Lots 11 , 12 and 13 in Block 1 would contain viable building sites , although the relaxation of the stream setback would allow greater flexibility in the construction of residences on those lots. A 310 Hermit from`the Gallatin Conservation District is required' for the extension of Graf Street across—`Matthew Bird Spring Creek . A floodplain development permi"t"� must also be obtained--f-rom the City Engineer . A 35--foot-stream setback will1 also be required along Matthew Bird Spring Creek. Q,u� f Groundwater . The_Bozema-n-Area_Master_Plan idT entif'ies seasonal groundwater as being within three feet of the surface on the proposal _Iite. The—Environmental Assessment indicates that on March 31 , 1986 groundwater levels varied froi+cEour to seven eet across the site . Due to the potential problems associated with the con- struction of basements on the si.te.,_...-the Staff is^propos..ing—the incl•usi-on--`of the following warning statement on the face of the f-i,na-l-plat:. re�e�.nee -rya stGt..v�D�d �pulv��►� ��. 3 "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the seasonal high groundwater levels be made by a qualified engineer or soil scientist prior to construction of struc- tures with a lowest floor level more than three feet below the top of the curb of the street from which it is served ." Utilities City r7s:�e�werservice will be extended to the site from the existing malIn ocated in the Westridge Meadows P.U.D. north of the proposal area. An eight_incli line would run south along S-pring Meadows Drive and exte ong-y-Graf--Street. The-Ci•ty Eng-i-nee-r-has-recommended-t_he,= xtension f the sewer line from"the intersection of Spring Meadows �ra raf Street northwest to provide service to the adjoining _the_Amended_P.lat_1-46- 11 A: j-.-The—Super-i,ntendent-ofSes requested that para- graph 7, page 6 of the Protective,Covenants-be_ vi'sed::to--e-1=im`1- nate;refe-rences-to-d'i--sposa-l=ofWgarbage.,---trash=or=dfher waste--or ,debri•s=through=the=use=of=thelsan--i-ta-r-y`sewer system. TC-ity=water=s st i=ce=wo-u_l�d-be--prov-id.e_d-fr_om=t-he 24 inch--ma-in wh ,c-hh=cr-os-s-es=�-the_=pr-oper.ty ------*s An eight inch water line would extend north along Spring Meadows Drive and would connect with the existing main located in Westridge Meadows P.U.D. Adequate water flows would be available on the site to provide domestic service and fire demands:—Frerhydrants are currently located at the--western-boundary of the property adja- cent to Graf Street and approximately 245 feet east in the middle of Graf Street. (The ladder will be relocated when Graf Street in constructed . ) Five new hydrants are proposed through- out the proposed subdivision. Complete engineering plans and profiles for sewer and water ibprovements must be submitted for review and approval by th`4-1 City Engineer and the Mon tana-Deparament of`Hea h-and—Environ mental Sciences-prior t oval_ d o final plat appr vidua sewer and water--services-are-requied r - for eadh --lot. Paragraph-1; a ee 6 o e Protective oyenan s s ou= = e=_deleted to eliminate any pos's-ib17e confusion, as joint.-or_shar_ed-water serv-icesare a- noty arc c e-p t a b l e-. -�W Two storm drainage facilities have been proposed and have been designe�to accommodate a five year -storm. one retention facility would be located no-rth-of Graf-Street-in East Graf Park . Inlets in Graf Street will receive storm drainage which will then be dir.ec.ted_to_an-oil separator/sediment tank flowing into the sur-charge basin and eventually draining into Matthew Bird-Sprung Creek . similarlfac-i'1"i-ty wi'T1-be located at t or.he_nthern=end, of Spring Meadows Drive with flows directed into Flat Creek. 4 The Montana Fish;Wildlife;and-Par-ks_D_epar.tment_ has expres- sed con ns-wi-th-t-he-d-rai-n-ing-of_stor-m_- flows into Matthew B-ird� Sprrng�Creek� Apparently, fish kills have occurred`in�-F-g_gins'- S'ubdivi-sion-. They have indicated a preference for diversion. o storm draina eflowsinto Flat Creek.. Because f "theptopo-gra—ph'y ofthesite anwd c,onc,erns for down stream flows, the City Engineer has recommended not_be diverted to Flat C-reek. Fur fher , fhej� City records�indi±cate that. the storm drain- ag_e,,,,in the Figgins Subdivision is untreated . ThO proposed subdi- vision=.does provide for the utilization of an oil—separataor% sediment tank providing-g_reater water--qua-l-i•ty pr-o-tec-tion_._t.han Curren"tly found" 'n�`ttie Fig`gins�Subdi•vi•s�on. ' The Superintendent of Parks_/Cemet_ery has questioned the locatioT_n of the storm drainage retention pond in East Graf Park' It—i-s--pre=ferab_Te to�l•ocate such public facilities on public land to insure adequate access for maintenance procedures. The reten t `on—pond"is a sh-allow dep ss`ion-wi-t-h-appea-rances similar to that of a natural swale. Retention ponds havhistorically been successfully located-in-public-par-ks-i-n-Bozeman and other commu nit- es a d the use of the space for a detention facility i-s=z_-not incompa it ble w-iththe use of the public pa rk—for—recreational purpse,s. The- City Engineer-has 'expressed a concern with access to the storm-,retention pond located_on_Lot-�ll in Block 1 . The proposed e5erg-enc-y--acces-s-bar it Cade could preclude access to the facility by maintenance personnel . An access easement or other acceptable arrangements should be made to insure adequate access is avail- able. Engineering plans and profiles for the storm drainage facilities must be submitted for review and approval by the City Engineer prior to final plat approval . 4Ten foot utility easements, in addition to those delineated on the—plat;have-b-eeri provided along all exterior lot lines pursuant to a note,-on_.the-plat.�However , that-note-appears to be incons-istent w th the requirements for utility easements found inj ifh;e cove-rants.—f 1arification show -be provided prior to'frnal plat approval, A t- lit--easemen should-be-not"ed along Spring Mad s Drive and Billion ace o accommodate the sewer and water lines and the location of fire hydrants. �A11 uti-li-t-ies-ar0 re-qu-i-red—to-be-i•ns-tailed--underground . The-developer has indi- cated compliance with this requirement in the Environmental .Assessment. An additional concern has been raised regarding the planting of trees and other shrubbery in the 30 foot waterline easement which crosses the property. No trees or shrubs should be planted along the easement to insure that such plant growth does not interfere with the 24 inch water main,._Paragraph 6, page--8 of the Covenants should be revised to restrict plantings in required easements. As the proposed—utilities-wi`l`1`be publ c—servi-ces-,,no restrictions-should be placed onrthe_ma-i-n-tena-nce-of tho_se_utili--I ties by the City. Paragraph 7, page 8 ofthe Covenants--should=bel rev-i-sed prior t.o-f.ina-l-approval of the subdivision -� 5 Park Requirements The Bozeman Area Subdivision Regulations require that e ninth�of the area of any residential subdivision be dedica s bY' S _land_.--_As—noted-a.arl,ie-r.,—three_tr act s_o.f_land totalingacres in area have been proposed for dedications. Based on -_ _ombined_area_of�the_pr.oposed-lots, 14:4 acres , only a e of land must be dedicated as _parkla�nd_. 'L The proposed sub--i•v-ision is_providfngq nearly an acre more land than is required by the Bozeman Area"Su d-i'vi•si`on-Regu 'at-ions. The location of parkland within-t-hi-s--subdiv .s-ion s_crit_ cal because of-the potential fro_ =linkage with Sourdough Trail to the not-tYi, through East Graf Park , and to the_s_outh,across pri.vat.ely owned property:—Par-k1'and—has b n proposed at the southeast corner-rof-EastJGraf Park and continuing to the south of Spring Meadows Drive extending east and south to the property boundary. An easement is noted on the plat across Spring Meadows Drive, a private street, insuring the necessary linkage of the trail from East Graf Park to its entrance onto private property at the southern property boundary. It is important to note that the applicant has not only insured the continuation of the trail in the proposed subdivision, but he has provided spaces with ade- quate areas to allow for the development of the trail area. An additional tract of park land would be dedicated at the southwest corner of East Graf Park, assuring_public access to the-.-park_f_r.om Graf—St-reef.=The_jproposed subdivision incorporates parkla dr dedication in excess of the minimum requirements./-The location of the parkland w—ould`ac -§I i compl-impor"tant-community objectives by insuring the continuation of the Sourdough Trail across the proposed development. Sidewalks In---accordance-wi•th-City Commission policy, the applicant has proposed the location of sidewalks throughout the development. Arlong the' private streets , S-pr"ing Meadows Drive and Billion Place, thesidewalk-s-would-be located within a five footpubIic� easement. /A pedestrian walkway i,s�-proposed-fo-r---l-ocati•o-n-�between� Lots 7 and 8 assuring public acdess to East Graf Park. Owners* of the lrO—foot wide walkway should be &I"I ;aJ on the final plat. Handicap-access-curb cuts s ould be provided,.—Engineering plans and profiles must be, submitted for review and approval by the City Engineer prior to Final Plat approva17— Vehicular Access/Circulation Primary • access—to-the-pr-opos-a-l-site-will-ressu, lt from the extension of Graf Street across the development and extending to. the southern property boundary. The Master P1'an--designat;es Graf S-tr-eet-as-a-col-lector streetfeventually extending south to Gold- enste=in Lane. The subdi.v.ision_standards_require the dedication of 16�_f_eet7—of—rigIH__-of-way for all collector roads. Due to the cons tra'ints--of-e-x sting property boundaries;�sl`i`ghtl`y more than 60 feet of right-of-way is being dedicated at the western pro- 6 perty boundary, matching the existing street location. Sixty- five feet of' right-of-way is dedicated for that portion of Graf Street located east of Lot 6A of the Amended Plat 1-46-A. A temporary turnaround i-s_proposedlfot-the•-souther--the ..terminus of Graf Street. rA_ful`50 feet rad-i-us-of_gravel turnaround s r ace should--be-provided to allow adequate manuevering room for emer-- grency equipment. In addition, an easement must be obtained from'j the adjoin ng—property-owner-f.o that-portion-of-the--or located on the abutting property. A private road tract is proposed for the northern portion of the site, incorporating_S-pr-i-n.g_Mead-ows,Dr,ive and Billion Place. Both private streets would terminate in cullde-sacs.. An_emergen- cy access`-"wi`th-a bre_a_kaway barricade is proposed to the north insuring access for emergency vehicles through to Fairway Dr--i've. Spring _Meadows Drive ould exceed the maximum length of-a perms . vent cul-de-sac as described in the Subdivision Regula ions Thus the applicant is request-rng-a va-t--i`anc-e=to=the: 500 of maximum length-of a=cul-de ssac--to-a-l-low-an a-p,p-ro-xima-t-ely"9-50-foot �c-u1- a-sac. rT_he—maximum cul-de-sa length requirement has been adopted for primarily two reasons; / -i-ns-ure_adequate access and traffic circulation on the site an o provide adequate access for emer- gency equipment. Approxi tely 20-lots wou`ld—util'ize Spring Meadows--Dr-ive-a-s their only access . Traffic projections indicate approximately 200 A.W.T.E. would result from the development of those lots as single family. residences ( including zero lot line developments) . While—better-site circulat-i-on i-s-desirable,:it appe_axs.�that-�`Spring Meadows_Dr=iwe-cou-ld ad_e__ to handle th anticipated_tr-af-fi-c-volume;sTt—I-n_addit=_ion, construct_i"o-n;of1t_ e grave roa � -o t e north should adequately address most of the con-c.er-nsir-elated-to-the-provis-ion of acc-e-s-s-f-or-emergenc veh-i- cles. Due to t�ype an owners ip=o _ -eveT ,opment�ocated north of t-he-proposal site, it is unlikely that a roadway connection between- Spring =Me-adows Drive and Fairway Drive would be com--- p1eted:---The _eLare no other opportunities to construct connecting ro ds due to the location of_East G-r-a-f-Par_k- tothe west and the Val,,. ley View Golf Course_to-the east. Because of the constraints placed on this development by surrounding land uses and the physical layout of the property, the Planning Staff supports the requested variance to the maximum length of a cul-de-sac . The emergency access to the north should be reviewed and approved by -the�CTty=Eng-kneeq;� Fire Marshall and—Eo1_ice—Chiefl prior to final plat approv.a;i Th'e-roads w t in the development m t be constructed_to city tas ndards and engineering=plans--and �`profile'ust be submitted for_ review-a�nd-_a_ppr_ovaLb_y.�the--Gity? �Engineer: - - The applicant�ha-s_pr_ovided_a.FdetailP_d Traf-f'ic Assessibility and'-"Impact Evaluaantion for the proposed subdivision, including trip generation analysis,—traffi._c_assi,gnment and warrant anal y- sis.-FThe-applicant has utilized Trip Generation by the Institute of-Transportation Engineers, 3rd Edition, 1982 to calculate the 7 amount of traffic generated by the development. Based on an estimate of 60 single family residential dwelling units and 60 retirement dwelling units, the applicant has calculated a total Of L79average weekday trip ends. The trip assignment and inter- section analysis indicated that a traffic signal would be war- ranted at the intersection of South Third Avenue and Kagy Boule- vard by the year 2000. This would primarily result from non-site traffic , as the analysis suggests that 3 .8 percent of the traffic at that intersection would be generated by this subdivision. In addition, the analysis of the non-signalized intersection of South Third Avenue and Graf Street indicates that the intersec- tion should continue to operate at a level of service A during peak hours. The Planning Staff evaluated the trip generation of the proposed subdivision in two ways. The first method evaluates the traffic impacts based on the development of the subdivision as individual lots. The calculation assumes that 24 lots would develop as single family residences and that the remaining three lots would develop as individual P.U.D. ' s_ without density bonuses. Method one results in an estimated 445 average weekday trip ends being generated by the subdivision. METHOD ONE TRIP GENERATION HOUSING TYPE #D.U. TRIP RATE/UNIT AWVTE Single Family 24 10 240 Multi-Family 31 6. 6 204.6 (Condominium/Townhouse) 444 Method two calculates the traffic impacts based on the specific P.U.D. proposal being reviewed concurrently by the Zon- ing Commission. That proposal incorporates the development of 75 . retirement dwelling units, 24 single-family residences and 18 multi-family dwelling units ]—A —total of 606 average weekday trip end s--i•s-e"st'imated^to-resuht from the development METHOD TWO TRIP GENERATION HOUSING TYPE #D.U. TRIP RATE/UNIT AWVTE Single Family 24 10 240 Multi-family 18 6 . 6 118 .8 (Condominium/Townhouse) Retirement 75 3 .3 247 . 5 TOTAL A.W.V.T.E. ----- 606 .3 8 It should-be:.noted that the Planning Staff`''s a timates are sig nrfican-fly lower_than=the applicant ' s, suggesting that the] traffic impacts of the proposed development may _ac�tuSally be� less than anti cipated__by the-appli-cants-t-r-a-f-fi-c—study_. Theme-Staff would--re-comm d_._.that—a_waiver^of_ rotest-to--the•-creat--ion of S^I .,D,. ' s for 3.8 ercent of the c Gt�nf the imprnvamP-n .to the in ersection of Kagy Boulevard and South Third Avenue -be-required . -This would insure participation in those improvements by the proper:ty--owner-'-s---of this development when sign_a_l-i-zat-ionai's= required .- Plat Requirements The Final Plat must include all requi-red_certificates on-the face of the plat pursuant to the -Bozeman---Area Subdivision ReguJla- tions. Covenants/Homeowner Association Documents -Seev al amendments to the covenants_have been reciommended previously in this plan. The-Staf-f-would-reco enmm d=that_s,trongerr language—addr-ess-ing--the—role of the Developmental Guidelines; should-be-added`to the covenants! Weed Control Pursuant to—state statutes,,,�a-jweed control plan for the] proposed su"rbd sion must be submitted for review and approv-a•i-by -� the-Cou-nty-Weed-Superv-i-s-or .. Approval should be obtained prior to Final Plat approval . Public Interest Criteria Many of the items which relate to the public interest cri- teria have been outlined in detail earlier in this report. As a result, the Staff has summarized the comments relating to the criteria identified in the Montana Subdivision and Platting Act which the governing body must use to evaluate all proposed sub- divisons .' . 1 . Basis of Need for the Subdivision (-_The_P-lanni�ng-S.ta-ff-has,,_in the-past identified the need for additional single family residential_lots_for-new-home-construc- t.ion withinthe city limits .�'"� _The proposed subdivision would create 24 new single family residential lots for new home con- s'truction .�The three additional large lots-would—accommodate CP.U.D. development-allowing the clusteringof_h-ousing-units.- The c-o-n-current-P U:D.- =zon"i`ng=request-i•s-proposing the development of a congregate living development address-ess-the_h_o-us- need Hof � retired individual The_Popularti�o-n-struc,ture-o_ -f--_the:commun-i.ty; similar to national trends,suggests-that there wi-fl7-15--e an: increasing need for developments specifically designed to provide ho g-for retired-individuals. 9 • 2 . Expressed Public Input As of this-w-r-i-ting.,-.no-publ-ic-i.nput_has been received on the proposed subdivision. 3. Effects on Agriculture Limited agriculture activity has occurred as hay crops have been harvested-from-th'is=s- t:e,inC:th'e pas-.t. Because:of--th-e_poor exi-sting access across Matthew Bird Spring Creek , agriculturaxusej has been limited . -No significant agricultural—impacts should result fromthe removal-of-th-is- 18.6-acres--of land-fr-om=agr'icu•1- D tural production. 4 . Effects on Local Services No significant impacts have been identified through the review process. A number of items have been referenced in the staff report which would mitigate the impact of the development on local services. Construct-ion-of-a-1-1--uti17ity—services,—storm drainage and r.oad-way-s:�-in,accordance_vi.th-city sta-nda_rdsy-.should ass'rs- i'n the provision of adequate servi ec s. The provision of:a waiver of protest to the creation of S. I .D.s for improvements ;.to1 the intersection of Kagy Boulevard_and=-South---T-h-i-rd-Avenue-sho-uld insure that future impacts are mi'tigated..i 5. Effects on Taxation The-pr-oposed-s-ubdivision_. o.gld not have signif__ica_ntyi_mpacts otaxation.. 6 . Effects on the Natural Environment Matthew Bird Spring Creek constitutes a significant riparian environment. Rev-iew oof!--the-stream-cros-s--ing-by--the-City Enginee and Gal-lat-i-n-'Cons rvati-on-D-i-s-tr-ict-should ass ist_i_n_1Ti-m-i-t`ing—the impac,t-o, dev:el p nt-on_the_natural_env.i.r-onment-:The-i•nstal�la- tio-n_of storm drainage detention facilities and oil separatory- sediment-tanks should also assi_st in preser_v_ ing_the-water-,qual' ty o-Ma-tt_hew_B- rdrS k 7 . Effects on Wildlife and Wildlife Habitat As noted.,_the applicant has attempted to limit the impact of the proposed development on the,natural_en.v.ironment�and--wi-ldl=ife thabitat. No cri`tica•i-wild-life habitats have been identified on this site. No significant impacts have been identified . 8 . Effects on Public Health and Safety No significant public health and-safety e-ffe-c,ts-have—been identified . Provision of an emergency access to the north should insure-that-access-i`s-avail-able for emergency vehicles. Compli- an with—the-appr-opr-i-a-te-state-d-nd local regulations should adequately protect the public. 10 Conclusion The Planning Staff' s_review of—the proposed P.U.D. s.ub` z d^ivi on indicates_thattfie development is in comp liance with Ir the Boeman Area Master_ P1an�.�The-suFdTivi'sion i-s�al�so—i�n genera-1 compl'i'ance with the Bozeman Area Subdivision Regulatio s-.7 The Staff recommends c`itional approval offSpring Meadows Subdivision with the following cond'i't"ions: 1 . Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to Final Plat approval ; 2. The following high groundwater warning note shall be placed on the face of the plat prior to Final Plat approval : "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the seasonal high groundwater levels be made by a qualified engineer or soil scientist prior to construction of struc- tures with a lowest floor level more than three feet below the tap of the curb of the street from which it is served. " 3. The Final Plat shall include all required certificates as outlined in the Bozeman Area Subdivision Regulations; 4 . A utility easement shall be noted on the face of .the plat along Spring Meadows Drive and Billion Place; 5. The correct area of Lot 2 , Block 2 shall be identified on the face of the Final Plat; 6 . Prior to Final Plat approval , the applicant shall submit a weed control plan to the County Weed Supervisor for review and approval; 7. The ownership of the walkway located in Block 1 shall be clarified on the face of the plat, prior to Final Plat approval ; 8 . Prior to Final Plat approval , the applicant shall obtain a 310 permit and a floodplain development permit for the Graf Street crossing of Matthew Bird Spring Creek ; 9 . Prior to Final Plat approval , the applicant must obtain a 310 permit and approval by the Federal Emergency Management Agency for the Flat Creek relocation plan. Approval of the plan by the . adjoining property owner must also be obtained; 10. The design of the emergency access barrier at the northern property boundary must be approved in- writing by the City Engi- neer , Fire Marshall and Police Chief prior to Final Plat approval . Adequate legal. and physical access must be provided for mainten- ance of the storm detention facility located at the northern end of the property; 11 11 . The temporary cul-de-sac located at the southern end of Graf Street must maintain a minimum 50 foot radius gravel surface. and easement. An easement must be obtained from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Subdivision; 12 . Conflicts between the easements noted on the face of the plat and those referenced in the covenants shall be resolved prior to Final Plat approval ; . 13 . The Protective Covenants shall be revised in the following manner : a. Paragraph 6, page 6 shall be deleted; b. Paragraph 7 , page 6 shall be revised to eliminate references to the use of the sanitary sewer for the dispoal of garbage, trash and other wastes;. C. Paragraph 6 , page 8 shall be revised to preclude the planting of trees and bushes in easement areas; d. Paragraph 7, page 8 shall be deleted; and e. The covenants shall be revised to include a more detailed explanation of the Developmental Guidelines and the review process. 14 . The property owners of record shall file with the Gallatin Clerk a waiver of right to protest the creation of S . I .D. ' s for improvements to the intersection of Kagy Boulevard and South Third Avenue, prior to Final Plat approval; 15 . The final construction plans and profiles for all streets , water, sanitary sewer , storm drainage, fire hydrants and sidewalks shall be prepared and submitted for review and approval by the City Engineer pursuant to Chapter 16 . 26 of the Bozeman Area Subdivision Regulations; 16 . The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of 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. Further , the Planning—Staff recommends approval of the vari- ance to the maximum length of a permanent cul-de-sac for the extension of Spring Meadows=Driv 12 JCLL .. -fo T@ km- cam' QL,I 71 t au 9 `►�k BY-LAWS OF SPRING MEADOWS HOMEOWNERS ' ASSOCIATION Article I NAME AND LOCATION: The name of the corporation is "Spring Meadows Subdivision Homeowners ' Association" , hereinafter referred to as the "Association. " The principal office of the corporation shall be at 412 Bryant, Bozeman, Montana 59715, but meeting of. members and directors may be held at such places within the State of Montana, County of Gallatin, as may be designated by the Board of Directors. Article II Definitions SECTION 1. "Association" shall mean and refer to "Spring Meadows Subdivision Homeowners ' Association", its successor and assigns. SECTION 2 . "Properties " shall mean and refer to that certain real property described in the Declarations of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. SECTION 3 . "Common Area " shall mean all real property owned by the Association for the common use and enjoyment of the owners . SECTION 4. "Lots " shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area. SECTION 5. "Owner " shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot which is a part of the properties including contract sellers, but excluding those having such interest merely as security for the performance of the obligation. SECTION 6. "Declarant" shall mean and refer to "Spring Meadows Subdivision Homeowners ' Association", its successor and assigns if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development. SECTION 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable 1 to the properties recorded in the office of the County Clerk and Recorder of Gallatin County, Montana . SECTION 8. "Member " shall mean and refer to those persons entitled to membership as provided in the Declaration. Article III MEETING OF MEMBERS SECTION 1. ANNUAL MEETINGS. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent regular meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 10 :00 o 'clock A.M. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. SECTION 2 . SPECIAL MEETINGS. Special meetings of the members may be called at any time by the President or by the Board of Directors, or upon written request of the member who are entitled to vote one-fourth (1/4 ) if all votes of the membership. The Developer shall serve as the. Homeowners ' Association until 75% of the lots are built on within the development. SECTION 3 . NOTICE OF MEETING. Written notice of each meeting of the member shall be given by, or at the direction of the Secretary or person authorized to call the meeting, by mailing .a copy of such notice, postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member' s address last appearing on the books of the Association, or supplied by such members to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. SECTION 4 . QUORUM. The presence at the meeting of members entitled to cast or of proxies entitled to cast, one- fourth (1/4 ) of the votes shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If , however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time , without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. SECTION 5 . PROXIES . At all meetings of members , each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the 2 member of his lot. ARTICLE IV BOARD OF DIRECTORS: SELECTION & TERM OF OFFICE SECTION 1. NUMBER. The affairs of this Association shall be managed by a Board of three (3) Directors, who need not be members of the Association. The developer shall serve as the Homeowner ' s Association until 75 % of all lots are built ; occupied. SECTION 2. TERM OF OFFICE. At the first annual meeting the members shall elect one Director for a term of one year, one Director for a term of two years and one Director for a term of three years; and at each annual meeting thereafter the members shall elect one Director for a term of three years. SECTION 3 . REMOVAL . Any Director may be removed from the Board, with or without cause , by a majority vote of the members of the Association. In the event of a death, resignation or removal of a Director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. SECTION 4. COMPENSATION. No Director shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. SECTION 5. ACTION TAKEN WITHOUT A MEETING . The Directors shall have the right to take any action in the absence of a meeting which they could take at a' meeting by obtaining the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS SECTION 1. NOMINATION. Nomination for election to the Board of Directors shall be made by a nominating committee. Nominations may also be made from the floor at the annual meeting. The nominating committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The nominating committee shall be appointed by the Board of Directors prior to each annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The nominating committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but 3 not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members. SECTION 2 . ELECTION. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provision of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI MEETINGS OF DIRECTORS SECTION 1. REGULAR MEETINGS. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. SECTION 2. SPECIAL MEETINGS. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two Directors, after not less than three (3) days notice of each Director. SECTION 3 . QUORUM . A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by the majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS SECTION 1. POWERS . The Board of Directors shall have the power to: (a) adopt and publish rules and regulations governing the use of the common area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof ; (b) suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations; (c ) exercise for the Association all powers, duties and 4 authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration; (d ) declare the off ice of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3 ) consecutive regular meetings of the Board of Directors; (e ) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties . SECTION 2 . DUTIES. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a testament thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the members who are entitled to vote; (b ) •supervise all officers, agents and employees of this Association, and to see that their duties are properly performed. (c) as more fully provided in the Declaration, to: ( 1 ) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; (2 ) send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action of law against the owner personally obligated to pay the same; (d) issue, or to cause an appropriate officer to issue upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates . If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e) procure and maintain adequate liability and hazard insurance on property owned by the Association. (f ) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; 5 (g) cause the Common Area to be maintained. ARTICLE VIII OFFICERS The officers of the corporation shall consist of a President , Vice-President, Secretary, Treasurer and such other officers as shall from time to time be chosen and appointed. The office of Secretary and Treasurer may be held by the same person; and the officers shall be elected by the Board of Directors. The President and Vice-President shall be members of the Board of Directors , but the Secretary and Treasurer and other officers need not be members of the Board of Directors . The first election of officers shall be immediately after the organization of the Board of Directors, and subsequent elections shall be held annually upon the day of the first regular meeting of the Board of Directors after the annual . meeting of the members . All officers shall be removable by the Board of Directors at any time. The Board of Directors may, by resolution, provide for the office of Assistant Secretary and Assistant Treasurer, and may, by such resolution, designate their duties and fix the amount of bond which may be required of them. In case of death, resignation or removal of any officer of this corporation , the Board of Directors shall elect his successor , who shall hold the office by a like tenure for the unexpired term. PRESIDENT The President shall preside at all meetings of the Directors and members shall have authority, jointly with the Secretary, to execute contracts, notes and securities for and on behalf of said corporations , subject to the limitations of these By-Laws and such limitation and directions and control as the Board of Directors may exercise relating to his duties and authority. He shall sign all stock issued and all deeds and papers which shall require his signature and perform such other duties as pertain to his office. VICE-PRESIDENT (b) The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. SECRETARY (c ) The Secretary shall record the votes and keep the 6 minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal ; service notice of meeting of the Board of Directors and of the members ; keep appropriate current records showing the members of the Association together with their addresses , and shall perform such other duties as required by the Board. TREASURER (d) The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall 'sign all checks and promissory notes of the Association; keep proper books of account ; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year ; and shall prepare an annual budget and statement of income and expenditures to be presented to the membership at its regular meeting, and deliver a copy of each to the members. ARTICLE IX COMMITTEES The Board of Directors shall appoint committees as deemed appropriate in carrying out its purpose. (a) An Architectural Committee consisting of the developer, architect and designated landscape contractor shall serve for the entire build-out of Spring Meadows. ARTICLE X BOOKS AND RECORDS The books , records and papers of the Association shall at all times , during reasonable business hours , be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspections by any member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI ASSESSMENT As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special . assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments 7 which are not paid when due shall be delinquent . If the assessment is not paid within thirty (30) days after the due date , the assessment shall bear interest from the date of delinquency at the legal rate and reasonable attorney ' s fees , and the Association may bring an action at law against the owner. personally obligated to pay the same or foreclose the lien against the property, and interest costs , and reasonable attorney's fees of any such action shall by added to the amount of such assessment . No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the common area or abandonment of his lot. ARTICLE XII CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the words : "Spring Meadows Subdivision Homeowners ' Association. " ARTICLE XIII AMENDMENTS SECTION 1. These By-Laws may be amended, at regular or special meetings of the members, by a vote of a majority of a quorum of members present in person or by proxy. SECTION 2. In case of any conflict between the Articles of Incorporation and these By-Laws, the Article shall control ; and in the case of any conflict between the Declaration and these By- Laws, the Declaration shall control . ARTICLE XIV MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. 8 IN WITNESS WHEREOF, we, being all of the Directors of the "Spring Meadows Subdivision Homeowners ' Association " have hereunto set our hands this day of 19 87 . CERTIFICATION I, THE UNDERSIGNED, do hereby certify: That I am the duly elected and acting Secretary of the Spring Meadow Subdivision Homeowners ' Association, a Montana Corporation, and, That the foregoing By-Laws constitute the original By- Laws and said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the day of , 19 87. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Association on this day of 19 87 . ITS SECRETARY 9 BOZEIVIA CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN, MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 March 3, 1989 Mr . John Miller Spring Meadow Partnership 618 West Griffin Drive Bozeman, MT. 59715 RE: Spring Meadows Development Dear John, At your request, I am providing the following information regarding the Spring Meadow Subdivision and Planned Unit Development. Subdivision The Final Plat of the subdivision was signed and approved on January 18, 1989, and has been filed with the Clerk and Recorder ' s Office. All conditions of approval were met, therefore, no improvements agreement was necessary. There are no further requirements which must be submitted to our office regarding the subdivision. Planned Unit Development The P.U.D. was conditionally approved by the Bozeman City Commission on June 1, 1987. Final approval of the development was granted on June 13 , 1988, as all conditions of approval had been met. As you know, both the P.U.D. and Subdivision are governed by Design Guidelines. It is up to the developer to insure that these guidelines are met. Page eight of the Conceptual Narrative and Design Guidelines discusses submission requirements when an applicant is seeking to build more than one principal structure on a lot (single-family residences are exempt) . These projects must be reviewed by our office as stated in the Guidelines. Applications for a building permit for a single-family residence will also be reviewed by our office for compliance with zoning regulations. Separate plans need not be submitted to our office for these projects as they are forwarded to us by the Building Department. F. Mr. John Miller - March 3, 1989 Page 2 Lots 1 through 24 of Block 1 are designated for single- family dwelling units. Lot 1 in Block 2 and Lot 1 in Block 3 are designated to accomodate a maximum of 18 multi-family dwelling units. These units may be divided between the two lots in any arrangement as long as all zoning requirements are met. Lot 2 in Block 2 is designated to accomodate a 75 dwelling unit congregate housing project. Any change in this organization must be approved by the Planning Director . I am enclosing a copy of the approved Final Plan of the P.U.D. for your files. A copy of the Plan will be retained by our office as well as one copy in the Buildi.ng Department. I hope this information clarifies the necessary procedures for development in Spring Meadows. Should you have further questions, please feel free to contact the office. Sincerely, Debbie Arkell . Assistant Planner DA/tg Enc. lowo ,' t _3_ • y denied because it provides private streets rather than public streets, with future exten- sion of the public street through to Fairway Drive, which connects to Kagy Boulevard. The Commissioner noted that review of development in that area, however, shows that construction of a public street could decrease the value of those properties; therefore, he has decided to support the private street concept. The motion, which had been previously tabled, was then voted on as follows: It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commis- sion approver the preliminary plat for the Spring Meadows Subdivision, located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, subject to the following conditions: Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to final plat approval; `•Pill ✓2. The following high groundwater warning note shall be placed on the face of the plat prior to final plat approval: "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the sea- sonal high groundwater levels be made by a qualified engi- neer or soil scientist prior to construction of structures with a lowest floor level more than three feet below the top of the / curb on the street from which it is served" lX The final plat shall include all required certificates as outlined in the Bozeman Area Subdivision Regulations; U . A utility easement shall be noted on the face of the plat along Spring Meadows Drive and Billion Place; S-.---The correct area of Lot 2, Block 2 shall be identified on the face of the final plat; C. Prior to final plat approval, the applicant shall submit a weed control plan to the County Weed Supervisor for review and approval; �Z The ownership of the walkway located in Block 1 shall be clarified on the face of the plat, prior to final plat approval; Prior to final plat approval, the applicant shall obtain a 310 permit and a floodplain development permit for the Graf Street crossing of Matthew ird Spring Creek; Prior to final plat approval, the applicant must obtain a 310 permit and approval by the Federal Emergency Management Agency for the Flat Creek relocation plan. Approval of the plan by the adjoining property ' /owner must also be obtained; 14. The design of the emergency access barrier at the northern property boundary must be approved in writing by the City Engineer, Fire Mar- shal and Police Chief prior to final plat approval. Adequate legal and physical access must be provided for maintenance of the storm de- iition facility located at the northern end of the property; ' The temporary cul-de-sac located at the southern end of Graf Street must maintain a minimum 50-foot radius gravel surface and easement. An easement must be obtained from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Sub- d' •i'sion; Conflicts between the easements noted on the face of the plat and { p,,Gi `~ those referenced in the covenants shall be resolved prior to final plat proval; r The Protective Covenants shall be revised in the following manner: a. Paragraph 6, page 6, shall be deleted; b. Paragraph 7, page 6, shall be revised to eliminate ref- erences to the use of the sanitary sewer for the disposal of garbage, trash and other wastes; C. Paragraph 6, page 8, shall be revised to preclude the planting of trees and bushes in easement areas; d. Paragraph 7, page 8, shall be deleted; and I ' e. The covenants shall be revised to include a more de- tailed explanation of the Developmental Guidelines and the review process. The ro ert_ owners of,-,record shall file with the Gallatin Count and Recorder a waiver of-right to protest the is l QAQ' erk .I.D.'s for improvements to the intersection of Kagy Boulevard and ` South Third Avenue, prior to final plat approval; (/ t The final construction plans and profiles for all streets, water, sani- tary sewer, storm drainage, fire hydrants and sidewalks shall be pre- pared and submitted for review and approval by the City Engineer pursuant to Chapter 16.26 of the Bozeman Area Subdivision Regu- lations; 1 The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and conditions of 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 the amount of 150 percent of the cost of the remaining improvements; 7. That the cul-de-sacs be declared as fire lanes and shall be marked ac- cordingly, to preclude on-street parking in those locations; 18. The developer shall participate in an appropriate percentage of right-of-way improvements for pedestrian walkways on South Third ` Avenue based on the proportionate share of vehicular traffic generated by the proposed P.U.D. ; �19. That construction of the emergency access road to the north be com- pleted b the developer and that the homeowners' association be re- sponsible for maintenance of that emergency access road. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Jordan, Commissioner Stiff, Commissioner Vant Null and Mayor Mathre; those voting No, none. It was then moved by Commissioner Jordan, seconded by Commissioner Stiff, that the staff be directed to review South Third Avenue from its intersection with West Graf Street to its intersection with Kagy Boulevard, submitting a report back to the Commis- sion concerning public improvements, including sidewalks, and possible annexation of . those parcels currently outside city limits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Null and Mayor Mathre; those voting No, none. 06-01-87 • BOZEMAR CITY-COUNTY PLANNING OFFICE BOZEMAN 35 NORTH BOZEMAN AVENUE CITY-COUNTY P.O. BOX 640, BOZEMAN,MONTANA 59715 PLANNNG OFFICE PHONE:(406)586-3321 Ext. 227 MEMORANDUM TO: BRUCE BECKER, CITY ATTORNEY FROM: DEBBIE ARKELL, ASSISTANT PLANNER DATE: JANUARY 9, 1989 RE: FINAL PLAT FOR SPRING MEADOW SUBDIVISION --------------------------------------------------- Attached please find the Final Plat of Spring Meadow Subdivision along with the original Abstractor' s Certificate. Please review this Plat for form and forward it to Phill Forbes, Director of Public Service for his signature and approval. Should you have any questions regarding this Final Plat, please give me a call. 4 DA/dla Enc. l BOZEMAN -� 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 December 29 , 1988 Mr . Dennis Foreman Sanderson/Stewart/Gaston Engineering , Inc. P. 0. Box 861 Bozeman, MT 59715 RE: FINAL PLAT APPLICATION FOR SPRING MEADOWS SUBDIVISION Dear Dennis : Our office has reviewed the file and submitted plan for Spring Meadows Subdivision, and find that the following condi- tions of preliminary plat approval must be met before our office can grant Final Plat approval: Condition #6 : Written approval by the County Weed Supervisor of the weed control plan must be submitted to our office. �2 . Condition #9 . Written approval from the adjoining property owner of the Flat Creek relocation plan must be submitted to our office. 0�. Condition #10. The City Engineer and Fire Marshall have verbally approved the emergency access barrier . I have contacted the Police Chief and requested that he inspect the barrier and submit his findings to our office. Unless the barrier is not approved by the Police Chief, our office considers this condition \ as being met. k1 . Condition #11. A written easement from the property owner for that portion of the cul-de-sac located at the southern end of Graf Street which is located outside of Spring Meadows Subdivi- sion must be submitted to our office. 05. Condition #13. Protective Covenants. Four changes must be made in the protective covenants before they will be acceptable for filing. These conditions must be made prior to final plat approval and approved by our office. 1 � 1 i Dennis Foreman December 29 , 1988 Page 2 A. Delete paragraph 6, page 6, which states that two or more lots may share the installation and maintenance of water facil.ities for joint use. B. Revise paragraph 6, page 8 , to preclude the planting of trees and bushes in easement areas. C. Delete paragraph T, page 8 , which addresses landscaping in easement areas. D. Revise paragraph 1, page 3, to include maintenance of the emergency access by the Homeowners Association. once these conditions are met, the Plat will be acceptable by our office and will be forwarded to the City Attorney and Director of Public Service for their review and signatures. Please contact the office if' you have any questions. Sincerely, Debbie Arkell Assistant Planner cc: John Miller, Spring Meadows Partnership WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR IMPROVEMENTS` TO' THE INTERSECTION OF . KAGY BOULEVARD AND SOUTH THIRD AVENUE I , the undersigned , owner of the real property situated in the NW 1/4 of Section 19, T2S, R6E, M. P.M. , in the City of Bozeman, State of Montana, and more particularly described as follows: A tract of land being a portion of the unplatted Northwest Quarter of Section 19 and Certificate of Survey No. 819A, City of Bozeman, Montana, more commonly known as Spring Meadows Subdivision IN CONSIDERATION of receiving Final Plat approval from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to .the intersection of Kagy Boulevard and 'South Third Avenue ,;hlch D will be caused by the development of the above-described property, have waived and do hereby for myself, my heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of a special improvement district for improvements to the intersection of Kagy Boulevard and South Third Avenue. This waiver shall be a covenant running with the land and shall not expire. I warrant that I am lawfully seized and possessed of the real property described above and that I have a lawful right to convey the property or any part of it. ' c _ 1 4' F; The terms, covenants and provisions of this Waiver shall extend to, and be binding upon the heirs, executors, administra- tors, personal representatives, successors and assigns of the parties hereto. DATED this '('4 day of &OC , 1988. . i hn Miller STATE OF MONTANA ) ss. County of Gallatin ) On this j� day of , 1988, before me, a Notary Public for the State of Montana, personally appeared John Miller, known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first written above. No ar Pub i(;—f r State o Montana Residing ate << , Montana My Commission" x ires: (SEAL) a n S ' _ 2 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR IMPROVEMENTS FOR PEDESTRIAN WALKWAYS ' ON SOUTH THIRD AVENUE I , the undersigned , owner of the real property situated in the NW 1/4 of Section 19 , T2S, R6E, M. P.M. , in the City of Bozeman, State of Montana, and more particularly described as follows : A tract of land being a portion of the unplatted Northwest Quarter of Section 19 and Certificate of Survey No. 819A, City of Bozeman, Montana IN CONSIDERATION of receiving a Conditional Use Permit from the City- of Bozeman to develop a Planned Unit Development in two phases, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged , and in recognition of the impact to South Third Avenue which will be caused by the development of the above- described property, have waived and do hereby for myself , my o heirs, executors , administrators, personal representatives, 0 successors and assigns, waive the right to protest the creation of a special improvement -district for improvements to South Third Avenue to include pedestrian walkway improvements within the right-of-way. This waiver is limited to 3 .8% of the costs for the administration , engineering , inspection and construction to City standards of a pedestrian walkway along South Third Avenue. This I waiver is further limited .to that portion of South Third Avenue between its intersection with Kagy Boulevard to the north and its continuation to Wag onwheel Road to the south. This waiver shall I p ' be a covenant running with the land and shall not expire. iI warrant that I am lawfully seized and possessed of. the 0 real property described above and that I have a lawful right to convey the property or any part of i.t. i. 0 1 1 Cffy\- � I�. I The terms, covenants and provisions of this Waiver shall extend to, and be binding upon the heirs , executors, administra- tors, personal representatives, successors and assigns of the parties hereto. DATED this day of 1988 . J it STATE OF MONTANA ) ss. County of Gallatin ) On this r, day of , 1988 , before me, a Notary Public for the State of-Montana, personally appeared John Miller , known to me to Ve the person whose name is subscribed to the above instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day a d Zyer first written above. o ary Public( or State o Montana Residing at Montana My Commissi e ires ;-.2-/D-Cjn (SEAT:) 2 t _ • PUBLIC ROAD EASEMENT The Estate of Eugene Graf, Jr. , GRANTOR, in consideration of Ten Dollars ($10. 00) and other good and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, GRANTEE, its suc- cessors and assigns, for public road purposes, a temporary turn- around easement for the use of the public, in, through,. and across the following described property situated in. Gallatin County, Montana, more particularly described as follows: See Attached Exhibit A The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of all per- sons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR, until such time that Graf Street is extended. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, execu- tors, administrators, personal representatives, successors, and assigns of the parties hereto. (do DATED this of 1988. GRANTOR: THE ESTATE OF EUGENE GRAF, JR. B Y: Eugene. ra ,- ITS: Personal Representative STATE OF MONTANA ) . ss. County of Gallatin ) On this day of , 1988 , before me, a Notary Public for the State of Montana, personally appeared Eugene Graf, III , known to me to be the Personal Representative for the Estate of Eugene Graf, Jr. , the estate subscribed to in the foregoing Public Road Easement and who acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. A tar Public or the State of Montana (SEAL) esi�ing at i;, 7,j My commission a res: Exhibit A Description for a Temporary Turnaround Easement on Lot 2, Block 2 of Spring Meadow Subdivision A portion of a fifty foot radius temporary turnaround easement located in lot 2, block 2 of Spring Meadow Subdivision, City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at a point which is N00' 28 ' 01"E a distance of 11. 80 feet from the S.E. corner of said lot 2, said point also being on the westerly right-of-way line of Graf Street; thence from said point of beginning along a curve to the right having a tangent bearing of N48' 59129"W and a radius of 50. 00 feet a distance of 86. 32 feet to a point on the westerly line of Graf Street, thence along siad line S00' 28101"W a distance of 75.99 feet to the point of beginning. Description for a Temporary Turnaround Easement on Lot 1, Block 3 of Spring Meadow Subdivision A portion of a fifty foot radius temporary turnaround easement located in lot 1, block 3 of Spring Meadow Subdivision, City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at a point which is the S .W. corner of said lot 1, which is also a point on the easterly right-of-way line of Graf Street; thence along said line N00' 28101"W a distance of 43. 20 feet, thence along a curve to the right having a tangent bearing of S48' 59 ' 29"E and a radius of 50. 00 feet a distance of 48. 49 feet to a point on the southerly lot line of said lot 1; thence along said line N89. 10113"W a distance of 17. 22 feet to the point of beginning. Description for a Temporary Turnaround Easement on Unplatted Portion of Graf ' s Fourth Annexation A portion of a fifty foot radius temporary turnaround easement located in the S.W.4 of Section 19 , T. 2S, ME. , P.M.M. , City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at a point which is the S.W. corner of lot 1, block 3 of Spring Meadow Subdivision, City of Bozeman, Gallatin County, Montana, said point also being on the easterly line of Graf Street; thence along the southerly line of said lot 1 S89.10113"E a distance of 17. 22 feet; thence along a curve to the right having a tangent bearing of S06' 34 ' 08"W and a radius of 50. 00 feet a distance of 37.84 feet to a point on the easterly line of Graf Street; thence along said line N00. 28 '01"E a distance of 32.79 feet to the point of beginning. AGREEMENT This shall serve as aknowledged agreement between Valley View Golf Club and Springmeadows Development for the relocation of Flat Creek. We herby agree to the engineered relocation of FLAT CREEK as shown on Springmeadows Plat . I signed-Rj 14-------------------- - - -- -- --- ------ date --�L= ------------ - ----f2 �;------ Valley View Golf Club Springmeadows Development Reeves Petrof Gallatin County Weed Control Supervisor Gallatin County , MT 1 /3/88 Reeves , This letter shall serve as the agreement for weed control for the Spingmeadows Subdivision, located adjacent to Valley View Golf Course , Bozeman , MT. It shall Be the responsibilty of each -lot owner to maintain their lot free of noxious weeds . Further that all roadways and easements shall be maintained noxious weed free by the Springmeadows Homowner ' s Association. Accepted �-3�� Agreed------------------ BY-Y'_ � (V -_- BY ---------- Reeves Petroff ohn L. MIller Gallatin CO. Weed Control Supervisor Managing Partner GEORGE R.TATE RADIO KOA 404 Chief of Police CITY OF BOZEMAN TELETYPE BZ 34 NORTH ROUSE • BOX 640 AREA CODE 406 JOHN L.SMITH STATE OF MONTANA 59715 586.33tt Assistant Chief 00ZEMgN iaa 4 889 y ' POSE refirr Drpartmrnt January 4, 1989 Debbie Arkell Planning Board City of Bozeman Debbie: We have determined that the barriers in question in association with the Spring Meadows Addition are acceptable as to our concerns. Sincerely, Georg . Tate a.ief of Police HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK no 103P40W A PUBLIC UTILITIES EASEMENT AGREEMENT made this /Z- day of Fe 6 . , 19881 by and between the City of Bozeman, a municipal corporation and political subdivision organized under the laws of the 'State of Montana, hereinafter called "the City" , and Donald K. Weaver, Jr. and Martha F. Weaver of 2404 Spring Creek Drive, Bozeman, Montana, hereafter referred to as "the Owner" . RECITALS WHEREAS , the Owner is the owner of certain real property situated in the City of Bozeman, County of Gallatin, State of Montana, which is legally described by the attached description which is on file and of record in the office of the Gallatin County Clerk and Recorder as document number 107710, C.O.S. # 406-D which legal description is hereby incorporated by .this reference and to this easement and which is hereinafter referred to as the "easement premises"; and, whereas the public utility easement is legally described on the attached description which is on file and of record in the office of the Gallatin County Clerk and Recorder as document number , and which legal description is hereby incorporated by this reference, into this easement; and, WHEREAS the parties hereto have determined that it' is in the best interest for the Owner to grant and the City to accept an easement in said property for public utilities purposes; NOW THEREFORE in consideration of the foregoing, the parties hereto mutually agree as follows: 1. The Owner hereby grants and conveys to the City a per- petual easement to survey, construct, operate, maintain, . test, inspect, repair, remove, replace or abandon in place and control public ,utilities, subject to the terms and conditions hereinafter set forth, in -and upon the easement premises together with all reasonable rights of ingress and egress across adjoining lands owned by the Owner necessary for the exercise of the rights herein granted. i FILM 103PA' 001 2. The right of ingress and egress herein granted across adjoining lands of owner shall be exercised and used in such a manner as not to cause any damage or destruction of any nature whatsoever to or interruption of the use of adjoining lands owned by the Owner. 3. The City agrees that the use hereby granted shall be limited exclusively to the public utilities and uses incidental _ thereto. 4. The City agrees that it will save and hold the Owner harmless from all claims, causes and actions, suits, damages or demands whatsoever in law and in equity which may arise out of, or as a consequence of the negligence of the City, or its authorized agents, servants or employees, in maintaining, repairing and uti- lizing said public utilities. 5. The City agrees that the Owner shall have the right to grant other nonexclusive easements over or upon the easement pre- mises; provided, however, that any such other easements shall be subject to the easement hereby granted; and provided, and further, that the City shall have first consented in right to the terms, nature and location of any such other easement as not interfering with the rights granted hereunder. 6.. Owner hereby reserves the right to use the easement pre- mises in any manner that will not prevent or interfere with the exercise by the City of the rights granted hereunder; provided, however, that the Owner shall not obstruct, or permit to. be obstructed, the easement premises at any time whatsoever without the express prior written consent of the City. 7. Owner hereby further grants to the City a . temporary construction easement over the real estate subject to this ease- ment for the purposes of constructing, reconstructing, installing, repairing and maintaining from time-to-time any and all public utilities located within the easement aforedescribed. 8. The Owner agrees that the City may assign the rights granted to it hereunder to any assignee who demonstrates suf- ficient competence and gives adequate assurances that any work to be performed pursuant to such assignment shall be conducted in 4 ' I fILN 03PAGEU82 • good and workmanlike manner, and that owner ' s interest. in the easement premise shall be protected to the same extent as hereunder. 9. All rights, title and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, suc- . cessors, assigns and legal representatives. IN WITNESS WHEREOF, the Owner hereto has executed this instrument on the date first aforementioned. Donald K. Weaver, Jr. Martha F. Weaver State of Montana ) ) ss. County of Gallatin ) On the fD day of � , 1988, before me, a Notary Public for the State of MontanA, personally appeared Donald K. Weaver, Jr. and Martha F. Weaver, personally known to me to be the persons whose names are subscribed to the forgoing instrument and acknowledged said instrument as their free and volun'tar.y act for the uses and purposes therein set forth. '' i7• .� R :ding'.,a.t , M Y:: ;commission a fires: ;c ; It -,I ,,.'. ACCEPTANCE •The City of Bozeman, a municipal corporation and a political subdivision organized under the laws of the State of Montana, does hereby accept the foregoing Grant and Easement and the terms and conditions thereof. IT WITNESS WHEREOF, the City of Bozeman has caused this acceptance to be executed by its City Manager on the date first aforementioned. f;.. .. . ._ J es E. Wysocki , City Manager Attest: 4.11 Ro in Sul iwariy,• City Clerk vEay tilluiiid� I ♦ n , l 4 FAN 103PACE3183 I r r♦p r � � I / If pb�' r I I r EXIS7/NG £A9£AENr AGREEAENT FILM 7/, PAGE 211E C. 0. S. 803 DYES TR/OGE If ` I / N 16.46'66'E 61.00'` , XI[TI110 AMITMIY �y I �[1YlII WWNOI[ I ! , 1 r r r 1 �I I I 1 ,Ir or: I I 1 � 1 1 1 , I I � I 1 1 � PARCEL 3A C. 0. S. 406D � 1 I , W 1 IO 1 1 ' • fib I N • , 2 I h 1 1 � IF Ir' I 0 1 � b , I I , I 1 4 j 1 1 � I 1 1 1 , 1 1 1 1 1 1.� 1 ►O 1 ` 1 m 1 1 Ii 1 \� 1 1 • 1 y 1 1 f 1 1 •f 1 1 � 1 6gIM[MI[I[M7 8 60'07'66'E 231.13, 1 it 147,26' I 77,oe' 11 I 1 1\I SCALE I'•100' `\\� BASIS OF BEARING: SPRING MEADOW SUB. BY: SANDERSON/STEWART/GASTON I I ENGINEERING INC. SPR/N6 MEAD W SU8J/V It S/ON Exhibit A H01 103 3 84 Easement Description A 30 foot wide emergency access and utilities easement across a portion of Parcel 3A of C.O.S. 406D, situated in the NW 4 of Section 19, T.2S. , R.6E. , P.M.M. , Gallatin County, Montana, and being 15 feet on each side of the following described centerline: Beginning at a point on the southerly line of said Tract 3A, C.O.S. 406D, said point being S89. 07156"E a distance of 231. 13 feet from the S.W. corner of said Tract 3A; thence N14. 41116"W a • distance of 166.08 feet, thence NO2. 49110"E a distance of 489. 09 feet, thence N18046159"E a distance of 81. 00 feet to an angle point on an existing easement agreement recorded on Film 71, pg. 2116, Gallatin County Records, said point being the end of said easement, and being S18'46 ' 59"W a distance of 204. 50 feet from the centerline of Fairway Drive at its intersection with the northerly line of said Parcel 3A, C.O.S. 406D. . Err**191470 State of Mont., County of Gallatin. ss Filed for record November 7th - IR 88 at 10 :55A M. and recorded in Book 103 of MISCELLANEOUS Page 3180 eu �•._(-VW Recorder. By �-• T �1� DeOutV Rt : City of Bozeman $25. 00 -� wrti^-- _ �. ,. .. vT.++r.e�rw..y�rr..H'T"`wyust?rvuWr!A��Yse._.•w;re..•.�..wttM�i*✓..wY".!�^.'�.''t_AO�ffn.wata�e�w'ifrwFl^mwfYnJR.l.1!G61R[;Mu0'w�^^^!' BOZEMAN 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 October 20 , 1988 Mr. John Miller ' Spring Meadows Partnership 618 West Griffin Drive M Bozeman, MT 59715 RE: Final Plat application for Spring Meadows Subdivision Dear John: In attempting to process your application for Final Plat approval for Spring Meadows Subdivision, we note the following deficiencies in the conditions of preliminary approval which must be addressed before review of this application can continue. Condition #3 . The final plat shall include all required . certificates as outlined in the Bozeman Area Subdivision. Regulations. �_Certificate of Dedication. There is a typo in the last paragraph ( ublic) . oConsent of Mortgagees. There is a typo on the First Security Bank of Livingston certificate ("Mortagee" should be Mortgagee) . Certificate of Improvements. If all improvements are to be installed prior to Final Plat approval.,- this Certificate must be shown on the face of the plat per Section 16. 40.060 of the Bozeman Area Subdivision Regulations. Condition #5. The correct area of Lot 2, Block 2 shall be identified on the face of the final plat. The preliminary plat showed 4. 12 acres for this lot. A note © in the .file indicates that Dennis Foreman called stating the correct area for Lot 2, Block 2 is 4.96 acres which equals 216 ,058 sq.ft. The plat shows the lot area as 213,412 sq. ft. We request that the engineer preparing the plat confirm the area of this lot -with the Planning Office. Mr. John Miller October 20, 1988 Page 2 Condition #6. Prior to final plat approval , the applicant shall submit a weed control plan to the County Weed Supervisor for review and approval. There is a paragraph in the covenants regarding weed control , however, a weed control plan must be reviewed and approved by the County Weed -Supervisor, and written approval of the plan must be submitted to our office prior to Final Plat approval. Condition #9 . Prior to final plat approval , the applicant must obtain a 310 permit and approval by the Federal Emergency Manage- ment Agency for the Flat Creek relocation plan.. Approval of the plan by the adjoining property owner must also be obtained. The 310 permit has been obtained. Written approval of the plan by the adjoining property owner must be filed with our office prior to Final Plat approval . Also, the location of Flat Creek should be shown on the Fina Plat.Oc Condition #10. The design of the emergency access barrier at the northern property boundary ast be approved in writing by the 9yv�� City Engineerp� Fire Marshall and Police Chief prior to final plat approval . Adequate legal and physical access must be provided for maintenance of the storm detention facility located at the northern end of the property. Written approval of the barrier from the City Engineer , Fire Marshal and Police Chief must be submitted to our office prior to Final Plat approval. The City Engineer has verbally approved the location of the 15 ' storm sewer easement in Lot 10; Block 1 . Condition #11 . The temporary cul-de-sac located at the southern end of Graf Street must maintain a minimum 50-foot radius gravel surface and easement. An easement must be obtained from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Subdivision. A written easement from the property owner must be submitted to our office prior to Final Plat approval . Condition #13 . The Protective Covenants shall be revised in the following manner : a. Paragraph 6, page 6, shall be deleted. b. Paragraph 7, page 6, shall be revised to eliminate references to the use of the sanitary sewer for the disposal of garbage, trash and other wastes. Mr . John Miller October 20, 1988 Page 3 c. Paragraph 6, page 8, shall be revised to preclude the planting of trees and bushes in easement areas. d. Paragraph 7, page 8, shall be deleted; and e. The covenants shall be revised to include a more C^eta'iled explanation of the Developmental Guidelines in the review process. Subsections (b) and (e) were met during PUD approval. Sub- sections (a) , (c) , and (d) must still be changed as stated. Also, the covenants must state that the Homeowner 's Assoc- iation will maintain the emergency access as referred to in Condition #19. Condition #14. The property owners of record shall file with the Gallatin County Clerk and Recorder a waiver of right to protest the creation of S. I .D. 's for improvements to the intersection of Kagy Boulevard and South Third Avenue, prior to Final Plat approval. d� This document will be prepared by the Planning Office for the property owner 's signature. It must be filed with the Clerk and Recorder prior to Final Plat approval . Condition #15. The final construction plans and profiles for all streets, water , sanitary sewer, storm drainage, fire hydrants and sidewalks shall be prepared and submitted for review and approval by the City Engineer pursuant to Chapter 16 . 26 of the Bozeman Area Subdivision Regulations. Wrttt-Een approval of these plans and profiles by the City Engineer must be filed with our office prior to Final Plat approval . Condition #16. The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and conditions of 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 the amount of 150 percent of the cost of the remaining improvements. After the information requested in this letter is received, the staff will conduct an on-site inspection of the property to determine if all improvements have been met. If all improvements are not installed prior to Final Plat approval, the staff will prepare an Improvements Agreement for the owner 's si.gnature. Mr. John Miller October 20 , 1988 Page 4 okondition #19. That construction of the emergency access road to the north be completed by the developer and that the homeowner 's association be responsible for maintenance of that emergency access. The completion of this road will be insured by an on-site ✓Q inspection by the staff. The covenants must state that the Homeowner 's Association will maintain the access. Section 16. 10.030 (H) of the Bozeman Area Subdivision . Regulations requires that if a lot is to be used for anything other than single-family residences, it shall be noted on the plat. As reviewed in the Planned Unit Development process, some lots in Spring Meadows Subdivision are planned for other than single-family residences. Therefore, those lots which are to be used for other than single-family residences should be so delineated on the Final Plat. (�'he total acreage of the streets, both public and private, must be shown on the face of the plat. GV Lot dimensions must be shown for each lot in the subdivision per Section 16. 10.030 (E) of the Subdivision Regulations. Ditto marks are not acceptable. Once the necessary corrections are made to the Final Plat and the required information is received, review of this Final Plat application will continue. Please note that staff will not review the site to ensure the completion of on-site improvements as required by various conditions of preliminary plat approval until the above information is submitted. If all improvements are not installed per the conditions of preliminary plat approval , an Improvements Agreement will be required. Should you have any questions regarding these conditions, please contact our office. Sincerely, Andrew C. Epple Planning Director dla cc: Dennis Foreman, SS&G Phill Forbes, City Engineer Mr . John L . Miller Dec . 1 , 1988 Miller Construction 618 W . Griffin Dr . Bozeman , MT 59715 Dear John , Looks like I have ''struck out'' for 1988 on making any progress with the City or County on the final phase of the Westridge Meadows PUD . I may have the only horse pasture served by a paved street with sewer and water . Hope the horses appreciate it ! Maybe we can use the fire hydrant to water them . We started the annexation process right after we gave the sewer and water easement to the City . We prepared a certificate of survey (COS) , defining the parcel we wanted to annex . This is the same procedure we used in our last annexation . The County Commissioner; refused to approve it saying that we had shown a pattern of using the COS to avoid subdivision review . This was totally untrue as all of our developments have gone through extensive review . Next I was told that we did not need that step and could request annexation of the property we wanted to develop even though it was only a portion of a parcel . After about a month of working this out with City staff we submitted our annexation application to the City . It came up as a consent item around the first of July but the Commission tabled the request . After about five months of my trying to satisfy the Commission on completely unrelated matters they finally referred the annexation request to the staff for review . In the mean time we constructed the extension of Fairway Drive and then tried to have it recognized as a road by amending ' Westridge Meadows Subdivision No . 2 plat. . The City reviewed this and approved it . However , the County Commissioners needed to approve it because the road was still in the county . Again the County Commission refused to sign so with three strikes against us we struck out . Next year we will proceed on the annexation . When that is complete we will prepare and submit Westridge Meadows Subdivision No . 5 which will officially create the extension of Fairway Drive and show the emergency access t-o Spring Meadows Drive . Hopefully things will speed up . I would like to have an approved plat by my birthday , July 18th . That would be a nice birthday present from the City as I' ll be 65 then and I plan to retire from the development business . I hope the City will not hold up the recording of the Spring Meadows plat until my plat is recorded . You certainly have done your part in good faith and you shouldn' t be punished because I can' t get my end done . Good luck! Sincerely yours Donald K. Weaver , Jr . cc Andy Epple Paul Kinshella 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 platting certificate prepared by E. Eugene Spranget of Security Title Company of Gallatin County, which has been submitted with a plat covering a tract of land to be known as Spring Meadows Subdivision, a Planned Unit Development, located in the unplatted SW;4 of Section 19 and Certificate of Survey No. 819A situated in the NWT of Section 19, Township 2 South, Range 6 East, P.M.M. , Gallatin County, Montana, and further certifies that said platting certificate complies with 76-3-612 Montana Code Annotated, and Chapters 16.10.030 M. I. of the Bozeman Municipal Code. Dated this 11th day of October, 1988. ruce E. Becker City Attorney STATE OF MONTANA ) ss. County of Gallatin ) On this llth day of October, 1988, before me, a Notary Public for the State of Montana, personally appeared Bruce E. Becker, known to me to be the person 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 on the day and year first written above. Notar Public or tate of Montana Resid g at Bozeman, Montana My Commission expires 8/4/89 C. REC OVED J U L 2 1 1988 PLATTING CERTIFICATE Project # '(U- `, 1.2 This platting certificate covers a tract of land to be known as Plat of Spring Meadows Subdivision, a Planned Unit Development, City of Bozeman, Gallatin County, Montana. RECORD OWNER Spring Meadow Partnership, a Montana Partnership - as to that portion lying within Certificate of Survey No. 819-A, situated in the NE1/4 of Section 19, Township 2 South, Range 6 East, P.M.M. , Gallatin County, Montana. and The heirs or devisees of Eugene Graf, Jr. , deceased, subject to the administration of the estate of said decendent ; Eugene Graf, III being the dully appointed and qualified Personal Representative Gallatin County District Court No. No. DP 85-100 - and - Genevieve - S. Graf - as to the remainder. LEGAL DESCRIPTION A tract of land being a portion of the unplatted SW1/4 of Section 19 and Certificate of Survey No. 819A situated in the NW1/4 of Section 19, T. 2S, R. 6E. , P. M.M:; City of Bozeman, Gallatin County, Montana, and being further described as follows : Beginning at a point which is the NE corner of Certificate of Survey No. 819A said point also being on the westerly line of Certificate of Survey No. 803 ; thence from said point of beginning along the line common to Certificate of Survey No. 819A and 803 S 00 degrees 1014911E a distance of 900.99 feet and S 43 degrees 4910111E a distance of 754.72 feet to the SW corner of Certificate of Survey No. 803 ; thence across a portion of Graf' s Fourth Addition S 00 degrees 28101"W a distance of 135 .00 feet, N 89 fdegrees 1011311W a distance of 573 . 97 feet; S 00 degrees 2810111W a distance of 45 . 00 feet -and N 89 degrees 1011311W a distance of 794 .43 feet to a point on the easterly line of Certificate of Survey No. 526 ; thence N 00 degrees 1314611E a distance of 294 .05 feet to a point on the southerly line ' of • Lot 6A of Amended Lot 6, Block 5 of Graf ' s Third Addition; thence along the southerly, easterly, and northerly line of said Lot 6A, S 89 degrees 1115211E a distance of 381.94 feet ; N 00 degrees 2810111E a distance of 140 . 27 feet and N 89 degrees ll '•51" W a distance of 381.93 feet to the SE corner of Graf Street •right of way ; thence along the easterly right of way of said Graf Street N 00 degrees 3710911E a distance of 30. 02 feet and N 01 degrees 20131"E a distance of 45 . 15 feet to the SE corner of" City of Bozeman Park; thence along the southerly line of said Park S 89 degrees 1013711E a distance of 200. 05 feet, S 00 degrees 29156"W a &istance ' 'of ' 14.89 feet and S 89 degrees 0913.911E a distance ' of 430.34 feet to a point on the easterly line of Certificate of Survey No. 264; thence along said line N 00 degrees 04105"W a distance of 1123 .55 feet to a point on the southerly line of Certificate of Survey No. 406D; thence along said line S 89 degrees 0715611E ' a distance -of 211 . 80 feet to the point of beginning. CONTINUED eSECUPITY TITLE COMPANY OF GALLATIN COUNTY 0 7 Post Office Box 701 • 12 North 3rd • Bozeman. Montana 59715 • 406/586-1319 R "Title Records Maintained 5inee 1869" PLATTING CERTIFICATE ------- ----------- Continued SUBJECT TO : 1 . Any right, title or interest in any• minerals, mineral rights ' or related matters, including but not limited to oil, gas, coal and other hydrocarbons . 2 . General and special taxes and assessments for the year 1988 which are a lien but not yet computed or payable. 3 . General and special taxes and assessments for the year 1987 show paid in full in the amount of $985 .28 . Said taxes include Bozeman Planning Board in the amount of $4.91, and Gallatin Conservation District in the amount of $2.52 . Parcel No. RGG2839, Tax Receipt No. 6256 . (Affects that portion lying in the SW1/4 of Section 19, Township 2 South, Range 6 East, and other lands) General and special taxes and assessments for the first half of 1987 show paid in the amount of $327 .02; second installment shows delinquent in the amount of - $322. 12 plus penalty and interest . Said taxes include Bozeman Planning , Boards in the amount of $3 . 24 and Gallatin Conservation District in the amount of $1 . 66 . Parcel No. RGG23095 , Tax Receipt No. 9114. (Affect Certificate of Survey No. 819—A) 4. Assessments which are not shown as existing liens by the records of the City of Bozeman, including but not limited to snow shoveling assessments. 5 . Any right of the City taxing authority and/or bond holders to reassess or recalculate amounts due under the Special Improvement Districts which were created to provide services to the subject real property and any adjunct liability for payment of increased or added amounts . 6 . Easements delineated on proposed plat . 7 . Notations contained on -proposed plat as follows : "Due to the possibility of high groundwater within the subdivision, it is recommended that an investigation of the seasonal high groundwater levels be made by a qualified engineer or soil scientist prior to construction of structures with a lowest floor level more than three feet below the top of the curb on the street from which it is served. " 8 . A Right of Way "reserved through this land for ingress to and egress from the land lying south of the above described premises", contained in the Warranty Deed recorded March 2, 1985 . in Book 68 of Deeds. Page 101 . records of Gallatin County, Montana. (Includes this and other property • in the S1/2NW1/4 of Section 18. Township 2 South, Range 6 East, M:P.M. )... 9 . Easement and Right of Way Agreement granted to the City of Bozeman for a perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a water main (together with the right of ingress and egress to and from said tract of land) upon and across subject real property recorded November 15 , 1983 in Film 80, page 855 ,• records of Gallatin County, ' Montana. 10. Right of Way for ditches, creeks or canals as they may flow over, along and across subject real property as disclosed by various instruments of record. CONTINUED PLATTING CERTIFICATE Continued 11. Reservation contained in various deeds of records as follows : "FURTHER RESERVING UNTO GRANTOR an easement 30 feet in width for sanitary sewer installation and maintenance, an easement 60 feet in width for the extension of Graf Street, and a further easement 60 feet in width for Sourdough Trail Road, all of which easements shall be located as required by the City of Bozeman. Montana". 12. Assignment of Contracts for Sale by Buyers as security by and between Eugene Graf, Jr. as assignors and First Security Bank of Bozeman, recorded December 10, 1981, in- Film 67 , page 731 , records of Gallatin County, Montana. 13 . MORTGAGE of -Real Property to secure an indebtedness as hereinafter set out and any other amounts payble under the terms thereof : Dated: January 10, 1983 Mortgagor." Eugene Graf, Jr. and Genevieve S. Graf, husband and wife Mortgagee : First Security Bank of Bozeman Amount : $778,492 .58 Recorded : March 7 , 1983 at 9 : 20 a.m. in Film 74 of Mortgages, page 2593, records of Gallatin County, Montana (Affects portions lying in the SW1/4 of Section 19 and other lands. ) 14. MORTGAGE to secure an indebtedness as hereinafter set out and any other amounts payable under the terms thereof : Dated: December 30. 1987 Mortgagor : Spring Meadow Partnership Mortgagee : First Security Bank Amount : $300, 000. 00 Recorded: March 31, 1988 at 11 : 16 a.m. in Film 100 of Mortgages, page 4445, records of Gallatin County; Montana (Affects Certificate of Survey 819-A) 15 . Further Administration, unpaid claims, costs of administration and succession taxes, if any, due in the matter of the estate of Eugene Graf, Jr. deceased, being Case No. DP 85-100. in the Eighteenth Judicial District of the State 'of Montana in and for the County of Gallatin. Note : Letters filed August 22, 1985 appointing Eugene Graf III as personal representative. 16 . Terms and conditions of Spring Meadow Partnership Agreement and any amendments, thereof, if any. 17 . Compliance with the Montana Subdivision and Platting Act, as amended, as well as any applicable City and County Subdivision and Zoning Laws . CONTINUED Q I PLATTING CERTIFICATE Security Title Company of Gallatin County, a Montana Corporation; hereby certifies that the foregoing Platting Certificate shows the name of the record owner of the subject real property, together with the present and proposed description of the property, and all encumbrances affecting the subject property, according to the office of the Clerk and recorder, Gallatin County, Montana. The liability for this examinatin ' is limited to the fee paid for the same. DATED : JULY 18. 1988 at 8 : 00 a.m. SECURITY TITLE COMPANY OF GALLATIN COUNTY B y :— -- F. Eugene Sprang t FEE : $95 .00 c i� BOZEM 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 18, 1988 Mr . John Miller Spring Meadows Partnership 618 West Griffin Bozeman, MT 59715 RE: Spring Meadows Subdivision Dear John: Enclosed please find a copy of the Waiver of Right to Protest Creation of Special Improvement Districts for Improvements to the Intersection of Kagy Boulevard and South Third Avenue. This waiver is a condition of Final Plat approval for Spring Meadows Subdivision. Please review the waiver and contact the office if you have any corrections or questions. If the waiver meets with your approval , please stop by the office to sign the original at your convenience. Sincerely, Debbie Arkell Assistant Planner DA/dla Enc. Spring Meadows Subdivision Final Plat Approval - Notes Please refer to July 1 , 1988 letter to John Miller while reviewing this memo: Conditions : #1 Not Required and is referred to on the Governing Body ' s Certificate #2 Met t #3 Certificates: A) C. of Dedication: Typo on last paragraph B) C. of Surveyor : OK C) C. of Planning Director : The w rd/ng varies from that required in the Subdivision Regula-t- -- Regs state " . . . find that it conforms to sub divisi n u ments of Section 76-3-101 through 76-3-614 , M.C.A. " . he Certificate on the Plat states " . . .conforms to law. " D) C. of Public Works: This is the same certificate as shown in the Sub. Regs. for the "Governing Body". E) C. of County Treasurer : OK F) Consent of Mortgagees: There is a typo on the First Security Bank of Livingston certificate. "Mortagee" instead of "Mortgagee" . Also, no "A.D. " in date line. G) C. of Local Governing Body: This sounds good, but I can ' t find it in the Sub. Regs. Also, no "A.D. " in date line. H) Clerk and Recorder : OK #4 . OK #5. The prelimminary plat showed 4. 12 acres for Lot 2, Block 2 which equals 179,467 sq. ft. A note in the file indicates that Dennis Foreman called stating the correct area for Lot 2, Block 2 is 4. 96 acres, which equals 216,058 sq. ft. The Final Plat shows 213 ,412 sq. ft. (g5js005; /",.A-� #6 . There is a paragraph in the covenants re: weed control , however , we need a plan and letter of approval of the plan from the county weed control officer . V . The plat states "10 ' wide walkway part of private drive" . Does this suffice? k6-L 1 �. 1 � . � ..� . a � l F � � _ r � L •. � ..I F _ ` e .. `. f 4 . .. � 1 1 � • - , + � ^ , - - _ � . ... ( ; � y � 1 � • .. _ A i. i 1, � � a � ,� � .. J C� �. #8. OK #9 . Have the 310 permit and plan and approval from SCS. Still need written approval from the property owner for realignment of Flat Creek (Valley View) . Also, Flat Creek is not designated on the Final Plat. #10. Need written approval of the emergency access barrier from Phill , George Tate and Dan Figgins. #11 . Need written easement from property owner for portion of the cul-de-sac which is outside Spring Meadows Boundaries. #12. Refer to Page 5, Para. 4 of Staff Report. This inconsistency appears to be taken care of by eliminating the easement note from the plat. #13 . Changes in Covenants: MTh se cchaanggees still need to be made. #14 . We need to prepare a waiver of protest for Kagy & 3rd intersection to be signed by Miller. #15. Need written approval from Phill . #16. We need to prepare an Improvements Agreement (if all improvements are not met - should view site) and have signed by Miller . #17. View site to insure that "fire lane" signs are installed in cul-de-sac. If not, include in IA. #18 . OK #19. View site to insure that emergency road is completed or include improvement in IA. Also, need something in covenants that the Home Owner ' s Association will maintain that access. The Final Plat does not show sidewalk or utility easements along Graf Street. ACI-7 5 0�- October 17, 1988 Debbie Ar/kell p•U3Cl �� SwSo�-0�5 arQS;, c \\(ifSe use 0 2 • ~�� • � � '� r 1 i "'�J � 'U `' t �' � l �� i �a � , t �i . � � �, :'� C '. . - _. 3 1 ,, .. ., c• ��>. is � o � F ti - t � � � ' � ti J ' + � ..,i. � I _ .. � .. � _ � � i _ � � ,� - t � � i f �� ', .. . �` . . t Bo THE CITY OF BOZEMAN 411 E.MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN, MONTANA 59715-0640 co.M°? July 1 , 1988 Mr. John Miller Spring Meadows Partnership 618 West Griffin Drive Bozeman, MT 59715 RE: P-8706 - Spring Meadows Subdivision Conditions for Final Plat Approval Dear John: The staff has researched the Spring Meadows Subdivision file, per your request last week, to determine what must be done before Final Plat approval can be granted. Below are the condi- tions of approval as set by the City Commission on June 1, 1987, with staff comments regarding . their status. 1 . Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to final plat approval . Emery Nelson has advised this office that because this sub- division in within the City of Bozeman and will connect to city sewer and water services, . Montana Department of Health and Environmental Sciences approval is not required. There- fore, this condition will not apply. 2. The following high groundwater warning note shall be placed on the face of the plat prior to final plat approval: "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the seasonal high groundwater levels be made by a qualified engineer or soil scientist prior to construction of structures with a lowest floor level more than three feet below the top of the curb on the street from which it is served. " This notation must be - on the face of the Final Plat before approval. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Mr. John Miller July 1 , 1988 Page 2 3. The final plat shall include all required certificates as outlined in the Bozeman Area ubdivision Regulations. These certificates must be shown on the Final Plat. 4 . A utility easement shall be noted on the face of the plat along Spring Meadows Drive and Billion Place. This easement must be shown on the Final Plat. '5. 'The correct area of Lot 2, Block 2 shall be identified on the face of the final plat. This must be shown on the Final Plat. 6. Prior to final plat approval , the applicant shall submit a weed control plan to the County Weed Supervisor for review and approval . This plan must be submitted to, the County Weed Supervisor for his approval. A letter from the County Weed Supervisor stating his approval of the plan must be submitted to the planning office prior to Final Plat approval . 7 . The ownership of the walkway located in Block 1 shall be clarified on the face of the plat, prior to final plat approval. This must be shown on the Final Plat. 8. Prior to final plat approval , the applicant shall obtain a 310 permit and a floodplain development permit for the Graf Street crossing of Matthew Bird Spring Creek. This condition has . been met. 9. Prior to final plat approval. - the applicant must obtain a 310 permit and approval by the Federal Emergency Management Agency for the Flat Creek relocation plan. Approval of the plan by the adjoining property owner must also be obtained. The 310 permit has been received. Written approval of the plan by the adjoining property owner must be filed with the planning office. Mr. John Miller July 1, 1988 Page 3 10. The design of the emergency access barrier at the northern property boundary must be approved in writing by the City Engineer, Fire Marshal and Police Chief prior to final plat approval . Adequate legal and physical access must be provided for maintenance of the storm detention facility located at the northern end of the property. Written approval of this condition from the City Engineer, Fire Marshal and Police Chief must be filed with the planning office. 11 . The temporary cul-de-sac located at the southern end of Graf Street must maintain a minimum 50-foot radius gravel surface and easement. An easement must- be obtained from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Subdivision. This easement must be shown on the plat and a written ease- ment from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Subdivision must be filed with the planning office. 12. Conflicts between the easements noted on the face of the plat and those referenced in the covenants shall be resolved prior to final plat approval. This condition must be met prior to Final Plat approval . 13. The Protective Covenants shall be revised in the following manner: a. Paragraph 6, page 6, shall be deleted. b. Paragraph 7, page 6, shall be revised to eliminate references to the use of the sanitary sewer for the disposal . of garbage, trash and other wastes. C. Paragraph 6, page 8, shall be revised to preclude the planting of trees and bushes in easement areas. d. Paragraph 7, page 8, shall be deleted; and e. The covenants shall be revised to include a more detailed explanation' of the Developmental Guidelines and the review process. i Mr. John Miller July 1 , 1988 Page 4 The Protective Covenants have been approved by the Planning Director for the Planned Unit Development. However, during that approval process, the conditions of approval for the subdivision were not double checked to insure compliance with the conditions of subdivision approval. Therefore, the following changes must be made to the Subdivision Covenants prior to Final Site Plan approval: Condition 13 (a) : This paragraph reads : "The owners of two or more building lots may join together in the installation and maintenance of domestic water supply facilities for their joint use, so long as in accordance with all applicable rules and regulations of any public agency. " This entire paragraph must be deleted from the Covenants. Condition 13 (b) : This change has been made in the Covenants. Condition 13 (c) : This paragraph reads: "Easement areas may be landscaped by property owners so as to enhance their appearance so long as landscaping does not interfere with the use of the property as an easement. " A sentence must be added to this paragraph to preclude the planting of trees and bushes in the easement areas. Condition 13 (d) : This paragraph reads: "No utility, ser- vice line or facility shall be installed or replaced without the prior approval of the Association. All easement areas must be restored, at the expense of the utility or service entity doing such work, to as near the condition that existed previous to such work as possible. At the discretion of the Association, a bond may be required of the utility or service entity to ensure compliance with this provision. " This entire paragraph must be deleted. 0 Condition 13 (e) : These revisions were made during the PUD process. 14 . The property owners of record shall file with the Gallatin County Clerk and Recorder a waiver of right to protest the creation of S . I .D. 's for improvements to the intersection of Kagy Boulevard and South Third Avenue, prior to final plat approval . This waiver will be prepared by the planning office for your signature, then the document must be filed with the Clerk and Recorder. Mr. John Miller July 1, 1988 Page 5 15. The final construction plans and profiles for all streets, water , sanitary sewer, storm drainage, fire hydrants and sidewalks shall be prepared and submitted for review and approval by the City Engineer pursuant to Chapter 16. 26 of the Bozeman Area Subdivision Regulations. Written approval of these plans must be submitted to the planning office by the City Engineer. 16. The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and conditions of 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 the amount of 150 percent of the cost of the remaining improvements. The planning office will prepare this document for your signature. 17. That the cul-de-sacs be declared as fire lanes and shall be marked accordingly, to preclude on-street parking in those locations. These signs must be installed prior to Final Plat approval or included in the Improvements Agreement. 18. The developer shall participate in an appropriate percentage of right-of-way improvements for pedestrian walkways on South Third Avenue based on the proportionate share of vehicular traffic generated by the proposed P.U.D. This condition was met during PUD approval . 19. That construction of the emergency access road to the north be completed by the developer and that the homeowner 's associa- tion be responsible for maintenance of that emergency access road. The emergency access road must be completed prior to Final Plan approval , or its cost included in the Improvements Agreement security. The developer must show the staff where the homeowner ' s association documents require maintenance of this access. Mr. John Miller July 1, 1988 Page 6 Most of the conditions require additions to the Final Plat. 'The staff will prepare the Improvements Agreement, Cost Estimates, and Waivers of Protest. A copy of this letter will be forwarded to Sanderson/Stewart/Gaston Engineering, Inc. for their reference. Should you have any questions regarding any of the conditions, please feel free to contact the planning office. Sincerely, Bill Murdock Planning Staff dla cc: Sanderson/Stewart/Gaston i RECEIPI9 Dote / - + '7 19 Ag 3415 Received From © K �! �✓" i Address Nu e,� �- �.,,.a.,,, �.� � �o �— Dollars $ ( '7 For, . N e ► �'•� ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AMT.PAID CHECK BALANCE MONEY �/ DUE ORDER I BK802 REDIFORM RECEIP79"T 3 415 Date / u ` � 19 �� Received From Address No e,� s�P-4-e i o �— Dollars $ 7 �- For e %,u ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AML PAID CHECK "` MOWY CUE E ORM BY Jj BK802 rIMFORM s' BOZEMAN CITY-COUNTY PLANNING BOARD O*ZEMAN MUNICIPAL BUILDING 16 BOZEMAN, MONTANA FINAL PLAT APPLICATION 'NOTE: Please print or type. Applications will not be accepted by mail. Major Subdivision Spring Meadows Sub . Minor Subdivision Iwo, Spring Meadow Partnership hereby make application to the City-County Planning Board for final plat review and approval of the accompany plats and date for SUBDNISION r,r i ncr Meadc)w Suh . which information is attached hereto and made a part hereof,in accordance with SecbOns 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 ofowner(s) Spring Partnership 2300 North 7th Ave, Bozeman, MT 5971kone 586-7904 2. Name and address of applicant(s) Same as above Phone 3. Name and address of Subdivider(if other than owner) Phone 4. Name and address of surveyor s,[S1c; F cji nePrs & Surveyors-, P.O. Box 861;Bozeman, MT 59715 Phone 586-0588 5. Location of property/street number GraStreP} Legal description C/S 819A & a portion of the M4- Sec. 19 , T2S, R6E 1 18 .718 ACS. 13 . 338 ACS. 6. Total acres 8 -7 8 Total number of lots proposed Gross Net 7. School District 11 7 B. Date of preliminary approval 6/1/8 7 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 qnd obligations legElIly imposed by the City Commission and/or the Board of County Commissioners in th ap oval f h' final subdivision plat application. OWNER'S SIGNATURE: DAT�-;/ 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 Date Received Received by Filing Fee Receipt Number Preliminary Plat Conditions Satisfied County/City Attorney Opinion Park Requirements Satisfied Improvement Agreements Completed Engineering Plans and Specifications Reviewed Monumentation Certification Approved CITY-COUNTY PLANNING BOARD OFFICE DATE II r3 adµ ry� �. . c-6 61c- lit 1 tJ64 II 1 � _ r nn _L.JI _ - -- - - �r 6y-,� S r o �-(- �� . W o�� a.. -15- Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1 ) Minutes from the Board of Adjustment meeting of June 6, 1988. (2) Copies of letters from Ray Johnson concerning flood water in his crawl space, as requested by Commissioner Martel. Commissioner Martel stated that Mr. Johnson had 'conVli ted him about this problem. He noted that Mr. Johnson had water in his crawl space following the rain about a month ago as well as with the last rain. City Manager Wysocki indicated that Mr. Johnson has discussed this matter with various City staff members over the past several years. Commissioner Vant Hull stated that she has also discussed this issue with Mr. Johnson. (3) The City Manager reminded the Commission that the Audit Committee will meet at 11 :00 a.m. on Friday, June 17. (4) The City Manager reminded the Commissioners of the CNFR Parade at 2:30 p.m. on Wednesday, with lunch at the Elks at 12:30 p.m. (5) Commissioner Vant Hull indicated that she will attend a Board of Directors meeting for the League on Friday in Helena. She suggested that any Commissioner wishing messages conveyed to that meeting contact her before Friday morning. Commissioner Martel suggested that a representative from the Gaming Industry As- sociation of Montana be invited to address the League at its annual convention in Septem- ber. He noted that Mr. Jim Durkin, Executive Director, indicated an interest in being invited to address the League when he appeared before the Commission recently. (6) Commissioner Goehrung indicated appreciation for the sidewalk marking which indicated no bicycles or skateboards are allowed on the sidewalks in the downtown area. He noted they have greatly reduced the number of offenders. Consent Items City;Manager Wysocki presented to the Commission the following Consent Items: ;Re st-for one-year extension of preliminary plat for Sprin Meadows -��-- u iwsion;to-- une—l-,1_ Authorize Call for Bids for construction .of SID No. 653 - paving of Graf Street to collector standards / Application for Kennel License - eborah L. Berglund and Monte L. Cooper, 803 South Churchvenue - a endar Year 1988 Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Consent Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye 06-13-88 MEMORANDUM TO: BOZEMAN CITY-COMMISSION FROM: CITY-COUNTY PLANNING STAFF DATE: MAY 16, 1988 RE: SPRING MEADOWS SUBDIVISION PRELIMINARY PLAT EXTENSION ------------------=---------------------------------------------- On behalf of their client, Sanderson, Stewart and Gaston, Inc. has applied for a one year extension of preliminary approval of Spring Meadows Subdivision . The City_ Commission voted on June 1 , 1987 to grant preliminary approval for the subdivision. Extension of the approval is permitted under the Bozeman Area Subdivision Regulations. The additional time is requested to complete street and public facility improvements. The developer has demonstrated efforts to meet preliminary plat conditions by obtaining a final site plan for the Spring Meadows P.U.D. conditional use permit, a prerequisite to final plat approval . WM/dla Sanderson/Stewart/Gaston APR 01 19a$ A Engineering, Inc. �s March 31, 1988 W.O. #86-512 Mr. Andy Epple r. . City/County Planning Director P. 0. Box 640 Bozeman, MT 59715 RE: Request for Extension on Preliminary Plat Approval of Spring Meadows Subdivision Dear Andy: As agent for the owner of Spring Meadow Subdivision we would like to request a one year extension on the preliminary plat approval. We are currently in the process of installing the required improvements but will not have them installed and the plat recorded by June 1, which is the end of our one year approval. If you have any questions, please contact our office. Sincerely, aid d t Dennis L. Foreman DLF/jac Consulting Engineers and Land Surveyors Billings office: Sheridan office: Bozeman office: Suite 200 Creekside 45 East Loucks-Suite 301 2010 North 7th - Suite B 1001 South 24th Street West Sheridan, Wyoming 82801 P.O. Box 861 Billings, Montana 59102-3091 307-674-4224 Bozeman, Montana 59715-0861 406-656-5255 406-586-0588 SOZ . • 4° THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 * * BOZEMAN. MONTANA 59715-0640 88 9T�N CO. June 1, 1988 John Miller c/o Spring Meadows Partnership 412 Bryant Bozeman, MT .59715 RE: Spring Meadows Subdivision and P.U.D. Files Z-8711 and P-6-493F 870(0 Dear John: On June 1, 1987 , Spring. Meadows received both preliminary plat approval for a subdivision, and conditional . use permit approval for a planned unit development from the City of Bozeman. The Planning Staff worked with you through the winter to meet the conditions of approval for the Spring Meadows Planned Unit Devel- opment. All conditions have been met except a signed waiver of protest to pedestrian walkways. In May, 1988 , you requested a one year extension on preliminary plat approval for Spring Meadows Subdivision. Because subdivisions must conform to area zoning regulations, you must meet the terms of your conditional use permit for your P.U.D. before an extension on subdivision approval can be granted. Please sign 'and have notarized the enclosed waiver of pro- test to pedestrian walkways, which is the remaining condition of approval for Spring Meadows P.U.D. , and return to our office by June 10, 1988 . Failure to do so will result in a recommendation of denial of your request for an extension of preliminary plat approval. Please contact me at 586-3321 Ext. 227 if you have any questions. Sincerely, Bill Murdock Planner dla Enc. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE.PARK N2 STATE OF MONTANA 1 • . NATURAL STREAMBED AND LAND PRESERVATION ACT: App.No.--' .-- NOTICE OF PROPOSED PROJECT NOTE: SEE REVERSE SIDE FOR ADDITIONAL INFORMATION REQUIRED Date Re'd___._._ .. . 1. a. Name of Applicant John L. Miller Address 618 W. Griffin Drive City or Town Bozeman State Montana Zip Code 59715 _ Telephone No. 5 8 6-7 9 0 4 b. Name and address of owner of site: (If different from applicant) Spring Meadow Partnership Telephone No. 586-7904 h 1 A w r r i f f i n , Bnz eman; MT c. Name, address and title of applicant's authorized agent for permit application coordination: (attorney, business manager, etc.) Sanderson/Stewart/Gaston Engineering, Inc. Telephone No. 586-0588 2.,Name of stream at location of activity: Flat Creek County: —Gallatin _ Location of the proposed activity: 1/4__1/4 1/4 Section Township Range 3. Describe proposed activity, type of structure, method of construction, materials and equipment to be used: Relocate stream to meander adjacent to Valley View Golf Course 4. Date activity is proposed to commence: Apr. 15Date activity is expected to be completed: July 1 5. Names and addresses of surrounding property owners and those whose lands adjoin the stream near the point of activity:(upstream, downstream, across) Valley View Golf Course , Donald K. -Weaver, Jr . 302 E . Kagy Blvd. _ 2404 Springcreek Drive_ Bozeman, MT 59715 _Bozeman, MT 59715 6. Has any agency denied approval for the activity described herein or for any activity related to the activity described herein?_Yes_No If yes, explain further on separate sheet. 7. THE APPLICANT CERTIFIES THAT THE STATEMENTS APPEARING HEREIN ARE TO THE BEST OF HIS KNOWLEDGE TRUE AND CORRECT AND HEREBY AUTHORIZES THE INSPECTION OF THE PROJECT SITE BY INSPECTING AUTHORITIES., Signature: Date:_ RETURN C PLE tD FORM TO YOUR LOCAL CONSERVATION 61STRICT OFFICE Form 271 R182 THE FOLLOWING ITEMS ARE TO BE COMPLETED BY THE CONSERVATION DISTRICT BOARD The application proposal (is)(is not) a project as defined by the Natural Streambed and Land Preservation Act. Reasons: If the application is not a project as defined in this act, applicant may proceed with proposal. CONSERVATION DISTRICT BOARD SIGNATURES: Date: Date this determination forwarded to applicant and to the Montana Department of Fish,Wildlife, and Parks: STATE OF MONTANA App. No. GD-84-87 NATUP*STREAMBED AND LAND PRESERVATIOJOCT NOTICE OF PROPOSED PROJECT 1. a. Name of Applicant Sprtnq Meadow Partnership Address 6.18 West Griffin Cityflr-Town Bozeman State Montana Zip Code 59715 Telephone No 586-7904 b. Name and address of owner of site:(If different from applicant) Telephone No.— c. Name,address and title of applicant's authorized agent for permit application coordination:(attorney, business manager,etc.) Sanderson/Stewart/'Gaston Eng. Inc. Telephone No. 586-0588 y P. 0. Box 861m Bozeman, -MT 59715 2. Name of stream at location of activity: Matthew Bird & Flat Cr��unty: ' Gallatin Location of the proposed activity: 1/4 1/4 M 1/4 Section 7 Township 2S Range 6E 3. Describe proposed activity,type of structure,method of construction,materials and equipment to be used: Relocate Flat Creek as� staked in field . Pipe Matthew Bird Creek. under road. (5) Valley View Golf Club 302 East Kagy Bozeman, MT 59715 1=15-88 6-15-88 4. Date activity is proposed to commence: Date activity is expected to be completed: 5. Names and addresses of surrounding property owners and those whose lands adjoin the stream near the point of activity:(upstream,downstream,across) Endowment & AlumniFoundation Don Weaver Roy-E., Hbff-man Building MSTJ 2404 Springcreek Drive B.ozeman, MT 59.717 Bozeman, MT 59715 6. Has any agency denied approval for the activity described herein or for any activity related to the activity described herein? Yes-.X__No If yes,explain further on separate sheet. 7. THE APPLICANT CERTIFIES THAT THE STATEMENTS APPEARING HEREIN ARE TO THE BEST OF HIS KNOWLEDGETRUE AND CORRECT,AND HEREBY AUTHORIZESTHE INSPECTION OFTHE PROJECT SITE BY INSPECTING AUTHORITIES. Signature: `� Date---(-2 X, RETURN COM 70 FORM TO YOUR LOCAL CONSERVATION DISTRICT OFFICE Form 271 RM THE FOLLOWING ITEMS ARE TO BE COMPLETED BY THE,CONSERVATION DISTRICT BOARD The application proposalo(Is not)a project as defined by the Natural Streambed and Land Preservation Act. Reasons: If the application is not a project as defKGNAT ned in this act, applicant may proceed with proposal. CONSERVATIO=DISTR B D URES: .Pi Date:12 1,C Date this determination forwarded to applicant and to the Montana Department of Fish,Wildlife, and Parks: j, .00 BOZEMA N# r;r ,. .x., CITY COUNTY PLANNING BOARD AN= ,, 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586-3321 June 10, 1987 Mr. John Miller Spring Meadows Partnership 618 Griffin Drive Bozeman, MT 59715 RE: * Spring Meadows Development Dear John: Attached please find a copy of the City Commission minutes regarding the approval of the Spring Meadows P.U.D. and Subdivision. The minutes outline the condi- tions of approval for both the Preliminary Plat and the Conditional Use Permit for the development. As you are aware, the Preliminary Plat approval is , valid for a period of one year. However, prior to June 1, 1988, you. may request .an extension from. the City Commission. The Conditional Use Permit condi= tions require that - the Final Site Plans .and Develop- ment Guidelines be approved by December 1, 1987. Please feel free to contact the Planning Staff if you have any questions regarding the conditions of approval. Good luck with the project! Sincerely, Marcia Elkins Long Range Planning and Subdivision Administrator dla Enc. 7 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 1 , 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 1 , 1987, at 2:00 p.m. Present were Mayor Mathre, Com- missioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of their regular meeting of May 26, 1987, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Decision - Preliminary Plat Review - Spring Meadows Subdivision = Spring Meadows Part- nership - 18.6-acre tract locatea in the NWJ of Section 19 and COS No. 819A, locateu-IF the 014 of Section 19, T2S, 6 east of East Graf Park, south of Westrid—g—eVe—ad- ows PUD and west of Valley View Golf Course) This was the time and place set for the decision on the preliminary plat for Spring Meadows Subdivision as submitted by Spring Meadows Partnership for a 18.6-acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly known as being located east of East Graf Park, south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course. City Manager Wysocki reminded the Commission that they had tabled the decisions on the preliminary plat and the Conditional Use Permit requested for Spring Meadows Subdivision so that a full Commission would be present. He further reminded the Com- mission that at their May 4 meeting, a motion for approval of the preliminary plat, subject to nineteen conditions, had been placed on the floor prior to tabling of the decision. Commissioner Jordan asked if a condition requiring participation in improvement of the intersection of South Third Avenue and West Graf Street should be included in possi- ble approval of this application. Long Range Planning/Subdivision Administrator Marcia Elkins stated that engineer- ing information indicates no need for improvement of that intersection, based on traffic 06-01-87 -2- patterns and projected traffic from this development and other potential development in the area. She indicated it would be difficult to impose a condition on this item, since the engineering information does not support the need for improvements. Commissioner Jordan noted that this project will provide amenities in that area which would not necessarily exist through another development. Fie then noted that Com- missioner Vant Hull has listed two major concerns in her memo to the other Commissioners which he feels should be addressed. He noted that development should be encouraged within the city limits, with impacts to roadways being addressed as those developments occur. He stated that he feels a walkway is definitely needed along South Third Avenue; and he feels that the intersection of South Third Street and West Graf Street should be improved, possibly being squared up with a four-way stop. The Commissioner then stated that he feels the Commission should make a commitment to implement those improvements as soon as possible, even if improvement of the intersection is not made a condition for approval of this application. Mayor Mathre stated she feels there is a need for a sidewalk along South Third Avenue to provide for pedestrian safety. She noted, however, that when the staff indi- cates there are no traffic warrants for improvement of the intersection, it is difficult to require the improvement. Commissioner Martel noted that additional traffic is the primary objection from those in the area. He noted that extension of a north/south street, such as South 7th Avenue, to Kagy Boulevard at the same time as Kagy Boulevard is extended from South 11th Avenue to South 19th Avenue could alleviate much of the traffic and problems at the intersection of South Third Avenue and West Graf Street. The Commissioner stated that South Third Avenue is not the only traffic problem within the city; and he feels all of the issues should be addressed in an overall manner, rather than considering one isolated case at this time. Mayor Mathre asked if the City's transportation plan is being reviewed. Planner Elkins stated that the transportation plan is being reviewed in conjunction with the Master Plan update. Commissioner Stiff noted that all of South Third Avenue is a problem, not just its intersection with West Graf Street. City Manager Wysocki reminded the Commission that some design problems will be incurred with installation of sidewalks along South Third Avenue due to the deep borrow pits. He further reminded the Commissioners that a portion of the property along both sides of the street lies outside city limits. Commissioner Stiff stated that he originally felt this preliminary plat should be 06-01-87 denied because it provides private streets rather than public streets, with future exten- sion of the public street through to Fairway Drive, which connects to Kagy Boulevard. The Commissioner noted that review of development in that area, however, shows that construction of a public street could decrease the value of those properties; therefore, he has decided to support the private street concept. The motion, which had been previously tabled, was then voted on as follows: It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commis- sion approve the preliminary plat for the Spring Meadows Subdivision, located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian, subject to the following conditions: \,-Y: Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to final plat approval; cl�2. The following high groundwater warning note shall be placed on the face of the plat prior to final plat approval: "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the sea- sonal high groundwater levels be made by a qualified engi- neer or soil scientist prior to construction of structures with a lowest floor level more than three feet below the top of the curb on the street from which it is served" �3! The final plat shall include all required certificates as outlined in the Bozeman Area Subdivision Regulations; 4 AA utility easement shall be noted on the face of the plat along Spring Meadows Drive and Billion Place; �5. The correct area of Lot 2, Block 2 shall be identified on the face of the final plat; �6-.----,Prior to final plat approval, the applicant shall submit a weed control .plan to the County Weed Supervisor for review and approval; QlThe ownership of the walkway located in Block 1 shall be clarified on the face of the plat, prior to final plat approval; �8! Prior to final plat approval, the applicant shall obtain a 310 permit and a floodplain development permit for the Graf Street crossing of Matthew Bird Spring Creek; \A9; Prior to final plat approval, the applicant must obtain a 310 permit and approval by the Federal Emergency Management Agency for the Flat Creek relocation plan. Approval of the plan by the adjoining property owner must also be obtained; 10. The design of the emergency access barrier at the northern property boundary must be approved in writing by the City Engineer, Fire Mar- shal and Police Chief prior to final plat approval. Adequate legal and physical access must be provided for maintenance of the storm de- tention facility located at the northern end of the property; '14 . The temporary cul-de-sac located at the southern end of Graf Street must maintain a minimum 50-foot radius gravel surface and easement. An easement must be obtained from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Sub- division; 11'. Conflicts between the easements noted on the face of the plat and 06-01-87 y �f -4- r those referenced in the covenants shall be resolved prior to final plat 1 approval; (13.--' The Protective Covenants shall be revised in the following manner: a. Paragraph 6, page 6, shall be deleted; b. Paragraph 7, page 6, shall be revised to eliminate ref- erences to the use of the sanitary sewer for the disposal of garbage, trash and other wastes; C. Paragraph 6, page 8, shall be revised to preclude the planting of trees and bushes in easement areas; d. Paragraph 7, page; 8, shall be deleted; and e. The covenants shall be revised to include a more de- tailed explanation of the Developmental Guidelines and the review process. �,l4. The property owners of record shall file with the Gallatin County Clerk and Recorder a waiver of right to protest the creation of S.I.D.'s for improvements to the intersection of Kagy Boulevard and South Third Avenue, prior to final plat approval; ✓15. The final construction plans and profiles for all streets, water, sani- tary sewer, storm drainage, fire hydrants and sidewalks shall be pre- pared and submitted for review and approval by the City Engineer pursuant to Chapter 16.26 of the Bozeman Area Subdivision Regu- lations; 16. The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and conditions of 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 the amount of 150 percent of the cost of the remaining improvements; 17: That the cul-de-sacs be declared as fire lanes and shall be marked ac- cordingly, to preclude on-street parking in those locations; 18.The developer shall,participate in an appropriate percentage of right-of-way improvements for pedestrian walkways on South Third Avenue based on the proportionate share of vehicular traffic generated by the proposed P.U.D. ; 49 That construction of the emergency access road to the north be com- pleted by the developer and that the homeowners' association be re- sponsible for maintenance of that emergency access road. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was then moved by Commissioner Jordan, seconded by Commissioner Stiff, that the staff be directed to review South Third Avenue from its intersection with West Graf Street to its intersection with Kagy Boulevard, submitting a report back to the Commis- sion concerning public improvements, including sidewalks, and possible annexation of those parcels currently outside city limits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant [lull and Mayor Mathre; those voting No, none. 06-01-87 JOHN MELCHER MONTANA 'United states matt May 19, 1987 John L. Miller President Leisure Life Services , Inc. 412 Bryant Bozeman, Montana 59715 Dear John: It was good to hear of the residential retirement facilities which you are planning to build in Bozeman, Hamilton and perhaps other locations in Montana. I understand this is a new concept for our state. As Chairman of the Senate Special Committee on Aging , I know how important it is for facilities like this to look and feel like home yet provide support systems such as group meals and backup personal care services . I was also pleased to hear of your plans to locate within residential areas and of all the planned "extras" -- craft and greenhouse rooms , spa with a whirlpool and exercise equipment as well as a beauty, barber and sundry shops and rooms for recreation, parties and conferences . This should all add up to a pleasant and active place for retirees to live and remain in their own communities with friends and family. I am sure that facilities such as you are planning will make a real contribution to the well-being of many seniors in Montana and I hope that your plans will be realized soon. Best regards . Sincerely, 730 HART BUILDING WA,sHimao.N- DC 20510 (202) 224-2644 . MAY 1 1 iS67 April 9 , 1987 '.HAS" I S i;,b% City Council Judy Mathre P.O. Box 640 Bozeman, MT 59715 Dear Council Members: Thank you for the opportunity to express my feelings Monday night at the Bozeman City Council . It' s not my intension to stop development or even slow it down because I know the day will come when the extension of Graff Street will be fully developed. My concerns at this point are: ( 1 ) The creation of a private road; Spring Meadow Drive. To approve proposed Spring Meadow Drive as a private road could be a mistake that will make it impossible for future commissions to ever have the option of a feeder artery north to Kagy Boulevard , even though this decision maybe twenty years away. I would like to see proposed Spring Meadow Drive border the park land. Yes, this would allow for construction on only one side of the road . But, would open the park land to the general public , which the developers have conviently managed to land lock. (2) The immediate traffic on Graff Street: I don' t think anyone will deny that there have been planning errors that have created a monster on Graff Street. I hope that blood does not have to be let before this problem becomes a high priority. Mr. Martel commented "we cannot hold this developer hostage over ,the Graff Street congestion. " Mr. Martel goes on to explain that we already have that "hostage" and it is the future developer of West Park II. As I understood that once West Field II is developed then somthing will be done to improve South Third. I feel the Commission must consider diversifing this responsibilty to any development that will feed congestion to South Third Street. I know as City Commissioners it would be nice to backup and undo some of the decisions made by prior Commissions knowing what we know today. I feel the day will come when the Commission will agree that allowing Fairway Drive to be a private street in the first place will be considered a bad decision. I trust as commissioners you will look at this matter, not as a 1987 decision, but a decision that could have pronounced effects twenty years from today. The issue of South Third is eventually going have to be addressed. As time goes on I see the problem of South Third compounding at an ever increasing rate, as any development South of Kagy is propossed . Thank you for your onsideration. Very ely our Thomas D. Fulton RESOLUTION OF THE BOZEMAN CITY-COUNTY PLANNING BOARD RECOMMENDING CONDITIONAL APPROVAL OF A PRELIMINARY PLAT APPLICATION FOR SPRING MEADOWS SUBDIVISION - A PLANNED UNIT DEVELOPMENT LOCATED ON A PORTION OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 2 SOUTH, RANGE 6 EAST, M.P.M. , CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA ----------------------------------------------------------------- WHEREAS, the City of Bozeman and the Gallatin County Commis- sioners have adopted a Master Plan pursuant to 76-1-604 , M.C.A, 1981 ; and WHEREAS, the Bozeman City-County Planning Board has been created by joint resolution of the City of Bozeman and Gallatin County, as provided for in Title 76 , Chapter 1 , M.C.A. , 1981 ; and a jurisdictional area created under 76-1-504 , M.C.A. , 1981; and WHEREAS, the proposed preliminary plat application for Spring Meadows Subdivision - A Planned Unit Development, lies within the said jurisdictional area of the Bozeman City-County Planning Board; and WHEREAS, the Planning Board has found the preliminary plat to be in accordance with the adopted Master Plan; and WHEREAS, the proposed plat has been properly submitted and reviewed under procedures of Section 16. 08 of the Bozeman Area Subdivision Regulations adopted by the Gallatin County Commission and the Bozeman City Commission; and WHEREAS, the Planning Board held a public hearing on April 28 , 19.87 to receive and review all written and oral testimony on the preliminary plat; and WHEREAS , the Planning Board has found that the location, type, and ownership of surrounding land uses restrict the development of through streets at the northern area of the property; and WHEREAS, the Planning Board has found that the proposed variance to the maximum length of a cul-de-sac would not create a public health or safety problem and would be in the public interest; and WHEREAS , the Planning Board recommends approval of a variance to the maximum length of a cul-de-sac for Spring Meadows Drive as established in Section 16 . 12 .040 (K) of the Bozeman Area Subdivision Regulations; and WHEREAS, the Planning Board reviewed and considered the eight public interest criteria established in Title 76-3-608 M.C.A. , 1983 , and finds that the preliminary plat is in the public interest; and 1 WHEREAS, the Planning Board has found that the proposed plat meets the planning and zoning criteria of the Bozeman Area Sub- division Regulations. NOW, THEREFORE, BE IT RESOLVED that the Bozeman City-County Planning Board recommends that the preliminary plat application for Spring Meadows Subdivision - A Planned Unit Development, be approved with the following conditions : 1) Montana Department of Health and . Environmental Sciences approval of the subdivision must occur prior to Final Plat approval ; 2) The following high groundwater warning note shall be placed on the face of the plat prior to Final Plat approval : "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the seasonal high groundwater levels be made by a qualified engineer or soil scientist prior to construction of structures with a lowest floor level more than three feet below the top of the curb on the street from which it is served" 3) The Final Plat shall include all required certificates as outlined in the Bozeman Area Subdivision Regulations; 4) - A utility easement shall be noted on the face of the plat along Spring Meadows Drive and Billion Place; 5) The correct area of Lot 2 , Block 2 shall be identified on the face of the Final Plat; 6) Prior to Final Plat approval , the applicant shall submit a weed control plan to the County Weed Supervisor for review and approval ; 7) The ownership of the walkway located in Block 1 shall be clarified on the face of the plat, prior to Final Plat approval ; 8) Prior to Final Plat approval , ' the applicant shall obtain a . 310 permit and a floodplain development permit for the Graf Street crossing of Matthew Bird Spring Creek ; 9) Prior to Final Plat approval , the applicant must obtain a 310 permit and approval by the Federal Emergency Management Agency for the Flat Creek relocation plan. Approval of the plan by the adjoining property owner must also be obtained; 10) The design of- the emergency access barrier at the northern property boundary must be approved in writing by the City Engi- neer , Fire Marshall and Police Chief prior to Final Plat approval . Adequate legal and physical access must be provided for mainten- ance of the storm detention facility located at the northern end of the property; 2 11) The temporary cul-de-sac located at the southern end of Graf Street must maintain a minimum 50 foot radius gravel surface and easement. An easement must be obtained from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Subdivision; 12) Conflicts between the easements noted on the face of the plat and those referenced in the covenants shall be resolved prior to Final Plat approval; 13) The Protective Covenants shall be revised in the following manner : a . Paragraph 6, page 6 shall be deleted ; b. Paragraph 7 , page 6 shall be revised to eliminate references to the use of the sanitary sewer for the disposal of garbage, trash and other wastes; C. Paragraph 6 , page 8 shall be revised to preclude the planting of trees and bushes in easement areas; d . Paragraph 7, page 8 shall be deleted; and e. The covenants shall be revised to include a more detailed explanation of the Developmental Guidelines and the review process. 14) The property owners of record shall file with the Gallatin Clerk a waiver of right to protest the creation of S. I .D. ' s for improvements to the intersection of Kagy Boulevard and South Third Avenue, prior to Final Plat approval ; 15) The final construction plans and profiles for all streets , water , sanitary sewer, storm drainage, fire hydrants and sidewalks shall be prepared and submitted for review and .approval by the City Engineer pursuant to Chapter 16. 26 of the Bozeman Area Subdivision Regulations; 16) The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and conditions of 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 the amount of 150 percent of the cost of the remaining improvements. DATED this 28th day of April , 1987 . Resolution No. P-8706 . Steve Lere, Director Steve Custer , Chairman Bozeman City-County Bozeman City-County Plannng Board Planning Board c� 3 r a Chairman Rupp announced that a quorum of the Planning Board was present and turned the Chair over to Planning Board Chairman Steve Custer . ITEM 3 . PLANNING BOARD -- PLANNING APPLICATION #P-8706 -- AN APPLICATION FOR PRELIMINARY PLAT APPROVAL OF SPRING MEADOWS SUBDIVISION .- A PLANNED UNIT DEVELOPMENT, Spring Meadows Partnership, applicant Marcia Elkins, Long Range Planning and Subdivision Admini- strator , presented the Staff Report (see file #P-8706) recom- mending approval of the subdivision with 16 conditions as outlined in the Staff Report . Ms . Elkins also recommended approval of a variance to the maximum length of a permanent cul-de-sac for the extension of Spring Meadows Drive. Tom Hildner asked if the entire subdivision was in the 100 year floodplain. Ms. Elkins pointed out the delineated floodplain on the map noting that the southwest corner of the subdivision was in the floodplain . She also noted that it is permissible to build in the 100 year floodplain if the finished floor is located two feet above the elevation of a 100 year flood and a floodplain development permit is required . Ray White asked why the Staff was requiring that the developer be required to submit a waiver of protest to the creation of S . I .D. 's for 3 . 8 percent of the cost of the improvements to the intersection of Kagy Boulevard and South Third Avenue, and how they arrived at that number . Marcia Elkins replied that the impact analysis provided by the developer showed that this development would contribute 3 . 8 percent of the traffic at that intersection at the year 2000. She added that the Board has recommended in the past that the developer mitigate off-site impacts , and the waiver of pro- test to an S . I .D. for these improvements would achieve this. Ray White noted that other arterial improvements are being made in this area that will alleviate pressure on this inter- section. Marcia Elkins stated that the impact analysis took these improvements into account during the computation of estimated traffic. Bill Myers expressed concern over the availability of an ade- quate water supply. Marcia Elkins replied that this property was annexed by the City and upon that annexation, the City is committed to provide adequate water and sewage. The city' s current annexation policy requires developers to provide water rights to the city before annexation, which will help insure water for the future. Steve Custer questioned the naming of Graf Street, as it will run both east/west and north/south with the improvements for this development. Marcia Elkins stated this was a concern with the Staff, as well as the naming of Spring Meadows Drive as that street aligns with Fairway Drive. She noted that both Zoning Commission/Planning Board - April 28 , 1987 - Page 4 Fairway Drive and Spring Meadows Drive are cul-de-sacs and both are privately owned. Because they are privately owned it is not required that the streets connect. The naming of the streets was discussed with the City Engineer and Fire Marshall who had no objections. There was discussion regarding the realignment of Flat Creek with Marcia Elkins explaining that the realignment had to be approved by the adjoining property owner , and if that property owner did not agree to the realignment, the subdivi- sion would be returned to the Planning Board for further review. The right-of-way for Graf Street was discussed, with Steve Custer questioning why there is a 60 foot right-of-way ease- ment on the western most part of the street and a 65 foot easement to the east. Marcia Elkins explained that the existing Graf Street to the west is a 60 foot easement and the City Engineer and Public Works Director felt that parking could be limited on this section of the street and the ease- ment could gradually expand to the 65 foot right-of-way at the eastern end of the street. John Miller , representing Spring Meadows Partnership, gave a brief background on the idea of this type of subdivision which would provide an exclusive area for quality homes . He noted that most of the individual lot landscaping would be done by the developer which will insure that the landscaping will comply with the Development Guidelines. Buffering is proposed around the trail and along many of the lot lines. He noted that the linear trail was widened to 80 feet to eliminate a narrow corridor . Mr . Miller noted that he has gone beyond Restrictive Coven- ants by providing Developmental Guidelines which specify architectural design, building materials and require the sub- mittal of landscaping and irrigation plans which must be approved . Mr . Miller concluded by stating that this will be an exclusive subdivision unlike any other in Bozeman, and that additional buffering and parkland is being provided to insure the privacy of not only this subdivision, but also of adjoining property owners. Nick Fullerton , architect for the project, briefly reviewed the proposed buffering for the development noting that land- scaping is proposed to help buffer homes which set on the hill . He noted that a retirement home is proposed on one of the lots and he will review the landscaping for that develop- ment during the next hearing for the PUD. Paul Kinshella, Sanderson/Stewart/Gaston Engineering , Inc. explained that the lots have been staggered to break up the lot lines. The park requirements have been exceeded with special consideration given to the expansion of the linear park . To answer a concern expressed about the 60 foot right- zoning Commission/Planning Board - April 28 , 1987 - Page 5 of-way for Graf Street, Mr . Kinshella explained that the developer does not have the land to give a 65 foot easement on the western end of the street and they will work with the City Engineer to gradually widen the right-of-way to his standards. Mr . Kinshella briefly explained the traffic projections and noted that the level of service will not change with the additional traffic projected for this subdivision. He stated they will meet the requirements of the flood fringe. In regard to the renaming of Graf Street as it runs south, he noted that he discussed this with the City Engineer, and the developer has no preference in this matter . Mr . Kinshella added that they thought it would be confusing to name Spring Meadows Drive the same as Fairway Drive as they are both cul- de-sacs and not a through street. Ray White suggested call- ing the east/west portion of Graf Street "Graf Street" and the north/south portion "Graf Avenue" . Ray White asked Mr . Kinshella if there was a concern with access onto the golf course from the individual lots. Mr. Kinshella replied that this was discussed and restrictions will be placed in the covenants to prevent this. John Miller added that he has met with the golf course and they have expressed concern. He noted that the restriction of access in the covenants and vegetation buffering will help alleviate the problem. To answer a question by Mr . White, Mr . Kinshella stated that the traffic projections estimate that this subdivision will add 3 .8 percent of the traffic estimated at the year 2000 . Other future developments will contribute the other percent- ages . The traffic volume was developed by Clete Daily when he did the Bozeman Transportation Study. Mr . Kinshella felt that a turn signal would be needed in the future at the intersection, and that eventually turning islands and addi- tional lanes or some type of realignment would be required . John Miller explained that he has worked with the golf course, SCS and Fish, Wildlife and Parks regarding the realignment of Flat Creek. He has agreed to move it and build it to their specifications so it could support fish. It will not interfere with the golf course. He added that the adjoining property owner , Don Weaver , agrees with the alignment as well . In response to the discussion regarding connecting Spring Meadows Drive and Fairway Drive, Mr . Miller stated that neither he nor Mr . Weaver wanted the streets to be a connecting through street. PUBLIC portion of the hearing was then opened. Henry Gardiner , 16 East Graf Street , stated that he owns property on both sides of Graf Street and asked if sidewalks are proposed for Graf Street. Dennis Foreman, SS&G Engineer- ing, replied that sidewalks will be installed on both sides Zoning Commission/Planning Board - April 28 , 1987 - Page 6 of Graf Street. Mr . Gardiner asked if S. I .D. ' s are proposed. Marcia Elkins stated that the applicant has several options regarding improvements, one of which is private funding. The second is to request an S. I .D . through the City Commission which would be done at a separate hearing after the subdivi- sion is approved . Mr . Gardiner expressed concern that the taxpayers may end up paying for the improvements similar to what has happened in the Valley Unit Subdivision, and in principal , stated he was opposed to S. I .D. ' s. G. C. Waite, 2412 Spring Creek Drive, asked what would keep the emergency access from being made into a through road, and where the street runoff water would drain . Marcia Elkins explained that the subdivision is being reviewed as designed , with the cul-de-sac road , and upon approval of this design, no changes in the road system can be made unless further approval is granted by the Board . In reply to the question regarding storm water , Ms. Elkins noted that this issue would be reviewed when individual lots are developed . Brian Rogers, 2910 Colter Avenue, stated that the Fish, Wild- life and Parks were concerned with the location of the storm retention ponds and the dumping of the retention water into Matthew Bird Spring Creek as it may be detrimental to fish habitat, and asked how those concerns would be addressed . Marcia Elkins replied that the proposed system will have an oil separator to address that concern, but the main concern is of people dumping toxic wastes into the stream. She noted that a public awareness effort would help alleviate this concern. Dr . Rogers also expressed a concern over the detrimental effect this subdivision would have on the waterfowl that nest in the wetlands of this property. He then questioned whether the proposed size of the lots would achieve the developer ' s intent of an exclusive development, noting that the lots are between 8 ,000 and 9, 000 square feet. He stated there was a golden opportunity to provide nice homes along the golf course with the development of this subdivision, and he would like to see a more quality project with larger lots and fewer homes . Mary Etta Parkinson, 104 Graf Street, expressed concerns regarding the intersection, the increase of traffic, having only one access onto Graf Street, and the six percent grade of Graf Street siting potential problems during the winter . She also expressed concern regarding the floodplain and high water table, saying she disagreed with the statistics and Engineers regarding these issues . Mrs. Parkinson stated that people may not be aware of these issues when they move into the subdivision. She commended the developer for his exten- sion of the linear park. Steve Custer stated that the grade does meet city standards and the water issue has been addressed on the plat with the zoning Commission/Planning Board - April 28 , 1987 - Page 7 standard warning required, and noted that there are techni- ques available to allow building in high groundwater areas. Jerry McNally, 102 Graf Street, questioned the length of the cul-de-sac proposed for Spring Meadows Drive stating it would be easier for residents to have a through street. He also asked if the Staff has addressed the logical traffic flow when approving this design. Mr . McNally stated he was con- cerned with allowing a retirement home in the floodplain, with Steve Custer noting that this issue would be heard in the following hearing. He commended the developer for the work he proposes to Graf Street, but questioned putting the additional traffic onto Graf Street . Frank Armbrecht, 9748 Cougar Drive, stated he was in favor of this development, the site is impressive with the nice views, privacy and exclusiveness proposed . He also noted the development would add several million dollars to the tax base of Bozeman. Tom Fulton, 104 Heritage Drive, asked what development plans are proposed for the property to the south of the project and questioned the traffic flow after that property is developed . Marcia Elkins replied that the Bozeman Area Master Plan designates Graf Street as a collector going to Goldenstein Lane, and the estimated generated traffic from this subdivi- sion is under what is proposed to occur . She also noted that future developments in this area would be required to have another access in addition to an access onto Graf Street . She then reviewed future road developments in this area noting that there are several possible connections proposed . Ray White added that Goldenstein Lane will be extended to South 19th Avenue and should be completed this fall or spring , which will relieve pressure on South Third. Barbara Lions, 205 Graf Street, stated that the South Third/ Kagy intersection is dangerous and it is difficult to make a left turn onto Graf Street. She also noted that cars fail to stop at the Wagon Wheel Road intersection and the addition of traffic will create a more dangerous situation . Robert Lee, 2101 Fairway Drive, representing Don Weaver who owns the property to the north, stated that when Westridge Subdivision was developed in 1980 , the sewer was extended to handle all sewerage from the annexed Graf property to Golden- stein. The water line comes from Kagy Boulevard, and this project would loop the water line to Westridge which will provide better water pressure for Westridge. Regarding the question of connecting Fairway Drive and Spring Meadows Drive to make a through street, Mr . Lee stated that the City has not had the capability to establish an arterial between South Third and Sourdough mainly because of the golf course. He noted that Fairway Drive ended 800 feet from the Zoning Commission/Planning Board - April 28 , 1987 - Page 8 south property line, and the developer has explored putting the street through, but the landowners don' t want this to happen as it would cost a great deal , approximately $150 per linear foot, to improve the road to city standards. Mr . Lee stated that Westridge Subdivision has a pond with a pumping reservoir which Flat Creek feeds and any additional draining into Flat Creek would be a benefit to them to help them meet their irrigation demands. He noted that at present Flat Creek does not flow and has no fish and by late July and August, is practically dried out. Mr . Lee stated that Flat Creek was the original channel for East Spring Creek which now goes through the golf course, and because it is fed by groundwater it weeds up and turns into swamp. Increased water flow would help alleviate this problem. Mr . Lee stated he appreciated the efforts of the developer regarding the development of Sourdough Trail , noting that he has been involved for ten years in trying to get the Trail through. Kris Rogers, 2910 Colter Avenue, expressed concern regarding the impact on South Third, stating it was an unsafe for pedestrians because there are no sidewalks . She stated the Board should not allow any further subdivision in the area until improvements are made to South Third . Marcia Elkins replied that the traffic assessment provided does not show a level of service change for South Third . She noted that Clair Daines was required to help finance side- walks on South Third when Westfield Subdivision was approved . Steve Custer added that the connection from Goldenstein to 19th will help alleviate some of the traffic from South Third. Ken Weaver , 100 Heritage Drive, expressed concern regarding groundwater and agreed with Mrs . Roger ' s statements referring to South Third as a potentially dangerous street noting that there is not enough room for children and bike riders , and that the off-site impacts addressed through the waivers of S. I .D. ' s for Westfield are not sufficient to address the cur- rent problems. Mr. Weaver stated that the Southside Transportation Plan recognizes that the extension of Kagy to South 19th and South Third to South llth will provide traffic relief. He added that the Allison Annexation was tied to the transportation plan. He asked that the Board consider what impact on trans- portation this subdivision will cause. Mike Callahan, 2826 Colter , stated he opposes this subdivi- sion until the South Third extension is completed . He stated he was concerned about the safety of the people who live in the area because of South Third and suggested that the Board look to the future before approving this development. Zoning Commission/Planning Board - April 28 , 1987 - Page 9 Tom Fulton, 104 Heritage Drive, asked what was proposed for Block 1 of the subdivision. Steve Custer stated that this is not an issue for this Board , but will be heard at the next hearing : He added that it would be possible to put 75 units in through the PUD process if the proposed PUD falls through . Tom Fulton asked if low income housing would be allowed. Ray White replied that that is possible, but that this Board does not address that issue. Tom Fulton asked the Board to con- sider the whole area and not just this section of land during their review. PUBLIC portion of the hearing was closed due to no further com- ments from the public. Tom Hildner asked if there are other developments within the City of Bozeman which are built in the floodplain. Marcia Elkins replied that there were. He added that the warning note on the plat regarding the high water table became a consumer warning . Ray White stated that South Third is undesirable and growth is going south and west. He added that the Master Plan has a poor transportation plan because of budget restraints. He added that the government has a responsibility to fix South Third noting that the County fixes road when the repair is necessary, but because South Third is part County and part City, it must be a joint effort . Steve Lere stated that a retreat is scheduled for May 16 with the Technical Advisory Committee to discuss with members of the local governments options of funding road improvement other than with federal money. He added that road repair is a major problem, and with the County' s plans to improve Kagy to Bozeman Trail this summer , traffic will increase at the Willson/Third/Kagy intersection. The extension of Kagy to 19th and llth to Third would alleviate some of the congestion and this project is rated number two for federal funding; however , it is not scheduled to begin until 1997 . Steve Custer added that two meetings will be held on April 29 and 30 to discuss these priorities at City Hall and the public is invited to attend . Bill Myers comments that the groundwater survey was done in March instead of during May and June when groundwater is prevelant which indicated that there may be more groundwater than what the survey revealed. There was Board discussion regarding the availability of water , noting that water rationing would probably be implemented again this year , and stressing that even though the city is committed to provide water for this area because it is annexed, doesn' t mean that adequate water is available. Tom Hildner asked if the traffic studies met all legal requirements. Marcia Eklins replied that one of the eight zoning Commission/Planning Board - April 28 , 1987 - Page 10 criteria used for reviewing subdivision is the impact on local services. The waiver of protest to the S. I .D. for the intersection is being requested to help alleviate some of the impact. The Staff did not recommend any other S . I .D. parti- cipation because the traffic count indicates this subdivision will not change the service level . However , the Board can place this type of restriction on the developer if it deems. necessary. Steve Lere added that the Governing Body can request off-site improvements to property not adjoining a development if it is shown that the development will cause an off-site impact. Bill Myers raised some concern regarding Flat Creek, and Marcia Elkins replied that the relocation of the creek would help dry out the lot areas. She noted that Don Weaver has the water rights for Flat Creek and that the water does not flow into a live stream. MOTION made by Ray White, seconded by Bill Wright that the Planning Board recommend approval of the- preliminary plat for Spring Meadows Subdivision with the 16 conditions as outlined in the Staff Report. There was discussion regarding the inclusion of approving the variance for the extension of the cul-de-sac in the motion with Marcia Elkins stating that the design of the subdivision, is based on the variance being granted . Ray White requested that this be a second motion and not be included in his original motion. FOR: Ray White, Bill Wright, Tom Hildner , Bill Myers AGAINST: Steve Custer MOTION made by Ray White that the Planning Board recommend denial of a variance to extend the required cul-de-sac length. The motion died for lack of a second . MOTION made by Bill Wright, seconded by Tom Hildner to recommend approval of the variance to extend the maximum length of the cul-de-sac. FOR: Bill Wright, Tom Hildner , Bill Myers ,' Steve Custer AGAINST: Ray White . This item will be considered by the City Commission on May 4 , 1987 at 7 : 00 p.m. There being no further business before the Bozeman City- County Planning Board , Bill Myers made a motion, seconded by Ray White to adjourn and turn the meeting back over to the City Zoning Commission. The motion passed unanimously. Zoning Commission/Planning Board - April 28 , 1987 - Page 11 1 Qn_ _ opp' o v a�c ccr_� •�t,��bca�i li�r sc�-!� — __ . Q Q 77 a • 6r7 aclu)a -naIL (4T2d .mac uzd o /g cLoA.CoJltl--� n.v -POAl,--' 0/nd W&,Ced LPU.cVCte "&-5t �O ptanavri 4sold 12eakJ-&M AL P- F706 coo.sloe eol wt-e AGcnCat- V/kL wu -Pto p9-aka' 4o Abe L/nx, ikp jk- .e haw ►ie&orn app'-Ot" r� eCo mn� @C C�jQD cJl,� ed Q UQiI,(ll�nCQ a u'aw -#v i t - s� �aBOZEMAN•��`�� t�cxn��ounrrr.;�-� NOTICE OF PUBLIC HEARING PRELIMINARY SUBDIVISION PLAT REVIEW NOTICE IS HEREBY GIVEN of a public hearing before the Bozeman City-County Planning Board on Tuesday, April 28 , 1987 , at 7 :00 p.m. in the Meeting Room, Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana, pursuant to the requirements of the Bozeman Area Subdivision Regulations. The purpose of the public hearing is to consider the Preliminary Plat application for the Spring Meadow Subdivision located in a portion of the Northwest Quarter of Section 19 , Township 2 South, Range 6 East, M.P.M. , City of Bozeman , Gallatin County, Montana. It is more generally described as a portion of the unplatted Northwest Quarter of Section 19 , Township 2 South, Range 6 East, M.P.M. and Certificate of Survey No . 819A and is located east and south of Graf Park. The property owners, Spring Meadow Partnership, is proposing the development of a 27 lot Planned Unit Development subdivision on a 18 .6 acre site. Oral and written testimony regarding the application will be received at that time. Maps and related data regarding the area under consideration may be reviewed in the offices of the Bozeman City-County Planning Staff, 35 North Bozeman Avenue, Bozeman, Montana . (Publish - Display Ad -April 13 , 1987) MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, h4ONTANA May 26, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 26, 1987, at 2:00 p.m. Present were Mayor Mathre, Com- missioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Jordan was absent. The meeting was opened with the fledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the minutes of their regular meeting of May 18, 1987, be approved as amended. The motion carried by the following Aye and No vote: those voting Ave being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Absence of Commissioner Jordan from this meeting It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that Commissioner Jordan be excused from this meeting in compliance with Section 7-3-4322(2) , M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. Decision - Preliminary Plat Review - Spring Meadows Subdivision - Spring Meadows Part- nership - 18.6-acre tract located in-the-NV96T- ection '1_§ and M�0. 81� located in the NW4 of Section 19, T2S, RE, MPM east of East raf Park, south of Westridge Mead- ows P D and west of Valley View GolT7ourse This was the time and place set for the decision on the preliminary plat for Spring Meadows Subdivision as submitted by Spring Meadows Partnership for a 18.6-acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South , Range 6 East, Montana Principal Meridian. This site is more commonly known as being located east of East Graf Park, south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course. City Manager Wysocki reminded the Commission that they had tabled the decisions on the preliminary plat and the Conditional Use Permit requested for Spring Meadows 05--26-87 u Subdivision so that a full Commission would be present. lie then noted that Commissioner Jordan is absent from this meeting and suggested that the Commission may wish to table the decisions for a period of one week so that the entire Commission is present during these decision-making processes to remain consistent with last week's action. Long Range Planner/Subdivision Administrator Marcia Elkins stated that next week's meeting falls within the statutory sixty-day limit from date of application until action is completed; however, that time limit expires before the. next Commission meeting. Commissioner Stiff stated he feels the Commission is honor bound to table action until all of the Commissioners are present, since they had previously tabled the decision for that same reason, lie then expressed concern about delaying a decision after the public hearing has been closed because citizens attempt to provide additional input, al= though the Commissioners cannot accept that information. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that action on the preliminary plat requested for Spring Meadows Subdivision be tabled until next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull , Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. yant Null, Martel. • Decision r Preliminary-Plat Reviews Spring, Meado�ys_Subd_ivisior� : Spring Meadows Part- nership -`18.6-acre tract locatedin t e VV� ion�FSect nd COSNo. 819 locatedin the of Section 19, T2S, R6E, 9-MA-7-east of East Graf Park, south of Westridge Mead- ows PUD and-west._of_ .a I ley_View GolfCourse) Decision -L onditional se Permii print' Teadows Partnerships- allow the development of Spring Meadows Subdivision, a residential planned unit development utilizing develop- mental guidelines, including single-family, multi-_family, congregate and retirement care dwelling units same site as above item This was the time and place set for the decision on the preliminary plat for Spring Meadows Subdivision as submitted by Spring Meadows Partnership for a 18.6-acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly known as being located east of East Graf Park, south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course. Q5-18-87 4 This was also the time and place set for the decision on the Conditional Use Permit requested by Spring Meadows Partnership to allow the development of Spring Meadows Subdivision, a residential planned unit development utilizing developmental guidelines, in- cluding single-family, multi-family , congregate and retirement care dwelling units. This subdivision consists of a 18.6-acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located .in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more com- monly known as being located east of East Graf Park , south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course. City Manager Wysocki reminded the Commission that they had tabled the decisions on the preliminary plat and the Conditional Use Permit requested for Spring Meadows Subdivision so that a full Commission would be present. He then noted that Commissioner Jordan is absent from this meeting and recommended that the decisions be tabled for a period of one week so that the entire Commission is present during these decision-making processes. It was moved by Commissioner Stiff, seconded by Commissioner Martel , that action on the preliminary plat and the Conditional Use permit requested for Spring Meadows Subdivision be tabled for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commis- sioner Vant Hull and Mayor Mathre; those voting No, none. Chairman Rupp announced that a quorum of the Planning Board was present and turned the Chair over to Planning Board Chairman Steve Custer . 'kL EM 3: PLANNING BOARD --,PLANNING APPLICATION #P-87064 AN . APPLICATION FOR PRELIMINARY PLAT APPROVAL OF SPRING MEADOWS - SUBDIVISION - A PLANNED UNIT DEVELOPMENT, Spring Meadows Partnership, applicant Marcia Elkins, Long Range Planning and Subdivision Admini- strator , presented the Staff Report (see file #P-8706) recom- mending approval of the subdivision with 16 conditions as outlined in the Staff Report . Ms. Elkins also recommended approval of a variance to the maximum length of a permanent cul-de-sac for the extension of Spring Meadows Drive. Tom Hildner asked if the entire subdivision was in the 100 year floodplain. Ms. Elkins pointed out the delineated floodplain on the map noting that the southwest corner of the subdivision was in the floodplain . She also noted that it is permissible to build in the 100 year floodplain if the finished floor is located two feet above the elevation of a 100 year flood and a floodplain development permit is required . Ray White asked why the Staff was requiring that the developer be required to submit a waiver of protest to the creation of S . I .D. ' s for 3 . 8 percent of the cost of the improvements to the intersection of Kagy Boulevard and South Third Avenue, and how they arrived at that number . Marcia Elkins replied that the impact analysis provided by the developer showed that this development would contribute 3 . 8 percent of the traffic at that intersection at the year 2000. She added that the Board has recommended in the past that the developer mitigate off-site impacts , and the waiver of pro- test to an S . I .D. for these improvements would achieve this . Ray White noted that other arterial improvements are being made in this area that will alleviate pressure on this inter- section. Marcia Elkins stated that the impact analysis took these improvements into account during the computation of estimated traffic. Bill Myers expressed concern over the availability of an ade- quate water supply. Marcia Elkins replied that this property was annexed by the City and upon that annexation, the City is committed to provide adequate water and sewage. The city' s current annexation policy requires developers to provide water rights to the city before annexation, which will help insure water for the future. Steve Custer questioned the naming of Graf Street, as it will run both east/west and north/south with the improvements for this development. Marcia Elkins stated this was a concern with the Staff, as well as the naming of Spring Meadows Drive as that street aligns with Fairway Drive. She noted that both Zoning Commission/Planning Board - April 28 , 1987 - Page 4 Fairway Drive and Spring Meadows Drive are cul-de-sacs and both are privately owned. Because they are privately owned it is not required that the streets connect. The naming of the streets was discussed with the City Engineer and Fire Marshall who had no objections. There was discussion regarding the realignment of Flat Creek with Marcia Elkins explaining that the realignment had to be approved by the adjoining property owner , and if that property owner did not agree to the realignment, the subdivi- sion would be returned to the Planning Board for further review. The right-of-way for Graf Street was discussed, with Steve Custer questioning why there is a 60 foot right-of-way ease- ment on the western most part of the street and a 65 foot easement to the east. Marcia Elkins explained that the existing Graf Street to the west is a 60 foot easement and the City Engineer and Public Works Director felt that parking could be limited on this section of the street and the ease- ment could gradually expand to the 65 foot right-of-way at the eastern end of the street. John Miller , representing Spring Meadows Partnership, gave a brief background on the idea of this type of subdivision which would provide an exclusive area for quality homes. He noted that most of the individual lot landscaping would be done by the developer which will insure that the landscaping will comply with the Development Guidelines. Buffering is proposed around the trail and along many of the lot lines. He noted that the linear trail was widened to 80 feet to eliminate a narrow corridor . Mr . Miller noted that he has gone beyond Restrictive Coven- ants by providing Developmental Guidelines which specify architectural design, building materials and require the sub- mittal of landscaping and irrigation plans which must be approved . Mr . Miller concluded by stating that this will be an exclusive subdivision unlike any other in Bozeman, and that additional buffering and parkland is being provided to insure the privacy of not only this subdivision, but also of adjoining property owners . Nick Fullerton, architect for the project, briefly reviewed the proposed buffering for the development noting that land- scaping is proposed to help buffer homes which set on the hill . He noted that a retirement home is proposed on one of the lots and he will review the landscaping for that develop- ment during the next hearing for the PUD. Paul Kinshella, Sanderson/Stewart/Gaston Engineering , Inc. explained that the lots have been staggered to break up the lot lines . The park requirements have been exceeded with special consideration given to the expansion of the linear park. To answer a concern expressed about the 60 foot right- Zoning Commission/Planning Board - April 28 , 1987 - Page 5 • • of-way for Graf Street, Mr . Kinshella explained that the developer does not have the land to give a 65 foot easement on the western end of the street and they will work with the City Engineer to gradually widen the right-of-way to his standards . Mr . Kinshella briefly explained the traffic projections and noted that the level of service will not change with the additional traffic projected for this subdivision. He stated they will meet the requirements of the flood fringe. In regard to the renaming of Graf Street as it runs south, he noted that he discussed this with the City Engineer, and the developer has no preference in this matter . Mr . Kinshella added that they thought it would be confusing to name Spring Meadows Drive the same as Fairway Drive as they are both cul- de-sacs and not a through street. Ray White suggested call- ing the east/west portion of Graf Street "Graf Street" and the north/south portion "Graf Avenue" . Ray White asked Mr . Kinshella if there was a concern with access onto the golf course from the individual lots. Mr. Kinshella replied that this was discussed and restrictions will be placed in the covenants to prevent this. John Miller added that he has met with the golf course and they have expressed concern. He noted that the restriction of access in the covenants and vegetation buffering will help alleviate the problem. To answer a question by Mr . White, Mr . Kinshella stated that the traffic projections estimate that this subdivision will add 3 .8 percent of the traffic estimated at the year 2000 . Other future developments will contribute the other percent- ages. The traffic volume was developed by Clete Daily when he did the Bozeman Transportation Study. Mr . Kinshella felt that a turn signal would be needed in the future at the intersection, and that eventually turning islands and addi- tional lanes or some type of realignment would be required . John Miller explained that he has worked with the golf course, SCS and Fish, Wildlife and Parks regarding the realignment of Flat Creek. He has agreed to move it and build it to their specifications so it could support fish. It will not interfere with the golf course. He added that the adjoining property owner , Don Weaver , agrees with the alignment as well . In response to the discussion regarding connecting Spring Meadows Drive and Fairway Drive, Mr . Miller stated that neither he nor Mr . Weaver wanted the streets to be a connecting through street. PUBLIC portion of the hearing was then opened. Henry Gardiner , 16 East Graf Street, stated that he owns property on both sides of Graf Street and asked if sidewalks are proposed for Graf Street. Dennis Foreman, SS&G Engineer- ing , replied that sidewalks will be installed on both sides zoning Commission/Planning Board - April 28 , 1987 - Page 6 • • • of Graf Street. Mr . Gardiner asked if S. I .D. ' s are proposed. Marcia Elkins stated that the applicant has several options regarding improvements, one of which is private funding. The second is to request an S .I .D . through the City Commission which would be done at a separate hearing after the subdivi- sion is approved . Mr . Gardiner expressed concern that the taxpayers may end up paying for the improvements similar to what has happened in the Valley Unit Subdivision, and in principal , stated he was opposed to S . I .D. ' s. G. C. Waite, 2412 Spring Creek Drive, asked what would keep the emergency access from being made into a through road, and where the street runoff water would drain. Marcia Elkins explained that the subdivision is being reviewed as designed, with the cul-de-sac road, and upon approval of this design, no changes in the road system can be made unless further approval is granted by the Board . In reply to the question regarding storm water , Ms . Elkins noted that this issue would be reviewed when individual lots are developed . Brian Rogers, 2910 Colter Avenue, stated that the Fish, Wild- life and Parks were concerned with the location of the storm retention ponds and the dumping of the retention water into Matthew Bird Spring Creek as it may be detrimental to fish habitat, and asked how those concerns would be addressed. Marcia Elkins replied that the proposed system will have an oil separator to address that concern, but the main concern is of people dumping toxic wastes into the stream. She noted that a public awareness effort would help alleviate this concern. Dr . Rogers also expressed a concern over the detrimental effect this subdivision would have on the waterfowl that nest in the wetlands of this property. He then questioned whether the proposed size of the lots would achieve the developer ' s intent of an exclusive development, noting that the lots are between 8 ,000 and 9 , 000 square feet. He stated there was a golden opportunity to provide nice homes along the golf course with the development of this subdivision, and he would like to see a more quality project with larger lots and fewer homes. Mary Etta Parkinson, 104 Graf Street, expressed concerns regarding the intersection, the increase of traffic, having only one access onto Graf Street, and the six percent grade of Graf Street siting potential problems during the winter . She also expressed concern regarding the floodplain and high water table, saying she disagreed with the statistics and Engineers regarding these issues . Mrs . Parkinson stated that people may not be aware of these issues when they move into the subdivision . She commended the developer for his exten- sion of the linear park. Steve Custer stated that the grade does meet city standards and the water issue has been addressed on the plat with the Zoning Commission/Planning Board - April 28 , 1987 - Page 7 standard warning required, and noted that there are techni- ques available to allow building in high groundwater areas. Jerry McNally, 102 Graf Street, questioned the length of the cul-de-sac proposed for Spring Meadows Drive stating it would be easier for residents to have a through street. He also asked if the Staff has addressed the logical traffic flow when approving this design. Mr . McNally stated he was con- cerned with allowing a retirement home in the floodplain, with Steve Custer noting that this issue would be heard in the following hearing. He commended the developer for the work he proposes to Graf Street, but questioned putting the additional traffic onto Graf Street. Frank Armbrecht, 9748 Cougar Drive, stated he was in favor of this development, the site is impressive with the nice views, privacy and exclusiveness proposed . He also noted the development would add several million dollars to the tax base of Bozeman. Tom Fulton, 104 Heritage Drive, asked what development plans are proposed for the property to the south of the project and questioned the traffic flow after that property is developed . Marcia Elkins replied that the Bozeman Area Master Plan designates Graf Street as a collector going to Goldenstein Lane, and the estimated generated traffic from this subdivi- sion is under what is proposed to occur . She also noted that future developments in this area would be required to have another access in addition to an access onto Graf Street. She then reviewed future road developments in this area noting that there are several possible connections proposed . Ray White added that Goldenstein Lane will be extended to South 19th Avenue and should be completed this fall or spring, which will relieve pressure on South Third. Barbara Lions, 205 Graf Street, stated that the South Third/ Kagy intersection is dangerous and it is difficult to make a left turn onto Graf Street. She also noted that cars fail to stop at the Wagon Wheel Road intersection and the addition of traffic will create a more dangerous situation. Robert Lee, 2101 Fairway Drive, representing Don Weaver who owns the property to the north, stated that when Westridge Subdivision was developed in 1980 , the sewer was extended to handle all sewerage from the annexed Graf property to Golden- stein. The water line comes from Kagy Boulevard, and this project would loop the water line to Westridge which will provide better water pressure for Westridge. Regarding the question of connecting Fairway Drive and Spring Meadows Drive to make a through street, Mr . Lee stated that the City has not had the capability to establish an arterial between South Third and Sourdough mainly because of the golf course . He noted that Fairway Drive ended 800 feet from the Zoning Commission/Planning Board - April 28 , 1987 - Page 8 o • • south property line, and the developer has explored putting the street through, but the landowners don' t want this to happen as it would cost a great deal , approximately $150 per linear foot, to improve the road to city standards . Mr . Lee stated that Westridge Subdivision has a pond with a pumping reservoir which Flat Creek feeds and any additional draining into Flat Creek would be a benefit to them to help them meet their irrigation demands. He noted that at present Flat Creek does not flow and has no fish and by late July and August, is practically dried out. Mr . Lee stated that Flat Creek was the original channel for East Spring Creek which now goes through the golf course, and because it is fed by groundwater it weeds up and turns into swamp. Increased water flow would help alleviate this problem. Mr . Lee stated he appreciated the efforts of the developer regarding the development of Sourdough Trail , noting that he has been involved for ten years in trying to get the Trail through. Kris Rogers , 2910 Colter Avenue, expressed concern regarding the impact on South Third, stating it was an unsafe for pedestrians because there are no sidewalks . She stated the Board should not allow any further subdivision in the area until improvements are made to South Third . Marcia Elkins replied that the traffic assessment provided does not show a level of service change for South Third . She noted that Clair Daines was required to help finance side- walks on South Third when Westfield Subdivision was approved . Steve Custer added that the connection from Goldenstein to 19th will help alleviate some of the traffic from South Third. Ken Weaver , 100 Heritage Drive, expressed concern regarding groundwater and agreed with Mrs. Roger ' s statements referring to South Third as a potentially dangerous street noting that there is not enough room for children and bike riders, and that the off-site impacts addressed through the waivers of S. I .D. ' s for Westfield are not sufficient to address the cur- rent problems. Mr. Weaver stated that the Southside Transportation Plan recognizes that the extension of Kagy to South 19th and South Third to South llth will provide traffic relief . He added that the Allison Annexation was tied to the transportation plan. He asked that the Board consider what impact on trans- portation this subdivision will cause. Mike Callahan, 2826 Colter , stated he opposes this subdivi- sion until the South Third extension is completed. He stated he was concerned about the safety of the people who live in the area because of South Third and suggested that the Board look to the future before approving this development . Zoning Commission/Planning Board - April 28 , 1987 - Page 9 Tom Fulton, 104 Heritage Drive, asked what was proposed for Block 1 of the subdivision. Steve Custer stated that this is not an issue for this Board , but will be heard at the next hearing . He added that it would be possible to put 75 units in through the PUD process if the proposed PUD falls through. Tom Fulton asked if low income housing would be allowed. Ray White replied that that is possible, but that this Board does not address that issue. Tom Fulton asked the Board to con- sider the whole area and not just this section of land during their review. PUBLIC portion of the hearing was closed due to no further com- ments from the public. Tom Hildner asked if there are other developments within the City of Bozeman which are built in the floodplain. Marcia Elkins replied that there were. He added that the warning note on the plat regarding the high water table became a consumer warning . Ray White stated that South Third is undesirable and growth is going south and west. He added that the Master Plan has a poor transportation plan because of budget restraints. He added that the government has a responsibility to fix South Third noting that the County fixes road when the repair is necessary, but because South Third is part County and part City, it must be a joint effort. Steve Lere stated that a retreat is scheduled for May 16 with the Technical Advisory Committee to discuss with members of the local governments options of funding road improvement other than with federal money. He added that road repair is a major problem, and with the County' s plans to improve Kagy to Bozeman Trail this summer , traffic will increase at the Willson/Third/Kagy intersection. The extension of Kagy to 19th and llth to Third would alleviate some of the congestion and this project is rated number two for federal funding; however , it is not scheduled to begin until 1997 . Steve Custer added that two meetings will be held on April 29 and 30 to discuss these priorities at City Hall and the public is invited to attend . Bill Myers comments that the groundwater survey was done in March instead of during May and June when groundwater is prevelant which indicated that there may be more groundwater than what the survey revealed. There was Board discussion regarding the availability of water , noting that water rationing would probably be implemented again this year , and stressing that even though the city is committed to provide water for this area because it is annexed , doesn' t mean that adequate water is available. Tom Hildner asked if the traffic studies met all legal requirements. Marcia Eklins replied that one of the eight Zoning Commission/Planning Board - April 28 , 1987 - Page 10 criteria used for reviewing subdivision is the impact on local services. The waiver of protest to the S. I .D. for the intersection is being requested to help alleviate some of the impact . The Staff did not recommend any other S . I .D. parti- cipation because the traffic count indicates this subdivision will not change the service level . However , the Board can place this type of restriction on the developer if it deems necessary. Steve Lere added that the Governing Body can request off-site improvements to property not adjoining a development if it is shown that the development will cause an off-site impact. Bill Myers raised some concern regarding Flat Creek, and Marcia Elkins replied that the relocation of the creek would help dry out the lot areas. She noted that Don Weaver has the water rights for Flat Creek and that the water does not flow into a live stream. MOTION made by Ray White, seconded by Bill Wright that the Planning Board recommend approval of the preliminary plat for Spring Meadows Subdivision with the 16 conditions as outlined in the Staff Report. There was discussion regarding the inclusion of approving the variance for the extension of the cul-de-sac in the motion with Marcia Elkins stating that the design of the subdivision is based on the variance being granted. Ray White requested that this be a second motion and not be included in his original motion. FOR: Ray White, Bill Wright, Tom Hildner , Bill Myers AGAINST: Steve Custer MOTION made by Ray White that the Planning- Board recommend denial of a variance to extend the required cul-de-sac length. The motion died for lack of a second . MOTION made by Bill Wright, seconded by Tom Hildner to recommend approval of the variance to extend the maximum length of the cul-de-sac. FOR: Bill Wright, Tom Hildner , Bill Myers , Steve Custer AGAINST: Ray White This item will be considered by the City Commission on May 4 , 1987 at 7: 00 p.m. There being no further business before the Bozeman City- County Planning Board, Bill Myers made a motion, seconded by Ray White to adjourn and turn the meeting back over to the City Zoning Commission. The motion passed unanimously. Zoning Commission/Planning Board - April 28 , 1987 - Page 11 1*1qk. ;Break - 8:25 to 8:35 p.m. Mayor Mathre declarefa break from 8:25 p.m. to 8:310.m. , in accordance with Commission policy established at their regular meeting of March 14, 1983. Preliminary-Plat-Review--=.-Spr.ing_Meadows_Subdi.v.ision-z,,Sprin _Meadows partnership 18.6-acre tract located in the NWJ of Section 19 and o. 819A, located in the W of Section 19, T2S, 6 P east of East Graf Park, south of Westridge Meadows PUD and west of a ey View Golf Course) This was the time and place set for the review of the preliminary plat for Spring Meadows Subdivision as submitted by Spring Meadows Partnership for a 18.6-acre tract located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly known as being located east of East Graf Park, south of Westridge Meadows Planned Unit Development, and west of the Valley View Golf Course. Long Range Planning and Subdivision Administrator Marcia Elkins presented the Staff Report. She stated this preliminary plat will create 27 lots on 18.6 acres located east of Graf Park, west of Valley View Golf Course and south of Westridge Meadows Planned Unit Development. She noted that 24 of the lots will be single-family residential lots, and the three remaining lots will be large multi-family lots. The subdivision is to be serviced by two private roads, Spring Meadows Drive and Billion Drive, gaining access through East Graf Street. Both private roads will have cul-de-sacs at the ends, with and emergency access road to be provided across the privately-owned property immediately to the north. Three parcels of parkland are to be dedicated, two located along East Graf Street and one along the Sourdough Trail. The total parkland dedication is 2.57 acres, which exceeds the one-ninth requirements by almost one acre. The Planner stated that under this preliminary plat, Flat Creek is to be relocated to the boundary between the subject property and Valley View Golf Course. She noted that Matthew Bird Spring Creek also traverses the subject property and would be located in one of the large multi-family lots, requiring that flood plain regulations 'be observed during development of that lot. Long Range Planning and Subdivision Administrator Elkins stated that the property is zoned R-2, Residential--single=family, medium-density; and all of the lots within the subdivision meet the minimum lot area requirements. She indicated that sewer service will be provided from the sewer line servicing Westridge Meadows PUD to the north; and the water line will be from the 24-inch main in East Graf Street, crossing the property to 05-04-87 • -19- loop into the existing line in Kagy Boulevard through Westridge Meadows PUD. The Plan- ner then indicated that two storm detention facilities are to be provided, one in the parkland dedication along East Graf Park, draining into Matthew Bird Spring Creek, and one at the northern end of the project, draining into Flat Creek. Long Range Planning and Subdivision Administrator Marcia Elkins stated that the staff reviewed this application, considering the eight public interest criteria, and found this preliminary plat to be in the public interest. She noted that after conducting its public hearing, the City-County Planning Board recommended approval of this application, subject to sixteen conditions. Mr. John Miller, representing Spring Meadows Partnership, stated that the group proposes to develop the subject subdivision as the nicest, most exclusive residential area in Bozeman. He noted that the covenants and developmental guidelines, which are to be considered during the following public hearing, will ensure that one wishing to construct a nice single-family home will have homes of equivalent value surrounding him within the subdivision. Fie stated that with the streets being private and with cul-de-sacs at this time, the only traffic in the subdivision will be to the residences located there. Mr. Miller then stated that the price of the lots includes a credit for landscaping, which will ensure that landscaping will be done promptly. He further noted that land- scaping plans must be submitted to the architectural review committee for approval at the same time as the building plans. He indicated that a substantial amount of buffering will be provided between this subdivision and the park and other adjoining properties to en- sure the privacy of those in the subdivision as well as those on the other properties. Mr. John Miller stated that Flat Creek is to be relocated to the property boundary between the subject parcel and the golf course. He noted that the relocation will be con- structed in a manner that will support fish, which the stream currently does not. Mr. Miller then stated that the parkland dedication has been made in a manner that will even out the boundaries of East Graf Park as well as provide a corridor for a portion of the Sourdough Trail. He noted the trail was a major concern last year, when the proposed parkland exchange failed; and this dedication of parkland would ensure at least that por- tion of the trail would be retained. He noted the area to be dedicated is 80 feet in width, which will provide an area for buffering as well as the trail itself. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc. , stated that the lot lines for the single-family lots within this subdivision have been offset ten to fifteen feet so that the houses will not be directly across the road from each other. He also noted that the lots range from 86 feet to 120 feet in width, which will provide flexibility in the placement of homes on the lots. Mr. Kinshella stated that relocation of Flat Creek 05-04-81, • -20- • will enhance that stream, since it will be upgraded to support brook trout. He noted that will also provide an amenity to the subdivision. Paul Kinshella indicated that Spring Meadow Drive is longer than is allowed for a cul-de-sac street; therefore, they are seeking an exemption to that regulation. He noted that the .developer is to install an emergency access across the property immediately to the north if this subdivision is approved. Mr. Kinshella then stated that the developer has suggested the possibility of seeking a special improvement district to develop East Graf Street to collector standards at this time, rather than developing it to residential standards, then requiring future upgrading. He noted the existing roadway is 60 feet wide; and the developer-will widen the new portion to 65 feet, if a special improvement district is created for that portion of the street improvements which applies to collector streets versus residential streets. He indicated that the master plan shows East. Graf Street as a collector street, connecting with Goldenstein Lane. Commissioner Vant Hull asked what the length of the emergency access would be from the north end of this project to the south end of Fairway Drive, located in the Westridge Meadows Planned Unit Development. Mr. Kinshella stated it is approximately 1200 feet. Commissioner Vant Hull noted that reference was made during the previous public hearing to possible application for a waiver of the 35-foot streambank setback. She then asked which lots would be affected and how much the waiver would be for. Mr. Kinshella stated the waiver would be for the three lots which would border the relocation of Flat Creek. Ile then indicated that the waiver could provide a better build- ing site on those lots; however, it would not be mandatory for development of the lots. Mr. Miller stated the encroachment would not exceed the standard rear yard set- back for zoning district, which is 25 feet. Commissioner Vant Hull then asked if any of the trees to be planted as a buffer between East Graf Park and the subdivision will be located within the park and, if so, if the developer plans to maintain and water them. Mr. Kinshella stated that the trees are to be planted on private lots unless the Park Department would like them to be planted in the park instead. He then indicated that the developer would be willing to water the trees to ensure their growth. Mr. Kinshella then stated that the developer does not want to plant a hedge or install a land- scape type fencing along the entire length of the, back lot lines; however, he does wish to install adequate landscaping to buffer the subdivision as well as identify the location of the lot lines. Commissioner Vant Hull asked if parking is to be prohibited in the cul-de-sac ar- 05-04-87 • -21- • eas so that emergency vehicles have adequate room to maneuver. Planner Elkins suggested the Commission may wish to add a condition requiring that the cul-de-sacs be designated as fire lanes and that they be so signed, which will prohibit on-street parking in those areas. Commissioner Vant Hull then asked about participation in construction of sidewalks along South Third Avenue as a part of this project. Mr. Kinshella stated the developer has indicated he is willing to sign a waiver of protest for the creation of an SID for installation of sidewalks along South Third Avenue. Commissioner Vant Hull asked Mr. Miller if he has considered drilling wells for ir- rigation within this subdivision. Mr. John Miller stated that the engineers are currently working on a design for an irrigation system for the subdivision with the water being supplied through a well system. Mr. Frank Armknecht, 9748 Cougar Drive, stated support for the proposed subdi- vision. He noted at the present time there are very few lots available within the city limits that provide what these would have to offer. Fie further noted. that development of this subdivision would substantially add to the City's tax base. Mr. Don Weaver, 2404 Spring Creek Drive, stated that he has worked with Mr. Miller on a method of preserving the Sourdough Trail. He then indicated support for the proposed subdivision. Dr. Brian Rogers, 2910 Colter Avenue, stated support for the developer's attempt to preserve the Sourdough :Trail but opposition to the proposed subdivision. He stated the subdivision does not meet the basic requirements and should be denied. He then cited two basic concerns, (1 ) that East Graf Street provides the only access to this subdivi- sion, which will create an adverse impact on South Third Avenue, and (2) that a portion of the building sites lies within the flood plain. He noted that the applicant also pro- poses private roads within the subdivision, one of them being an 1100-foot cul-de-sac street. He indicated that allowing a private street in this subdivision will eliminate any possibility of connecting East Graf Street and Kagy Boulevard to eliminate some of the traffic congestion on South Third Avenue. Dr. Rogers then requested that the Commission deny this application until ade- quate traffic studies can be completed. Fie expressed concern that this is only the first development in that area, with subdivisions following closely all the way from East Graf Street to Goldenstein Lane. Fie also requested that the Commission require adequate soils testing, since the subject property is basically swampland and flood plain. 'Mr. Henery Gardiner, 16 East Graf Street, expressed concern that the applicant listed the lots within the requested subdivision with a realtor on Wednesday morning, im- 05-04-87 -22- • mediately following the Tuesday night public hearing before the City-County Planning Board, contingent upon Commission approval . He noted that the Planning staff has iden- tified a need for additional single-family residential lots within the city limits; however, he noted there are currently many lots for sale and many homes for sale or rent. Mr. Gardiner stated that the retirement home facility might be needed in the community; how- ever, he expressed concern that it is to be constructed in a swamp. He then indicated opposition to the creation of any special improvement districts for East Graf Street, since he owns substantial frontage along both sides of that street. Mr. Joe Armijo, 7690 Fowler Lane, showed an overhead picture of the area under consideration. He noted that South Third Avenue is substandard, as is much of Sour- dough Road. Mr. Armijo then suggested that the City consider building an attractive north/south parkway-type street from Goldenstein Lane to Kagy Boulevard to alleviate problems which could be caused by future development of the area. Mr. Jerry McNally, 102 West Graf Street, stated the City should require a public roadway through the subdivision rather than allowing a private road. He noted, howev- er, that with the proposed 34-foot-wide roadway, the lots are only 89 feet deep. Mr. McNally suggested that the Commission require a public road for this subdivision, which would allow the possibility of requiring a public road through any development on the property immediately to the north. He then noted that the subject area currently has cattails on it, showing that the area is rather swampy. He also expressed concern that Matthew Bird Spring Creek has flooded, even in dry years. Mr. McNally requested that the Commission deny this subdivision, based on public health, safety and welfare. Mr. Warren Scarrah, 110 Graf Street, expressed concern that the developer is seeking variances to the zoning regulations through this proposal. He indicated he does not oppose single-family residential development on the site; however, he feels any devel- opment should be in conformance with the R-2 zoning designation. Mr. Scarrah then ex- pressed concern for the safety of residents in the proposed subdivision with East Graf Street being the only access because he has seen it drifted on many occasions; and many of the residents in the retirement home could need prompt medical attention. He further noted that the proposed roadway would have a rather steep incline out of this develop- ment. Mrs. Mary Etta Parkinson, 105 Graf Street, expressed appreciation for the devel- oper's proposal to preserve Sourdough Trail; however, development of the subject site would create additional problems on South Third Avenue, particularly at its intersection with Graf Street and Wagon Wheel Road. Mrs. Parkinson then requested that the Commission declare a moratorium on additional subdivisions in that area until the problems 05-04-87 • • -23- • with South Third Avenue have been corrected. Mrs. Christina Rogers, 2910 Colter Avenue, expressed concern about the safety of children living in that area, particularly with the mix of vehicles, bicycles and pedestri- ans along South Third Avenue. She then requested that the Commission deny this pre- liminary plat. Dr. Dan Ireland, 2806 Colter Avenue, stated it seems the Planning staff has ade- quately reviewed the issues of concern and recommended approval; and the City-County Planning Board has reviewed the item .to determine whether the proposal is in compliance with the regulations. He noted that concern has been expressed about the need for side- walks and the safety of children. He indicated that he feels those issues should be ad- dressed before action is taken on any specific subdivision requests for the subject area. Mr. Don Weaver stated he has not seen his pastures or the golf course flooded in the twenty-seven years he has been .in that area. He then indicated that he does not feel there is a serious flood hazard on the subject property, either. Long Range Planning and Subdivision Administrator Marcia Elkins stated that the flood plain covers only a small portion of the subject property; and the developer pro- poses to build on a very limited portion of that flood plain designation. She further not- ed that the developer will be required to obtain a 310 permit prior to constructing East Graf Street; and the culverts to be installed must be large enough to handle storm water flows. The Planner then noted that concern has been expressed about the high ground- water table as well as soils in the area. She noted that the soils located on the subject property are the same as those located in 85 percent of the city; and that is taken into consideration during construction. She further noted that techniques have been estab- lished for construction in areas with high groundwater levels; and such items will be re- viewed for compliance with the Building Code before permits are issued. Long Range Planning and Subdivision Administrator Elkins then stated that it has been staff policy to allow one phase of a development before any traffic impacts are ad- dressed. She noted that a roadway has been dedicated through Gardner Park, which could provide another access; or another possibility is to cross Sourdough Creek Prop- erties to South Third Avenue. She stated both of those possible accesses have been left open to provide a traffic circulation pattern for the eventual development of the subject area. The Planner then noted one of the major issues since the 1950's is a looped trans- portation system around the city; and the proposed roadways could become a portion of that system. Commissioner Jordan noted that concern has been expressed about the 6 percent 05-04-87 • • -24- grade on East Graf Street from this subdivision. Long Range Planning and Subdivision Administrator Marcia Elkins stated that the subdivision regulations allow a 7 percent grade; so the proposal meets those regulations. She further noted that the 6 percent grade is for a very short distance. Mr. Patrick Holler stated that he recently moved onto Colter Avenue from South Montana Avenue. He then questioned how the emergency access can be required to the north, since that area contains two fields .and three fences. The Planner stated that the developer will need to work out the details for the emergency access with that property owner. Mr. Tom Fulton, 104 Heritage Drive, noted that even if another access is provided to Goldenstein Lane and South Third Avenue, people will still use East Graf Street be- cause it provides a closer access. Mr. Jerry McNally noted that Fairway Drive is a private street. He then noted that if the emergency access is installed, it will be only a short distance from Spring Creek Drive, which could provide a second access to the subdivision. Mrs. Mary Etta Parkinson asked if a roadway from East Graf Street through Gard- ner Park to Goldenstein Lane will jeopardize the Sourdough Trail. Planner Elkins stated that there is a dedicated roadway through the subject area, which does cross the Sourdough Trail. Mr. Paul Kinshella noted that the Planning staff indicated earlier that the Master Plan shows Graf Street extending southward to Goldenstein Lane. He then noted that South Eleventh Avenue is projected to extend through the Allison Annexation to Kagy Boulevard, which will help alleviate some of the traffic problems. Mr. Kinshella then re- minded the Commission that the area within this subdivision located in the floodway .is small, involving a street crossing, common open space and a small portion of the lot upon which the congregate living unit is proposed. Mr. John Miller stated he understands the concerns that residents of the area have expressed about South Third Avenue. He then noted that the 6 percent grade on East Graf Street falls within the regulations. He also noted concern has been expressed about drifting snow, and reminded the Commission of the location of the hospital. Mr. Miller then stated that he is having a complete soils test done on the property; and a copy of the results of those tests will be given to each person building in the subdivision. Commissioner Martel asked Mr. Don Weaver if having a private road through the subdivision, the undeveloped land and Westridge Meadows Planned Unit Development to Kagy Boulevard, without any break-away barriers at the end of the Spring Meadows Subdivision would create any problems. Mr. Weaver stated that private roads without any 05-04-87 • -25- • barriers become public roads. It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the customary one-week waiting period be waived. The motion carried by the following Aye and 'No vote: those voting Aye being Commissioner Martel, Commissioner Stiff, Commis- sioner Jordan and Mayor Mathre; those voting No being Commissioner Vant Hull. Commissioner Martel stated the subject area does not provide ideal conditions for development; however, the proposed subdivision seems to adapt itself to the property. He stated that the traffic impacts and problems should be reviewed on a community-wide basis, rather than considering this small area only. He then indicated support for the proposed subdivision. Commissioner Vant Hull stated this issue is controversial; and she cannot vote to support it if a decision is to be made tonight. Commissioner Stiff stated he has extreme concern over private streets. He then indicated that he does not support the proposed subdivision. It was moved-by Commissioner Martel, seconded by Commissioner Jordan, that the Commission, a prove-th-e preliminary plat for the Spring Meadows Subdivision, located in the northwest one-quarter of Section 19 and Certificate of Survey No. 819A, located in the northwest one-quarter of Section 19,. Township 2. South, Range 6 East, Montana Prin- cipal Meridian, subject to the following conditions: 1 . Montana Department of Health and Environmental Sciences. approval of the subdivision must occur prior to final plat approval; 2. The following high groundwater warning note shall be placed on the face of the plat prior to final plat approval: "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the sea- sonal high groundwater levels be made by a qualified engi- neer or soil scientist prior to construction of structures with a lowest floor level more than three feet below the top of the curb on the street from which it is served" 3. The final plat shall include all required certificates as outlined in the Bozeman Area Subdivision Regulations; 4. A utility easement shall be noted on the face of the plat along Spring Meadows Drive and Billion Place; 5. The correct area of Lot 2, Block 2 shall be identified on the face of the final plat; 6. Prior to final plat approval, the applicant shall submit a weed control plan to the County Weed Supervisor for review and approval; 7. The ownership of the walkway located in Block 1 shall be clarified on the face of the plat, prior to final plat approval; 8. Prior to final plat approval, the applicant shall obtain a 310 permit and a floodplain development permit for the Graf Street crossing of Matthew Bird Spring Creek; 9. Prior to final plat approval, the applicant must obtain a 310 permit and approval by the Federal Emergency Management Agency for the Flat 05-04-87 Creek relocation plan. Approval of the plan by the adjoining property owner must also be obtained; 10. The design of the emergency access barrier. at the northern property boundary must be approved in writing by the City Engineer, Fire Mar- shal and Police Chief prior to final plat approval. Adequate legal and physical access must be provided for maintenance of the storm de- tention facility located at the northern end of the property; 11 . The temporary cul-de-sac located at the southern end of Graf Street must maintain a minimum 50-foot radius gravel surface and easement. An easement must be obtained from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Sub- division; 12. Conflicts between the easements noted on the face of the plat and those referenced in the covenants shall be resolved prior' to final plat approval; 13. The Protective Covenants shall be revised in the following manner: a. Paragraph 6, page 6, shall be deleted; b. Paragraph 7, page 6,' shall be revised to eliminate ref- erences to the use of the sanitary sewer for the disposal of garbage, trash and other wastes; C. Paragraph '6, page 8, shall be revised to preclude the planting of trees and bushes in easement areas; d. Paragraph 7, page 8, shall be deleted; and e. The covenants shall be revised to include a more de- tailed explanation of the Developmental Guidelines and the review process. 14. The property owners of record shall file with the Gallatin County Clerk and Recorder a waiver of right to protest the creation of S. I.D.'s for improvements to the intersection of Kagy Boulevard and South Third Avenue, prior to final plat approval; 15. The final construction plans and profiles for all streets, water, sani- tary sewer, storm drainage,. fire hydrants and sidewalks shall be pre- pared and submitted for review and approval by the City Engineer pursuant to Chapter 16.26 of the Bozeman Area Subdivision Regu- lations; 16.,- The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements and conditions of 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 the amount of 150 percent of the cost of the remaining improvements; 17. That the cul-de-sacs be declared as fire lanes and shall be marked ac- cordingly, to preclude on-street parking in those locations; 18. The developer shall participate in an appropriate percentage of right-of-way improvements for pedestrian walkways on South Third Avenue based on the proportionate share of vehicular traffic generated by the proposed P.U.D. ; 19. That construction of the emergency access road to the north be com- pleted by the developer and that the homeowners' association be re- sponsible for maintenance of that emergency access road. It was moved by 'Commissioner Jordan, seconded, by Commissioner Vant Null, that the decision on this item be tabled for a period of two weeks. The motion carried by the following Aye and No vote.:- those voting Aye being Commissioner Jordan, Commissioner _ Vant- •Null and Mayor Mathre; those voting No.being`Commissioner Stiff and Commissioner Martel. 05-04-87 THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640. PHONE (406( 586-3321 BOZEMAN. MONTANA 59771-WO C,r�N CO. TO: Marcia Elkins/Long Range Planning & Subdivision Adm. FROM: John McNeil,/Superintendent of Parks & Cemetery DATE: April 17, 1987 RE: Spring Meadow Sub. Review Graf St. Storm Water Retention.Pond: Placement in Graf Park can't be allowed: Location should be moved south of Graf Street to private open space. Landscaping: Conceptual narrative page 21 Neighborhood Landscaping: Berms, benches & plantings on park land would require review and approval . of City Staff and Commission. Buffering: page 22. All planting must be on private land not Graf Park. This will help identify and preserve property boundary. Park Maintenance: Page 24 Par. C The City will not maintain private open space. Any change in the current low maintenance schedule for Graf Park and additions would require approval and funding from City Commission. New Park Boundaries: Should be monumented with signs indicating public and private property lines. JM:cep HOME OF MONTANA STATE UNIVERSITY r GATEWAY TO YELLOWSTONE PARK •�4��2�'�t THE CITY OF BOZEMAN 9 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586.3321 t - * BOZEMAN. MONTANA 59771-0640 z. April 15, 1987 TO: Marcia Elkins, Long Range Planning and Subdivision Administrator FROM: Dan Figgins, Fire Marshall � ktl � RE: Preliminary Plat and P .U .D . Applications for Spring Meadow Subdivision Since this project is in a preliminary stage and the proposed 60 unit congregate plans are not complete, I can only address this review as a preliminary and be more specific in the future, as more detailed plans are submitted . Some of the issues that need to be addressed at this time are: 1 . Adequate Fire Department vehicle access q8 ' inside diameter / 96 ' outside diameter turning radius . 2 . Iype of construction listed to calculate allowable areas of fire protection requirement . 3 . More detailed explanation on type of use . Determine occupancy classification . i . Detailed sprinkler system designs with available water and hydraulic calculation etc . . . . . HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK ii?.XY�v .Alii=, .rY.y �Pf�Al�PllIVG:EiOAR!¢' MEMORANDUM TO: RICHARD HOLMES, PUBLIC SERVICE DIRECTOR PHIL FORBES, CITY ENGINEER CLINTON GEE, SUPERINTENDENT OF STREET AND GARBAGE FRED_.SHIELDS.,-.SUPERINTENDENT OF SEWER AND WATER �DAN FIGGINS, FIRE MARSHALL GEORGE�TATE,—CHIEFyOF- POLICE JERRY WELLS, FISH, WILDLIFE AND PARKS RON NADWORNICK, SOIL CONSERVATION SERVICE JOHN MCNEIL, SUPERINTENDENT OF PARKS AND CEMETERY SUE HARKIN, RECREATION DIRECTOR FROM: MARCIA ELKINS LONG RANGE PLANNING AND SUBDIVISION ADMINISTRATOR DATE: APRIL 8 , 1987 RE: PRELIMINARY PLAT AND P.U.D. APPLICATIONS FOR SPRING MEADOW . SUBDIVISION ----------------------------------------------------------------- Attached please find copies of the submittal information which has been provided as part of the preliminary plat and P.U.D. applications for Spring Meadow Subdivision . The devel- opers , Spring Meadow Partnership, are requesting to develop 18 .6 acres of land south and east of Graf Park. The proposed subdivi- sion would create 27 lots. The Planned Unit Development would create Design Guidelines for future development. In addition, a congregate living development is proposed for location on the property. The application has requested a density bonus to allow 6.72 dwelling units per acre in the "R-2" (Residential - Medium Density) zoning district. A total of 125 dwelling units are proposed for the site. Please review the enclosed materials . A preliminary staff meeting to discuss the proposed development is scheduled for Tuesday, April 14 , 1987 at 8 : 30 a.m. in the Carnegie Building . The submittal materials and your written comments should be returned to the Planning Staff by Friday, April 17 , 1987 . Your assistance in reviewing this proposed development is appreciated . dla Enc. � � BO THE CITY OF BOZEMAN 411 E.'MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 * * BOZEMAN, MONTANA 59715-0640 CO. MEMO TO: Marcia Elkins , Long-Range Planning and Subdivision Administrator FROM: Sue Harkin, Recreation Superintendent DATE: April 22, 1987 RE: Spring Meadow Subdivision The Recreation Advisory Board reviewed the park land dedication proposed for Spring Meadows Subdivision. They wanted to commend the developers for the amount of land dedicated and for the plan. The Board felt the buffering along the Sourdough nature . trail would create a pleasing environment. They also felt the buffering along Graf Park or the west side would aesthetically add to the area. The Board believed the benefits of the landscaping outweighed the additional hassles that would be created in maintenance. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK cfF�2� • • THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59771-0640 r�N Co.NO /To: Marcia Elkins/Long Range Planning & Subdivision Adm. FROM: John McNeil/Superintendent of Parks & Cemetery (`� � DATE: April ��1 17, 1987 RE: Spring Meadow Sub. Review ------------------------------------------------------------------------- Graf St. Storm Water Retention Pond: Placement in Graf Park can't be allowed. Location should be moved south of Graf Street to private open space. Landscaping: Conceptual narrative page 21 Neighborhood Landscaping: Berms, benches & plantings on park land would require review and approval of City Staff and Commission. Buffering: page 22. All planting must 'be- on private land not Graf Park. This will help identify and preserve property boundary. Park Maintenance: Page 24 Par. C The City will not maintain private open space. Any change in the current low maintenance schedule for Graf Park and additions would require approval and funding from City Commission. New Park Boundaries: Should be monumented with signs indicating public and private property lines. JM:cep HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK dF so THE CITY OF BOZEMAN 35 NO. BOZEMAN AVE. P.O. BOX 640 _ • CARNEGIE BUILDING PHONE(406) 586-3321 =- -" �� BOZEMAN, MONTANA 59771-0640 April 17, 1987 TO: Marcia Elkins, Long Range Planning and Subdivision FROM: Phillip J. Forbes, City Engineer/O RE: Spring Meadows Subdivision Preliminary Plat Spring Meadows Lot 29 Block 2 P.U.D. ------------------------------------------------------------- After reviewing the referenced submittals, I have the following comments. PRELIMINARY PLAT 1. - Because the temporary turnaround at the south end of Graf Street extends onto adjacent property, easement dedication by that owner is required. 2. Complete engineering plans and profiles for the roadways, drainage, water and sewer systems must be submitted to and approved by this office prior to construction. 3. The placement of the breakaway barrier at the north end of Spring Meadows Drive makes the oil/sediment tank effectively inaccessible. Additional easement across Lot 11 , Block i may be required for the storm sewer. 4. A sanitary sewer main should be extended west in Graf Street to serve the westerly SO'+/- of Lot 6A of Amended Plat 1-46-A. 5. The proposed emergency access and utility easement north of the subdivision must be gravelled to allow vehicle access. 6. Spring Meadows Drive should be identified as a private roadway and public utility easement. 7. Additional analysis of the Mathew Bird Creek floodplain south of the limits of detailed study will be required prior to construction plan approval . B. Federal Emergency Management Agency and adjacent property owner approval of the proposed Flat Creek relocation is required, as well as 310 permits for work in both creeks affected by this site. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK nrr � �DU►u- v�ns�wbvcb �v _ Q c u� CtN =� yJ�U (mac= 1,.�►�vb� - � ,�C.�53 • Rc - * mZuu we-,u•r Peek our p is I L-U- nor IMA�nl1�iLL rjP�-�u aG As • - �� 61�r f1�cw ►�l�,im S �v �(.0 A ��a•-� � � �o�n���Y�ct�S . i a 3io ��ir 0 2oelzc�v Lo 12E cc WET Meows./ f .Uesri oq c I,Yo ArU Dior W1E'�s �I T p D eeo `i I d Lc :4r - 2. Aet-A is Dt e- - b W Y - - IV Q YDGMT- . 1 r 1 F S M15V � �-r� ►tor � w A,4.) Ot . 11 I� Ono S(Mr(ace uC�T1(7� t vi l �Vt )1 cr5 C3 l� l P -M r b tPmtl4yu ec4(PU () [(.Or ` L, AWf rb Sez' D(--S(�w o G—M exr e 1 t r+f BOZEMAN CITY-COUNTY PLANNING BOARD STAFF REPORT ` ITEM: PLANNING APPLICATION #P-8706 -- AN APPLICATION FOR PRELIMINARY PLAT APPROVAL OF SPRING MEADOWS SUBDIVISION - A PLANNED UNIT DEVELOPMENT APPLICANTS: SPRING MEADOWS PARTNERSHIP, 618 WEST GRIFFIN DRIVE, BOZEMAN, MONTANA DATE/TIME: TUESDAY, APRIL 28 , 1987 , AT 7 : 00 P.M. , MEETING ROOM, BOZEMAN PUBLIC LIBRARY, 220 EAST LAMME STREET, BOZEMAN, MONTANA REPORT BY: MARCIA ELKINS, LONG RANGE PLANNING AND SUBDIVISION ADMINISTRATOR ----------------------------------------------------------------- Location/Description The property in question is described as a portion of , the Northwest Quarter of Section 19 and Certificate of Survey No. 819A located in the Northwest Quarter of Section 19 , Township 2 South, Range 6 East, M. P.M. , City of Bozeman, Gallatin County, Montana . The property is more generally described as being located east of East Graf Park, south of Westridge Meadows P.U.D. and west of the Valley View Golf Course. The proposed Planned Unit Development subdivision incorporates 18 .6 acres of land . W W W'ST WI ST4 z u_ PARR 1 R' C Rq- V1710_ W TFT1 w W _ A I l . Cr 0 O T I y EAST GRAF I r J ll I I q PAP, Aft 33 TTI G4AF�'TRCET I 1 AGE OR. N Ilv[RWp DR. Roiw2 ' 1 General Proposal The applicant is proposing to create a 27 lot subdivision . The lots range in size from 8 , 900 square feet to 4. 96 acres. (An error on the plat incorectly states the area of Lot 2 , Block 2 as 4. 12 acres) . A private road tract incorporating Spring Meadows Drive and Billion Place would also be created. Graf Street would be dedicated with a 60 foot right-of-way at the western end and a 65 foot right-of-way along the central and eastern portions of the roadway. A total of 2. 57 acres of park land would be dedi- cated in three locations : at the southwest corner and the south- east corner of East Graf Park, and extending east and south of Graf Street to the southeast corner of the property. The pro- posed park dedication would provide for an extension of the Sourdough Trail from East Graf Park across the proposed develop- ment. Staff Findings The proposed subdivision is being reviewed as a Planned Unit Development. In addition, the applicant has requested P.U.D. review of the proposed development pursuant to the Bozeman City Zoning Code. Concurrent public hearings for the proposed devel- opment have been scheduled before the Bozeman City-County Plan- ning Board and the Bozeman City Zoning Commission. However , this report will address only those issues relating to the preliminary plat application. Land Use/Master Plan The Bozeman Area Master Plan designates the property in question for development as Low Density Residential Land Uses. The current zoning of the property, "R-2" (Residential , Single Family Medium Density) is consistent with the density provisions outlined in the Master Plan. The Master Plan describes low density residential land uses as having a maximum of seven dwel- ling units per acre. The "R-2" zoning district allows a P.U.D. to develop at five dwelling units per acre, although with a density bonus a maximum of 6 .75 dwelling units per acre could be allowed . Any development proposal of the lots being created will be required to comply with the appropriate zoning regulations insuring conformance with the Bozeman Area Master Plan. The "R-2" zoning district requires a minimum lot area of 7 , 000 square feet and a minimum lot frontage of 70 feet. Each of the proposed lots complies with the minimum area and frontage requirements of the Bozeman City Zoning Code. Community Impact Statement and Environmental Assessment The applicant has provided a full Community Impact Statement and Environmental Assessment. As noted in the preapplication review, the Planning Staff ' s primary concerns are the impacts of 2 the proposed development on watercourses and flood plains , groundwater considerations, location and development of parkland, and on-site and off-site vehicular and pedestrian circulation systems. Watercourse/Floodplain Impacts Two watercourses cross the proposed subdivision. Matthew Bird Spring Creek crosses the southwestern area of the site and Flat Creek is located along the northeastern area of the proper- ty. Floodplains have been designated along both of these water- courses . The applicant has proposed the relocation of Flat Creek along the eastern property to insure that Lots 11 , 12 and 13 in Block 1 contain viable building sites . The proposed stream relocation would be undertaken in cooperation with the Montana Fish, Wildlife and Parks Department in an effort to create a viable fish habitat in Flat Creek. The relocated stream must have a length and gradient equal to that of the existing stream. Approval of the stream relocation requires approval by the Feder- al Emergency Management Agency, the Gallatin Conservation Dis- trict and the adjoining property owners. In addition, the appli- cant has requested a waiver of the 35 foot stream setback requirement outlined in the Bozeman City Zoning Code. The Zoning Board of Adjustment is the only body which has the authority to issue a variance to the Zoning Code, and any request should be forwarded to the Board of Adjustment for review. With the stream relocation, Lots 11 , 12 and 13 in Block 1 would contain viable building sites, although the relaxation of the stream setback would allow greater flexibility in the construction of residences on those lots. A 310 permit from the Gallatin Conservation District is required for the extension of Graf Street across Matthew Bird Spring Creek. A floodplain development permit must also be obtained from the City Engineer . A 35 foot stream setback will also be required along Matthew Bird Spring Creek. Groundwater The Bozeman Area Master Plan identifies seasonal groundwater as being within three feet of the surface on the proposal site. The Environmental Assessment indicates that on March 31 , 1986 groundwater levels varied from four to seven feet across the site. Due to the potential problems associated with the con- struction of basements on the site, the Staff is proposing the inclusion of the following warning statement on the face of the final plat : i 3 "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the seasonal high groundwater levels be made by a qualified engineer or soil scientist prior to construction of struc- tures with a lowest floor level more than three feet below the top of the curb of the street from which it is served . " Utilities City sewer service will be extended to the site from the existing main located in the Westridge Meadows P.U.D. north of the proposal area. An eight inch line would run south along Spring Meadows Drive and extending along Graf Street. The City Engineer has recommended the extension of the sewer line from the intersection of Spring Meadows Drive and Graf Street northwest to provide service to the adjoining Lot 6A of the Amended Plat 1-46- A. The Superintendent of Sewer/Water has requested that para- graph 7, page 6 of the Protective Covenants be revised to elimi- nate references to disposal of garbage, trash or other waste or debris through the use of the sanitary sewer system. City water service would be provided from the 24 inch main which crosses the property. An eight inch water line would extend north along Spring Meadows Drive and would connect with the existing main located in Westridge Meadows P.U.D. Adequate water flows would be available on the site to provide domestic service and fire demands. Fire hydrants are currently located at the western boundary of the property adja- cent to Graf Street and approximately 245 feet east in the middle of Graf Street. (The ladder will be relocated when Graf Street in constructed . ) Five new hydrants are proposed through- out the proposed subdivision. Complete engineering plans and profiles for sewer and water improvements must be submitted for review and approval by the City Engineer and the Montana Department of Health and Environ- mental Sciences prior to final plat approval . Individual sewer and water services are required for each lot. Paragraph 6 , page 6 of the Protective Covenants should be deleted to eliminate any possible confusion, as joint or shared water services are not acceptable. Two storm drainage facilities have been proposed and have been designed to accommodate a five year storm. One retention facility would be located north of Graf Street in East Graf Park. Inlets in Graf Street will receive storm drainage which will then be directed to an oil separator/sediment tank flowing into the surcharge basin and eventually draining into Matthew Bird Spring Creek . A similar facility will be located at the northern end of Spring Meadows Drive with flows directed into Flat Creek. 4 The Montana Fish, Wildlife, and Parks Department has expres- sed concerns with the draining of storm flows into Matthew Bird Spring Creek. Apparently, fish kills have occurred in Figgins Subdivision. They have indicated a preference for diversion of storm drainage flows into Flat Creek. Because of the topography of the site and concerns for down stream flows, the City Engineer has recommended that storm drainage not be diverted to Flat Creek. Further , the City records indicate that the storm drain- age in the Figgins Subdivision is untreated. The proposed subdi- vision does provide for the utilization of an oil separator/ sediment tank providing greater water quality protection than currently found in the Figgins Subdivision. The Superintendent of Parks/Cemetery has questioned the location of the storm drainage retention pond in East Graf Park. It is preferable to locate such public facilities on public land to insure adequate access for maintenance procedures. The reten- tion pond is a shallow depression with appearances similar to that of a natural swale. Retention ponds have historically been successfully located in public parks in Bozeman and other commu- nities and the use of the space for a detention facility is not incompatible with the use of the public park for recreational purposes. The City Engineer has expressed a concern with access to the storm retention pond located on Lot 11 in Block 1 . The proposed emergency access barricade could preclude access to the facility by maintenance personnel . An access easement or other acceptable arrangements should be made to insure adequate access is avail- able. Engineering plans and profiles for the storm drainage facilities must be submitted for review and approval by the City Engineer prior to final plat approval . Ten foot utility easements, in addition to those delineated on the plat, have been provided along all exterior lot lines pursuant to a note on the plat. However , that note appears to be inconsistent with the requirements for utility easements found in the covenants. Clarification should be provided prior to final plat approval . A utility easement should be noted along Spring Meadows Drive and Billion Place to accommodate the sewer and water lines and the location of fire hydrants. All utilities are required to be installed underground . The developer has indi- cated compliance with this requirement in the Environmental Assessment . An additional concern has been raised regarding the planting of trees and other shrubbery in the 30 foot waterline easement which crosses the property. No trees or shrubs should be planted along the easement to insure that such plant growth does not interfere with the 24 inch water main. Paragraph 6 , page 8 of the Covenants should be revised to restrict plantings in required easements . As the proposed utilities will be public services, no restrictions should be placed on the maintenance of those utili- ties by the City. Paragraph 7, page 8 of the Covenants should be revised prior to final approval of the subdivision 5 Park Requirements The Bozeman Area Subdivision Regulations require that one- ninth of the area of any residential subdivision be dedicated as public park land . As noted earlier , three tracts of land totaling 2 . 57 acres in area have been proposed for dedication. Based on the combined area of the proposed lots, 14 .4 acres, only 1 . 6 acres of land must be dedicated as parkland . The proposed subdivision is providing nearly an acre more land than is required by the Bozeman Area Subdivision Regulations . The location of parkland within this subdivision is critical because of the potential for linkage with Sourdough Trail to the north, through East Graf Park , and to the south, across privately owned property. Parkland has been proposed at the southeast corner of East Graf Park and continuing to the south of Spring Meadows Drive extending east and south to the property boundary. An easement is noted on the plat across Spring Meadows Drive, a private street, insuring the necessary linkage of the trail from East Graf Park to its entrance onto private property at the southern property boundary. It is important to note that the applicant has not only insured the continuation of the trail in the proposed subdivision, but he has provided spaces with ade- quate areas to allow for the development of the trail area. An additional tract of park land would be dedicated at the southwest corner of East Graf Park, assuring public access to the park from Graf Street. The proposed subdivision incorporates parkland dedication in excess of the minimum requirements. The location of the parkland would accomplish important community objectives by insuring the continuation of the Sourdough Trail across the proposed development. Sidewalks In accordance with City Commission policy, the applicant has proposed the location of sidewalks throughout the development. Along the private streets, Spring Meadows Drive and Billion Place, the sidewalks would be located within a five foot public easement. A pedestrian walkway is proposed for location between Lots 7 and 8 assuring public access to East Graf Park. Ownership of the 10 foot wide walkway should be clarified on the final plat. Handicap access curb cuts should be provided. Engineering plans and profiles must be submitted for review and approval by the City Engineer prior to Final Plat approval . Vehicular Access/Circulation Primary access to the proposal site will result from the extension of Graf Street across the development and extending to the southern property boundary. The Master Plan designates Graf Street as a collector street eventually extending south to Gold- enstein Lane. The subdivision standards require the dedication of 65 feet of right-of-way for all collector roads. Due to the constraints of existing property boundaries , slightly more than 60 feet of right-of-way is being dedicated at the western pro- 6 perty boundary, matching the existing street location. Sixty- five feet of right-of-way is dedicated for that portion of Graf Street located east of Lot 6A of the Amended Plat 1-46-A. A temporary turnaround is proposed for the southern terminus of Graf Street. A full 50 feet radius of gravel turnaround surface should be provided to allow adequate manuevering room for emer- gency equipment. In addition, an easement must be obtained from the adjoining property owner for that portion of the turnaround located on the abutting property. A private road tract is proposed for the northern portion of the site, incorporating Spring Meadows Drive and Billion Place. Both private streets would terminate in cul-de-sacs. An emergen- cy access with a breakaway barricade is proposed to the north insuring access for emergency vehicles through to Fairway Drive. Spring Meadows Drive would exceed the maximum length of a perma- nent cul-de-sac as described in the Subdivision Regulations . Thus, the applicant is requesting a variance to the 500 foot maximum length of a cul-de-sac to allow an approximately 950 foot cul-de-sac . The maximum cul-de-sac length requirement has been adopted for primarily two reasons; to insure adequate access and traffic circulation on the site and to provide adequate access for emer- gency equipment. Approximately 20 lots would utilize Spring Meadows Drive as their only access . Traffic projections indicate approximately 200 A.W.T.E. would result from the development of those lots as single family residences ( including zero lot line developments) . While better site circulation is desirable, it appears that Spring Meadows Drive could adequately handle the anticipated traffic volumes. In addition, construction of the gravel road to the north should adequately address most of the concerns related to the provision of access for emergency vehi- cles . Due to the type and ownership of development located north of the proposal site, it is unlikely that a roadway connection between Spring Meadows Drive and Fairway Drive would be com- pleted. There are no other opportunities to construct connecting roads due to the location of East Graf Park to the west and the Valley View Golf Course to the east. Because of the constraints placed on this development by surrounding land uses and the physical layout of the property, the Planning Staff supports the requested variance to the maximum length of a cul-de-sac. The emergency access to the north should be reviewed and approved by the City Engineer , Fire Marshall and Police Chief prior to final plat approval. The roads within the development must be constructed to city standards and engineering plans and profiles must be submitted for review and approval by the City Engineer . The applicant has provided a detailed Traffic Assessibility and Impact Evaluation for the proposed subdivision, including trip generation analysis, traffic assignment and warrant analy- sis . The applicant has utilized Trip Generation by the Institute of Transportation Engineers, 3rd Edition, 1982 to calculate the 7 amount of traffic generated by the development. Based on an estimate of 60 single family residential dwelling units and 60 retirement dwelling units, the applicant has calculated a total of 798 average weekday trip ends. The trip assignment and inter- section analysis indicated that a traffic signal would be war- ranted at the intersection of South Third Avenue and Kagy Boule- vard by the year 2000. This would primarily result from non-site traffic , as the analysis suggests that 3 . 8 percent of the traffic at that intersection would be generated by this subdivision. In addition, the analysis of the non-signalized intersection of South Third Avenue and Graf Street indicates that the intersec- tion should continue to operate at a level of service A during peak hours. The Planning Staff evaluated the trip generation of the proposed subdivision in two ways. The first method evaluates the traffic impacts based on the development of the subdivision as individual lots. The calculation assumes that 24 lots would develop as single family residences and that the remaining three lots would develop as individual P.U.D. ' s without density bonuses. Method one results in an estimated 445 average weekday trip ends being generated by the subdivision. METHOD ONE TRIP GENERATION HOUSING TYPE #D.U. TRIP RATE/UNIT AWVTE Single Family 24 10 240 Multi-Family 31 6. 6 204.6 (Condominium/Townhouse) Method two calculates the traffic impacts based on the specific P.U.D. proposal being reviewed concurrently by the Zon- ing Commission. That proposal incorporates the development of 75 _ retirement dwelling units , 24 single family residences and 18 multi-family dwelling units. A total of 606 average weekday trip ends is estimated to result from the development. METHOD TWO TRIP GENERATION HOUSING TYPE #D.U. TRIP RATE/UNIT AWVTE Single Family 24 10 240 Multi-family 18 6 .6 118 .8 (Condominium/Townhouse) Retirement 75 3 . 3 247 .5 TOTAL A.W.V.T.E. ----- 606.3 8 It should be noted that the Planning Staff ' s estimates are significantly lower than the applicant ' s, suggesting that the traffic impacts of the proposed development may actually be less than anticipated by the applicant ' s traffic study. The Staff would recommend that a waiver of protest to the creation of S. I.D. ' s for 3.8 percent of the cost of the improvements to the intersection of Kagy Boulevard and South Third Avenue be required . This would insure participation in those improvements by the property owner ' s of this development when signalization is required . Plat Requirements The Final Plat must include all required certificates on the face of the plat pursuant to the Bozeman Area Subdivision Regula- tions. Covenants/Homeowner Association Documents Several amendments to the covenants have been recommended previously in this plan. The Staff would recommend that stronger language addressing the role of the Developmental Guidelines should be added to the covenants . Weed Control Pursuant to state statutes , a weed control plan for the proposed subdivision must be submitted for review and approval by the County Weed Supervisor . Approval should be obtained prior to Final Plat approval . Public Interest Criteria Many of the items which relate to the public interest cri- teria have been outlined in detail earlier in this report. As a result, the Staff has summarized the comments relating to the criteria identified in the Montana Subdivision and Platting Act which the governing body must use to evaluate all proposed sub- divisons. 1 . Basis of Need for the Subdivision The Planning Staff has, in the past, identified the need for additional single family residential lots for new home construc- tion within the city limits . The proposed subdivision would create 24 new single family residential lots for new home con- struction . The three additional large lots would accommodate P.U.D. development allowing the clustering of housing units. The concurrent P.U.D. zoning request is proposing the development of a congregate living development to address the housing needs of retired individuals. The population structure of the community, similar to national trends, suggests that there will be an increasing need for developments specifically designed to provide housing for retired individuals. 9 2 . Expressed Public Input As of this writing , no public input has been received on the proposed subdivision. 3 . Effects on Agriculture Limited agriculture activity has occurred as hay crops have been harvested from this site in the past. Because of the poor existing access across Matthew Bird Spring Creek, agricultural- use has been limited . No significant agricultural impacts should result from the removal of this 18 . 6 acres of land from agricul- tural production . 4 . Effects on Local Services No significant impacts have been identified through the review process. A number of items have been referenced in the staff report which would mitigate the impact of the development on local services. Construction of all utility services, storm drainage and roadways in accordance with city standards should assist in the provision of adequate services. The provision of a waiver of protest to the creation of S. I .D.s for improvements to the intersection of Kagy Boulevard and South Third Avenue should insure that future impacts are mitigated . 5. Effects on Taxation The proposed subdivision should not have significant impacts on taxation. 6 . Effects on the Natural Environment Matthew Bird Spring Creek constitutes a significant riparian environment. Review of the stream crossing by the City Engineer and Gallatin Conservation District should assist in limiting the impact of development on the natural environment. The installa- tion of storm drainage detention facilities and oil separator/- sediment tanks should also assist in preserving the water quality of Matthew Bird Spring Creek. 7 . Effects on Wildlife and Wildlife Habitat As noted , the applicant has attempted to limit the impact of the proposed development on the natural environment and wildlife habitat. No critical wildlife habitats have been identified on this site. No significant impacts have been identified . 8 . Effects on Public Health and Safety No significant public health and safety effects have been identified . Provision of an emergency access to the north should insure that access is available for emergency vehicles. compli- ance with the appropriate state and local regulations should adequately protect the public. 10 Conclusion The Planning Staff' s review of the proposed P.U.D. subdivision indicates that the development is in compliance with the Bozeman Area Master Plan. The subdivision is also in general compliance with the Bozeman Area Subdivision Regulations. The Staff recommends conditional approval of Spring Meadows Subdivision with the following conditions : 1 . Montana Department of Health and Environmental Sciences approval of the subdivision must occur prior to Final Plat approval; 2. The following high groundwater warning note shall be placed on the face of the plat prior to Final Plat approval : "Due to the possibility of high groundwater within the sub- division, it is recommended that an investigation of the seasonal high groundwater levels be made by a qualified engineer or soil scientist prior to construction of struc- tures with a lowest floor level more than three feet below the top of the curb of the street from which it is served." 3. The Final Plat shall include all required certificates as outlined in the Bozeman Area Subdivision Regulations; 4 . A utility easement shall be noted on the face of the plat along Spring Meadows Drive and Billion Place; 5 . The correct area of Lot 2 , Block 2 shall be identified on the face of the Final Plat; 6 . Prior to Final Plat approval , the applicant shall submit a weed control plan to the County Weed Supervisor for review and approval; 7 . The ownership of the walkway located in Block 1 shall be clarified on the face of the plat, prior to Final Plat approval ; 8 . Prior to Final Plat approval , the applicant shall obtain a 310 permit and a floodplain development permit for the Graf Street crossing of Matthew Bird Spring Creek; 9 . Prior to Final Plat approval , the applicant must obtain a 310 permit and approval by the Federal Emergency Management Agency for the Flat Creek relocation plan. Approval of the plan by the adjoining property owner must also be obtained; 10 . The design of the emergency access barrier at the northern property boundary must be approved in writing by the City Engi- neer , Fire Marshall and Police Chief prior to Final Plat approval . Adequate legal and physical access must be provided for mainten- ance of the storm detention facility located at the northern end of the property; 11 11 . The temporary cul-de-sac located at the southern end of Graf Street must maintain a minimum 50 foot radius gravel surface and easement. An easement must be obtained from the adjoining property owner for that portion of the cul-de-sac located outside of Spring Meadows Subdivision; 12 . Conflicts between the easements noted on the face of the plat and those referenced in the covenants shall be resolved prior to Final Plat approval ; 13 . The Protective Covenants shall be revised in the following manner : a. Paragraph 6 , page 6 shall be deleted; b. Paragraph 7 , page 6 shall be revised to eliminate references to the use of the sanitary sewer for the dispoal of garbage, trash and other wastes; C. Paragraph 6 , page 8 shall be revised to preclude the planting of trees and bushes in easement areas; d. Paragraph 7 , page 8 shall be deleted; and e. The covenants shall be revised to include a more detailed explanation of the Developmental Guidelines and the review process. 14 . The property owners of record shall file with the Gallatin Clerk a waiver of right to protest the creation of S. I .D. ' s for improvements to the intersection of Kagy Boulevard and South Third Avenue, prior to Final Plat approval ; 15 . The final construction plans and profiles for all streets , water, sanitary sewer, storm drainage, fire hydrants and sidewalks shall be prepared and submitted for review and approval by the City Engineer pursuant to Chapter 16 . 26 of the Bozeman Area Subdivision Regulations ; 16 . The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of 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. Further , the Planning Staff recommends approval of the vari- ance to the maximum length of a permanent cul-de-sac for the extension of Spring Meadows Drive. 12 ti- I ,4 - - 14 - i , a TICE OF PUBLIC NEARING PRELIMIN Y SUBDIVISION PLAT REVIEW NOTICE IS HERE GIVEN of a public hearing before the! Bozeman City-County anning Board on Tuesday, April 28, 1987, at 7:00 p.m. in the Mee ' g Room, Bozeman Public Library, 220i East Lamme Street, B eman, Montana, • pursuant to the J requirements of the Bozem n Area Subdivision Regulations. The purpose of the public h ring is to consider the Preliminaryg Plat application for the Spring eadow Subdivision located in a; portion of the Northwest Quarter f Section 19, Township 2 South,' Range 6 East, M.P.M., City of Boz an, Gallatin County, Montana.0' It is more generally described a a portion of the unplatted Northwest Quarter of Section 19, To ship 2 South, Range 6 East, M.P.M. and Certificate of Survey No. 8 9A and is located east�and, south of Graf Park. The property wners, Spring Meadow Partnership, is proposing the developmen of a 27 lot Planned Unit, Development subdivision on a 18.6 acre ite. Oral and written testimony regarding t application will be, received at that time. Maps and related da regarding the area under consideration may be reviewed in the o ices of the Bozeman6 City-County Planning Staff, 35 North Bozeman venue, Bozeman,! Montana. . .--.y, _ ____ , - . vw.. - u additions onto their homes,and plant shrubs and trees planted in gra4 along the setback. And under the law, existing If it is More o- stxPctures must be grandfathered into any zoning stretch, it wow regulations, according to City Attorney Bruce Becker. least,it would The public can get in on the planning by attending frees of trash. Shultz, Shevardnad. MOSCOW (AP) — Secretary of State George P. the foreign mii Shultz today met Soviet Foreign Minister Eduard Street, where Shevardnadze for two rounds of talks and a working through lunch,t lunch on roadblocks to a treaty that would remove Shultz consulte- hundreds of missiles from Europe and on promoting Shultz' delep religious freedom. arms control sp . Shultz also planned to complain about the "pattern assistant secret- of intrusiveness and hostility" America says is caused the new U.S. by Soviet eavesdropping at the U.S. Embassy. Tonight, Sh No details of Shultz' talks on the first day of his Seder at the U three-day visit were immediately available. holiday after.n A special van,free of listening devices,was flown to about 30 minu Moscow for Shultz"to confer with his advisers and to slavery in'Phai communicate with Washington securely. Among thos a Ambauff of rubhorattott , STATE OF MONTANA, l County of Gallatin, j ss. .. ........V.1.vie._F9 .Ulea),--------------------- --------------------- --------------- being duly sworn, deposes and says: That s.he is........Principal..Clerk.__...........-... �- of the Bozeman .......Dai1y.......Chronicle,a newspaper of general circulation, printed and published in Bozeman, Gallatin County, Montana; and that the notice hereunto annexed (......... �IQt.��e..Af..�lablic_.HeariAg...�rliminar Subdivision Plat Review - application for the Spring Meadow Subdivision .............................................................------------------------- - _._— -- ...��._._... _ -—_...-....................--� has been correctly published in the regular and entire issue of every number of said paper.......................... for. ....1,......ewweeu .....3aserta,ou--------------- the first of which publication was made n the--------- 3tL............ day of.....................Apra.]........................ 19, and the last on the..............�3, l� ._.._... of..-...... .8r.11. -......... ....-......... s� ... ... . ................................ Subscribed and sworn to before me this ........14th day of.......:A:irx_) ................... .. 19.8Z _ Notary Public for the State of Montana, residing at Bozeman, Montana NOTARY PUBLIC for the State of MOMM Residing at Bozeman,Moll tuna My Comnjis:ian expires July 6,1987 Spring Meadow* Sub y . SENDER: Complete items 1,2,3 and 4. m C Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from W being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are c available.Consult postmaster for fees and check box(as) �F for service(s)requested. to .a 00 1. ❑ Show to whom,date and address of delivery. W A 2. ❑ Restricted Delivery. A V 3. Article Addressed to: Philip & Donna O'Neil 30821 Wagon Wheel Road Bozeman, MT 59715 4. Type of Service: Article Number ❑ Registered ❑ Insured M Certified ❑ COD P 169 732 180 ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. O 5. S' nature— res 3 , O X ' A 5 N 6. Signature—Agent t H n X �1 Rn T7. Date of Delivery C r( I'm Z 8. Addressee's Address N i ' est a ee pat m �S PO m UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS u Print your name,address,and ZIP Code in the �® space below. • Complete items 1,2,3,and 4 on the reverse. • Attach to front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE, $300 • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO (Name of Sender) P.O.WX 640 (affy HAM.and Street,Apt.,Suite,P.O. Box or R.D. No.) MEW MQMTMA 59715 (City,State,and ZIP Code) 0 0 SENDER: Complete items 1,2,3 and 4. m Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from WW being returned to you.The return receipt fee will provid00 e .+ you the name of the person delivered to and the date of — delivery. For additional fees the following services are c available. Consult postmaster for fees and check box(es) for service(s) requested. co 1. ❑ Show to whom,date and address of delivery. W A 2. ❑ Restricted Delivery. A V W A 3. Article Addressed to: to Henry E. Gardiner Box 1951 Bozeman, MT 59715 4. Type of Service: Article Number ❑ Registered ❑ Insured K7 Certified ❑ COD P 169 732 179 ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. � 5. g a re dress X. V) 6. Signature g ? X AV' A 7. Date ofr4jerV,•—A a�%1 8. Addresse f equ ee pat m m r UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS V Print your name,address,and ZIP Code in the �® space below. • Complete items 1,2,3,and 4 on the reverse. • Attach to front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE,$aco • Endorse article"Return Receipt Requested" adjacent to number. RETURN 1* TO Mt r =Wff P171111MING BOARV(Name of Sender) PA. WX No t and Street,Apt.,Suite,P.O. Box or R.D. No.) 80MAMN HIONTANA S4715 (City,State,and ZIP Code) UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the U�® space below. • Complete items 1,2,3,and 4 on the reverse. • Attach to front of article if space permits; PENALTY FOR PRIVATE otherwise affix to back of article. USE,$300 • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO ;IN Gp11Nri PI inANNimg aneNt� P.O. BOX (Name of Sender) u MONTA 501 Apt.,Suite,P.O.Box or R.D. NO.) eff1mIF (City,State,and ZIP Code) Spring Meadow' Sub SENDER: Complete items 1,2,3 and 4. T e Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from W being returned to you.The return receipt fee will provide W you the name of the person delivered to and the date of delivery. For additional fees the following services are available.Consult postmaster for fees and check box(es) c .F for service(s) requested. J to Co 1. ❑ Show to whom,date and address of delivery. w A 2. ❑ Restricted Delivery. V W A 3. Article Addressed to: trt Valley View Golf Club Box 207 Bozeman, MT 59715 4. Type of Service: Article Number ❑ Registered ❑ Insured p 169 732 175 IN Certified El COD ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature—Addressee O X N 6. ature g t -i X L n 7. a of eliver m —I (o S Z 8. ddresse 's Add ss(ONLY if requested an fee par M m n m i Spring Meadow' Sub, y • SENDER: Complete items 1,2,3 and 4. m Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from W being returned to you.The return receipt fee will provide ao � you the name of the person delivered to and the date of delivery. For additional fees the following services are c available.Consult postmaster for fees and check box(es) for service(s)requested. co w t. ❑ Show to whom,date and address of delivery. A 2. ❑ Restricted Delivery. v tb A 3. Article Addressed to: Gene Graf III 220 West Lamme Bozeman, MT 59715 4. Type of Service: Article Number ❑ Registered ❑ Insured Certified ❑ COD P 169 732 176 LJ Express Mail Always obtain signature of ad r agent and DATE DELIVERED. O 5. nature') see O X 3 y 6. Signature— t X ate of Delivery m -a C 70 8. Addressee's Address(ONLY if requested and fee pal Z M m n m T UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS u Print your name,address,and ZIP Code in the space below. • Complete items 1,2,3,and 4 on the reverse. • Attach to front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE.SW • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO IfNlll PlllNiNi{ly(y BO"P, P.O BOX 640 Name of Sender) OUR BOZEM N MONTANA 5971 Apt,suite,P.O. Box or R.D. No.) (City,State,and ZIP Code) Spring Meadow' SUB m SENDER: Complete items 1,2,3 and 4. Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from W W being returned to you.The return receipt fee.vill provide —� you the name of the person delrvere..to anr, the Mete c' delivery. For additional fees the follow ng sery ces are c available. Consult postmaster for fees and check box(es) for service(s)requested. 0000 1. ❑ Show to whom,date and address of delivery. to A 2. ❑ Restricted Delivery. A V t7t1 A to 3. Article Addressed to: Endowment & Research Foundation Roy E. Hoffman Bldg, MSU Bozeman, MT 59717 4. Type of Service: Article Number ❑ Registered ❑ Insured M Certified ❑ COD P 169 732 178 ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED: C 5. Signat a d s e law, 3 X ` y 6. Signature.—Agent t -i n X 7. Date of Delivery C Z 8. Addressee's Addre s(ONLY if reques a fee PtaP M m 0 m v UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS U Print your name,address,and ZIP Code in the �p sPace below. • Complete items 1,2,3,and 4 on the reverse. • Attach to front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE, $3W • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO PLANNING BoAgUame of Sender) P.O. WX 640 CffylMWd Street,Apt.,Suite,P.O.Box or R.D. No.) RMMN MONTANr!Li MI S (City,State,and ZIP Code) Spring Meadow' Sub. SENDER: Complete items 1,2,3 and 4. Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from w being returned to you.The return receipt fee will provide m j you the name of the person delivered to and the(late of delivery. For additional fees the following services are available.Consult postmaster for fees and check box(es) for service(s)requested. to coo 1. ❑ Show to whom,date and address of delivery. w A 2. ❑ Restricted Delivery. v Co CAn 3. Article Addressed to: Donald K. Weaver, Jr. 2409 Spring Creek Drive Bozeman, MT 59715 4. Type of Service:- Article Number ❑ Registered ❑ Insured IR Certified ❑ COD P 169 732 174 ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 0 5. Signature —Addressee N 6. Signature—Agent 0 X 31 7. Date of Delivery APR m !fJ �7U C z 8. Addressee's Address(QAILY if requested and fee pat m n m UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS W Print your name,address,and ZIP Code in the space below. • Complete items 1,2,3,and 4 on the reverse. • Attach to front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE.$306 • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO Name of Sender) P.O. BOX 640 nd Street,Apt.,Suite,P.O.Box or R.D. No.) OOZEMAIM MON TANA 59715 (City,State,and ZIP Code) Rpring Meadow Sub • SENDER: Complete items 1,2,3 and 4. m Put your address in the"RETURN TO"space on the 9 reverse side. Failure to do this will prevent this card from W being returned to you. The return receipt fee will provide —+ you the name of th_e_person delivered to and the date of delivery. For additional fees the following services are c available. Consult postmaster for fees and check box(es) for service(s) requested. J co 1. ❑ Show to whom,date and address of delivery. to A 2. ❑ Restricted Delivery. A V cc 1' 3. Article Addressed to: to Gerald D. Robertson Marilyn M. Robertson 3120 Wagon Wheel Road Bozeman, MT 59715 4. Type of Service: Article Number ❑ Registered ❑ Insured XXCertified ❑ COD P 169 732 181 ❑ Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5.O X Signat7)ur f} ae Cs ee O �tC/ 3 y 6. Signature— Agent X 7. Date of Delivery C ry Z 8. Addressee's Address(O.NLY if requesteda fee pa: m 0 m o. PM 13 A UNITED STATES POSTAL SEkV E i. OFFICIAL BUSINESS SENDER INSTRUCTIONS u Print your name,address,and ZIP Code in the �® space below. • Complete items 1,2,3,and 4 on the reverse. • Attach to front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE.sw • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO NNINU 80A#&.,.e of Sender) P.O. RM 64 /yn%A and Street,Apt.,Suite,P.O. Box or R.D. No.) w r r r1HLL ,State,and ZIP Code) UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the Vim® space below. • Complete items 1,2,3,and 4 on the reverse. • Attach to front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE,SM • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO MOM P.O. Box QUA 40 eme of Sender) MMMY(�lAM��Str,�Apt,Suite,P.O. Box or R.D.No.) 1�1� (City,State,and ZIP Code) SENDER: Complete items 1,2,3 and 4. T o Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from Wbeing returned to you. The return receipt fee will provide -+ you the name of the Person delivered to and the date of .� delivery. For additional fees the following services are c available. Consult postmaster for fees and check box(es) .F for service(s)requested. co 1. ❑ Show to whom,date and address of delivery. W A 2. ❑ Restricted Delivery. A V 0: A 3. Article Addressed to: to City of Bozeman ATTN Jim Wysocki, City Manager PO Box 640 Bozeman, MT 59715 4. Type of Service: Article Number ❑ Registered ❑ Insured Certified ❑ COD P 169 732 177 Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature—Addressee O X 3 y 6. Signature— gent / X / L m Date p Delivery ' APR 10 1987 M 8. Addressee's Address(ONLY if requested and fee pat Z .11 In n m v -f P 169 732 180 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) " Sent to O'Neil v Street and No. co 3080 Wagon Wheel RoAd o ozeman,dMTC59715 a q Postage $ vi Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered N Return receipt showing to whom, a) Date,and Address of Delivery m TOTAL Postage and Fees $ ur C Postmark or Date 4/9/87 E 0 IL N ILL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked.stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked.stick the gummed stub on the left portion of the address side of the article, date.detach and retain the receipt. and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card, Form 3811.and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. P 169 732 179 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) T Sent to m HenryE. Gardiner IT Stj�ot@ncJ961 co P.O.,State and ZIP Code O a t9 Postage $ vi * Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered � Return receipt showing to whom, w Date,and Address of Delivery m TOTAL Postage and Fees $ U. c Postmark or Date w M E 4/9/87 0 U. N a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,date,detach and retain the receipt,and mail the article. 3. It you want a return receipt,write the certified mail number and your name and address on a return receipt card. Form 3811,and attach it to the front of the article by means of the gummed ends it space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. P 169 732 178 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL .(See Reverse) Sent to 4 Endowment & Research Found: Street and No. Roy E. Hoffman Bldg. MSU o PMeman,ZIW' 9715 a 6 Postage $ vi * Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered c4 Return receipt showing to whom, of Date,and Address of Delivery r m TOTAL Postage and Fees $ U. c Postmark or Date E 4/9/87 0 U. N a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked.stick the gummed stub on the left portion of the address side of the article,date,detach and retain the receipt. and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card, Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee. or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. P 169 732 177 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) " Sri�y of Bozeman stMt 9"0640 6 PBozeman,ZIMT�9715 a c9 Postage $ (q Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered � Return receipt showing to whom, m Date,and Address of Delivery mTOTAL Postage and Fees $ U. c Postmark or Date 2R 4/9/87 E 0 U. to a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. It you want this receipt postmarked.stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked.stick the gummed stub on the left portion of the address side of the article, date,detach and retain the receipt. and mad the article. 3. If you want a return receipt.write the certified mail number and your name and address on a return receipt card, Form 3811.and attach it to the front of the article by means of the gummed ends it space permits.Otherwise.affix to back of article Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. It you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. P 169 732 176 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Gene Graf III sylta hes Wt Lamme a �p� C PBo'zeman, M'1 og�715 d t9 Postage $ vi * Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered co Return receipt showing to whom, o) Date,and Address of Delivery T- TOTAL Postage and Fees $ U. c Postmark or Date M 4/9/87 0 U. o. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. It you want this receipt postmarked.stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand It to your rural carrier. (no extra charge) 2. It you do not want this receipt postmarked stick the gummed stub on the left portion of the address side of the article.date,detach and retain the receipt.and Mali the article 3. If you want a return receipt.write the certified mail number and your name and address on a return receipt card. Form 3811,and attach it to the front of the article oy means of the gummed ends it space permits. Otherwise.affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee or ;o an a.,ihonzed agent of the addressee. endorse RESTRICTED DELIVERY on the front of the artrcie 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item t of Form 3811. 6. Save this receipt and present it it you make inquiry. P 169 732 175 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sftlpley View Golf Club O m t},�� n��{q SIS00 OXa LU/. 10 c P-962L# 'Z''f°19715 d q Postage $ vi * Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered 04 Return receipt showing to whom, I Date,and Address of Delivery TOTAL Postage and Fees $ U. C Postmark or Date 28 E U. 4/9/87 N a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. It you want this receipt postmarked.stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article.date.detach and retain the receipt,and mail the article. 3. It you want a return receipt,write the certified mail number and your name and address on a return receipt card, Form 3811.and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6.Save this receipt and present it if you make inquiry. P 169 732 174 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) 9 SN'onald K. Weaver, Jr. S"69d"ring Creek Drive CP.O.,State and ZIP Code Bozeman, MT 59715 c7 Postage $ Cd * Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered � Return receipt showing to whom, o) Date,and Address of Delivery TOTAL Postage and Fees $ LL c Postmark or Date E /9/87 U. rn IL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service wi6dow or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,date,detach and retain the receipt, and mail the article. 3. 11 you want a return receipt.write the certified mail number and your name and address on a return receipt card, Form 3811,and attach it to the front of the article by means of the gummed ends it space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811, 6. Save this receipt and present it if you make inquiry. STICK POSTAGE STAMPS 10 ARTICLE TO COVER FIRST-CLASS POSTAGE. CERTIFIED MAIL FEE. AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. It you want this receipt postmarked 51u,1, the qummea stuo on the left portion Of the address side of the drlicle leaving the receipt attached and present the article at a post Office se'vice Window Or hand it t0 your rural carrier (no extra charge) 2. If you do not want this receipt oostmarkea sl c� the qummed stut.on the left portion of the address side of the article. date. detach and retain the receipt and man the article 3. If you want a return receipt.write the Certified mail number and yOLr name and address On a return receipt card. Form 3811.and attach it t0 the front of the article by means Of the qummea ends it space permits Otherwise.affix to back of article Endorse Iront of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee or to an authorized agent of the addressee. endorse RESTRICTED DELIVERY on the front of the arllcle 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt It return receipt is re- quested. check the applicable blocks in item ! of Fa•m 3811 6. Save this receipt and present it if you make inquiry + 1A 7 i P 169 732 181 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to 4 Gerald & Marilyn Robertson Street and No. 3120 Wagon Wheel Road CD q '106'z eman, W?M 715 a CJ Postage $ Vl 6 * Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered 04 Return receipt showing to whom, o) Date,and Address of Delivery TOTAL Postage and Fees $ LL c Postmark or Date 4/9/87 E 0 U. to a Adjoining Ownership & Addresses to the Proposed Spring Meadows Subdivision COS 406A tZ'6 nald K. Weaver, Jr. 2409 Spring Creek Drive Bozeman, MT 59715 COS 803 Valley View Golf Club ✓ Box 207 Bozeman, MT 59715 Graf' s 4th ---Gene Graf III 220 West Lamme Bozeman, MT 59715 Parks City of Bozeman P. 0. Box 640 : Bozeman, MT 59715 • Graf' s 3rd Henry E. Gardiner Lot 5 Box 1951 Block 6 Bozeman, MT 59715 _ 91 F453 Lot 6A v6dowment & Research Foundation Amended Plat Roy E. Hoffman Building 1-46-A MSU Bozeman, MT 59715 6 Film, Philip E. O'Neil & Donna M. O'Neil Page 1000 3080 Wagon Wheel Road Bozeman, MT 59715 COS 526 6Ce"rald D. Robertson & Marilyn M. Robertson 3120 Wagon Wheel Road Bozeman, MT 59715 i i 50 �aX s� vc o f -+U-+5 + fr e ` � t April 6, - 1983 Mr. Arthur Van' t Hul City Engineer P.O. Box 640 Bozeman, MT 59715 Dear Art, Received your letter of March 30 and will try to answer some of your questions. First on the sewer. I talked to Mr. Gene Graf several months ago about this. Any time he or the City of Bozeman wishes to extend the sewer line south I would give him or the City an easement , provided that none of the cost of constructing the extensions would be charged to me or assessed to any of my property and that we would have the right to use the sewer in the future. We do not plan to extend our sewer line any further until 1990 or later in accordance with our agreement with the Westridge property owners and our master plan approved by the City in 1982. When we do extend,--the sewer we wil:l .c:.onstruct it ourselves as we have done so far starting at Kagy. I plan to avoid creating any S.I.D.'s in Westridge Meadows. The road extension is a different matter. As you know we have kept Fairway Drive as a private road serving the Westridge Meadows P.U.D. It is very important to maintain the quality of this dev.elopment by restricting traffic through the area. If Fairway Drive became a public road serving the extensive area to the south, it would become a defacto arterial as Black St. is north of Kagy. This would seriously degrade the residential quality of the development and homeowners in Westridge would look down on a steady stream of traffic. Fairway Drive is owned by the Westridge Meadows Owners Association which is responsible for control and maintenance of the road. The creating declaration o'f the W.M.O.A. has been recorded and specifically forbids declaring Fairway Drive as a public road. In all of the planning to date Graf Street has been designated to serve Mr. Graf' s land south of Westridge Meadows. There has never been any plan based on a public road through Westridge Meadows. Mr. Graf's land to the south is in the City and is zoned R-2. For the City to have approved this annexation and zoning, the City essentially approved Graf Street as the public access. 1 The strip of land between Graf Park and the Valley'View was originally planned for more of Graf Park but still remains in Mr. Graf's ownership. I have heard that Mr. Graf currently has that up for sale as an undeveloped parcel. To develop that parcel would require a dead - ended road about 1000 feet . in length running north from Graf Street. Regulations - restridt cal-de-sac roads to 500 feet in length unless a secondary emergency access is available. Under these conditions Fairway Drive could be used as an emergency access for that development provided some physical barrier were used to stop through traffic. However, Fairway Drive will not be extended any further south until 1990 or later. Presently it terminates at the emergency access to Spring Creek. I plan to use the land south of the present end of Fairway Drive as horse pasture until we begin development of that area in 1990 or later. Hope this answers your questions. I will send copies of this letter to Mr. Mike Nash .and Mr. Gene Graf as well as John Moss and Dick Holmes. Sincerely yours, Donald K. Weaver, Jz. DKW:cc c.c. Mike Nash Gene Graf✓ John Moss Dick Holmes 2 Y= f BOZEMAIS CITY COUNTY PLANNING BOARD 35 NORTH BOZEMAN AVENUE j P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406) 586 3321 June 25, 1986 Mr. John Miller John Miller Construction 412 Bryant Street Bozeman, MT 59715 Dear John: This letter is to inform you that the City of Bozeman will require a secondary emergency only access going north from the proposed development to connect to Fairway Drive in Westridge Meadows. This road will be required to be built to standards acceptable to the Public Works Director and will be the responsibility of the developer. Sincerely, Steve Lere Planning Director dla April 6, 1983 Mr. Arthur Van' t Hul City Engineer P.O. Box 640 Bozeman, MT 59715 Dear Art, Received your letter of March 30 and will try to answer some of your questions. First on the sewer. I talked to Mr. Gene Graf several months ago about this. Any time he or the City of Bozeman wishes to extend the sewer line south I would give him or the City an easement , provided that none of the cost of constructing the extensions would be charged to me or assessed to any of my property and. that we would have the right to use the sewer in the future. We do not plan to extend our sewer line any further until 1990 or later in accordance with our agreement with the Westridge property owners and our master plan approved by the City .in 1982. When we do„ extend the sewer we will construct it ourselves as we have done so far starting at Kagy. I plan to avoid creating any S.I.D.'s in Westridge Meadows. The road extension is a different matter. As you know we have kept Fairway Drive as a private road serving the Westridge Meadows P.U.D. It is very important to maintain the. quality of this development by restricting traffic through the area. If Fairway Drive became a public road serving the extensive area to the south , it would become a defacto arterial as Black St. is north of Kagy. This would seriously degrade the residential quality of the development and homeowners in Westridge would look down on a steady stream of traffic. Fairway Drive is owned by the Westridge Meadows Owners Association which is responsible for control and maintenance of the road. The creating declaration of the W.M.O.A. has been recorded and specifically forbids declaring Fairway Drive as a public road. In all of the planning to date Graf Street has been ' designated to serve Mr. Graf' s land south of Westridge Meadows. There ha.s never been any plan based on a public road through Westridge Meadows. Mr. Graf's land to the south is in the City and is zoned R-2. For the City to have approved this annexation and zoning, the City essentially approved- Graf Street as the public access. 1 The strip of land between Graf Park -and the Valley View was originally planned for more of Graf Park but still remains in Mr. Graf's ownership. I have heard that Mr. Graf currently has that Up for sale as an undeveloped parcel. To develop that parcel would require a dead - ended road about 1000 feet in length running north from Graf Street. Regulations restrict cal-de-sac roads to 500 feet in length unless a secondary emergency access is available. Under these conditions Fairway Drive could be used as an emergency access for that development provided some physical barrier were used to stop through traffic. However, Fairway Drive will not be extended any further south until 1990 or later. Presently it terminates at the emergency access to Spring Creek. I plan to use the land south of the present end of Fairway Drive as horse pasture until we begin development of that area in 1990 or later. Hope this answers your questions. I will send copies of this letter to Mr. Mike Nash and Mr. Gene Graf as well as John Moss and Dick Holmes. Sincerely yours, Donald K. Weaver, JiZ: DKW:cc c .c. Mike Nash Gene Graf✓ John Moss Dick Holmes • F di, • 2 r BOZEMA+ CITY COUNTY �PLA MING BOARD 35 NORTH BOZEMAN AVENUE J P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406)586.3321 June 25, 1986 Mr. John Miller John Miller Construction 412 Bryant Street Bozeman, MT 59715 Dear John: This letter is to inform you that the City of Bozeman will require a secondary emergency only access going north from the proposed development to connect to Fairway Drive in Westridge Meadows. This road will be required to be built to standards acceptable to .the Public Works Director and will be the responsibility of the developer. Sincerely, Steve Lere Planning Director dla April 6 , 1983 Mr. Arthur Van' t Hul City Engineer P.O. Box 640 Bozeman, MT 59715 Dear Art, Received your -letter of March 30 and will try to answer some of your questions. First on the sewer. I talked to Mr. Gene Graf several months ago about this. Any time he or the City of Bozeman wishes to extend the sewer line south I would give him or the City an easement-, provided that none of the cost of constructing the extensions would be charged to me or assessed to any of my property and that we would have the right to use the sewer in the future. We do not plan to extend our sewer line any further until 1990 or later in accordance with our agreement with the Westridge property owners and our master plan approved by the City in 1982. When we do extend the sewer we will construct it ourselves as we have done so far starting at Kagy. I plan to avoid creating any S.I.D.'s in Westridge Meadows. The road extension is a different matter. As you know we have kept Fairway Drive as a private road serving the Westridge Meadows P.U.D. It is very important to maintain the quality of this development by restricting traffic through the area. If Fairway Drive became a public road serving the extensive area to the south, it would become a defacto arterial as Black St. is north of Kagy. This would seriously degrade the residential quality of the development and homeowners in Westridge would look down on a steady stream of traffic. Fairway Drive is owned by the Westridge Meadows Owners Association which is responsible for control and maintenance of the road. The creating declaration of the W.M.O.A. has been recorded and specifically forbids declaring Fairway Drive as a public road. In all of the planning to date Graf Street has been ' designated to serve Mr. Graf' s land south of Westridge Meadows. There has never been any plan based on a public road through Westridge Meadows. Mr. Graf's land t,o, the south is in the City and is zoned R-2. For the City to have�. a--ppraved this annexation and zoning, the City essentially approved Graf Street as the public access. 1 w 1 ; • The strip of land between Graf Park and the Valley View was originally planned for more of Graf Park but still remains in Mr. Graf's ownership. I have heard that Mr. Graf currently has that up for sale as an undeveloped parcel. To develop that parcel would require a dead - ended road about 1000 feet in length running north from Graf Street. Regulations restrict cal-de-sac roads to 500 feet in length unless a secondary emergency access is available. Under these conditions Fairway Drive could be used as an emergency access for that development provided some physical barrier were used to stop through traffic. However, Fairway Drive will not be extended any further south until 1990 or later. Presently it terminates at the emergency access to Spring Creek. I plan to use the land south of the present end of Fairway Drive as horse pasture until we begin development of that area in 1990 or later. Hope this answers your questions. I will send copies of this letter to Mr. Mike Nash and Mr. Gene Graf as well as John Moss and Dick Holmes. Sincerely yours, Donald K. Weaver, JIZ: DKW:cc C.C. Mike Nash Gene Graf✓ John Moss Dick Holmes 1 2 •� �4a. BOZEIVIfif r CITY COUNTY 'PLANNING BOARD 35 NORTH BOZEMAN AVENUE 1 P.O. BOX 640, BOZEMAN, MONTANA 59715 / PHONE: (406) 586.3321 June 25, 1986 Mr. John Miller John Miller Construction 412 Bryant Street Bozeman, MT 59715 Dear John: This letter is to inform you that the City of Bozeman will require a secondary emergency only access going north from the proposed development to connect to Fairway Drive in Westridge Meadows. This- road will be required to be built. to standards acceptable to the Public Works Director and will be the responsibility of the developer. Sincerely, Steve Lere Planning Director dla I P.O. Box 640 Bozeman, MT 59715 � BOZ�AAAN; ,' (406) 586-3321 Ext. 227 C � C February 10, 1987 Mr . John Miller Spring Meadows Partnership 618 West Griffin Drive Bozeman, MT 59715 RE: Spring Meadows Subdivision Preapplication - P-8701 Dear John: The Bozeman City-County Planning Staff has reviewed the pre- application submittal for Spring Meadows Subdivision and found the proposed subdivision to be in general compliance with the Bozeman Area Master Plan and the Bozeman Area Subdivision Regulations. Further , the Planning Staff has determined that the proposed sub- division complies with the objectives of the Planned Unit Devel- opment chapter of the Bozeman Area Subdivision Regulations and may be designated as a P.U.D. Please review the requirements of Chapter 16 . 14 , Planned Unit Development, to insure that the pre- liminary plat complies with all the appropriate requirements. The Planning Staff would like to make the following comments regarding the preapplication submittal : .X. Proposed Spring Creek Drive impacts the Flat Creek floodplain and floodway and will require a conditional Letter of Map Revi- sion (Letter of Belief) from the Federal Emergency Management Agency prior to construction plan approval . L2-1. The construction of Spring Creek Drive and/or the relocation of Flat Creek will require a 310 permit. _X The emergency access/utility easement north beyond the end of Spring Creek Drive should be shown. Minimum width is 30 feet. Ve. The City Engineer has recommended reducing the Spring Creek Drive curve radius to maximize the tangent length at the inter- section with Graf Street, while maintaining a radial intersection . Additional topography to the south would be helpful in reviewing the alignment of Graf Street. A copy of a working drawing would be sufficient. Mr . John Miller February 10 , 1987 Page 2 A Floodplain Development Permit must be obtained from the City Engineering Office for the Graf Street crossing of Mathew- Bird Creek . ,X." The multi-family Lots 1 and 2 , Block 2 may be impacted by the Mathew-Bird Creek floodplain/floodway. The location of all designated floodplains should be noted on the preliminary plat submittal . `Sy The grade of Graf Street at the western edge of the proposed subdivision exceeds the maximum allowable grade for collector streets. The grade should be reduced on the preliminary plat drawings , or a variance request should be submitted . 15. A pedestrian walkway and easement should be designated across the western tier of lots in Block 1 providing access to East Graf Park. Pursuant to City Commission policy, the location of side- walks within the subdivision and a development schedule should also be addressed in the preliminary plat application. As Spring Meadows Drive aligns with Fairway Drive, it should also be designated as Fairway Drive. The area of the road tract, Lot 14 , Block 1 , should also be designated on the plat. It should be noted that since the road will remain private property, the area may be included in the density calculations for the planned unit development. N. The title block should include a reference to the develop- ment ' s designation as a Planned Unit Development . It may simply be designated with the statement, "A Planned Unit Development" beneath the words "Spring Meadows Subdivision" . As you are aware, the Zoning Commission will be reviewing the Design Guidelines for this development. A copy of the Design Guidelines, the Property Owner ' s Association documents and the proposed Covenants should be submitted as part of the Preliminary Plat application. In particular , those documents should address the maintenance of all common space including all private roads and drives. '34,. A pedestrian easement should be provided across the southern end of Lot 14 , Block 1 to accommodate the Sourdough Trail . A review of the proposed plat indicates that 1 . 57 acres of park land has been designated for public park. Based on the 1/9th park dedication requirement, 1 . 683 acres of park land is required. The additional park land may be reserved for recrea- tional uses through the P.U.D. process or may be added to the preliminary plat submittal . Mr . John Miller February 10 , 1987 Page 3 The proposed private road exceeds the maximum allowable length for a cul-de-sac. A variance request outlining the physi- cal hardship associated with the property should be submitted with the preliminary plat application. The Planning Staff remains concerned that the present pro- posal for this development would allow nearly twice the density of dwelling units discussed in previous conversations regarding this property. The issue is of particular concern because of the single vehicular access provided to the site. This issue should be addressed in the preliminary plat submittal . 18 . Previous development in this area has been required to address pedestrian circulation improvements along South Third Avenue. Consideration should be given to the impacts of this development on South Third Avenue with regard to both pedestrian and vehicular circulation. %�k. The Planning Staff would be willing to support a partial waiver of the Environmental Assessment and Community Impact Statement if the following issues are addressed : A. Impact on designated floodways and floodplains; B. Impacts on live streams in the vicinity; C. Ground water table considerations ; D. Location and sizing of storm drainage facilities ; E. Park land location and facility development; F. Vehicular and pedestrian circulation systems; and G. Off-site traffic impacts. Please feel free to contact me if you have questions regard- ing the comments outlined above. I would welcome the opportunity to discuss these items with you or the project engineers. I hope these comments will assist you in preparing the preliminary plat application. Sincerely, Cvt CA-a-, Marcia Elkins Long Range Planning and Subdivision Administrator dla 0l zt 67 W Z i3 VA4T 1141 s L-E-T /VW E.,J 0,LZ;Gnn I T o F Yo oc,, (Li.� o �- TA,!Tt— l cc'U: as Ac,+?-EALF— Yo'I Nqj E ck''i�ivy F--fl �2 Diti1 ME . C J� 4 (' (� i -y���—c.��-7���1'��-C SST_ -�e� _s:/_� C'�� � � �' l �c l / ,t k� !: ,; �. I► �� ��, r �' R �l 1 �� �j7 • �[ 1 �pp� I� H �ir� /y f }� i +� n �I i I Mort a Vepartn erLt Of "sk9%Oddh;fe & Tarks E695 Huffine Lane Eozeman, MT 59715 April 13, 1987 Marcia Elkins Long Range Planning; Administrator Bozeman City-Countv Planning Board Bozeman, MT 59715 Dear 'Marca: We have reviEwed the - preliminary plat - for Spring Meadows Sub- division and have tre folowng comments. 1 . The proposed .relocation of Flat Creek has not been permitted as of this date by the 3allatin Conservation District. The district requires a relocation design by a qualified hydrologist prior to considering this request. If a relocation is permitted it will have to be of equal length and gradient as the ekisting stream segment. An approval of the proposed relocation would also be necessary from the Valley View Golf Club. 2. Thirty-five foot setbac'<s on Flat Creek should be included -n the . proposed relocation design. 3. We .are uncomfortable with the storm drainage system draining into Matthew Bird Spring Creek via an oil separator/sediment. tank. We have recently experienced substantial fish kills =rom toxic substances poured into the storm drainage system in the Figgins Subdivision and entering Figgins , Creek. Matthew Bird supports an excellent, wild brook trout fishery and is dese-ving of all the protection that can be offered. We would prefer to see all storm drainage be diverted into Flat Creek which has less_ fisheries potential and would have far less inplications down- stream if a toxic substanze should center the stream. Sincerely, I LeRoy ElLig Regional Supervisor LE:jh • • United States Soil Department of Conservation Agriculture Service Subject: Date: Spring Meadow Subdivision /J o Section 19, T2S R6E To: File Code: Marcia Elkins, Long Range Planning and Subdivision Administrator As noted on the plan map, part of the subdivision will be in the 100 year flood plain. It is suggested that provisions be made so that the flood plain is not restricted due to development of this subdivision. Considerations in building will need to be given due to the high water .able that exists in this area which may limit dwellings on structures from having basements or sub-surface excavation. A 310 permit will need to be obtained for the crossing of Mathew Bird Creek and Graf Street if' that exit is going to be used. If we can be of any further assistance, please notify us . P RonaV J. Nadwornick District Conservationist Soil Conservation Service O /r ` 01 4 April 6 , 1983 Mr. Arthur Van' t Hul City Engineer P.O. Box 640 Bozeman, MT 59715 Dear Art, Received your letter of March 30 and will try to answer some of your questions. First on the sewer. I talked to Mr. Gene Graf several months ago about this. Any time he or the City of Bozeman wishes .to extend the sewer line south I would give him or the City an e�a,sement , provided that none of the cost of constructing the extensions would be charged to me or assessed to any of my property and that we would have the right to use the sewer in the future. We do not plan to extend our sewer line any further until 1990 or later in accordance with our agreement with the Westridge property owners and our master plan approved by the' ' City in 1982. When we do extend the sewer we will construct it ourselves as we have done so far starting at Kagy. I plan to avoid creating any S.I.D.'s in Westridge Meadows. The road extension is a different matter. As you know we have kept Fairway Drive as a private road serving the Westridge Meadows P.U.D. It is very important to maintain the quality of this development by restricting traffic through the area. If Fairway Drive became a public road serving the extensive area to the south, it would become a defacto arterial as Black St. is north of Kagy. This would seriously degrade the residential quality of the development and homeowners in Westridge would look down on a steady stream of traffic. Fairway Drive is owned by the Westridge Meadows Owners Association which is responsible for control and maintenance of the road. The creating declaration of the W.M.O.A. has been recorded and specifically forbids declaring Fairway Drive as a public road. In all of the planning to date Graf Street has been ' designated to serve Mr. Graf's land south of Westridge Meadows. There has never been any plan based on a public road through Westridge Meadows. Mr. Graf's land to the south is in the City and is zoned R-2. For the City to have approved this annexation and zoning, the City essentially approved Graf Street as the public access. . 1 1 �i The strip of land between 'Graf Park and the Valley View was originally planned for more of Graf Park but still remains in Mr. Graf's ownership. I have heard that Mr. Graf currently has that up for sale as an undeveloped parcel. To develop that parcel would require a dead - ended road about 1000 feet in length running north from Graf Street. Regulations restrict cal-de-sac roads to 500 feet in length unless a secondary emergency access is available. Under these conditions Fairway Drive could be used as an emergency access for that development provided some physical barrier were used to stop through traffic. However, Fairway Drive will not be extended any further south until 1990 or later. Presently it terminates at the emergency access to Spring Creek. I plan to use the land south of the present end of Fairway Drive as horse pasture until we begin development of that area in 1990 or later. Hope this answers your questions. I will send copies of this letter to Mr. Mike Nash and Mr. Gene Graf as well as John Moss and Dick Holmes. Sincerely yours, Donald K. Weaver, Jz: DKW:cc c.c. Mike Nash Gene Graf✓ John Moss Dick Holmes r 2 irBOZEMA4 CITY COUNTY 1P.LANNING BOARD 35 NORTH BOZEMAN AVENUE P.O. BOX 640, BOZEMAN, MONTANA 59715 PHONE: (406) 586-3321 June 25, 1986 Mr. John Miller John Miller Construction 412 Bryant Street Bozeman, MT 59715 Dear John: This letter is to inform you that the City of Bozeman will require a secondary emergency only access going north from the proposed development to connect to Fairway Drive in Westridge Meadows. This road will be required to be built to standards acceptable to the Public Works Director and will be the responsibility of the developer. . E Sincerely, (i I Steve Lere Planning Director dla - i ,;,�OZBIAAN�fir;+ �CITY=O00NTY��, PLdANMIMGLBOAt�a: MEMORANDUM TO: RICHARD HOLMES , PUBLIC SERVICE DIRECTOR PHIL FORBES , CITY ENGINEER CLINTON GEE, SUPERINTENDENT OF STREET AND GARBAGE FRED SHIELDS, SUPERINTENDENT OF SEWER AND WATER DAN FIGGINS , FIRE MARSHALL GEORGE TATE, CHIEF OF POLICE JERRY WELLS, FISH, WILDLIFE AND PARKS RON NADWORNICK , SOIL CONSERVATION SERVICE JOHN MCNEIL, SUPERINTENDENT OF PARKS AND CEMETERY SUE HARKIN, RECREATION DIRECTOR FROM: MARCIA ELKINS LONG RANGE PLANNING AND SUBDIVISION ADMINISTRATOR DATE: APRIL 8 , 1987 RE: PRELIMINARY PLAT AND P.U.D. APPLICATIONS FOR SPRING MEADOW SUBDIVISION ----------------------------------------------------------------- Attached please find copies of the submittal information which has been provided as part of the preliminary plat and P.U.D. applications for Spring Meadow Subdivision. The devel- opers, Spring Meadow Partnership, are requesting to develop 18 .6 acres of land south and east of Graf Park. The proposed subdivi- sion would create 27 lots. The Planned Unit Development would create Design Guidelines for future development. In addition, a congregate living development is proposed for location on the property. The application has requested a density bonus to allow 6 .72 dwelling units per acre in the "R-2" (Residential - Medium Density) zoning district. A total of 125 dwelling units are proposed for the site. Please review the enclosed materials . A preliminary staff . meeting to discuss the proposed development is scheduled for Tuesday, April 14 , 1987 at 8 : 30 a.m. in the Carnegie Building . The submittal materials and your written comments should be returned to the Planning Staff by Friday, April 17 , 1987 . Your assistance in reviewing this proposed development is appreciated . dla Enc. or rAJ t a -,- -- ----�-1- -� ---- --� _. _._. :- ;y ,. ' .. � � _ _ _ ' ' - � -�__�yc-.--.- — �r- -----^— ---- .l i -- € --— — y. i r ` . — i r f �. - y� '{ _ - \ • a f .� _...� _ ,.� e i'�; r SPRING MEADOWS INTRODUCTION The Spring Meadows PUD has been planned to create a high quality mixed use community situated adjacent to Graf Park and Valley View Golf Course. The planning of Spring Meadows is based on the philosophy that in order to endure a high quality of living, a cohesive residential community must be created within a mixed-use environment . The attention to detail , the site planning sensitivity and the basic design tenets all contribute to a well planned, exceptional project. To this end, PUD zoning has been utilized to create a community with a wide range of unit types that maintains the integrity of each through land use transitions and the use of landscape and natural separations. The layout of various residential densities has been designed based on the site ' s natural features amenities and the various unit types ' ability to "fit" these features . Consideration of man-made features such as major roadways , intersections and adjacent land uses has further defined the use areas of Spring Meadows. SITING CONSIDERATIONS The "Parkside" single family detached areas, intended for large homes on large lots (8, 550 min) , lend themselves to siting adjacent to the golf course and Graf Park. The expensive nature of these homes allow uniqueness in landscaping and taking advantage of the adjacent amenities . The ability to blend the patio home concept into this area increases the open feeling, utilizing a zero lot line approach. The single family estate area is intended for even more exclusive custom homes with large 11, 000 plus lots that incorporate intense site landscaping to create an exclusive area conducive to this type of home . The multi-family areas are planned in siting locations that take advantage of natural swales and vegetation with the Sourdough Nature Trail being incorporated within these areas. This linear park has been widened to 80 ' to allow more landscaping to be incorporated to create a buffer between the living units and the park, adding to the separation of the areas. Open space and park areas must provide a variety of opportunities to meet the broad range of requirements of their users . Locations near waterways add variety in plant and animal species . Open space and park locations must also allow maximum access ability to users via transportation trail corridors to achieve 1 w optimum use potential , to both the residents and the public use of Graf and Sourdough parks. ADJACENT LAND USES The land uses adjacent to Spring Meadows have been considered as a major factor in developing the proposed Master Plan for the community. Single Family residential areas adjacent to Graf Park to the west have been extended eastward through the design of Spring Meadows. The parkside single family lot area corresponds with the large lot subdivision existing to the west Graf Park provides an effective transition between these existing residential uses and those proposed for Spring Meadows. To the south of Spring Meadows , adjacent land uses are effectively separated visually and physically by the natural topography vegetation, landscaping and park locations. The eastern boundary of the site is defined by the Valley View Golf Course. The north boundary adjoins a planned multi-family project. Transition is achieved by locating the largest of the Parkside single family lots adjacent to this future development. LAND USE PLAN The natural site features and siting requirements of the proposed land uses, combined with consideration of compatibility with adjacent land uses have provided the initial framework for development of the proposed land use plan. Compatibility between land uses , site circulation and open space opportunities were considerations added to this framework to further define site planning criteria. Parkside Detached The residential areas designated for Parkside Single Family Detached homes have been located in the northern portion of the site . Current plans call for large lots affordable to custom home buyers. Lot sizes with a minimum width of 100 ' have been designed to accept the large custom home. The lots back either onto Graf Park or Valley View Golf Course presenting a choice of location according to personal taste as viewed to the two amenities. Development of flat creek, in conjunction with the Montana Department of Fish & Game, into a fish habitat creates a unique amenity to those lots that adjoin it on the east. Spring Meadows 2 0 0 drive ends in a cul-de-sac with emergency only access to the north that maintains the exclusiveness and privacy of the area. Proposed landscaping along Graf Park will soften the impact of the development on Graf Park and on the views of existing homes . This landscaping will also serve to define the property line to the west between Graf Park and Spring Meadows. Planting that will vary from within Spring Meadows to within Graf Park will offer variation in the look of this buffer and will keep from a "shelter-belt" look. Single Family Estate Single Family Estate lots have been planned for the site north and east of Graf Street, adjacent to the Sourdough trail and Valley View Golf Course and south of the Parkside area. Larger, more expensive homes are planned to fit the topography and adjacent amenities in this area . Access limitations prevent these homes from encroaching on the northern property line providing an effective transition form this area to the Parkside lots proposed to the north. And the multi family uses to the south. Views to the north, east further enhance the character of this neighborhood. Multi-family Multi-family uses have been proposed as the souther edge of residential development. These proposed units are intended as a transitional use between the Single Family homes to north and future developments to the south. The Multi-family areas have been provided to create an alternative to Single Family Detached living within the Spring Meadows community. Stringent setback and landscape buffering standards have been instituted within the Spring Meadows Design Guidelines to ensure a proper transition between Single Family uses to the north. Traffic impacts on adjacent neighborhoods have been minimized by siting close to collector access (Graf Street) . SITE ACCESS The Spring Meadows community is located in an area that provides excellent access opportunities not only for the immediate subject site , but for the entire Bozeman community. The extension of Graf Street continues the master planned collector connection through to Sourdough road from the existing Graf street right- of-way which currently extends as far east the Spring Meadows property boundary. In addition, development plans call for an emergency access improvement to the north. 3 t EASEMENTS The existing main water line is incorporated into public street and park areas to minimize maintenance problems. Sewer and water extension are planned to follow Spring Meadows Drive and connect with current extensions in the Fairway Drive are to the north. PROJECT PHASING Project Phasing is proposed to occur generally from north to south. Parkside Single Family Detached areas in the north portion of the site are anticipated to be the first to be developed. In conjunction with the first phases of homesite development , Graf Street has been proposed for construction through to the south property line. A five year build-out is projected for Spring Meadows. Phasing will be accomplished only as the market dictates as all improvements are proposed to be installed at one time. PROJECT FINANCING Financing of public improvements within arterial and collector rights-of-way are currently proposed to be provided by SID. Improvements would include street construction only. Landscaping and drainage facilities within rights-of-way, off-site water improvements , - Spring Meadows Drive, Billion Place, and on site infra structure have been proposed as a developer expense. 4 City-County 9=Count Planning Board April 6, 1987 Page Two If you should have any questions on the enclosed submittals or requests for variances , please contact our office. Thank you. Sincerely, ° SANDERSON/STEWART/GASTON ENGINEERING, INC. gA Dennis L. Foreman DLF/jac enc: o 0 6 6 Sanderson/Stewart/Gaston A Engineering, Inc. �s e' April 6, 1987 W.O. #86-512 City County Planning Board P. 0. Box 640 Bozeman, MT 59715 ATTN: Steve Lere RE: Preliminary Plat & P.U.D. Submittal on the Proposed Spring Meadows Subdivision Dear Steve: Enclosed please find an application for preliminary plat review for the proposed Spring Meadows Subdivision, along with an application for review of this project as a Planned Unit Development. We have included twenty-five copies of the submittal for distribution and review. We would like to request consideration for a density bonus and a variance on the allowable length of Spring Meadows Drive from 500 feet to approximately 1100 feet. Because of the nature of this development and the one to the north, it is preferred not to allow a through street to Kagy. The owner to the north has agreed to allow for a thirty foot-wide utility and emergency access easement through his property to connect with Fairway Drive, but is very adamant about allowing through traffic. We would also like to request consideration be given to reducing the 35 foot setback off of Flat Creek, at the north end of the pro- ject, to 10 feet. We have been in contact with the S.C.S. and Fish, Wildlife & Parks people about the relocation of this stream. It has been stated by the Fish, Wildlife & Parks biologist that Flat Creek as it now exists is not capable of supporting fish, but could be improved to provide a fish habitat. It is our proposal that we work with the Fish, Wildlife & Parks people to develop a suitable fish habitat during the relocation of the stream and provide the necessary landscaping and planting to offset as much as possible the adverse affects of reducing the 35 foot setbck. Consulting Engineers and Land Surveyors Billings office: Bozeman office: Suite 200 Creekside 2010 North 7th-Suite B 1001 South 24th Street West P.O. Box 861 Billings, Montana 59102-3091 Bozeman, Montana 59715-0861 406-656-5255 406-586-0588 RECEI , Date — 7 19•`1 9039 Received From �� a � sFIE Address y a� ati aI'd e Ila` s ^---, Dollars $j oo/ — For i 7 — ACCOUNT HOW PAID AMT.OF CASH ACCOUNT /p N� u -Y 7 r 0 AMT.PAID CHECK !MANGE MONEY By DUE ORDER - 8K802 RWFORM, r BOZITY-COUNTY PLANNING BOARD BOZEMAN MUNICIPAL BUILDING - BOZEMAN MONTA f 406/586-3321 PRELIMINARY PLAT APPLICATION NOTE: Please print or type. Applications will not be accepted by mail. The applicant(s) or their representatives must be present at all public hearings. Major Subdivision X _ Minor Subdivision__ (We) , Sprinq Meadows Partnership hereby make application to the City-County Planning Board for preliminary plat review and approval of the accompanying plats and data for SUBDIVISION Spring Meadows Subdiyisiomhich information is attached hereto and made a part hereof, in accordance with Sections 2 and 3 of the Bozeman City-County Planning Area Subdivision Reg::lations. The following are pertinent .`acts with respect to tho pro- posed land division: 1. Name. and address of owner(s) Spring Meadows, Partnership 6.18 W. Griffin Drive; BozeinanyMT 59715 _Phone 586-7904 2. Name and address of applicants) Same as above Phone 3. Name and address of Subdivider (if other than owner) 4. Name and address of surveyor Sanderson/Stewart/Gaston Engineering, Inc. , 2010, N. 7th Ave. , Bozeman, MT 59715 Phone 586-0588 5. Location of property/street number C/$ 819A & a portion of Legal description Grafls 4tl1. Annexation in Sec. 19, T.2S. , ME. , P.M.M. 6. Total acres 18.,6 Total number of lots proposed 27 Gross 18.6 acr _. NeC 14.4 acre 7. School District {! 7 8. Date of preapplication approval Fphrna i::�z1 1987 9. I (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. APPLICANT'S SIGNATURE: DATE: 10. I (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) knowl dge and belief, ! true and correct. OWNER'S SIGNATURE: DATE: