HomeMy WebLinkAbout638300220683669520) Z-02231 Walton Homestead
Preliminary Zoning PUD Submittal
E of 19th,N of Durston,S of Oak
Gene Cook/Durston Development
October Z1 Z002
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Walton Homestead P.U.D.
Preliminary Plan Submittal
TABLE OF CONTENTS
Pages
Section 1 Project Description 1-7
Figures 1-3 — Site Photographs
Figure 4 — Conceptual Site Plan
Figures 5 & 6 — Enlarged Concept Site Plan
Section 2 Required Documents
a) Copy of Application Forms
b) List of Applicants & Owners
c) Legal Description of Site
d) Certified Property Owners
Section 3 Statement of Compliance with
Bozeman 2020 Community Plan 1-5
Section 4 Statement of Compliance with
Bozeman Zoning Code Section 18.54.100
Section 5 Architectural Guidelines 1-26
Article I — Introduction
Article II — Design Goals
Article III — Residential Design Requirements
Article IV - Commercial Design Requirements
Article V - Plan Submission Requirements
Section 6 Declaration of Covenants, Conditions
and Restrictions 1-15
Section 7 Project Schedule 1-1
Section 8 Site Plan and Supplemental Maps
a) Site Survey Drawing
b) Site Master Plan
c) Conceptual Site Plan
d) Site Calculation Drawings (3)
e) Street Cross Sections
f) Conceptual Building Elevations
g) Conceptual Landscape Plan
Supplemental information is included in attached booklet prepared by Rocky Mountain Engineers.
Walton Homestead P:U.D.
Table of Contents
Page 1 of 1
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Walton Homestead P.U.D.
Project Description
Preliminary Plan Submittal
The following outline provides a brief description of the proposed Walton Homestead project. It
is our intent to keep the information on a preliminary level and only discuss key aspects of the
project. Where the proposed design differs from current Bozeman Zoning Code requirements,
we will identify the differences and explain how our design satisfies the requirements.
1. Project Description: Walton Homestead is a mixed-use Planned Unit Development
located within Bozeman city limits. The project includes single-family homes, multi-family
townhomes, multi-family apartments, commercial office and commercial retail. Due to its
location, the project represents a true urban infill project. As conceived the development
will become a transition from the predominantly residential area along Durston Road, the
southern boundary, to the commercial character along West Oak Street, the northern
boundary. The project design emphasizes this transition.
.• 2. Site Design:
a. Description of existing land uses and characteristics: The project encompasses a
little over 37 acres. The site is bounded on the South by Durston Road and on the
North by West Oak Street. To the East along Durston is the Gallatin County
Nursing Home. To the West along Durston are single-family homes and the entry
to an existing trailer park, which extends to Oak Street. North of the Gallatin
County Nursing Home is open land, which is currently used for agricultural
purposes.
Along the South boundary three single-family residences currently occupy the
property. Two of the existing properties will become part of the project. One
structure will be removed; one will be relocated on the property and renovated.
The third, which also operates a day care center, will remain.
The majority of the property is currently open land used for agricultural purposes.
The land slopes gently from the South to the North with one abandoned drainage
ditch that serves as overflow storm drainage. This drainage ditch will be re-routed
as part of the project.
The only significant vegetation on the site is a series of mature pine trees along the
South property boundary. A number of these trees are dead or dying and will be
removed. Where possible the healthy trees will be maintained and become part
of the landscape buffer along Durston Street.
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"�. (Please see site photographs Figures 1-3).
Preliminary P.U.D. Application
Project Description
Page 1 of 7
b. Description of adjacent land uses: To the South of the subject property is primarily
residential neighborhoods. Bozeman Senior High School and Chief Joseph
Middle School are within on-half mile of the site to the Southeast.
Directly to the West is an existing mobile home development. This facility extends
from Durston to Oak Street. North 19" is within one-half mile to the West.
East of the project site is currently open land currently used for agricultural
production. The Gallatin County Nursing Home is adjacent to the property on the
South boundary. Further East is a multi-family housing development. North Ph is
within one-half mile to the East.
North of the project site is currently open land currently used for agricultural
production. To the Northwest is the Bridger Peaks commercial center. To the
Northeast is a commercial office complex currently under construction.
(Please see site photographs Figures 1-3)
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Preliminary P.U.D.Application
Project Description
Page 2 of 7
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c. Site Design Concepts:
i. Organization: The project has been designed as a transition between the
residential neighborhoods South of Durston Road and the commercial
development along West Oak Street. The residential uses are comprised
of single-family homes, multi-family townhomes and apartments. The
single family and townhome elements are located closer to the residential
neighborhoods to the south. The apartment units are the transitional
element between the residential and commercial uses. We are also
proposing a limited number of loft type living units integrated into the
commercial component.
To achieve necessary densities the single family and townhome
components are arranged to maximize site efficiency. Conceived as
affordable units (priced between $110,000 and $140,000) the home's
footprint and lot size will be smaller than City of Bozeman Planning
standards. (Please see Architectural Design Guidelines—Section 5). In
addition, the lots are arranged to utilize zero lot line conditions for the
garage structures. This necessitates access agreements between adjacent
property owners for maintenance of the garage. (Please see Covenants,
Conditions and Restrictions—Section 6).
The single family and townhome units are arranged to locate garage
entrances either off an access alley or private access street wherever
• possible. Garages fronting on North 151h Avenue are discouraged. Where
garages are required to front on North 151h Avenue, the garage entrance
is required to be recessed from the front of the structure to maintain the
pedestrian character of the street.
Commercial uses are arranged to enclose surface parking wherever
feasible. The structures will address the adjacent streets and provide
entrances facing the streets to create interaction with the streets to create a
pedestrian flavor to the area.
Structures facing West Oak Street will address the street with a pedestrian
plaza. The ground floor of these structures will provide primarily retail
uses to create a pedestrian zone along the West Oak frontage.
The site is organized to maximize useable outdoor space. The commercial
structures and parking areas are organized to create pedestrian zones and
nodes along central pedestrian circulation paths. The pedestrian corridor
links open space between structures and will allow occupants to traverse
the commercial complex with minimal interaction with vehicular traffic.
The residential uses are arranged to enclose 'pocket parks' and create
outdoor spaces between structures with common outdoor areas.
Residential outdoor spaces are designed to be visually controlled by
neighboring homes providing a controlled area for children to play
adjacent to their homes.
Preliminary P.U.D.Application
Project Description
Page 3of7
• In addition to the 'pocket parks' the complex provides a dedicated public
park near the center of the project. This 1.1-acre park is designed as a
public use open space, which will provide picnic areas, open play areas
and a children's 'tot-lot'.
(See attached preliminary plan Figure 4)
ii. Types of Uses Anticipated: As mentioned above the development will be
comprised of single and multi-family residential units along with a
commercial office / retail component.
The residential component will include single-family homes, multi-family
townhome and apartments units. The project includes 51 single-family
homes, 70 multi-family townhomes and 86 apartment units. The current
design calls for 30 of the apartment units to be integrated with the
commercial office / retail uses. The final number of units has not been
determined at this time, but will not exceed thirty.
The commercial component will be largely commercial office space. In
addition a small portion of the complex will be retail uses. The current
design includes approximately 95,000 sf of commercial office space and
15,000 sf of retail space. At this time it is anticipated these retail uses will
include copy center, mailing center, coffee shop/deli, etc. The retail
component will be located in structures fronting on West Oak Street as well
• as structures interior to the commercial complex.
iii. Phasing: The project will be developed in three phases. The first phase
will include the development of North 151h Street along with all uses west of
North 151h Avenue. It is anticipated Phase One will begin in March of
2004 with construction of site utilities and streets. General construction will
begin in summer of 2004.
Phase two will include the single-family homes and townhomes west of
North 151h Avenue extending to Juniper Street. This phase will include the
construction of Juniper Street to its connection to North 10 Avenue. This
work is planned to begin in June of 2005 at the earliest.
Phase three will include all remaining development, including the
construction of North 141h Avenue. This phase is scheduled to begin
summer of 2006 at the earliest.
The developer has set these time goals as a target. The actual timeframe
of development will be driven by demand and may vary from the dates
discussed above. The dates shown should be considered the earliest
timeframes for construction of each phase.
(Please see attached phasing plan)
Preliminary P.U.D.Application
Project Description
Page 4 of 7
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S�n !,e Family Homes-51 Units [:3 Single Family Homes
Apartments-56 stand alone units C] Multi-Family Townhomes
Office_-Approx. 000 sf [3 Multi-Family Apartments
Comm. Retail Approx. 000 sf CE Mixed Use Commercial w/Apartments
Total Site Area-37.37 Acres 0 Mixed Use-Commercial
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ConceptDedicated Park Area-2.56 Acres
EM A R C H I T E C T S
• iv. Street Design: Three new public streets will be constructed as part of the
project. North 151h Street will be extended from its current termination at
Durston to Oak Street. North 141h Street will be constructed as local access
road from West Oak to Juniper Street. Juniper Street will be constructed
across the project site from its connection to North 14"to its intersection
with North 15'h.
North 151h will have a pavement section 47 feet wide with a total R.O.W.
width of 71 feet. This will allow for two lanes of traffic, two bicycle lanes
and parking on both sides of the street.
North 14'h and Juniper Streets will have pavement 38 feet wide with a
R.O.W. width of 60 feet.
Walton Way, Jessie Street, Roy Street and Mae Street will be constructed as
private streets serving the residential complex. As private access streets,
Walton Way, Roy Street, Jessie Street and Mae Street will not be
constructed to City of Bozeman standards. The pavement width will be 30
feet.
It is anticipated all public access roadways will have on-street parking on
both sides. Walton way will have parking on one side only.
Access to private parking for a number of condominium units will be from
• a private access alley. This alley is designed to be 20 feet wide with a 6-
foot minimum setback to the garage entries. This alley way will be paved
and privately maintained.
v. Parking Philosophy Throughout the complex parking areas have been
located to the interior wherever feasible. This allows the structures to
create an active streetscape adding to the character of the neighborhood.
For parking calculations we have modified current City of Bozeman
standards to slightly reduce the residential and commercial office
requirements. In addition, we have included two modifications to increase
site efficiency and emphasize alternate transportation.
For residential units, the City of Bozeman Zoning Code requires three
parking stalls for two and three bedroom units. We are proposing one
stall per bedroom. As currently allowed, we also promote use of on-street
stalls on directly adjacent frontage to be included as part of the total
parking provided.
For commercial office space the current City of Bozeman Zoning Code
requires one stall for every two hundred fifty gross square feet of office
space. We propose reducing that requirement to one stall for every three
hundred gross square feet of space. In addition, contrary to the current
zoning requirements, we will allow 50% of the on-street parking spaces on
directly adjacent street frontage to be included as part of the total parking
provided. We are also suggesting an allowance of one parking stall per
Preliminary P.U.D.Application
Project Description
Page 5of7
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EMT A Y L O R H A N S O N K A N E Walton Homestead P.U.�.
A R C H I T E C T S Concept Plan
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m D R A w I N G: CONCEPT. STREET SECTIONS
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n OWNER: GENE COOK & JIM McLEAN 2 SOZEMAN,MONTANA
Z D PROJECT
NUMBER
WA.LTO N HOMESTEAD DRAWING FILE: SITE/0116SD_CONCEPT PRINT DATE: NOV.30,2002 0116
BOZEMAN,MONTANA
• •
• every four indoor secure bicycle storage spaces provided to a maximum of
four per structure.
For retail and other uses, we will be utilizing the City of Bozeman Zoning
standards.
(Please see the Architectural Guidelines section for detailed description of
the proposed modifications to the parking requirements).
Site Utilities: Water and sewer services will be tied to City of Bozeman
infrastructure. The main water and sewer lines will be routed in the North
15'h R.O.W. All services will be designed and installed per City of
Bozeman requirements.
(Please see attached preliminary utility drawing).
3. Architectural Concepts:
a. Residential Components: The residential components of the project are intended
to be affordable in nature. The units will be small,typically two bedroom units
varying from 900 — 1700 square feet. The single-family homes and town homes
are targeted at first time homeowners, single parent families, or elderly individuals
looking to downsize.
The apartment structures will also be smaller, typically two bedroom units. The
target rental rates will be commensurate with typical Bozeman rents. The final size
and mix of units has not been determined at this time.
Parking areas have been located to the interior, allowing the structures to address
the street, creating a residential streetscape and neighborhood aesthetic.
Throughout the residential development 'pocket parks' and open space between
buildings are emphasized to provide areas for children to play within eyesight of
their home.
The structures will be a maximum of two stories in height. The architectural
character will be reminiscent of small cottages and bungalow structures prevalent
in the historic south side neighborhoods. The inclusion of street facing porches
will be encouraged to add life to the streetscape and create the sense of
neighborhood.
(Please see character sketches included in the Architectural Guidelines section).
b. Commercial Components: As mentioned previously, the commercial component
of this project will be located on the northern portion of the site. The structures will
be arranged to address the adjacent streets. All structures will be required to
provide entrances addressing the streets to encourage pedestrian access and add
activity to the streetscape. Structures facing West Oak Street will be arranged to
create a pedestrian plaza facing West Oak Street. Commercial office space will
comprise approximately 85% of the developed square footage with the remainder
being retail uses.
Preliminary P.U.D.Application
Project Description
Page 6of7
• 0
The character of the structures will be appropriate for the area, and will
complement existing commercial construction along West Oak Street. Sloped
roofs will not be required, allowing variation in building form and a more
commercial aesthetic. Materials will emphasize commercial materials and include
brick, stone, exposed steel, synthetic stucco, etc.
(Please see character sketches included in the Architectural Guidelines section).
4. Landscape Concepts:
a. Pedestrian Access: Primary public pedestrian access will be provided through the
site along North 151h Avenue. City standard walkways will be installed on both
sides of North 151h along with bicycle lanes on both sides of the street. Private
walkways will be provided through both the residential and commercial areas
allowing access to North 151h and leading to the central public park.
b. Open Space Organization: With the different components included in this
project, the open space is varied.
In the private residential areas 'pocket parks' are provided in addition to the
private yards. These 'pocket parks' allow small visually controlled play areas for
children directly adjacent to their homes.
Located centrally in the complex, a larger public park is provided. This park is
situated to be equally accessible from the commercial area as the residential area.
. This dedicated park will provide open play area, picnic tables and a small
structured children's play structure.
In the commercial area, we are providing a variety of smaller landscape nodes
and open spaces dispersed along the pedestrian spine. These open areas are
designed to promote pedestrian movement between buildings and will provide
quiet sitting areas to enjoy the outside.
c. Landscape Design Philosophy Landscaping will utilize indigenous materials in a
natural way. Residential landscaping will be arranged in an informal way creating
a flow along the pedestrian walkways and buffers between buildings. Commercial
landscaping will be somewhat more structured, but will retain the natural
character of the landscape areas.
d. Street Trees: Street trees will be installed per City of Bozeman standards.
e. Public Parks: A centrally located public park is provided for all occupants of the
development and the general public. This park will provide open space along
with structured play areas and picnic facilities.
As mentioned above a series of smaller 'pocket parks' will also be provided
throughout the complex. These parks will also be dedicated open space and are
available to the general public.
• (Please see attached site plan drawings).
Preliminary P.U.D.Application
Project Description
Page 7of7
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Key Design Concepts:
Buildings Address Street — Emphasize Streetscape Develop Pedestrian system Through Complex
Buildings Address Oak Street — Ped. Streetscape Provide Multiple Pedestrian ways to Park
Parking Internal to Minimize Impact Include Apartment Units on Upper Level
Maximize On-street Parking Provide for Storm Water System
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T A Y L O R - HANSO N ■ K A N E Walton Homestead P.U.D.
A R C H I T E C T S Concept Plan d North
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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
• ALFRED M.STIFF PROFESSIONAL OFFICE BUILDING-20 EAST OLIVE STREET
P.0.BOX 1230,BOZEMAN,MONTANA 59771-1230
(406)582-2260,FAX(406)582-2263
CONDITIONAL USE PERMIT APPLICATION
FOR A PRELIMINARY PLAN P.U.D.
-----------------------------------------------------------------------------------------------------------
Certain uses,while generally not suitable in a particular Zoning District,may,under certain
circumstances,be acceptable. When such circumstances exist,a Conditional Use Permit may be granted
subject to certain conditions, The permit is granted for a particular use and not for a particular person or
firm. No Conditional Use Permit shall be granted for a use which is not specifically designated as a
conditional use in the subject district regulations of the Bozeman Zoning Ordinance.
This review will also include a review for Certificate of Appropriateness,if applicable. Deviations and/or
variances will be processed concurrently. Additional submittal materials apply.
-----7----------------------------------------------------------------=------------------------------------
I. Name and mailing address of property owner: Oakway LLC,2066 Stadium Drive,Suite 101,
Bozeman,Montana 59715 Phone: (406)582-0027
2. Name and mailing address of applicant: Mr.Gene Cook.representing Durston Development
Corporation.2066 Stadium Drive,Suite 101,Bozeman,MT 59715 Phone: (406)587-2322
3. Name and mailing address of representative: Bill Hanson,Taylor Hanson Kane Architects, 101 E.
Main St.,Studio One,Bozeman,Montana 59715 Phone: 406 586-7020
4. Name and mailing address of Engineer/Architect/Planner: Same as Three(3)above.
Phone:
• 5. Name of project/development:Wahon Homestead P.U.D.
6. Address of proposed.development:
7. Legal description: Tracts 1-4 of Certificate of Survey No.285 and that parcel described in Book
144,Page 373 located in the SW 1/4 Section 1 T15 R5E P M M City of Bozeman,Gallatin
County,Montana.
8. Current Zoning R-3/R-0 Land Area: sq.ft.or 37.375 acres
9. Describe the.proposed development(use additional sheets if necessary):See Attached
Information.
10. Review Fee: $660.00 plus$6.00 per residential unit and/or$4.00 per 1,000 sf gross leasable non-
residential floor area $660.00+$1242.00+$440.00= $2,342.00
This application must be accompanied by appropriate fee and twenty(20)copies of a completed site plan
(see submittal requirements)drawn to scale on paper not smaller than 8'h"x 1 I"or larger than 24"x 36",
folded in individual sets not smaller than 8%"x 11"or larger than 8%"x 14"in size. Application
deadlines vary..This application must be signed and dated by each applicant and property owner(if
different)before the submittal will be accepted.
I(We)hereby certify that the above information is true.and correct to the best of my(our)knowledge.
tS Date:9 iy.2 Date:'4�D%?
• A plicant's Signature V Property Owners Signature
PUD.PREL PLAN APPLICATION AND SUBMITTAL REQ September 2002
• CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
ALFRED M.STIFF PROFESSIONAL OFFICE BUILDING-20 EAST OLIVE STREET
P.O.-BOX 1230,BOZEMAN,MT 59771-1230
(406)582-2360. FAX(406)582-2363
PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAN SUBMITTAL REQUIREMENTS
Applicant Durston Development Corporation Date:9-7-2002 Residential PUD X
Project Walton Homestead P.U.D. Commercial PUD X
The following is a checklist of submittal requirements for all Planned Unit Development(PUD)
Preliminary Plans. The applicant must complete this checklist and submit it along with the items listed for
the application to be considered complete. Any item checked"NO"or"N/A"(not applicable)must be
explained in a narrative attached to the checklist.
Upon submittal,staff will review the checklist and determine if the application as submitted is
complete. If so,it will be placed on the Development Review Committee(DRC)and Design Review
Board(DRB)agendas,followed by a City Planning Board review. Incomplete submittals will be returned
to the applicant.
1. Document Requirements YES NO N/A
The following information shall be presented in an 8%z x 11"vertically
bound document. The document shall be bound so that it will open and
• He flat for reviewing and will be organized in the following order:
A. Application forms; X
B. A list of names of all general and limited partners and/or officers and
directors of the corporation involved as either applicants or owners of the
PUD; X
C. Legal description of the site; X
D. Adjacent property owners:
1 A copy of the list of the names and addresses of record of real
property within 406'of the property lines of the parcel of land
for which the PUD is proposed,exclusive of public r/w; X
2 The original list shall be included in the document; X
3 Names and addresses shall be included on plain(no return address),
#10(4-1/8"x 9-1/2"),stamped envelopes; X
E. A statement of planning objectives,including:
(1) Statement of applicable City laud use policies and objectives
achieved by the proposed plan and how it furthers the
implementation of the Bozeman Area Master Plan; X
(2) Statement of proposed ownership of public and private open
space areas and applicant's intentions with regard to fidure
• ownership of all or portions of the PUD; X
PUDPREL PLAN APPLICA-noN AND SUBNMAL REQ September 2002 2
• YES NO N/A
(3) Estimate of number of employees for business,commercial,and
industrial uses; X
(4) Description of rational behind the assumptions and choices made
by the applicant; X
(5) The applicant shall submit as evidence of successful completion of
the applicable Community Design objectives and Criteria of
Section 18.54.100,documentation pursuant to these regulations
for each proposed use;the applicant shall submit written explanation
for each of the applicable objectives or criteria as to how the plan
does or does not address the objective or criterion;the Planning
Director may require,or the applicant may choose to submit,
evidence that is beyond what is required in that section;any
variance from the criterion shall be described; X
(6) Detailed description of how conflicts between land uses are
being avoided or mitigated; X
(7) Statements of design methods to reduce energy consumption,
(e.g.-home/business,utilities,transportation fuel,waste
recycling); X
F. A development schedule indicating the approximate date when construction
of the PUD,or stages of the same,can be expected to begin and be
completed,including the proposed phasing of construction of public
• improvements and recreational and common space areas; X
G. Reduced versions of all preliminary plan and supplemental plan maps and
graphic illustrations at 8'/2 x I I"or 11"x 17"size. X
2. Site Plan Requirements YES NO N/A
The site plan of the proposed development drawn at a scale not greater than
1"= 40'or less than 1"=100;and composed of one(1)or more
sheets not larger than 24'x 36",showing the following information:
A. Name of project/development; X
B. Location of project/development by street address; X
C. Location map;including area within one(1)mile of site; X
D. Name and mailing address of developer/owner; X
E. Name and mailing address of engineer/architect; X
F. Date of plan preparation; X
G. North point indicator; X
H. Location of municipal and extra-territorial boundaries within or near
the development; X
• I. Listing of specific land uses being proposed; X
J. Parcel sizes)in gross acres and square feet; X
PUD.PREL PLAN APPLICATION AND SUBIvMAL REQ September 2002 3
0
• YES NO N/A
K. Total number,type,and density per type of dwelling units; X
L. Total gross residential density and density per residential parcel; X
M. Estimated total floor area and estimated ratio of floor area to lot size
(Floor Area Ratio,FAR),with a breakdown by land use; X
N. Proposed coverage of buildings and structures for parcel(s)and total site,
including the following:
(1) Percentage and square footage of building coverage; X
(2) Percentage and square footage of driveway and parking; X
(3) Percentage and square footage of public street r/w; X
(4) Percentage and square footage of open space and/or
landscaped area; X
(5) Percentage and square footage of Active recreational use area; X
O. Number and location of off-street parking,including guest,handicapped,
bicycle and motorcycle parking,with typical dimensions of each; _X_
P. Topographic contours at two-foot intervals,unless differently permitted
by the Planning Director; X
• Q. Watercourses,water bodies and irrigation ditches; X
R. Floodplains as designated on the Federal Insurance Rate Maps; X
S. Unique natural features,significant wildlife areas and vegetative cover,
including existing trees and shrubs,having a diameter greater than 2'/z,
by species; X
T. Tentative location and floor area of existing and proposed buildings; X
U. Boundary and square footage of each area designated as active
recreational use; X
V. Location and acreage of common open areas and all public and semi-public
land uses,including public parks,recreational areas,school sites,and
similar uses; X
W. Location of existing and proposed pedestrian circulation system,indicating
the proposed treatment of points of conflict; X
X. Maximum building height of all structures; X
Y. The existing and proposed circulation system of arterial,collector and
local streets,including off-street parking areas;service areas;loading
zones;and major points of ingress and egress to the development;
notations of proposed ownership,public or private,should be included
where appropriate; X
PUDPREL PLAN APPLICATION AND SUBMnTAL REQ September 2002 4
YES NO N/A
• Z. Existing zoning; X
AA. The proposed treatment of the perimeter of the PUD,Including materials
and techniques used,such as screening,fences,walls,and other
landscaping; X
BB. Proposed signage,with locations and illustrative examples; X
CC. Adjacent site information:
Area shown on the site plan shall extend beyond the property lines of the
proposal to include a survey of the area and uses within 200'of the
proposal,exclusive of public r/w at the same scale as the proposal
and including the following: X
(1) Land uses-and location of principle structures; X
(2) Densities of residential uses; X
(3) Existing trees and major features of landscape; X
(4) Topographic contours at two-foot intervals,unless differently
permitted by the Planning Director; X
(5) Traffic Circulation System; X
DD.Supplemental vicinity map:
Vicinity map of the area surrounding the site within a distance of at least
• one(1)mile showing:
(1) Zoning districts; X
(2) Location of municipal boundary lines; X
(3) Traffic circulation system; X
(4) Major public facilities including schools,parks,trails,etc.; X
EE. Attorney's or owner's(s')certification of ownership; X
FF. Chairperson and Secretary of the City Planning Board and Zoning
Commission certification of approval of the site plan,including a
statement of any variances to the Community Design Objectives and
Criteria of Section 18.54.100; X
GG.Owner certification of acceptance of conditions and restrictions as set
forth on the site plan; X
3. Supplemental Plan Requirements
A. Architectural elevations:
Preliminary architectural elevations of all buildings sufficient to convey
the basic architectural intent of the proposed improvements; X
•
PUDPREL PLAN APPLICATION AND SUBUMAL REQ September 2002 5
B. Landscape treatment: YES NO N/A
• A general landscaping plan indicating:
(1) Treatment of materials used for private and common open spaces; X
(2) All existing vegetation with identification of trees by sizes of
species; X
(3) Specific proposals to protect and preserve existing trees during
and after construction; X
(4) The scale shown on plant materials; X
C. Utility plans:
The existing and proposed utility systems and proposed utility
systems,including:
(1) Sanitary sewers; X
(2) Storm sewers; X
(3) Water, X
(4) Electric; X
(5) Gas; X
(6) Telephone lines; X
• (7) Fire hydrants; X
(8) Trash collection areas;
D. Street cross sections if different from City standards;street cross sections
schematics shall be submitted for each general category of street,including
the proposed width,treatment of curbs and gutters,sidewalk systems and
bikeway systems where deviations from the design criteria and standards
of the City are proposed; X
E. Physiographic data,including the following:
(1) A description of soils existing on the site,accompanied by analysis
as to the suitability of such soils for the intended construction and
proposed landscaping; X
(2) A map showing all permanent and temporary streams and sketch
showing the 100'year floodplain for each period as designated in
the design criteria as established by the City, X
(3) A description ofthe hydrologic conditions of the site with analysis
of water table,fluctuations,and a statement of site suitability for
intended construction and proposed.landscaping; X
F. Drainage plan:
Preliminary drainage report and calculations and/or plan;including:
(1) All watercourses on the property or which are located within 200'
• of the property,must be shown;in addition,the floodw;tys and/or
flood fringe areas of these watercourses must be delineated; X
PUDPREL PLAN APPLICATION AND SUBMnTAL REQ September 2002 6
0 •
YES NO N/A
• (2) All drainage,streets,arroyos,dry gullies,diversion ditches,
spillways,reservoirs,etc.,which may be incorporated into the
storm drainage system for the property shall be designated; X
(3) All irrigation ditches,laterals,and structures.shall be shown; X
(4) All required on-site detention areas,including notes indicating the
approximate area and volume of the facility; X
(5) All plans shall indicate the proposed outlet for the storm drainage
from the property,including the name of the drainage-way
(where appropriate),the downstream conditions(developed,
available drainage-ways,etc.),and any downstream restrictions; X
(6) Existing and/or proposed grading plan; X
G. Temporary facilities plan:
A plan of the site showing the location of all temporary model homes,
sales offices and/or construction facilities,including temporary signs
and parking facilities; X
H. Preliminary subdivision plat:
If the project involves or requires platting,a preliminary subdivision plat,
subject to the requirements of the City's Subdivision Ordinance shall
be submitted; X
• I. Traffic impact analysis:
At the discretion of the Public Service Director a traffic impact analysis
shall be prepared based upon the proposed development,including the
provisions of the approved Master Plan,if part of such Master Plan,and
upon surrounding land uses;the Public Service Director may require the
traffic analysis to include the following:
(1) Land use and trip generation-a table of each type of land use,the
number of units or square footage,as appropriate,the trip rates
used(daily and peak hour)and resulting trip generation; X
(2) Traffic graphics showing:
(a) AM peak hour site traffic; X
(b) PM peak hour site traffic; X
(c) AM peak hour total traffic; X
(d) PM peak hour total traffic X
(e) Total daily traffic(with site generated traffic shown
separately); X
(3) AM and PM capacity analysis:
An AM and PM peak hour capacity analysis for all major drive
accesses that intersect collector or arterial streets and all site
arterial-arterial,collector-collector,and arterial-collector
• intersections within one(1)mile of the site or as directed by the
Director of Public Service; X
PUDPREL PLAN APPLICATION AND SUBMIITAL REQ September 2002 7
�► •
YES NO N/A
• (4) Report format shall be as follows:
(a) Trip generation-using Institute of Transportation X
Engineers Trip Generation Manual;
(b) Trip distribution; X
(c) Traffic assignment; X
(d) Capacity analysis; X
(e) Evaluation; X
(1) Recommended access plan,including access points,
modifications and any mitigation techniques; X
(5) Additional Analysis Criteria:
Appropriate clearance intervals shall be provided for each exclusive
movement;pedestrian movements must be provided for each cycle
and pedestrian overpasses shall not be at intersections;maximum
pedestrian walking speeds shall be 4'per second with a minimum .
"WALK"time of seven seconds;intersection pavement widths shall
not exceed that required to provide three(3)through lanes in each
direction,dual left-turn lanes and right-turn lanes.
Traffic progression will be of paramount importance;consequently,
all potential interjections with signals will be placed on 3 mile points
• unless otherwise approved by the Director of Public Service.
Intersection Level of Service"C"shall be the design objective and
under no conditions,will less than Level of Service"D"be accepted
for site operations;arterial intersections and turning operations shall
operate at Level of Service"C';if Level of Service"E"is the result
of the study,then alternatives of providing Level of Service"D"shall
be analyzed and included as part of the study,generally,the design
year will be approximately fifteen(15)years following construction.
(6) Summary analysis explaining: YES NO N/A
(a) The proposed access points for the project,their location
and the rationale for their placement in terms of circulation, X
(b) Future off-site road improvements for access,which roads
they will be,the projected time frame for their completion
and who is responsible for their completion; X
(c) ADT and level of service changes to all streets; X
(d) How traffic impacts to existing streets will be minunized
by the PUD; X
(e) Describe bicycle and pedestrian pathways within the
development,if used; X
•
PUD.PREL PLAN APPLICATION AND SUBMITTAL REQ September 2002 8
J. Additional studies and plans:
The City Planning Board and Zoning Commission or City Commission
• may require additional impact studies or other plans as it is deemed
necessary for providing thorough consideration of the proposed PUD;
particularly ifthe development's compliance with the Community Design
Objectives and Criteria is under question;
4. Reproducible Copy Requirements
In addition to the above document,Site plan and Supplemental Plan
requirements the applicant shall submit the following for review purposes:
* Reference to 18.54.060 A Preliminary Plan Submittal Requirements@ of the Bozeman Interim
Zoning Ordinance(7/02/90)
Fee: $660.00 plus$6.00 per residential unit and/or$4.00 per 1,000 sq.ft.of gross leasable industrial
or commercial(includes professional business offices)floor area.
Minimum fee after refund: $500.00
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
1, ,HEREBY CERTIFY THAT,TO THE
BEST OF MY KNOWLEDGE,THE ATTACHED NAME AND ADDRESS LIST OF ALL
ADJOINING PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY LOCATED
AT IS TRUE AND ACCURATE LIST FROM THE
LAST DECLARED GALLATIN COUNTY TAX RECORDS. I FURTHER UNDERSTAND
• THAT AN INACCURATE LIST MAY DELAY REVIEW OF THE PROJECT.
SIGNATURE
•
PUDPREL PLAN APPLICATION AND SUBMITTAL REQ September 2002 9
Walton Homestead P.U.D.
• Prelimina Plan Submittal
List of Applicants & Owners
Property Owner: Oakway LLC
2066 Stadium Drive, Suite 101
Bozeman, MT 59715
(406) 582-0027
Mr. Gene Cook— Owner
Mr. Jim McLean — Owner
Applicant: Mr. Gene Cook
Durston Development Corporation
2066 Stadium Drive, Suite 101
Bozeman, MT 59715
(406) 587-2322
•
Representative: Mr. Bill Hanson
Taylor Hanson Kane Architects
101 East Main, Studio One
Bozeman, MT 59715
(406) 586-7020
(406) 586-8470 (fax)
•
Walton Homestead P.U.D.
List of Applicants&Owners
Page 1 of 1
Walton Homestead P.U.D.
Certified Adjacent Owners' List
Bozeman School District #7 404 E. Main St. Bozeman, MT 59715-4752
Covered Wagon Mobile Home
Park P. O. Box 6160 Bozeman, MT 59771-6160
Gallatin County 311 West Main Street Bozeman, MT 59715-4594
Al T. Matheson 1503 West Durston Road Bozeman, MT 59715-2730
Esther Nelson 718 N. 17th Ave. Bozeman, MT 59715
Peter K. Nelson 511 N. Wallace Ave. Bozeman, MT 59715
Robert J. & Sandra L. Newman 519 N. 15th Ave. Bozeman, MT 59715-3243
Phillip Saccoccia, Jr. 991 E. Beach Blvd. Pass Chris, MS 39571-4717
Billy Paul & Mary Ann Scott 303 Sunset Blvd. Bozeman, MT 59715-9266
Thomas P. Shane, Jr. 906 N. 17th Ave. Bozeman, MT 59715-2708
C. A. & Patricia W. Speer 1976 Stonybrook Rd. Louisville, TN 37777-4215
Audrey W. & Wayne W. Stevens 1412 West Durston Road Bozeman, MT 59715-2729
Wilda Y. Wheeler 1409 West Durston Road Bozeman, MT 59715-2728
•
Certified by:
Ray H. enter
•
Preliminary P.U.D.Application
Certified Property Owners'List
Page 1 of 1
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Walton Homestead P.U.D.
Bozeman 2020 Community Plan Compliance
The Walton Homestead P.U.D. is one of the few land developments that can truly be considered
as an urban infill project. The Bozeman 2020 Community Plan promotes this type of
development as a way to increase density in the city core and enhance the fabric of the
community. The following responses describe how our project adheres to the key concepts of the
Bozeman 2020 Community Plan.
Section 4.9 Community Character Goals, Ob*ectives, and Implementation Policies:
4.9.1 Community Design —Create a community composed of neighborhoods designed
for human scale and compatibility in which services and amenities are convenient,
visually pleasing, and properly integrated and designed to encourage walking,
cycling and mass transit use.
Located centrally within the incorporated City of Bozeman, the Walton Homestead P.U.D.
represents a true urban infill project. Although relatively small at 37.375 acres, the development
includes single-family homes, multi-family town.homes, multi-family apartments, commercial
office and commercial retail components.
Because the project site is relatively long and narrow, the site is organized as a transition.between
the residential neighborhood south of Durston Road and the commercial character of West Oak
Street to the north. Within the residential areas, housing types are intermingled with single-family
homes adjacent to multi-family town homes or apartments.
The housing components are conceived as affordable housing with single-family homes targeted
to sell between $110,000 and $140,000 and town homes selling between $95,000 and
$120,000. To achieve these target price ranges, the units will be small, between 1000 and 1750
square feet with, typically, single car garages. In some instances larger single-family homes will
be constructed on larger lots, which may exceed the prices identified above.
Apartment units create the transition between the single-family units and the commercial
components. The apartment structures vary from four-plex structures to ten-plex units adjacent to
the commercial structures. In addition, thirty loft style apartment units are to be integrated into
the commercial structures.
The commercial structures are arranged to provide a commercial presence along West Oak
Street. All structures are conceived to address the adjacent streets and provide entryways from
the street into the building. The buildings fronting West Oak will address the street with a retail
component and plaza area on the ground floor to enhance pedestrian interaction along Oak '
Street. All the commercial structures are arranged to provide pedestrian circulation through the
site to adjacent buildings. Plazas and sitting.areas are created throughout the pedestrian
circulation system.
Walton Homestead P.U.D.
Bozeman 2020 Community
Plan Compliance
Page 1 of 5
The project is designed with a series of open spaces available to its residents and the general
• public. A dedicated public park is planned along North 15th Avenue. Approximately 1.1 acres
in size, the park is located centrally to be easily accessible to all residents. A series of"pocket
parks" are also provided, dispersed throughout the single-family segment of the project. These
areas are conceived as smaller play areas that are enclosed and visually monitored by the
adjacent homes.
Pedestrians and.bicycle riders have many options to traverse the project. North 15th Avenue is
conceived as the main collector between Durston and Oak Streets. As a result, this street R.O.W.
has been widened from the standard 60'to 71'to allow for bicycle lanes on both sides of the
street. City standard sidewalk will be installed on both sides of North 15th to provide for
pedestrian access through the site. For residents, a series of private walkways will connect to
North 15th and lead to the public park. A transit stop is planned on Oak Street to serve the
project site.
The landscape design for the project is conceived to enhance the neighborhood character and
pedestrian experience. Street trees will be installed along all public right-of-way per city
standards. Plaza areas will be emphasized as pedestrian nodes with seating and accent
landscape elements. Walkways crossing public and private roadways will be emphasized with
contrasting pavement. The public park will be developed with play areas and seating/picnic
areas.
Site lighting will provide adequate security light along public streets and parking areas. Yard
lighting, required by covenant, will provide lighting in private housing areas. All lighting will
• meet City of Bozeman criteria.
Section 5.7 Housing Goals, Objectives, and Implementation Policies:
5.7.1 Housing — Promote an adequate supply of safe housing that is diverse in type,
density, and location, with special emphasis on maintaining neighborhood
character and stability.
The predominant focus of the Walton Homestead Project is the creation of new homes. The
developer has envisioned this project as a much-needed response to the shortage of high quality
affordable homes within the City of Bozeman. Through its creative mix of housing types, this
project will serve the needs of many city residents looking to own their first home or downsize in a
quality residential setting.
As conceived, the project will include single-family homes, town home duplexes, town home four-
plexes, and apartment units varying from efficiency lofts integrated with the commercial
component, to traditional apartment structures. The site plan disperses these units throughout the
site. The single-family units are located primarily on the south portion of the site. The apartment
units create a transition between the single-family units and the commercial core.
Walton Homestead P.U.D.
Bozeman 2020 Community
Plan Compliance
Page 2 of 5
0
The character of the residential structures is to be reflective of the historic south side
neighborhoods. Emphasis will be placed on addressing the street to create an open human scale
neighborhood. The implementation of front porches will be encouraged to engage the
streetscape and make it an active space for residents.
The structures are conceived as simple bungalow style craftsman structures. Emphasis will be
placed on detailing the entry porches and street facades. The structures will be varied along the
street frontage to create interest.
Section 6.6 Land Use Goals, Obiectives, and Policies:
6.6.1 Create a sense of place that varies throughout the city, efficiently provide public
and private basic services and facilities in close proximity to where people live and
work; and minimize sprawl.
As mentioned previously, the Walton Homestead P.U.D. represents a true urban infill project.
Located between Durston Road and West Oak Street, the project site truly becomes a bridge
between the residential neighborhood south of Durston and the commercial development along
Oak Street.
In the 2020 Plan (Figure 6-2) the project site is envisioned to contain residential development on
its southern portion with a business park at the north end. In effect, this is exactly how the project
is conceived, with mixed residential uses beginning at the south transitioning to commercial/retail
. uses along Oak Street. The organization of the site will promote development of service business
to serve the residents of the project as well as adjacent neighborhoods.
Section 7.6 Economic Development Goals, Objectives, and Policies:
7.6.1 Promote and encourage the continued development of Bozeman as a vital
economic center.
As a true urban infill project, the Walton Homestead Project will emphasize the importance of
Bozeman as an economic center. The addition of over two hundred housing units along with the
associated commercial components will not only add to the fabric of the community, but also
increase interest in Bozeman as the economic center of our region.
Walton Homestead P.U.D.
Bozeman 2020 Community
Plan Compliance
Page 3 of 5
• Section 8.14 Environmental Quality and Critical Lands, Goals, Oblectives, and
Implementation Policies:
8.14.1 Protect the health, safety, and welfare of Bozeman area residents, and protect
private and public property.
The site proposed for the Walton Homestead Project is currently open agricultural land with two
existing single-family homes at the south end, which will be removed. The site contains no active
streams or waterways and is devoid of mature landscaping. At the south end of the site a storm
drainpipe feeds onto the property from Durston, and this water migrates to an abandoned
irrigation ditch along the west property boundary.
Through development of this project, improvements will be made to the storm water system to
protect this project and adjacent property owners. In addition, City of Bozeman services will be
extended to serve this project with provisions for future development to the east and west.
Section 9.9 Parks, Recreation, Trails, and Open Space Goals, Objectives and
Implementation Policies:
9.9.1 Parks & Recreation — Provide for accessible, desirable, and maintained public
parks, active and passive open spaces, trail systems, and recreational facilities for
residents of the community.
With a total land area of just over 37 acres the Walton Homestead Project provides 2.43 acres
(6.5%) in dedicated parkland. In addition, the total project provides over 40% open area while
maintaining densities necessary to make it economically viable.
Open spaces are provided in a variety of types. The larges open area is contained in a 1.1 acre
dedicated park at the intersection of North 15th and Juniper Streets. This park is centrally located
for this project as well as being located to connect to adjacent properties when Juniper Street is
extended.
Smaller'pocket parks' are distributed throughout the residential areas. These smaller open
spaces are conceived as more private spaces where residents can visually monitor their children.
In addition, these open spaces enhance the housing areas by providing a landscape buffer in a
dense residential area.
Elsewhere in the project more passive open spaces are created between structures and along
pedestrian walkways. These nodes add greatly to the character of the development and will
enhance the visual quality of the project.
Through negotiations with the City Planning Office, this project will be credited for land given to
the city for development of the East Gallatin Recreation Area. A copy of this agreement is
included in the supplementary information booklet.
Maintenance for all open space will be the responsibility of the Owner's Association.
• Walton Homestead P.U.D.
Bozeman 2020 Community
Plan Compliance
Page 4 of 5
Section 10.8 Transportation Goals, Objectives and Implementation Policies:
10.8.1 Transportation System—Maintain and enhance the functionality of the
Transportation System.
This project includes construction of three new public streets. North 15th Avenue will be extended
from Durston Road to West Oak Street. North 14th Avenue will be constructed from West Oak to
Juniper Street. Juniper Street will be construction across the site.
Of-these streets, North 15th will impact traffic patterns the greatest. Identified in the Bozeman
2020 Plan as a future collector street (See Figure 11-7 of the 2020 Plan), we anticipate North
15th will see traffic from people passing through the site bypassing North 19th. (See traffic study
included in the supplementary information booklet).
North 15th will be constructed wider than a typical residential roadway (71' R.O.W. versus 60'
R.O.W.) to allow for bike lanes on both sides of the street. The layout of North 15th offsets the
roadway as it traverses the site to reduce the visual connection between Durston and Oak in
hopes to limit traffic and traffic speed. In addition, pedestrian crossings of North 15th will utilize
a texture and color variation to emphasize the residential character of neighborhood and further
reduce traffic speed.
Through an agreement with Gallatin County, North 14th Avenue will be constructed entirely on
county property. (See written agreement in supplementary information booklet). North. 14th will
be constructed to the city standard of 60' R. O. W.
• Juniper Street will also be constructed to the city standard 60' R. O. W. Juniper Street will extend
from north 14th to the east property boundary.
Section 1.15 Public Services and Facilities Goals, Objectives, and Implementation
Policies:
11.15.1 Facilities and Services - All public facilities and services provided under authority
of the City of Bozeman shall be provided in an efficient, cost effective, and
environmentally sound manner.
All aspects of the Walton Homestead Project are designed to meet these criteria.
Walton Homestead P.U.D.
Bozeman 2020 Community
Plan Compliance
Page 5of5
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Walton Homestead P.U.D.
•
Section 8 1 .5 4.100
In response to submittal requirements for Preliminary P.U.D. application, the following section
provides responses to specific criteria outlined in Section 18.54.100—Planned unit development
design objectives and criteria. The responses are provided for All Development, Residential, and
Commercial P.U.D. elements of the project. Most responses are simple yes or no answers.
Where appropriate to explain a key aspect of the project, additional explanations have been
provided.
18.54.100 — Planned Unit Development Design Objectives and Criteria:
All Development— Neighborhood Compatibility:
1. Is the development compatible with, and sensitive to, the immediate environment of the
site and the adjacent neighborhoods relative to architectural design, building bulk and
height, neighborhood identity, landscaping, historical character, orientation of buildings
on the site and visual integration? Yes
2. Is the project designed so that additional traffic generation beyond what may be
approved for permitted uses does not have a significant adverse impact on adjacent
and surrounding development? Yes.
3. Have the guidelines outlined in Chapter 18.51 Development Review Committee, been
• followed concerning identification and discussion of impacts related to the proposed
development? Yes.
4. Is the development in accordance with the adopted elements of the Bozeman master
plan and its accompanying goals, objectives and policies? Yes.
All, Development— Public Facilities, Services and Transportation:
5. Does the development comply with all .city design standards, requirements, and
specifications for the following services: (Water supply, Sanitary supply, Fire protection,
Flood hazard areas, Telephone, Cable Television, Trails/walks/bike ways, Irrigation
companies, Electricity, Natural gas, Storm Drainage, and Streets.) Yes.
6. Will the sewage generated by the development not exceed the sanitary sewer system's
line and treatment capacity? Yes.
7. Will an adequate water supply exist to serve the development? Yes.
8. Will an adequate electrical power supply exist to serve the development? Yes.
9. Will the city transportation plan be capable of handling the development's traffic
generation? es.
10. Does the development provide adequate access for emergency services? Yes.
11. Are all vehicular use areas and exterior building areas provided with adequate security
lighting es.
Preliminary P.U.D.Application
P.U.D. Design Objectives and Criteria
Page 1 of 7
All Development— Natural Resources:
12. Have precautions been taken to minimize hazards to life or properly due to irrigation
canals, stream channels or other water bodies? Yes.
13. Have known areas of natural or geological hazard (e.g., unstable or potentially
unstable slopes, faulting, landslides, rockfalls, flood, and wildfire, etc.) or soil conditions
unfavorable to urban development had special engineering precautions token to
overcome natural constraints or have these areas been set aside from development?
N/A —There are no known areas of natural hazard on the.site.
14. Does the project preserve or replace existing vegetation? Yes.
15. Have special precautions been taken to preserve existing wildlife habitats, natural
wildlife food services, or existing places, or are these areas being preserved? N/A _
There are no known wildlife populations on the subject property.
16. If the project is located within a locally designated historical district or includes a locally
designated landmark structure, is the project in conformance with the city's Historic
Preservation Ordinance? N/A — The subject property is not within any recognized
historic district, nor are there any structures of historic significance on the project site.
17. If the development is proposed on existing agricultural land or open space, does it meet
the master plan objectives for clustering development? Yes.
All Development— Environmental Standards:
18. Will the project conform to applicable local state and federal air quality standards
P I PP � � q ty
including but not limited to: odor; dust, fumes or .gases which are noxious, toxic or
corrosive; suspended, solid or liquid particles; or any air contaminant which may
obscure an observer's vision or impair breathing? Yes.
19. Will the project conform to applicable local, state, and federal water quality standards,
including but not limited to: erosion and sedimentation; runoff control; discharge of
solid wastes, and discharge of hazardous substances? Yes.
20. Can the proposed land uses and activities be conducted so that noise generated shall
not exceed the minimum performance levels as specified in the city's Noise Control
Ordinance Chapter 18.50 of the Zoning Code? Yes.
21. If the proposed activity produces glare or heat, whether direct or reflected, is the
operation conducted within an enclosed building or with other effective screening in
such a manner as to make such glare or heat completely imperceptible from any point
along the property line? Yes.
22. Will the project cause an inherent or recurring generated vibration perceptible without
instruments at any point along the property line? No.
23. Is the exterior lighting, except for warning, emergency or traffic signals, installed in such
a manner that the light source obscured to prevent excessive glare on public streets and
• walkways or into any residential area? Yes.
Preliminary P.U.D.Application
P.U.D. Design Objectives and Criteria
Page 2of7
24. Will all sewage and industrial wastes be treated and,disposed of in such a manner as to
comply with applicable local, state and federal standards? Yes.
All Development— Site Design:
25. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) arranged on the site so that activities are integrated with the
organizational scheme of the community and neighborhood? Yes.
26. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized, and cohesive planned unit development? Yes.
27. Is the design and arrangement of elements of the site plan (e.g., buildings circulation,
open space and landscaping, etc.) in harmony with the existing natural topography;
natural water bodies and water courses; existing vegetation; and
28. Does the design and arrangement of elements of the site plan (e.g., building
construction, orientation, and placement: transportation networks, selection and
placement of landscape materials; and/or use of renewable energy sources, etc.)
contribute to the overall reduction of energy use by the project? Yes.
29. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of
the project? Yes.
• 30. Does the design and arrangement of buildings and open space areas contribute to the
overall aesthetic quality of the site configuration, and is at least thirty percent of the
project, exclusive of yard setbacks and parking lot interior landscaping developed as
open space? Yes.
31. Does the street and parking system provide for the smooth, safe and convenient
movement of vehicles both on and off the site? Yes.
32. Does the development satisfy the parking capacity requirements of the city and provide
adequate space suited to the loading and unloading of persons, materials and goods?
Yes.
33. Is the active recreational area suitably located and accessible to the residential units it is
intended to serve and is adequate screening provided to ensure privacy and quiet for
neighboring residential uses? Yes.
34. Is the pedestrian circulation system designed to assure that pedestrians can move safely
and easily both within the site and between properties and activities within the
neighborhood area? Yes.
35. Is the development being properly integrated into development and circulation patterns
of adjacent and nearby neighborhoods so that this development will not become an
i§olated "pad"to adjoining development? Yes.
Preliminary P.U.D.Application
P.U.D. Design Objectives and Criteria
Page 3of7
36. Does the pedestrian circulation system incorporate design features to enhance
• convenience, safety and amenity across parking lots and streets, including, but not
limited to, paving patterns, grade differences, landscaping and lighting?. Yes.
37 Does the pedestrian and bicycle trail system adequately connect to the systems in
adjacent developments? Yes.
38 Does the landscape plan enhance the appearance of vehicular use, open space and
pedestrian areas that contribute to their usage and visual appearance? Yes.
39. Does the landscaping plan enhance the building(s)? Yes.
40. Does the landscape plan screen utility .boxes, parking areas, loading areas, trash
containers, outside storage areas, blank walls or fences and other areas of low visual
interest from roadways, pedestrian areas and public view? Yes.
41. If the development is adjacent to an existing or approved public park or public open
space area, have provisions been made in the site plan to avoid interfering with public
access to that area? Yes.
42. Will all signs in the project be in compliance with the provisions of the Bozeman sign
code? Yes.
Residential
1. On a gross acreage basis, is the average residential density in the project (calculated
• for residential portion of the site only), consistent with the development densities set
forth in the land use guidelines of the Bozeman master plan? Yes.
2. Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are sufficient
in size and have adequate light, sun, ventilation, privacy and convenient access to the
household or commercial units they are intended to serve? Yes.
3. Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities? Yes.
i
4. If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and styles designed to address community wide issues
of affordability and diversity of housing stock? Yes.
5. If the PUD is located within, or adjacent to, the city, is the project within two thousand
feet of an existing or approved neighborhood service center, public school, day care
center, major employment center, or public neighborhood or community park? Yes.
6. Is the overall project designed to enhance the natural environment, conserve energy
and to provide efficient public services and facilities? Yes.
7. Is the project within six hundred fifty feet of an existing collector or arterial street? Yes.
Preliminary P.U.D.Application
P.U.D. Design Objectives and Criteria
Page 4 of 7
8. If the project is proposing a residential density bonus (thirty percent maximum) above
• that, which is set forth below, does the proposed project exceed the established
regulatory design standards (such as for setbacks, off-street parking, open space, etc.)
and ensure compatibility with adjacent neighborhood development? Yes.
Allowable Residential.Densities, Without Bonuses:
Zone Density
A-S One dwelling per twenty acres, or maximum allowed in accordance with
the sliding scale established in Chapter 18.10
R-S One dwelling unit per acre
R-1 Three units per acre
R-2 Six units per acre
R-2-A Five units per acre
R-3 Twelve units per acre
R-3-A Ten units per acre
• R-4/R-O Fifteen units per acre
9. If limited commercial development as defined above is proposed with the project, is less
than twenty percent of the gross area of the PUD designated to be used for offices or
neighborhood service activities nor ordinarily allowed in the particular residential zoning
district? Yes.
10. If neighborhood service activities are proposed within the project, is a market analysis
provided demonstrating that less than fifty percent of the market required to support
proposed neighborhood service activities is located outside the immediate area of the
PUD and are the neighborhood services of a nature that does not require drive-in
facilities or justification for through traffic? Yes.
11. If the project contains limited commercial development as defined above, is the project
located at the intersection of arterial streets, or arterial and collector streets? Yes.
12. If the project contains limited commercial development as defined above, has the
project been sited and designed such that the activities present will not detrimentally
affect the adjacent residential neighborhood and have the commercial activities been
developed at a scale compatible with residential development? Yes.
13. Doest the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area? Yes.
Preliminary P.U.D.Application
P.U.D. Design Objectives and Criteria
Page 5of7
•
Commercial PUD:
1. Are all repair, painting and body work activities, including storage of refuse and
vehicular .parts, planned to take place within an enclosed structure or completely
screened from off-site view? Yes.
2. Have all the necessary precautions been taken to prevent all lubrication, hazardous
materials and fuel oil substance, which are stored on the site, from leaking or draining
into the groundwater system, streams, creeks, or other water bodies? Yes.
3. If the project contains any use intended to provide adult amusement or entertainment,
does it meet the following requirements:
Is the use established, operated or maintained no less than five hundred feet from a
residential neighborhood, church and/or a school meeting all the requirements of the
compulsory education laws of the state of Montana? Yes.
Is the use established, operated or maintained on less than five hundred feet from
another similar use? Yes.
4. Is the project contiguous to an arterial street, and has adequate but controlled access
been provided? Yes.
• 5. Is the project on at least two acres of land? Yes.
6. If the project contains two or more significant uses (for instance, retail, office,
residential, hotel/motel and recreation), do the uses relate to each other in terms of
location. within the PUD, pedestrian and vehicular circulation, architectural design,
utilization of common open space and facilities, etc.? Yes.
7. If the project is a single-use PUD development, is it compatible with existing land use
patterns? Is it compatible with and does it reflect the unique character of the
surrounding area? Yes.
8. Is there direct vehicular and pedestrian access between on-site parking areas and
adjacent existing or future off-site parking areas which contain more than ten spaces?
Yes.
9. Doest the project encourage infill, with at least one-quarter of its property boundary
contiguous to existing development, or does the project otherwise demonstrate
compliance with the land use guidelines of the Bozeman master plan? Yes.
10. If the project includes residential development, or is adjacent to existing or future
residential development, have exceptional or unique design methods been incorporated
to mitigate the impacts of conflicting land uses (e.g., landscape and architectural
design, extensive open space, recreation center(s), maximum traffic efficiency, screening
of parking areas? Yes.
Preliminary P.U.D.Application
P.U.D. Design Objectives and Criteria
Page 6of7
11. Does the project provide for outdoor recreational areas (such as additional landscaped
areas, open spaces, trails, or picnic areas) for the use and enjoyment of those living in,
working, in, or visiting the development? Yes.
Preliminary P.U.D.Application
P.U.D. Design Objectives and Criteria
Page 7 of 7
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• Walton Homestead P.U.D.
Architectural Guidelines
Article I. Introduction
Article II. Design Goals
Article III. Residential Design Requirements
Section 3.01 Residential Lot Size
A. Minimum lot size for single-family homes will be three thousand eight
hundred square feet (3,800 sf). Minimum lot width is forty feet (40 ft).
B. Minimum lot size for duplex town home structures will be two thousand
eight hundred square feet (2,800 sf) per unit. Minimum lot width is
forty feet (40 ft).
C. Minimum lot size for four-pled town home structures will be two
thousand five hundred square feet (2,500 sf) per unit. Minimum lot
width is twenty-four feet (24 ft).
Section 3.02 Residential Lot Coverage
A. For single-family homes on lots smaller than five thousand square feet
(5,000 sf) maximum lot coverage for principle and accessory structures
will be fifty percent (50%).
B. For single-family homes on lots larger than five thousand square feet
(5,000 sf) maximum lot coverage for principle and accessory structures
will be forty percent (40%).
1 C. For duplex town home structures the maximum lot coverage for
principle and accessory structures will be fifty percent (50%) of the
combined lots' total square footage.
D. For four-plex town home structures the maximum lot coverage for
principle and accessory structures will be fifty percent (50%) of the
combined lots'total square footage.
Walton Homestead P.U.D.
Architectural Guidelines
Page 1 of 26
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Section 3.03 Residential Lot Setback Requirements
A. Front yard setback will be a minimum of twenty feet (20 ft).
1. Allowed encroachments into the front yard set back include:
a. Front porches may encroach five feet (5 ft) into front yard
setback. Porch must be open for its entire length and depth.
The porch must be covered. Second floor living space may
extend over the porch and encroach into front yard set back.
b. Steps serving front porches may encroach two feet (2 ft)
beyond the porch face. (*Steps may extend a maximum of
seven feet (7 ft) into the front yard setback.)
c. Chimney elements may extend two feet (2 ft) into front yard
setback.
d. Projecting bay window or window seat elements may project
two feet (2 ft) into front yard setback.
e. Roof eaves may extend a maximum of eighteen inches (18 in)
into the front yard setback. Roof eaves over allowed front
porches and associated second floor living space may extend
eighteen inches (18 in) beyond the porch or a total of six feet
• six inches into the front yard setback.
f. Roof eaves over allowed bay windows or window seats may
extend a maximum of an additional eighteen inches (18 in)
beyond the projecting element, or a total of three feet six
inches (3 ft 6 in) into the front yard setback.
g. Other architectural enhancing design elements may be
submitted for review by the Walton Homestead Architectural
Review Committee (WHARC) and may be allowed to
encroach on the front yard setback on a case-by-case basis.
B. Side yard setback will be a minimum of five feet (5 ft).
1. Allowed encroachments into the side yard set back include:
a. Roof eaves may extend a maximum of two feet (2 ft) into the
side yard setback.
b. Accessory garage structures may be located on the side yard
property line for a zero lot line condition. These conditions
will be included in the property covenants and will include
maintenance access agreements. All walls placed on the
property lines must meet fire resistive construction
requirements of the Uniform Building Code.
c. Steps serving a front porch or rear/side yard porch may
extend a maximum of two feet (2 ft) into a side yard setback.
Walton Homestead P.U.D.
Architectural Guidelines
Page 2 of 26
d. Access driveways and walkways may be located in the side
yard setback.
e. Other architecturally enhancing design elements may be
submitted for review by the WHARC and may be allowed to
encroach into the side yard setback on a case-by-case basis.
C. Rear yard setback will be a minimum of twenty feet (20 ft).
1. Allowed encroachments into the rear yard set back include:
a. Accessory garage structures may be located within the rear
yard setback under the following conditions:
1) Where the garage is accessed off a residential alley the
garage may be located up to six feet (6 ft) of the rear
property line.
2) On building lots smaller than five thousand square feet
(5,000 sf) where alley access is not possible, the
accessory garage may be located within ten feet (10 ft)
of the rear property line.
3) On building lots larger than five thousand square feet
(5,000 sf) the accessory garage may not encroach into
the rear yard setback.
b. Surface parking associated with accessory garage structures
may extend to the real property line.
c. Decks and patios may extend three feet (3 ft) into the rear
yard setback.
d. Steps serving rear decks, patios, and entries may extend a
maximum of five feet into the rear yard setback.
e. Roof eaves may extend a maximum of eighteen inches (18 in)
into the rear yard setback. Roof eaves over allowed rear
porches may extend eighteen inches (18 in) beyond the
porch face (for a total of six feet six inch (6 ft, 6 in)
encroachment).
f. Trellis structures located over rear porches or connecting
accessory garage structures to the primary residence may
encroach a maximum of five feet (5 ft) into the rear yard
setback.
g. Other architecturally enhancing design elements may be
submitted for review by the WHARC and may be allowed to
encroach into the rear yard setback on a case-by-case basis.
Section 3.04 Building Height
A. All residential structures may be a maximum of thirty-eight feet (38 ft) in
height as identified in the City of Bozeman Zoning Ordinance.
1. Exceptions allowed to the maximum height include:
Walton Homestead P.U.D.
Architectural Guidelines
Page 3 of 26
a. Architecturally enhancing features used as accent elements to
• emphasize form or a particular aspect of the structure may
exceed height limit by four feet (4 ft).
1) As an accent element, area of structure exceeding
height limit may not exceed ten percent (10%) of building
footprint.
b. Roof detail added to hide or contain mechanical equipment
or vents may exceed height limit by a maximum of three feet
(3 ft).
c. Roof elements designed to provide natural daylight may
exceed height limit by three feet (3 ft).
Section 3.05 Residential Parking Requirements
A. Single Family Homes:
1. All single family homes must provide for a minimum of two parking
stalls on the subject property.
2. Stacking of parking stalls is acceptable to a maximum of two
vehicles in depth.
3. On-street parking stalls fronting the subject property may be used
for guest parking or auxiliary parking for the home.
a. Campers, boats, recreational vehicles, sporting equipment,
• disabled vehicles, etc., may not be parked on the street.
B. Multi-Family Townhomes:
1. Parking must be provided equal to that required for single-family
homes (two per unit) or one stall per bedroom, whichever is less.
2. Stacking of parking stalls is acceptable to a maximum of two
vehicles in depth. Stacked vehicle spaces must be designated for a
single unit.
3. On-street parking stalls fronting the subject property may be used
for guest parking or auxiliary parking for the unit.
a. Campers, boats, recreational vehicles, sporting equipment,
disabled vehicles, etc., may not be parked on the street.
C. Apartment Structures:
1. Parking must be provided equal to one parking stall per bedroom.
.2. On-site parking stalls will be assigned by the property manager to
individual units.
3. Up to twenty-five percent (25%) of the required on-site parking may
be provided by on-street parking. On-street parking stalls must
front the subject property. On-street stalls will not be assigned.
b. Campers, boats, recreational vehicles, sporting equipment,
disabled vehicles, etc., may not be parked on the street.
Walton Homestead P.U.D.
Architectural Guidelines
Page 4 of 26
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Section 3.06 Residential Landscape Design
A. General Items:
1. The intent of these requirements is to aid in the creation of a
complex with a rich residential character similar to Bozeman's
wonderful South Side neighborhoods.
2. The following criteria should be considered minimum requirements.
Creative property landscaping is encouraged.
3. All maintenance of front yards will be performed by the
Homeowner's Association. Irrigation of individual lots is the
responsibility of the property owner.
4. Significant landscape additions to front yard areas must be
reviewed and approved by the WHARC.
5. Each site owner will be required to meet minimum landscape
requirements as outlined in this document. They include, but are
not limited to: street trees, accent canopy trees, shrubs, mixed
planting beds, and turf lawns.
B. Single Family Homes:
1. Front yards shall be planted as follows:
a. Front yard shall have a minimum of one accent tree. Such
tree may be either deciduous or evergreen. Fruit bearing
• trees are not allowed in front yards. This requirement is not
applicable to single-family lots less than five thousand square
feet (5,000 sf).
b. Lawns shall be turf matching seed mix used throughout the
complex.
c. Planting beds will be installed along building frontage to a
minimum depth of three feet (3 ft).
d. Planting beds shall have plants providing seasonal color.
Perennial flowers and flowering shrubs are encouraged.
e. Planting beds shall have plastic or aluminum or concrete
mow edging.
f. Planting beds shall be covered with bark or earth tone mulch.
g. No fences are allowed in front yard areas.
2. Side yards shall be landscaped as follows:
a. Lawns shall be turf matching seed mix used throughout the
complex.
b. Planting beds shall be installed along side yard building
frontage to a minimum depth of two feet (2 ft) or depth of
eave overhang, whichever is greater.
c. Planting beds shall have plastic or aluminum or concrete
mow edging.
•
Walton Homestead P.U.D.
Architectural Guidelines
Page 5 of 26
• d. Planting beds shall be covered with bank or earth tone
mulch.
e. Fences are allowed in side yards extending to the primary
structure mid-point from the rear yard. All fencing must meet
criteria outlined elsewhere in this section.
3. Rear yards shall be landscaped as follows:
a. Lawns shall be turf matching seed mix used throughout the
complex.
b. One deciduous canopy tree shall be placed in the rear yards
of all structures. For structures served by an alley, this
canopy tree shall be located within ten feet of the rear
property line. Coordinate location with utility routing.
c. Private gardens are allowed in rear yards only.
d. Fences are allowed in rear yards extending along the side
yard to a maximum of one-half the primary structure sidewall
length. All fencing must meet criteria outlined elsewhere in
this section.
e. Other creative installations of shrubbery, ground cover,
planting beds, native grasses, perennial beds and landscape
accent items (i.e., stones, sculptures, etc.) are allowed in rear
yards.
C. Duplex and Four-Plex Townhome Structures
• 1. Front yards shall be planted as follows:
a. For duplex structures, each unit shall have one accent
deciduous tree in the front yard. Fruit bearing trees are not
allowed.
b. For four-plex structures, the two end units shall have one
accent deciduous tree in the front yard. Fruit bearing trees
are not allowed.
c. Lawns shall be turf matching seed mix used throughout the
complex.
d. Planting beds shall be installed along unit frontage to a
minimum depth of three feet (3 ft).
e. Planting beds shall be planted to provide seasonal color.
Perennial flowers and flowing shrubs are encouraged.
f. Planting beds shall have plastic, aluminum, or concrete mow
edging.
g. Planting beds shall be covered with bark or earth tone mulch.
h. No fences are allowed in front yard areas.
2. Side yards shall be planted as follows:
a. Lawns shall be turf matching seed mix used throughout the
complex.
Walton Homestead P.U.D.
Architectural Guidelines
Page 6 of 26
• i
. b. Planting beds shall be installed along side yard building
frontage to a minimum depth of two feet (2 ft) or depth of
eave overhang, whichever is greater.
c. Planting beds shall have plastic, aluminum or concrete mow
edging.
d. Planting beds shall be covered with bark or earth tone mulch.
3. Rear yards shall be planted as follows:
a. Lawns shall be turf matching seed mix used throughout the
complex.
b. One deciduous canopy tree shall be placed in the rear yard
of each unit. For structures served by an alley, this canopy
tree shall be located within ten feet of the rear property line.
Coordinate tree location with utility routing.
c. Fences are allowed only surrounding private patios or decks.
See setback requirements (Section 3.03) for location
requirements. Fences must meet criteria outline elsewhere in
this section.
d. Private gardens are allowed only in fenced-in patio areas.
e. Other creative installations of shrubbery, ground cover,
planting beds, native grasses, perennial beds, are allowed in
rear yards.
D. Apartment Structures
1. All yards (front, rear and side yards) shall be planted as follows:
a. All landscaping shall conform to the requirements of
Bozeman Zoning Code Section 18.50.100.
b. Lawns shall be turf matching seed mix used throughout the
complex.
c. Where structures face a public R.O.W. accent deciduous trees
shall be planted at a minimum of two per building.
d. Planting beds shall be installed around the perimeter of each
structure. Each planting bed shall be a minimum of three
feet (3 ft) deep, or the depth,of the roof eave above,
whichever is larger.
e. Planting beds shall be planted to provide seasonal color.
Perennial flowers and flowering shrubs are encouraged.
f. Planting beds shall have plastic, aluminum, or concrete mow
edging.
g. Planting beds shall be covered with bare or earth tone rock
mulch.
h. Fences are not allowed.
i. Private gardens are not allowed.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 7 of 26
• Section 3.07 Residential Architectural Design Criteria
A. Purpose
1. The purpose of the following architectural design criteria is to
provide architects with a basic framework to organize individual
designs. The character of the Walton Homestead residential
neighborhood is conceived to be reminiscent of Bozeman's historic
south side. Because of this, these criteria are designed to
emphasize this purpose.
2. All proposed construction must be submitted for review to the
Walton Homestead Architectural Review Committee. This review is
to assure proposed designs meet all P.U.D. criteria and that
proposed designs adhere to the neighborhood character of the
development. (Please see Submittal Forms, Pages 25 & 26).
B. Architectural Character
1. In general, the architectural character desired for residential
structures in the Walton Homestead neighborhoods would be
reflective the craftsman and bungalow cottages found in Bozeman's
historic south side. The scale of these homes will be small, so
detail will be critical to add texture and character to each structure.
2. Creative architectural design is strongly encouraged. Designs that
reflect a modern interpretation of the historic model will be
• positively considered by the WHARC. Creating a new vision for
small residential structures will add to the success of the project.
3. As conceived, the Walton Homestead neighborhoods will be
pedestrian in character. Structures must emphasize this philosophy
through architectural design. Front porches are strongly
encouraged on all structures to create interaction between the
residences and the street. Wherever possible, garage access is to
be from an access alley or side street, to minimize interruptions to
the pedestrian zone along the primary streets.
C. Essential Design Elements
All structures must be designed to contain basic organizing elements.
These elements aid in creating visual balance for building design, and
will aid in making the development visually cohesive.
1. Base Element:
All structures must meet the ground through some type of base
element. Visually, the base creates the structure's connection to the
ground and must be perceived as a permanent and sound
connection. In addition, the base element can add visual mass to
a small structure and provide detail to add interest to the
architectural design.
Base elements must meet the following criteria:
• Walton Homestead P.U.D.
Architectural Guidelines
Page 8 of 26
i •
• a. The base element may be smooth finished concrete, brick,
stone, synthetic stucco, or other material that visually creates
a connection to the ground.
b. Exposed smooth finished concrete may be no taller than
eighteen (18) inches from finish grade to bottom of finish
wall material (siding, etc.).
1) On sloping sites the exposed concrete may extend to a
maximum height of three (3) feet and step down the
slope to minimize concrete exposure.
2) Concrete desired by architectural design to extend
above heights noted above must have an architectural
finish (i.e., exposed aggregate, textured finish, colored,
etc.).
c. Finish material used as a base wainscot, (i.e., brick, stone,
etc.) must transition at an interior corner. Wainscot material
may not stop or change height at an exterior corner.
d. Porches / Decks must be integrated into base design.
1) Height of wainscot should match railing height or other
horizontal band created by porch design.
2) Trim bands should continue from main structure onto
porch to visually tie porch to structure.
• 3) Voids under porch structure must be screened with base
material or lattice.
2. Walls and Facades
Each structure face shall be designed to create a unified image for
the building. Detail that adds character to the design is strongly
encouraged, and should be maintained on all wall faces. Creative
use of materials is also encouraged.
Walls and facades must meet the following criteria:
a. All facades of a structure shall be finished with similar
materials and detailed to create a unified image. Accent
materials and/or special detail or trim are not required to be
repeated on all facades.
b. . Building walls shall be clad in wood clapboard siding, wood
board and batten, vertically detailed tongue and groove
wood boards, wood shingles, cement board siding, pre-
finished corrugated metal siding, brick, and stone.
1) Other siding materials may be submitted to the WHARC
for approval. Material must add to the overall
character of the structure and may not detract from the
character of the neighborhood.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 9 of 26
• 2) Lap siding extending to the foundation shall terminate
with a trim board a minimum of eight inches (8 in) in
height.
c. Wall finish material shall be installed in a primarily horizontal
application. Accent materials and/or wall material on gable
ends or other locations where a material change is
appropriate, may be installed vertically. Diagonal
applications of wall finish material are strongly discouraged.
1) Window shutters are not allowed.
d. Material colors must be characteristic of historic craftsman
and bungalow structures. Colors shall be primarily earth
tones varying from white and cream to green and brown.
Accent colors should be used for trim and material changes
to add detail and character.
1) Adjacent structures must not be the some color scheme.
2) Attached structures (townhomes and apartments) are
exempt.
e. Variation in wall surface is encouraged. The use of
projecting bay windows, recessed wall areas and wall offsets
adds to the texture of the wall, and creates character to the
structure.
1) No wall surface may be continuous for more than thirty
• feet (30 ft) without a minimum eighteen-inch (18 in)
offset. This offset may be a projecting window bay,
window seat, accent detail or any other type of offset.
This offset does not need to extend the full height of the
wall.
2) Porches on the front and back of the structure are
assumed to create the required wall variation. '
f. Transitions in wall finish material must occur at an inside
building corner. No wall finish material may end or vary in
height at an exposed outside corner.
g. Window area may not exceed fifty percent (50%) of the wall
area of any facade. Each facade of the primary structure
shall have a minimum of two windows.
h. Structure front doors shall be wood-or painted metal. The
integration of sidelights on entry doors is strongly
encouraged.
1) Sliding glass doors are not allowed on building front
facades.
i. All window and door fenestration shall be surrounded with
trim boards of a minimum dimension of three inches (3 in).
Trim boards shall be painted an accent color to contrast the
wall finish.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 10 of 26
• j. Garage doors must be recessed a minimum of five feet (5 ft)
from the front facade of the structure.
1) Where a garage door is located within forty feet (40
feet) of a public R.O.W., individual garage doors shall
be used for each garage stall. The maximum width of
an individual door shall be ten feet (10 ft).
k. Designs that do not achieve these design criteria may be
submitted for review to the WHARC. Each design will be
reviewed on its own merit and whether or not it complements
the vision of the development.
3. Roofs
The roof elements create the three dimensional texture of the
streetscape. Variation in roof form and detail is encouraged to add
character to the neighborhood. Creative use of the roof mass to
provide second level living space is in keeping with the craftsman
and bungalow historic models and is strongly encouraged.
Roof design must meet the following criteria:
a. The primary roof shall be a gable or hip form with a pitch
between 6:12 and 12:12.
1) Alternate roof designs and or slopes not meeting these
criteria may be submitted to the WHARC for review.
The proposed design must provide a unique solution
• that adds to character of the neighborhood.
b. Roofs shall be clad with asphalt/fiberglass shingles, cedar
shingles, natural slate, artificial slate, or cement shingles.
Color shall be natural earth tones.
1) Metal roofing may be allowed on a case-by-case basis
by the WHARC.
c. Dormers and projecting roof elements are encouraged.
1) Shed dormers shall have a minimum slope of 3:12.
2) Gable dormers shall have a roof slope matching the
roof plane the dormer passes through.
3) The minimum dormer width is five feet (5 ft).
4) Different style dormers may not be combined on a
single roof plane.
d. Skylights and roof windows are allowed on all roof surfaces
except those facing a public R.O.W.
1) Bubble type skylights are discouraged.
e. Plumbing vent stacks, furnace and boiler flues, and all other
associated mechanical penetrations may not be located on a
roof surface facing a public R.O.W.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 11 of 26
• I) Routing of mechanical items is strongly encouraged to
be consolidated to minimize the number of roof
penetrations.
2) Creation of false chimney elements to contain flues,
vents, and other mechanical penetrations is strongly
encouraged.
3) Vents and pipe penetrations shall be painted to match
roof.
f. Eaves shall have a minimum depth of twenty-four inches (24
in). Rake eaves shall extend a minimum of eighteen inches
(18 in) from the wall plane.
1) In keeping with the craftsman and bungalow historic
models, open rafter style eaves is strongly encouraged.
2) Bay windows and other wall projections may extend to
the eave face.
g. Gutters and downspouts shall be pre-finished metal.
1) Color of gutter system must be complementary to
building color scheme.
2) Routing of downspouts shall be designed to minimize
potential for run-off to spill onto adjacent property.
h. Fireplace chimney elements shall be a minimum dimension
• of four feet (4 ft) by two feet (2 ft). Chimney may be clad in
siding material, brick, or stone in a detail complementary to
the overall design.
i. Designs that do not achieve these design criteria may be
submitted for review by the WHARC. Each design will be
reviewed on its own merit and whether or not it complements
the vision of the development.
4. Porches and Decks
As a design element, front porches are encouraged on all
residential structures. The front porch creates an interaction
between the residences and pedestrian zone along the street
R.O.W.
Porches are considered private gathering areas attached to the
residential structure. Porches will typically be located in rear yards
only. On single-family lots, porches may extend into and be visible
on side yard areas.
Porches and decks must meet the following criteria:
a. Front porches shall incorporate the main structure entry.
b. Porches and decks serving the ground floor living space shall
be not more than four feet above the adjacent sidewalk
fronting the property.
c. Porches, decks, and stairways serving these elements must be
• designed in accordance with the Uniform Building Code.
Walton Homestead P.U.D.
Architectural Guidelines
Page 12 of 26
• d. All front porches must be open on the entire length and
depth of the porch.
e. All front porches must have railings defining the perimeter of
the porch.
1) Porches not required to have railings by the Uniform
Building Code may modify the rail design to be lower
and have fewer intermediate members than typically
required by code.
2) Railings shall have a wood cap piece and intermediate
members running either vertically or horizontally.
i. Intermediate members shall have a minimum
dimension of one-and one-half inches (1 1/2 in)
square.
f. Porch structural members and associated railings and trim
shall be painted.
1) Wood decking shall be stained.
g. Front porches must be covered. Porch roof design must
integrate with structure form and detail.
h. Void space below front porches or decks must be enclosed to
within six inches (6 in) of finish grade with wood or vinyl
lattice or building wall base material.
i. Stairs serving front porches and decks visible from public
• R.O.W. must be constructed with closed risers to be
monolithic in form.
j. Stairway handrails shall be detailed to integrate with porch
railing and associated porch detail.
1) Where not required by the Uniform Building Code, stair
handrails may be omitted.
k. Decks that are not required to have guardrails by the
Uniform Building Code may be constructed without
guardrails.
I. Second level porches must be integrated into the structure
form. No second level deck may extend more than two feet
(2 ft) from the building face. In general, second level decks
are discouraged.
m. Designs that do not comply with these criteria may be
submitted to the WHARC for review. Each design will be
reviewed on its own merit and whether or not the design
meets the vision of the development.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 13 of 26
• !
• Article IV. Commercial Design Requirements
Section 4.07 Commercial Lot Size
A. Minimum lot size for a commercial building lot will be seven thousand
five hundred square feet (7,500 sf). Minimum lot width is fifty feet (50
ft).
1. Current plat for Walton Homestead P.U.D. identifies nine individual
commercial building lots.
2. Common open area for accessory parking and the central
pedestrian access way are excluded from the individual lots.
Section 4.02 Commercial Lot Coverage
A. Lot coverage for principal and accessory buildings shall not be more
than seventy-five percent (75%).
1. Common open area for accessory parking and central pedestrian
access way designed to serve these lots are excluded from the
individual lot square footage.
Section 4.03 Commercial Lot Setback Requirements
• A. Front yard setback will be a minimum of twenty-five feet (25 ft).
1. Along the west Oak Street frontage the required setback is fifty feet
(50 ft).
2. Allowed encroachments into the front yard setback include:
a. Entry canopies may encroach five feet (5 ft) into the rear yard
setback.
b. Exterior stairways and access ramps may encroach five feet
(5 ft) into the front yard setback.
3. The front yard setback will be assigned to the portion of the
commercial lot primarily addressing a public R.O.W.
a. Where a commercial lot is bounded on two sides by a public
R.O.W. the secondary R.O.W. setback may be reduced to
twenty feet (20 ft).
B. Side yard setback will be a minimum of eight feet (8 ft).
1. There are no allowed encroachments into a side yard setback.
C. Rear yard setback will be a minimum of fifteen feet (15 ft).
1. Allowed encroachments into the rear yard setback include:
a. Entry canopies may encroach five feet (5 ft) into the rear yard
setback.
b. Exterior stairways and access ramps may encroach five feet
• (5 ft) into the rear yard setback.
Walton Homestead P.U.D.
Architectural Guidelines
Page 14 of 26
• 0
• Section 4.04 Building Height
A. All commercial structures may be a maximum of thirty-eight feet (38 ft)
in height as identified in the City of Bozeman Zoning Ordinance.
1. Exceptions allowed to the maximum height include:
a. Parapets surrounding flat roof areas may extend a maximum
of six feet (6 ft). This includes parapets surrounding
mechanical equipment required to be screened.
b. Architecturally enhancing features used as accent elements to
emphasize form or a particular aspect of the structure may
exceed height limit by eight feet (8 ft).
1) As an accent element, area of structure exceeding
height limit may not exceed ten percent (10%) of the
building footprint.
c. Roof detail added to hide or contain mechanical equipment
or vents may exceed height limits by a maximum of six feet (6
ft).
d. Roof elements designed to provide natural daylight may
exceed height limit by four feet (4 ft).
Section 4.05 Commercial Parking Requirements
• A. Professional offices (not medical offices) shall provide one parking stall
for each four hundred gross square feet of floor area.
1. Gross floor area calculation may exclude common circulation
areas, common restrooms, mechanical rooms, janitorial spaces,
wall thickness, duct chases and any other common or non-
occupiable space.
B. All other commercial uses shall provide parking as required by the
current City of Bozeman zoning ordinance.
C. Residential occupancies located within a commercial structure can be
assumed to share a maximum of fifty percent (50%) of the required
parking for residential use. (Section 18.15.110 of the Bozeman Zoning
Ordinance— Paragraph 17.F.b.ii). *See code for specific criteria.
D. Commercial and associated residential occupancies may utilize fifty
percent (50%) of the on street parking fronting the subject property to
satisfy parking requirements.
1. Campers, boats, recreational vehicles, sporting equipment,
disabled vehicles, etc., may not be parked on the street.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 15 of 26
• Section 4.06 Commercial Landscape Requirements
A. General Items:
1. The commercial elements of the Walton Homestead Project are
conceived to create a transition between the residential elements
and west Oak Street. The Landscape design of the complex must
emphasize this transition and maintain the aesthetic character of
the residential components.
2. Emphasis should be placed on creating an active pedestrian zone
along the street frontage and pedestrian corridor through the
commercial complex. Landscape design should emphasize
building entries and pedestrian nodes along the interior walkways.
3. In conjunction with the following specific landscape criteria,
designers must adhere to the City of Bozeman Zoning Ordinance
requirements for landscape design.
4. Maintenance of all exterior landscaped areas will be by the Walton
Homestead Commercial Property Owner's Association. Irrigation
for landscaping on individual parcels will be the responsibility of
the property owner.
5. Each site owner will be required to meet minimum landscape
requirements as outlined in this document and the City of Bozeman
Zoning Ordinance. This will-include, but is not limited to: street
• trees, accent canopy trees, shrubs, mixed planting beds, and turf
lawns.
B. Standard Criteria
1. Each commercial lot must be landscaped to achieve the minimum
point requirements identified by the City of Bozeman Zoning
Ordinance (18.50.100).
2. Building entries addressing public street R. O. W. should be
emphasized with accent deciduous trees and/or planting beds.
3. Parking lot landscaping must meet minimum criteria identified by
the City of Bozeman Zoning Ordinance.
4. Building perimeters shall have planting beds installed to a
minimum depth of three feet (3 ft) or depth of roof eave overhang,
whichever is greater.
a. Planting beds may undulate to match adjacent grade
contours or building shape.
b. Planting beds shall have aluminum or concrete mow edge
installed.
c. Planting beds shall be covered with earth tone rock mulch.
d. Planting beds should be planted with plants that offer
seasonal color. Perennial flowers and flowering shrubs are
encouraged. Evergreen shrubs may be integrated in the
• Walton Homestead P.U.D.
Architectural Guidelines
Page 16 of 26
• planting scheme, but should not be primary planting
material.
e. Small accent trees may be installed in mow edge areas
where the planting bed is a minimum of ten feet deep.
Accent trees species shall be selected so they will not grow to
encroach on the building.
f. Planting beds shall tie to exterior walks and patios in a
logical way. This may require planting bed shape to be
manipulated at these locations.
5. Entry drives into commercial parking areas shall be emphasized
with planting beds providing seasonal color. Planting material
shall be chosen to minimize impact on sight triangle for vehicles..
6. Defined pedestrian nodes along interior walkways shall be
emphasized with planting. Deciduous trees shall be placed to
enclose seating areas. Planting beds should surround the
pedestrian node and be planted to provide seasonal color. Use of
perennial flowers and flowering shrubs is encouraged. Plant
species should be chosen to limit height of shrubs for safety
reasons.
7. Buildings fronting on west Oak Street will be designed to create a
pedestrian plaza along this frontage. In this area planting shall be
more urban in character.
• a. Street trees shall be installed in plaza walkway at forty feet
(40 ft) on center. These trees shall be deciduous trees that
will form a defined canopy no taller than thirty feet at
maturity.
1) Street trees shall have cast iron grating installed to
continue walk surface.
2) Protective iron surrounds shall be installed at each street
tree.
b. Planting beds shall be installed along building frontage
between entry locations.
1) Planting beds must be a minimum of six feet in depth.
2) Planting beds shall be covered with earth tone rock
mulch.
3) Planting beds shall be planted to add seasonal color to
entry areas.
Section 4.07 Commercial Architectural Design Criteria
A. Purpose
1. The purpose of the following architectural design criteria is to
provide architects with a basic framework to organize individual
designs. The character of the Walton Homestead Commercial
Walton Homestead P.U.D.
Architectural Guidelines
Page 17 of 26
! t!
• Complex is to be as a transition between the residential component
of the project and the commercial character along West Oak
Street.
2. All proposed construction must be submitted for review to the
Walton Homestead Architectural Review Committee (WHARC). This
review is to assure proposed designs meet all P.U.D. criteria and
that they adhere to the envisioned character of the development.
(Please see Submittal Forms, Pages 25 & 26).
B. Architectural Character
1. The commercial structures are envisioned to add a definite
commercial imagery to the development. The structures should
present a modern interpretation of historic structures found in
downtown Bozeman. Creative architectural design is strongly
encouraged.
2. Commercial structures must enhance the pedestrian character of
the development. Buildings must address adjacent streets with
building entries, as well as accessory parking lots. Pedestrian scale
must be considered in building form and detailing.
3. Structure design must consider interaction with other structures in
the complex. Orientation of building, location of entries, building
landscaping, location of mechanical equipment, etc., must consider
other structures and potential future development.
4. Exterior finish materials for structures in the commercial area must
• complement other commercial structures in the complex as well as
the residential character of the development. Creative use of
materials is strongly encouraged.
C. Essential Design Elements
All structures must be designed to contain basic organizing elements.
These elements aid in creating visual balance for building design, and
will aid in making the development visually cohesive.
1. Base Element:
All structures must meet the ground with some type of base
element. For commercial structures, the base will visually tie the
building to the ground. It also will add a human scale to that
portion of the building at the pedestrian level.
Base elements must meet the following criteria:
a. The base element will preferably be brick. Other materials
that may be considered are: Architecturally finished
concrete, stone, architectural metal panels, or synthetic
stucco.
b. For one or two story structures, the base must be a minimum
of four feet (4 ft) in height around the structure perimeter.
Variations in height (taller than four feet) are strongly
encouraged at building entries and other points on the
• building to assist in adding detail to the structure.
Walton Homestead P.U.D.
Architectural Guidelines
Page 18 of 26
• c. For three story structures, the base must extend the height of
the first story. Variations in height (taller than the first story)
are encouraged at building entries and other points on the
building to assist in adding detail to the structure.
d. Base material must be detailed to break up large
uninterrupted areas to create visual interest. Variations in
brick coursing, inset panels, etc., are acceptable techniques.
e. Base material must change elevation at an interior corner.
Base material may not change height or transition to another
material at an outside corner.
2. Walls and Facades
Each structure face shall be designed to create a unified image for
the building. Detail that adds character is strongly encouraged
and should be maintained on all wall faces. Creative use of
materials is also encouraged.
Walls and facades must meet the following criteria:
a. All facades of a structure shall be finished with similar
materials and detailed to create a unified image.
b. Building walls shall be clad in brick, synthetic stucco,
architectural metal, or other commercial character finish
material.
1) Wood finish materials may be considered on a case-by-
case basis. The character of the commercial complex is
intended to contrast from the residential components, so
residential detailing is discouraged.
2) Other wall finish material may be submitted to the
WHARC for approval. Material must add to the overall
character of the structure and may not detract from the
character of the complex.
c. Material colors must be earth tones characteristic of the
historic downtown model. Accent colors shall not detract
form overall appearance.
d. Variation in wall surface is strongly encouraged. The use of
recessed or projecting wall areas, and wall offsets adds to the
texture of the wall, and creates character in the structure.
1) No wall surface may be continuous for more than
seventy-five feet (75 ft) without a minimum two feet (2 ft)
offset. This offset does not need to extend the full height
of the wall.
e. Transitions in wall finish material must occur at an inside
building corner. Wall finish material may not end or vary in
height at an exposed outside corner.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 19 of 26
• f. Material changes that occur over the height of the wall shall
be emphasized with detail in the wall finish material .(i.e., an
accent band, or variation in brick coursing).
g. All entries must be covered. Projecting awnings, and or entry
canopy structures are allowed. Recessed entries are
acceptable.
1) Fabric covered canopies will be considered on a case-
by-case basis.
h. Second or third level exterior decks shall not extend beyond
the building face. Decks must be integrated into the building
form.
1) No deck may be continuous for more than one third
(1/3) of the associated wall face. (*Wall face measured
along wall segments adjacent to deck on same level as
deck.)
i. Designs that do not achieve these design criteria may be
submitted for review to the WHARC. Each design will be
reviewed on its own merit and whether or not it complements
the vision of the development.
3. Roofs
The roof elements create the three-dimensional texture of the
streetscape. Variation in roof form and detail is encouraged.
• Creative manipulation of building form will add to the building
character and add-to the aesthetic impact of the commercial
complex.
Roof design must meet the following criteria:
a. Roofs may be sloped or flat as follows:
1) Floor roof areas may be contiguous for no more than
three thousand square feet (3,000 sf). Horizontal
planes of flat roof must be broken with an elevation
change, integration with another roof form, integration
with a skylight system, or be visually broken with
parapet manipulation.
2) Sloped roof elements shall be gable or hip form with a
pitch between 5:12 and 10:12.
b. Exposed roof slopes shall be clad with asphalt/fiberglass
shingles, natural slate, artificial slate, cement shingles, or
pre-finished metal. Colors shall be natural earth tones.
c. Dormers and projecting roof elements are encouraged.
1) Shed dormers shall have a minimum slope of 3:12.
2) Gable dormers shall have a roof slope matching the
roof plane that the dormer passes through.
3) The minimum dormer width is eight feet (8 ft).
• Walton Homestead P.U.D.
Architectural Guidelines
Page 20 of 26
• 4) Different style dormers may not be combined on a
single roof plane.
d. Skylights and roof windows are aligned on all roof surfaces
except those facing a public R.O.W.
e. Mechanical equipment, plumbing vents, furnace and boiler
flues, and all other associated mechanical penetrations may
be located on sloped roof planes facing a public R.O.W.
1) Routing of mechanical items is strongly encouraged to
be consolidated to minimize the number of roof
penetrations.
2) Creation of false chimney elements to contain flues,
vents, and other mechanical penetrations is strongly
encouraged for structures with sloped roofs.
3) Vents and pipe penetrations on sloped roofs shall be
painted to match roof.
f. All roof mounted mechanical equipment shall be screened
from view.
1) Screen assembly shall integrate with building design
through material and form.
2) Extended wall parapets will suffice for equipment screen
if no part of equipment is visible from any public
R.O.W. within five hundred feet (500 ft).
• g. For sloped roofs, the minimum eave depth is thirty-six inches
(36 in). Rake eaves shall extend a minimum of eighteen
inches (18 in).
1) Sloped roofs that terminate in a parapet wall are not
required to meet minimum eave extension.
h. Skylights and other natural daylight systems are strongly
encouraged. Integration of these designs with the building
and roof forms is necessary.
i. Designs that do not achieve these design criteria may be
submitted for review by the WHARC. Each design will be
reviewed on its own merit and whether or not it complements
the vision of the development.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 21 of 26
• •
• Article V. Plan Submission Requirements
Section 5.01 Commercial Lot Size
A. Sketch plan submittals are required for all projects within the Walton
Homestead P.U.D. Sketch plan review will verify that site setback
requirements have been met and that all designs reflect the design
requirements outlined in the architectural guidelines.
B. All sketch plan submittals must include the following:
1. Form A (See Page 25) fully filled out and signed.
2. The following drawings on a minimum 11" x 17" sheet (maximum
drawing size is 24" x 36").
a. Site Plan showing the following:
1) Drawing scale and north arrow.
2) Property lines and setbacks.
3) Building footprint(s), including attached porches, decks,
etc.
4) Dimensioned driveways, walkways, and surface patios.
5) Approximate elevation of building first floor and
elevation of street at access point.
6) Approximate site grading.
7) Conceptual drainage plan.
8) Conceptual landscape plan.
b. Floor Plans (1/8" = 1'-0" minimum scale) showing the
following:
1) Overall building dimensions.
2) Building footprint square footage and total square
footage.
3) Rooms labeled and interior dimensions noted.
4) All window and door locations shown. Door swings
shown.
5) All floor and roof overhangs shown and noted.
c. Elevations (1/8" = 1'-0" minimum scale) showing the
following:
1) Principal materials depicted and labeled.
2) Floor heights noted.
3) Porches and decks shown accurately with associated
stairs, railings, and other details.
4) Overall building height.
5) Roof pitch(es) indicated.
Section 5.02 Construction Plan Submittal
A. Construction plan submittals are required for all projects. This review
verifies each design meets the requirements of the architectural
• Walton Homestead P.U.D.
Architectural Guidelines
Page 22 of 26
• 0
• guidelines. In addition, this review is to verify comments made during
sketch plan review have been incorporated into the final design.
B. All construction plan submittals must include the following:
1. Form B (See Page 26) fully filled out and signed.
2.. The following drawings are required to be on a minimum 11" x 17"
sheet (24" x 36" maximum sheet size).
a. Site plan showing the following:
1) Drawing scale and north arrow.
2) Property lines and setbacks with dimensions.
3) Building footprint square footage and dimensioned
location on the property.
4) Identification of all elements that encroach into a
setback (even if specifically allowed by the architectural
guidelines).
5) Locations, material, and dimension of all surface
paving.
6) Utility connections to structure.
7) Location of any ground mounted mechanical
equipment.
8) Location of garbage dumpster locations (commercial
projects).
9) Storm water plan with associated calculations.
10)Site grading.
• 11)Site lighting including detail of proposed lights.
b. Landscape plan showing planting scheme and identifying
planting material and standard instruction details.
c. Floor plans showing the following:
1) All floor plans fully dimensioned (1/8" = 1'0" minimum).
2) Total enclosed square footage noted.
3) Wall and window openings shown and dimensioned.
4) Interior rooms labeled and dimensioned.
5) All overhands (floor and roof) shown and noted.
d. Elevations and sections showing the following:
1) All building elevations (1/8" = 1'0" minimum) depicting
materials and detail.
2) Color/material board with samples of proposed
materials.
3) All floor heights and maximum building height.
4) A minimum of one full building section at (1/4" = 1'0"
minimum) showing all structural systems.
5) Wall section(s) at porch elements and o other projecting
elements.
6) Other wall sections as necessary to explain construction.
• Walton Homestead P.U.D.
Architectural Guidelines
Page 23 of 26
• Section 5.03 Review Process
A. All submittals shall be made by Thursday of each week. Submittals
shall be mailed or delivered to:
Oakway LLC
2066 Stadium Drive, Suite 101
Bozeman, Montana 59715
B. Submittals will be reviewed by the Walton Homestead Architectural
Review Committee during the following week.
1. Questions that arise during the review will be addressed in writing
to the applicant.
2. When the review is complete and the project is accepted, a letter
will be sent to the applicant with any conditions or corrections
noted.
3. Review and approval by the WHARC does not mean project is
exempt from review by the City of Bozeman planning staff.
Applicant must notify City of Bozeman of project and verify
separate review requirements.
4. As construction may occur until final acceptance is received by the
WHARC and the City of Bozeman Planning Office.
•
• Walton Homestead P.U.D.
Architectural Guidelines
Page 24 of 26
FORM A
SKETCH DESIGN REVIEW APPLICATION
LOT NUMBER:
Owner:
Address:
Telephone: FAX:
BUILDER:
Firm:
Address:
Telephone: FAX:
ARCHITECT/DESIGNER:
Firm:
Address:
Telephone: FAX:
LANDSCAPE ARCHITECT:
Firm:
• Address:
Telephone: FAX:
INFORMATION
1. Are any variances from the Walton Homestead Architectural Guidelines
being requested under this application? O Yes O No
If yes, please describe the variance and the reason for it.
2. Drawings submitted (please check):
O Site Plan
O Floor Plans
O Roof Plan
O Elevations & Sections
O Samples & Cut Sheets
O Rendered Elevation
O Landscape Plan.
O Signage Details (Commercial only)
Submitted by: Date:
Signature:
• Walton Homestead P.U.D.
Architectural Guidelines
Page 25 of 26
FORM B
CONSTRUCTION DESIGN REVIEW APPLICATION
• LOT NUMBER:
Owner:
Address:
Telephone: FAX:
BUILDER:
Firm:
Address:
Telephone: FAX:
ARCHITECT/DESIGNER:
Firm:
Address:
Telephone: FAX:
LANDSCAPE ARCHITECT:
•
Firm:
Address:
Telephone: FAX:
Drawings submitted (please check):
O Site Plan
O Floor Plans
O Roof Plan
O Elevations & Sections
O Samples & Cut Sheets
O Rendered Elevation
O Landscape Plan
O Signage Details (Commercial only)
Submitted by: Date:
Signature:
•
Walton Homestead P.U.D.
Architectural Guidelines
Page 26 of 26
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DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
WALTON HOMESTEAD SUBDIVISION
July 31, 2002
TABLE OF CONTENTS
• DECLARATION
OF
COVENANTS,CONDITIONS AND RESTRICTIONS
FOR
WALTON HOMESTEAD SUBDIVISION
ARTICLE 1 -DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 1
ARTICLE.II-PROPERTY RIGHTS . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . 5
ARTICLE III-ASSOCIATION MEMBERSHIP AND VOTING RIGHTS . . . . . . . . . . . . . . . . 5
ARTICLE IV OBLIGATION AND LIEN FOR ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE V -ADDITIONAL COVENANTS - CONDOMINIUMS/
COMMON AREAS/OPEN SPACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE VI- GENERAL PROVISIONS . . . : . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 1 - Condemnation of Common Area . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 2 -Recreational Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 3 =Access; Certain Additional Improvements . . . . . . . . . . . . . . . . . . . . . . . 12
Section 4 - On Site Burning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 5 - Creation of Volunteer Committees and
Architectural Review committee (ARC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 6 -Domestic Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Section 7 -Landscape Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 8 -Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 9 -Junk Vehicles, Equipment or Other Miscellaneous Paraphernalia . . . . . . . . 13
Section'l0 -Discharge of Firearms . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . 14
Section 11 - Satellite Dishes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 14
Section 12 -Building Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 13 -Design and Square Footage of Dwellings,Appartments
and Commercial Buildings . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 14
Section 14- Wood Burning Devices . . . . . . .. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . 14 .
ARTICLE VII-ENFORCEMENT, DURATION AND AMENDMENT . . . . . . . . . . . . . . . . . 14
DECLARATION
• OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
WALTON HOMESTEAD SUBDIVISION
THIS DECLARATION of Covenants, Conditions and Restrictions ("Covenants")
regulating and controlling the use and development of the property as hereinafter described is
made, published, adopted, imposed and declared on the property herein described by DURSTON
DEVELOPMENT CORP., INC. , a Montana Corporation of 2066 Stadium Drive, Suite.202B,
Bozeman, Montana,hereinafter referred to as "Declarant", the Developer and Owner of all lots
and lands within Walton Homestead Subdivision, according to the Official Plat thereof on file
and of record in the office of the Clerk and Recorder of Gallatin County, Montana, hereinafter
referred to as the "Property", or the"Subdivision".
The Property, a Planned Unit Development(PUD), is located within City of Bozeman
and is subject to the Bozeman City Ordinances, including Zoning Ordinances The Subdivision
consists of a residential area, an apartment area and a commercial area with offices, above office
apartments and some other commercial uses as are allowed under the zoning and PUD
regulations.
•
NOW THEREFORE, Declarant, hereby declares that all of the Property shall be owned,
held, sold, conveyed, encumbered, leased, used, occupied and developed subject to the following
Covenants, Conditions and Restrictions (COVENANTS). The Covenants are established for
the purpose of protecting the value and desirability of the Property, the aesthetic nature of the
Property and promoting the quality, appearance, and compatibility of design of the dwellings,
buildings, lawns, and landscaping, and other improvements located thereon, and for the orderly
development of the property and the administration thereof. The covenants shall run with the
Property and be binding on all parties having a right, title or interest in the described Property or
any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner
of any part thereof.
ARTICLE I
DEFINITIONS
Section 1:
"Architectural Design" shall mean the building design standards set forth in the Design
Guidelines for dwellings, buildings, landscaping and other structures within the Subdivision. All
Owners are urged to design residences and incidental structures so as to reflect the mountain
character of the community.
•
DECLARATION OF COVENANTS AND RESTRICTIONS-1 K:\CLIENT\OAKWAY\COVENANTS
Section 2:
•
"Architectural Review Committee" ("ARC") shall mean the committee appointed.by the
Declarant or Board of Directors of the Association consisting of two (2) or more persons
responsible for the review of the architectural design of all dwellings, buildings, landscaping and
other structures and improvements in the subdivision pursuant to the Design Guidelines, these
Covenants, the City of Bozeman Zoning Regulations and the PUD requirements.
Section 3:
"Association" shall mean and refer to WALTON HOMESTEAD OWNERS
ASSOCIATION, INC., a Montana Non-Profit Corporation, and its successors and assigns,
established to administer and enforce the terms and conditions of this Declaration as set forth
herein and in the Bylaws adopted by the Association.
Section 4:
"Board" shall mean the elected or appointed Board of Directors of the Association, the
non-profit corporation established to administer and enforce the terms and conditions of this
Declaration as set forth herein.
Section 5:
• "Building Envelope"" shall mean that ortion of each lot within which the structure must
p
be located. Structures shall include commercial buildings, apartments, dwelling units, decks,
patios and garages. Common elements, such as utilities,parking,recreational facilities,
landscaping and site access may be located outside of the Building Envelope. The building.
envelope is limited by the square foot size of the building and structural appurtenances allowed
on a lot. .The ARC shall establish the square foot size of each building and the building envelope.
on a lot by lot basis, or may set forth the square foot size and the building envelope for some or
all of the lots in the subdivision in the Design Guidelines
Section 6:
"Bylaws" shall mean the Bylaws for the operation of the Association adopted by the
members of the Association, or.by its Board of Directors, and as amended from time to time.
Section 7:
"Common Easement" shall mean the easement(s)reserved herein unto.the Declarant and
the Association around the dwellings and buildings, in, on and under the park areas;parking
areas for the installation,repair and maintenance of common elements and facilities for the
benefit of the lot and unit owners and the subdivision, including,-but not limited to, landscaping,
lawns,pathways,walkways,'sidewalks,boulevards,recreational areas,parking, drainage areas,
DECLARATION OF COVENANTS AND RESTRICTIONS-2 KACLIENT\OAKWAY\COVENANTS
• sewer, fire protection facilities,water, utility lines, irrigation sprinkler systems, storm sewer
lines,mail boxes, signage, lighting and other improvement or amenities installed or services
rendered to the lot and unit owners or the Association for the common use and enjoyment of all
lot and unit owners.
Section 8:
"Common Areas"shall mean the Common Easement Areas, walkways, sidewalks, roads,
lawn areas and parks within the subdivision which are to be maintained by the Association and
authorized to be used by the lot and unit owners for their enjoyment.
Section 9:
"Common Elements" shall mean the common easements, common areas and common
facilities in the Subdivision.
Section 10:
"Common Services" shall mean services provided by the Association to the lot owners
and in, on and under the common element easements and other common areas and easements for
the purposes set forth'in Section 7 above, and such other and further services provided as shall
benefit the owners of lots and units within the Subdivision and the common areas within the
• Subdivision.
Section 11:
"Declarant" shall mean the developer of the property, Durston Development,Corp., Inc.,
or its successors and assigns. The original developer may assign its rights to develop the property
or any part thereof to another person or entity,.who shall have the rights of Declarant set forth
herein, with respect to such property.
Section 12:
"Design Guidelines" shall mean those guidelines established and adopted by the
Declarant and/or the Board of Directors of the Association to establish the architectural design
and standards for dwellings,buildings,.structures, improvements and landscaping and to control
the development of single and multiple family units, and commercial units on the lots within the
Property. The Design Guidelines shall contain minimum standards for the architectural design
and construction of all structures within the Property, the landscaping of all lots within the
Property,-fencing and other guidelines as the Declarant or the Board, in its judgment, deems
appropriate. The Design Guidelines may vary from phase to phase within the Subdivision and
may vary from the type of structure, that is single family dwelling lots,multi-family dwelling
lots, apartment lots, and commercial building lots.
•
DECLARATION OF COVENANTS AND RESTRICTIONS-3 KACLIENINOAKWAYNCOVENANTS
Section 13:
"Development"shall mean any alterations of the natural land surface, and all.roads,
sidewalks, lighting, common facilities, dwelling units, apartments, commercial buildings,
condominiums, structures, water system, sewer system or other improvements placed on the
property to accommodate the use of the lots.
Section.14:
"Internal Trails" shall be those trails and walkways set forth as delineated on the Final
Plat, or any relocation thereof, for Walton Homestead Subdivision, for non-motorized use of the
lot and unit owners, their families, tenants, guests and invitees.
Section 15:
"Lot or Lots" shall mean and refer to any of the lots which are shown upon the recorded
subdivision plat of the Property filed by the Declarant in the Office of the Gallatin County Clerk
and Recorder.
Section 16:
"Parks" shall mean those areas designated on the plat as park lands.
• Section 17:
"Owner" or"Unit Owner" shall mean and refer to the record Owner of a lot or a unit,
whether one or more persons or entities, of a title to any lot or unit including contract buyers and
.Owners of a beneficial interest,but excluding those having such interest merely as a Mortgage,
Deed of Trust or Trust Indenture as security for the performance of an obligation on a loan.
Section 18:
"Plat" shall mean the Subdivision plat of Walton Homestead Subdivision filed of record
with the Clerk and Recorder of Gallatin County Montana.
Section 19:
"Property" shall mean the Walton Homestead Subdivision and all real property included
therein.
Section 2.0:
"Unit"shall mean a building or part of a building on a lot, including one or more rooms
occupying one or more floors of a building intended for any type of independent use and with a
• direct ekit to the outside or.to a common area leading to a public sidewalk or public street. A
DECLARATION OF COVENANTS AND RESTRICTIONS-4 K:\CLIENTNOAKWAY\COVENANTS
single family unit would be one (1)unit. A duplex would be two (2)units. An office
• condominium building with four office suites would be four(4)units.
Section 21:
"Structure" shall mean anything built or placed on the ground, excluding ground level
features such as driveways, sidewalks,walkways or low profile patio slabs contiguous to homes
or patio fences.
ARTICLE II
PROPERTY RIGHTS
Section 1 - Owners' Easements of Enjoyment:
Each Owner of a lot or unit,his or her family, guests and invitees shall have a right and
easement.of enjoyment in and to the Common areas including internal trails and walkways,park
areas and the lawn areas maintained by the Association, and made available as a common area to
'the lot and unit owners, and common area facilities which shall be appurtenant to and shall pass.
with title to every lot and unit, subject to the following provisions:.
(a) 'The.right of the Association to charge reasonable assessments for the use and
maintenance of the Common Areas, Common Roads, Internal Trails and common
area facilities as herein set forth.
(b) The right of the Association to establish and publish rules and regulations,
including speed limits, for the use of the Common Roads,.Common Areas,
common area facilities and Internal Trails as to.impose reasonable sanctions for
violations of published rules and regulations.
(c) The right of the Declarant or the Board of Directors of the Association to dedicate
or transfer all or any part of the common roads or parks to.the public or to any
public agency, authority or utility for such purposes and subject to such conditions
as may be agreed to by the Declarant or Board of Directors.
ARTICLE III
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 1 -Association, Management Operation and Administration:
The Walton Homestead Owner's Association(Association) is hereby established. The
Association shall be managed, operated and administered by a Board of Directors initially
comprised of the appointments of Declarant and after the first annual meeting composed of three
'(3) to nine(9)members elected by a majority of the votes of the lot and unit owners in
accordance with the procedures set forth in the Bylaws of the Association, subject to Declarant's
• K:\CLIENT\OAKWAY\COVENANTS
DECLARATION OF COVENANTS AND RESTRICTIONS-5
• right to appoint a majority of the persons on the Board until 90% of the lots and units are sold to
third parties.
Section 2 -Association Membership:
Every Owner of a lot or a unit shall be a member of the Association. Membership is
mandatory and appurtenant to, and may not be separated from ownership of a lot.
Section 3 -Voting Rights:
The Association shall have one class of voting membership. The members shall be all
Owners of lots and units and shall be entitled to one vote for each lot or unit owned. When more
than one person holds an interest in any lot or unit, all such persons shall be members. The vote
for such lot or unit shall be exercised as they among the owners as they shall determine,but in no
event shall more than one vote be cast with respect to any unit. The owner of an undeveloped
lot shall have one vote. The owners of a developed lot shall have one vote per unit on the lot. In
the case of a condominium,the unit owners may delegate their voting rights to the Board of
Directors of the Unit Owners Association or to the manager.
Section 4 -Purpose of Association:
The purpose of the Association is to promote,manage, administer,maintain and operate
• the property and the common roads, common areas, common elements, common easements and
facilities, through its Board of Directors who shall have the authority to enforce these Covenants
and the Bylaws of the Association and perform the powers, duties and responsibilities (express or
implied) imposed upon the Association by these Covenants and the Bylaws and regulations of the
State of Montana and ordinances of the City of Bozeman and for the purpose of establishing a
budget and assessing the Owner for the costs, fees and expenses of the Association. The Board
of Directors shall have the powers and duties necessary to enforce and carry out the Association's
functions as set forth in these Covenants,Montana law and as set forth in the Articles of
Incorporation,Bylaws and rules and regulations of the Association and any amendments thereto.
Section 5 -Association's Power to Assess:
The Association,through its Board of Directors, shall have the authority to assess and
levy such charges and assessments, as.provided in the Covenants, to the members for the costs of
management;administration, operating and maintaining the property, including but not limited
to, common elements, common easements, common areas and facilities including,water supply
facilities, sewer facilities, fire protection facilities,recreational facilities and other amenities and
as are reasonably necessary to carry out its responsibilities and duties including the enforcement
of these Covenants,prosecuting and defending claims and lawsuits and the cost and fees of
hiring professional assistance such as accountants and attorneys. The Bylaws shall elaborate the
purpose of assessments and methods of procedurally establishing and collecting assessments.
• DECLARATION OF COVENANTS AND RESTRICTIONS-6 K:\CLIENnOAKWAY\COVENANTS CLIENT\OAK AY\COVENANTS
• Section 6- Special Powers and Duties of the Declarant and Board of Directors of the
Association:
The Declarant or the Board of Directors,by a majority vote, may approve boundary line
adjustments or changes in the location of roads, paths and utility easements,providing such
adjustments or changes are approved by the City of Bozeman in compliance with the Montana
Subdivision and Platting Act and the City of Bozeman Ordinances. Each lot resulting from,a.
boundary line adjustment shall be subject to these Covenants as if one lot.
In addition to the powers and duties set forth in these Covenants or by Montana law, the
Board shall have such powers and duties as are set forth in the Bylaws.
ARTICLE IV
OBLIGATION AND LIEN FOR ASSESSMENTS
Section 1 - Creation of the Lien and.Personal Obligation of Assessments:
Each Owner of any lot or a unit by acceptance of a.deed,purchase or contract consents to .
the creation of a lien against the Owner's real property to the extent of non-payment of any
assessment for maintenance or otherwise levied by the Association, therefore,whether or not it
shall be so expressed in such deed, is deemed to have consented to be subject to these Covenants
• and assessments and agrees to pay to the Association the Owner's share of
(a) Operating assessments or charges; and
(b) Capital assessments for capital improvements, such assessments to be established
and collected as hereinafter provided; and
(c) Other budget items established by the Board and as authorized in these Covenants
or the Bylaws.
The operating and capital assessments, together with interest, costs and reasonable
attorneys fees, shall be a charge on the land, shall be the personal obligation of the entity or
person(s)who was the Owner of such lot(s).at the time when the assessment fell due, and shall
be a continuing lien upon the Property against which each such assessment is made, even though
ownership and budget items and assessments change.
ARTICLE V
ADDITIONAL COVENANTS-CONDOMINIUMS/COMMON AREAS/OPEN SPACE
Section 1
Condominiums are allowed to be,created on the apartment,multi-dwelling and
• commercial lots..
DECLARATION OF COVENANTS AND RESTRICTIONS-7 K:\CLIENnOAKWAY\COVENANTS
• Each condominium unit created shall be entitled to one membership and one vote, on
Association matters.
Section 2 -Maintenance of Common Areas and Facilities:
The Association shall be responsible for the operation, maintenance, upkeep,repair and
replacement of all common areas and common facilities.
Section 3 -Trails and Walkways:
Trails and walkways shown and set forth on the Final Plat are for the passive enjoyment
of the Owners, their tenants, guests and invitees. The Declarant or the Association may install
Internal Pedestrian Trails for walking,hiking,jogging, cross country skiing, and similar non-
motorized vehicular activities by Owners. Except for construction and maintenance equipment
no motorized equipment or vehicles shall be permitted on the trails. Either the Declarant or the
Association, with the written consent of the Declarant, may link or combine the trail system with
other trail systems in the area and may grant non-exclusive easements to other entities, or to the
public, to use the trail system. The Association, through its Board of Directors, may establish
rules for the use of such trail system.
Section 4- Use of Parks
• The use of those areas designated on the plat as "Parks" shall be limited to the passive and
active recreation, and protection of scenic, unique or important natural features use of the
members,their families,-guests, and invitees. The Association may establish rules for the use of
the Parks consistent with these Covenants and Bylaws.
Section 5- Parks and Mandatory Requirements:
A. The Parks within the Property as designated on the Final Plat is granted to and shall be
owned, held and maintained by the Association in perpetuity unless the City requires that the
Parks be conveyed to the public or the City of Bozeman. The Board, among its other duties,
shall establish assessments for the taxes, insurance and maintenance of all Parks, common areas,
common elements and facilities.
The Association shall be responsible for acquisition of liability insurance,payment of real
estate taxes an assessments and the maintenance of recreation and other facilities in the Parks,
and other common areas and facilities as well as the trails throughout the Park and other
common areas. The assessments:levied by the Board for the maintenance, upkeep,repair and
operation of Open Parks and other Common Areas, including the trails shall, like all other
assessments, become a lien on each lot within the Property. The Board may, in its discretion,
adjust the assessments to meet the changing needs of the community and the areas serving the
community.
•
DECLARATION OF COVENANTS AND RESTRICTIONS-8 K:\CLIENT\OAKWAY\COVENANTS
• The Board shall be aware of and all lot and unit Owners are advised that the real property
taxing authorities may satisfy real property tax claims against the Parks owned by the Association
and other common areas,by proceeding against the individual lot Owners, as well as the
Association, and the lots, dwelling units and other improvements on the individual lot Owners'
.`lots, as well as the improvements, if any there be, in the Parks, and other Common Areas.
Therefore, it shall be the responsibility of the Association to pay all real property taxes and
assessments on all property owned by the Association in a timely manner.
B. Notwithstanding anything to the contrary in this Declaration, the governing body of
the City of Bozeman, City Commissioners,has imposed, through the preliminary plat approval,
the following mandatory covenants, none.of which shall be amended,modified or changed
without the express written approval of the Commissioners:
MANDATORY CITY OF BOZEMAN COVENANTS
(a) All structures shall be constructed by each lot owner in compliance with the
current Uniform Building Codes.
(b) The Association shall be responsible for the control of noxious weeds.within the
common areas and parks.
(c) Membership in the Association shall be mandatory for each owner of a lot and
• unit,who must be required to pay fees to.the Association for taxes, insurance, and
maintenance of common open space.
(d) The Association shall be responsible for the operation and maintenance of all
interior common areas and parks.
(e) Pets shall be controlled and maintained on a leash under the good control of each
owner and not allowed to roam freely within the subdivision.
(f) Any covenant which is included herein as mandatory requirements as a condition
of preliminary plat approval and required by the City of Bozeman may not be
amended or revoked without the mutual consent of the Owners in accordance with
the amendment procedures in these covenants and/or the governing body of the .
City of Bozeman.
Section 7- Lawn Care and Weed Control:
The Association shall be responsible for the-care of the lawns and landscaping, except the
lot and unit owners shall be responsible for the care,maintenance and replacement of trees and
shrubbery located on their lot. There shall be a planting area for shrubs and flowers
approximately three feet around each dwelling which is reserve for the use.of the lot owner to
plant and care for shrubs and flowers.When as residence is constructed on a lot;the lawn and
DECLARATION OF COVENANTS AND RESTRICTIONS-9 K:\CLIENT\OAKWAY\COVENANTS
• landscaping shall be installed by the lot or unit owner the next planting season after the receipt of
a certificate of occupancy for a residence. Upon receiving a building permit, the lot owner or his
contractor shall contact the Association to hook up to the common sprinkler system in
accordance with the rules and regulations of the Association and shall pay the cost of installation
and hook up to the irrigation system. Once the sprinkler system is operable, the Association shall
be responsible for the watering, cutting and maintenance of the grass, and weed control and shall
assess the lot owners for the cost thereof.
Unimproved lots shall be kept free of weeds. If a lot must be cleared of weeds and the
Owner fails to do so after notice from the Association, the weeds may be cleared and controlled
and the cost and expense associated with such weed maintenance shall be assessed the lot and
such assessment may become a lien if not paid within thirty(30) days of the mailing of such
assessment.
Weeds shall be controlled in the Parks, lawns and Common Areas by the Association.
The control of noxious weeds by the Association on those areas for which the
Association is responsible and the control by individual Owners on their respective lots shall be
as set forth and specified under the Montana Noxious Weed Control Act, §7-22-2101, et seq.,
MCA and the rules and regulations of the Gallatin County Weed Control District Subdivision
Noxious Weed Planning Requirements as the same exist from time to time.
• Section 8-Noxious, Offensive, or Hazardous Activities:
No noxious, offensive, or hazardous activities shall be permitted upon any portion of the
Property nor shall anything be.done on or placed upon any portion of the Property which is or
may become a nuisance to others. No light shall be produced upon any home.site or other
portion of the Property which shall be unreasonably bright or cause unreasonable glare. Exterior
loud speakers shall be prohibited. No sound shall be produced on any home site or other portion
of a property which is unreasonably loud or annoying, including but not limited to speakers,
horns,whistles or bells.
Section 9-Preservation of Common Areas, and Facilities:
The Owners of all lots, and units, their guests, invitees or employees shall at all times
conduct their use and activities in a manner that will preserve the integrity of the common areas
and facilities.
Section 10-Lot Owner's Responsibility for Taxes,Insurance, Security and Interior
Maintenance:
Each owner is responsible for all real estate taxes and assessments on their lot or unit and
for all maintenance,repairs, replacement, security and fire, risk,theft,perils and liability
insurance on their unit contents, structures and improvements.
•
DECLARATION OF COVENANTS AND RESTRICTIONS-10 K:\CLIE"OAKWAY\COVENANTS
Section 11 Exterior-Maintenance:
•
The lot or unit owners or condominium unit owners Association shall be responsible for
all exterior maintenance,repairs and cleanliness on their buildings, planting areas, decks and
patio areas including roof,paint, siding, garages window trim, driveway, drainage,weeds, debris
and landscaping including lawns and trees. If there is a common roof over the units or a common
wall between units, or garages , the owners of the units thereof shall be responsible for the repair,
maintenance and replacement of the exterior, roofs and common walls on or facing each
respective parry's unit. If there is a garage wall on the lot line, the owner facing the wall shall
have the right to maintain the wall and shall have an easement to do so. The Owner of the garage
shall also have the easement reasonable and necessary to maintain,repair or replace the garage
wall or thereof of the garage. An easement is reserved to each lot and unit owner and the
Association to-do so. If a lot owner or unit owner fails to satisfactorily maintain and repair the
exterior of the dwelling, and patio areas and garages;trees or shrubbery, then, after thirty(30)
days notice to the lot Owner to correct the deficiencies, the Association may, at its discretion,
provide maintenance, cleaning and repairs as are reasonable to bring the exterior into compliance
with the standard of maintenance and repair of the other lots and improvements in the
subdivision and the Board shall separately assess the lot Owner(s) for the costs therefore which
costs shall be the personal obligation of the lot or unit Owner and a lien on the lot.
ARTICLE VI
GENERAL PROVISIONS
• Section 1 - Condemnation of Common Area:
If at any time, or from time to time, all or any portion of Common Area, or any interest
therein,be taken for any public or quasi-public use,under any statute,by right of eminent domain
or by private purchase in lieu of eminent domain, the entire award in condemnation shall be paid
to the Association and deposited into either the operating fund or the development fund as the
Association may, in its sole discretion, determine. No owner shall be entitled to participate as a
party, or otherwise, in any proceeding relating to such condemnation, such right or participation
being herein reserved exclusively to the Association which shall, in its name alone, represent the
interests of all Owners;provided,however, that the portion of any award relating to
improvements which constitute a private recreation facility shall be divided equally among the
Owners who, at the time of such taking, are permitted users of such facility.
Section 2 Recreational Facilities:
The Declarant and Association shall.have the right to construct,with the written consent
of the Declarant, such recreational facilities on the parks or common areas that may be approved
by a majority vote of the Directors of the Association voting at any regular or special meeting
called in accordance with the provisions of these covenants and Bylaws subject to any limitations
or restrictions contained in these Covenants or laws and regulations,zoning ordinances and land
use restrictions.
DECLARATION OF COVENANTS AND RESTRICTIONS-I I K:\CLIENT\OAKWAY\COVENANTS
• Section 3 -Access; Certain Additional Improvements:
The Association is granted and shall have the irrevocable right and easement for access
to each lot from time to time during reasonable hours as may be necessary for the maintenance,
repair or replacement of the Common Area facilities, for inspection to insure compliance with
these covenants, for making repairs necessary to prevent damage to the Common Areas or to a
lot, for reading and inspection water meters and for exterior maintenance or repairs to the
improvements or landscaping if Owner fails to do so after notice, although there shall be no
affirmative duty.to do so.
The Declarant reserves full rights,but not the obligation, to conduct landscaping activities
in, on and under the Common Areas, and to construct or implement additional improvements
(including without limitation fencing,pathways, signs, outdoor lighting and maintenance.sheds) .
on the Common Areas in the future without the consent or other authorization of the Association,
the Board or the Owners. After the improvements are installed by the Declarant, the Association
shall maintain the same.
Section 4- On-Site Burning:
In an effort to protect and preserve the Property and the investments of the Property
Owners, on-site burning is prohibited. This prohibition includes,but is not limited to the burning
of trash, debris, garbage, waste of any type or nature, grass clippings and leaves, and the like, in
• containers or in.open areas. This prohibition is not intended to nor does it prohibit the outdoor
use of outdoor barbecues and other appropriate containers for cooking food, nor the burning of
slash and diseased timber subject to the receipt of written approval from the Board of Directors
and local fire district.
Section 5- Creation of.Volunteer Committees and Architectural Review Committee (ARC):
The Board shall be authorized in its discretion to create such volunteer committees as the
Board in its judgment deems appropriate and in the best interests of the Property Owners. The
members of the committee shall serve at the pleasure and direction of the Board.
The Board shall appoint an Architectural Review Committee(ARC),which Committee
shall be composed of three (3) or more persons(who need not be members)who shall have the
authority and be responsible for the review and approval of the construction of all structures,
landscaping and improvements pursuant to the Design Guidelines and these Covenants. The
Board may appoint one or more Board members to the ARC subject to the approval of the
Declarant. The ARC may engage an architect,builder or other qualified person with expertise in
examining building plans to assist them in performing their duties. The ARC shall act by a
majority vote. It shall be the responsibility of the ARC to review all plans and specifications for
the construction of any improvements on the Property to ensure that all improvements are to be
constructed in accordance with the Design Guidelines. The Committee shall enforce the Design
Guidelines, however, it shall have the right and the flexibility to grant variances to said
•
DECLARATION OF COVENANTS AND RESTRICTIONS-12 K:\CLIENT\OAKWAY\COVENANTS
Guidelines when,by a majority vote of all members of the Committee, a variance is deemed
• appropriate. No dwelling, improvement, structure or fence of any type or nature shall be erected
on the Property without first requesting and receiving a permit from the ARC The ARC may
impose conditions to be fulfilled before or after the final issuance of a building permit. The
Committee shall act expeditiously when a request for a building permit is submitted. The Board,
it its judgment,may levy a fee not to exceed $100.00 to be paid with all requests for approvals.
and permits,which fee shall be used to offset the costs.involved.. Notwithstanding anything
herein to the contrary, the Declarant may appoint the majority of the ARC until 90%of the lots
are sold. The Board shall adopt or amend the Design Guidelines by a majority vote.
Section 6- Domestic Pets:
A limited number, as determined by rules adopted by the Board, of generally recognized
domestic pets may be maintained by Owners of the lots within the Property,however, no
domestic pets shall be allowed to run at large,.or off the Lot Owner's lot, and shall at all times be
restrained and leashed or otherwise contained on the lot Owner's property. This covenant shall
be enforced by the Board. For violation of this covenant the Board shall have the power and
authority to adopt rules for the keeping of pets and to levy escalating fines,which fines,if not
paid, shall become a personal obligation and a lien on the lot of the Owner allowing any pet to
continue to run at large and for multiple offenses the Board may require removal of the pet.
Enforcement of the rules, fines and the lien imposed if a fine is not paid,may be enforced by an
action filed in the Eighteenth Judicial District Court of and for the County of Gallatin, Montana.
• The terms and provisions of the Gallatin County Dog Control Ordinance shall be, and are,
incorporated herein by reference.and shall be adhered to in addition to the provisions set forth
above.
Section 7-Landscape Plan:
Prior to the construction of any structure on any lot within the Property, the Owner shall
submit a landscaping plan to the ARC The landscaping plan shall substantially comply with .
those landscape requirements set forth in the Design Guidelines and shall be approved, in
writing,by the ARC before any plan is implemented.
Section 8- Fences:
Fencing is not allowed on the lots, except for a fence around the patio area,unless
approved by the ARC for special circumstances such as safety considerations. Any allowed
fencing shall be constructed in conformance with the Design Guidelines and approval of the
ARC
Section 9-Junk Vehicles, Equipment or Other Miscellaneous Paraphernalia:
No junk vehicles, equipment or other miscellaneous paraphernalia shall be allowed to
accumulate on any lot within the Property.
•
DECLARATION OF COVENANTS AND RESTRICTIONS-13 K:\CLIENT\OAKWAY\COVENANTS
• Section 10-Discharge of Firearms:
The discharge of firearms for any purpose within the Property is prohibited.
Section 11 - Satellite Dishes:
No satellite dish shall be installed on the Property with a maximum diameter in excess of
36".
Section 12 -Building Codes:
All structures shall be constructed by the lot owner and their contractors in compliance
with Uniform Building Codes (U.B.C.). Spark arrester screens shall be placed on all fireplace
and wood stove chimneys. Smoke detectors shall be installed on each level of all dwelling units.
The ARC may inspect but shall not be responsible for inspections or insuring that all structures .
are constructed in accordance with the U.B.C. The Owners and their Contractors shall be solely
responsible for U.B.C. construction. However,the ARC may inspect and may require the Owner
to provide reasonable documentation or evidence that a structure is built in accordance with the
U.B.C.
Section 13 -Design and Square Footage of Dwellings,Apartments, and Commercial
Buildings:
• The Developer or the ARC shall establish the general desi .ands square footage of the
p g � q g
single family and multi' family dwelling, apartments, and.the commercial buildings. The
developer and the ARC reserve the right to approve or disapprove the builder and building design
of any building or unit.
Section 14 -Wood Burning Devices:
All wood burning devices shall meet EPA certification standards.
ARTICLE VII
ENFORCEMENT,DURATION AND AMENDMENT
Section 1 -Enforcement:
The Association,through its Board of Directors or Declarant,shall have the right to
enforce,by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of these Covenants or
Bylaws or State law and regulations including legal actions for.restraining orders, injunctions,
damages, costs and reasonable attorneys fees.incurred in such enforcement. Failure by the
Association or the Declarant to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter. If the Declarant or the Association
• refuses to enforce a covenant or other requirement, a group of five(5)or more Owners may
DECLARATION OF COVENANTS AND RESTRICTIONS-14 KACLIENT\OAKWAY\COVENANTS
enforce the covenant by legal proceedings. In the event the Association, Declarant or group of
• Owners shall elect to enforce any restriction, condition, covenant or reservation contained herein
in the Eighteenth Judicial District Court of and for the County of Gallatin,the prevailing party
shall be entitled to receive attorneys fees and costs as determined by the Court.
Section 2 -Duration of Restrictions:
All of the covenants, conditions, and restriction set forth in these covenants shall continue
and remain in full force and effect in perpetuity against said property, lots and the Owners
thereof, subject to the right of amendment or modification provided for in these Covenants.
Section 3 -Amendment:
Except as specifically prohibited in these covenants,by law or public regulation, this
Declaration may be amended during the first twenty(20) years after these Covenants are
recorded with the Clerk and Recorder of Gallatin County, Montana by the Declarant until 75% of
the lots are sold or by not less than seventy-five percent(75%) of the votes of the lot Owners, and
after 20 years by an instrument signed by not less than sixty percent(60%)of the votes of the lot
Owners. Any amendment by Declarant or approved by the required percentage of the lot Owners
shall be xecorded along with an executed Certificate by Declarant or by the Chairman/President
and the Secretary of the Association certifying that the amendment was adopted in accordance
with these Covenants in the Office of the Clerk and Recorder of Gallatin County,Montana. Any
• covenant which is included herein as a condition of the preliminary plat approval and required by
the Gallatin County Board of County Commissioners shall not be amended or revoked without
the mutual consent of the Owners, in accordance with the amendment procedures in the
Covenants, and the County Commission.
Section 4-Violation Constitutes Nuisance:
Every act or omission,whereby any restriction, condition or covenant in this Declaration .
set forth, if violated in whole or in part, is declared to be and shall constitute a nuisance and may
be abated by the Association,Declarant or their successors-in-interest pursuant to Montana law
and these Covenants; and such remedies shall be deemed cumulative and not exclusive.
Section.5- Construction and Validity of Restrictions:.
All of said covenants, conditions and restrictions contained in this Declaration shall be
construed together,but if it shall at any time be held that any one of said conditions,covenants or
reservations, or any part thereof, is invalid, or for any reason becomes unenforceable,no.other
condition, covenant or reservation, or any part thereof, shall be thereby affected or impaired; and
the Declarant, the Association,the Lot Owners and their heirs, successors and assigns, shall be.
bound by each Article, Section, subsection,paragraph, sentence, clause and phrase of this
Declaration irrespective of the fact that any Article, section, subsection,paragraph, sentence,
clause or phrase be declared invalid or inoperative or for.any reason becomes unenforceable.
•
DECLARATION OF COVENANTS AND RESTRICTIONS-15 KACLIENnOAKWAY\COVENANTS
• Section 6-No Waiver:
The failure of the Declarant, Association or Lot Owners to enforce or to insist, in one or more
instances,upon the compliance or performance of any of the terms, covenants, conditions or
restrictions of this Declaration in a timely manner or at all, or to exercise any right or option
herein contained, or to serve any notice or to institute any action, shall not'be construed as a
waiver or relinquishment, for the future, of such term, covenant, condition or restriction; or any
other such term, covenant, condition or restriction and all others shall remain in full force and
effect. The receipt and acceptance by the Board or its agent of the payment of any assessment
from an Owner,with knowledge of the breach of any covenant hereof, shall not be deemed a
waiver of such breach, and no waiver by the Board of any provision hereof shall be deemed to
have been made unless expressed in writing and duly signed by or on behalf of the Board. No
failure to enforce a covenant shall be deemed a waiver of the right to enforce any other covenant.
Section 7-Binding:
These Covenants,.Conditions and Restrictions shall be binding upon the heirs, successors
and assigns of the Declarant,Association and Lot Owners.
DATED AND ADOPTED this day of , 2002.
DECLARANT: DURSTON DEVELOPMENT CORP.,INC.
By:
STATE OF )
:SS
County of )
On this day of July, 2002, before me, a Notary Public for the State of ✓
Montana,personally appeared known to me to be the of
Durston Development Corp. and acknowledged to me that he executed the same on behalf of said
Corporation
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial
Seal as of the day and year first above written.
Notary Public for the State of
(Seal) Residing at:
• My Commission Expires:
DECLARATION OF COVENANTS AND RESTRICTIONS-16 K:\CLIENT\OAKWAY\COVENANTS
BYLAWS
of and for
WALTON HOMESTEAD OWNERS ASSOCIATION, INC.
October 9, 2002.
BYLAWS
of and for
WALTON HOMESTEAD OWNERS ASSOCIATION,INC.
The undersigned adopt the following Bylaws:
ARTICLE I
NAME
The following shall prevail throughout these Bylaws in the interpretation thereof unless
Specific provisions direct otherwise:
WALTON HOMESTEAD OWNERS ASSOCIATION,INC.,is the incorporated
organization authorized and empowered by the Declaration of Covenants, Conditions and
Restrictions of and for Walton Homestead Subdivision.(Covenants)recorded as Document No._
in the records of Gallatin County, Montana, which is to be governed by, and,which.is
empowered to act in accordance with the Covenants, these Bylaws and Montana law.
Hereinafter said corporation shall be referred to as the "Association".
• ARTICLE II
ADDRESS
The address of the initial principal office of the Association shall be 2066 Stadium Drive,
Suite 202B,Bozeman, Montana 59715.
ARTICLE III
POWERS
The Association shall have all the powers of a nonprofit mutual benefit corporation
enumerated and set forth in Title 35, Chapter 2,Mont. Code Ann. The purposes of the
Association are those set forth in the Articles of Incorporation and the Covenants.
ARTICLE IV
MEMBERSHIP INTEREST
Every person, group of persons,partnership, corporation or association who is a record
Owner of a lot or unit within the boundaries of the area described as Walton Homestead
Subdivision, according to the official plat thereof on file and of record in the office of the County
• Clerk and Recorder of Gallatin County,Montana, shall be a member of the Association. By this
provision, each lot or unit as shown on the plat and amendments thereto shall entitle the record
BYLAWS-I K:\CLIENT\OAKWAY\BYLAWS.wpd
Owners to one membership interest. A record Owner is one who has an ownership interest in a
• lot or unit as shown on the records of the Clerk and Recorder of Gallatin County, Montana
including a fee simple title and a Buyer's interest pursuant to a Contract for Deed. A record
Owner shall not include mortgagees, beneficiaries of Trust Indentures, lienholders, leasehold
interests or Contract for Deed sellers unless title is acquired by foreclosure or other legal means.
Units within a condominium shall delegate their membership interest and votes to the Board of
Directors or Manager of their Unit Owners Association.
Multiple Owners of a lot or unit have, collectively, one such membership or one voting
interest. If more than one lot or unit is owned, the Owner or Owners thereof would have one
membership or one voting interest for each separate lot or unit.
Membership interest shall run with the land so that said interest is an incident to
ownership beginning when ownership rights are acquired and recorded and terminating when
such rights are divested and the conveyance is recorded. Accordingly,no member shall be
expelled, nor shall he be permitted to withdraw or resign while possessing a membership interest.
Recorded shall mean filed for record with the Clerk and Recorder of Gallatin County, Montana.
Each Lot or Unit Owner shall be obligated to comply with the Bylaws, the Covenants and
the laws, regulations and ordinances of the County of Gallatin and State of Montana. Such
obligations shall include,but not be limited to, the paying of assessments to the Association.
Failure of any Owner to abide by.these Bylaws, Covenants and all rules made pursuant thereto,
• and the.laws and ordinances of the County of Gallatin and State of Montana, shall be grounds for
appropriate legal action by the Association against such noncomplying Owner.
ARTICLE V
MEETINGS AND VOTING
A. Annual Meetings:
There shall be an annual meeting of the Association during each year at such date, time
and place as shall be set by a majority of the Board of Directors and as set forth in the Notice of
the meeting, commencing the year after the final plat for the Walton Homestead Subdivision is
filed with the Clerk and Recorder of Gallatin County,Montana and as set by the Board of
Directors by Notice as herein provided. The agenda.for the annual meeting shall include setting
the number of Directors, election of Directors, review of the income and expenses of the last
fiscal.year,review of the annual budget and such other items as shall be set forth on the agenda.
The agenda for the annual meeting shall be prepared by the Board of Directors and delivered to
each Lot or Unit Owner along with the Notice.
B. Special Meetings:
Pursuant to these Bylaws,the Association may, at any time, hold special meetings,notice
• of which shall be sent to all Lot or Unit Owners in the manner hereinafter provided. Such
meetings may be called on the initiative of the Chairman of the.Board of Directors or by a
BYLAWS=2 KACLIENn0AKWAY\BYLAWS.wpd
majority of the Board of Directors of the Association or by a petition signed by twenty-five
• percent(25%) of the Owners based on one vote per lot or unit.
C. Matters to be Raised at Special Meetings:
Only matters set forth in the Notice for a special meeting may be voted on at such special
meeting.
D. - Notices:
Notice of all meetings, annual or special, shall be mailed or personally delivered by the
Association to every Lot or Unit Owner or Board of Directors of a condominium Unit Owners
Association of record at the Owner's last known address at least ten(10) days but not more than
fifty(50) days prior to the time for holding such meeting. Such Notices shall specify the date, .
time, place and purpose of the meeting. The purpose of a meeting may be stated in general
terms. An Owner may authorize another person or the Board of Directors to vote for such Owner
by signing and delivering a written proxy to the Secretary of the Association or to a.member of
the Board.of Directors. The date of mailing, by regular mail, of a Notice in the manner provided
in this paragraph or the date of personal delivery of such Notice by the Association shall be
considered as the date Notice is delivered. Each Owner is responsible for keeping the
Association advised of his or her current address. If an Owner fails to advise the Association of
Owner's current address, the Association may rely upon the last known address or the address
• shown on the Real Estate Tax Assessment List for Gallatin County..
E. 'Quorum: .
No meeting, annual or special, shall be convened to conduct business unless notice has
beengiven and a quorum is present, in person or by proxy. A quorum shall consist of at least
'thirty percent(30%) of the total aggregate voting interest of the Owners,based upon one vote per
lot or unit. At any time, during.any Association meeting that a quorum is not present,matters
may be discussed but there shall be no voting on any matter and such meeting may be adjourned
and a new date, time and place for the meeting shall be set by the Board of Directors. If a matter
is submitted to a vote by written ballot,the ballots returned to the Association shall be counted
towards the quorum for the matter voted upon.
F. Written Ballots:
Any matter that may be voted upon by the Owners may be submitted to the Owners by
written ballot. A vote by written ballot must be authorized by a majority of the Board of
Directors.
A written ballot must:
(a) set forth each proposed action; and
• (b) provide an opportunity to vote for or against each proposed action.
BYLAWS-3 KACLIENn0AKWAY\BYLAWS.wpd
Approval by written ballot pursuant to this section is valid when:
(a) the number of votes cast by ballot equals or exceeds the quorum required to
be present at a meeting authorizing the action;
(b) the number of approvals equals or exceeds the number of votes that would be
required to approve the matter at a meeting at which the total number of votes cast
was the same as the number of votes cast by ballot; and
(c)the number of votes equal or exceed the number of votes which are required to
approve a matter without a meeting.
All solicitations for votes by written ballot must:
(a) indicate the number of responses needed to meet the quorum requirements;
(b) state the percentage of approvals necessary to approve each matter other than
election of Directors; and
(c) specify the time by which a ballot must be received by the Association in order
to be counted.
• A written ballot may not be revoked.
VOTING
Each Owner shall have one vote per lot or.unit except a condominium Unit Owners
Association shall have one vote per unit in the condominium. If there is more than one Owner,
the Owners must agree on�how to vote the single vote per lot or unit and provide one address to
the Association for the purpose of sending notices and written ballots.
Whenever a quorum is present at a meeting of the Association, a majority of those
present, in person or by proxy, may do any and all acts they are empowered to do unless specific
provisions of these Bylaws,the Covenants or the laws of the State of Montana direct otherwise.
BOARD OF DIRECTORS
The business and affairs of the Association shall be managed, administered and governed
by a Board of Directors elected from among the Lot and Unit Owners provided however,until
the Declarant,Durston Development Corp., Inc., transfers title to ninety percent(90%) of the lots
and units to third party purchasers, the Declarant and its successors and assigns shall have the
right,but not the obligation to appoint the majority of the Board of Directors. These
appointments need not be Lot or Unit Owners. The Declarant may assign the right to a
subsequent Developer of the property. The Declarant may appoint its members, officers;
BYLAWS-4 K:\CLIENn0AKWAY\BYLAWS.wpd
. employees, managers or agents of Declarant to the Board of Directors pursuant to this section.
The number of Board of Directors shall be set by the Owners at each annual meeting and shall
not.be less than three(3) or more that nine(9). The Owners shall nominate and elect the
Directors subject to Declarant's right to appoint a majority of the Directors. Such Board shall
have all of the powers,duties and responsibilities attendant to the general management,
administration, enforcement and control of the Association and the Covenants and Bylaws.
Additionally,the Board shall have the authority necessary to carry into effect the powers and
duties specified by these Bylaws and in the Covenants.
Subject to.Declarant's right to appoint a majority of the Directors, the manner of election
of the Board of Directors shall be as follows:
First the number of persons on the Board of Directors shall be set by a majority
vote of the Owners present at a duly noticed meeting at which a quorum is present
in person or by proxy. Once the number of Directors is set,the number shall
remain the same unless.a new number is set at an Association meeting.
Nominations for vacancies on the Board will be accepted from any of the Owners
present at the meeting of the Association,provided a nominee for a Board
member must be a Lot Owner or who is an officer,partner,member or authorized
agent in an entity owning a lot or unit. Voting will be non-cumulative with each
Association member having one vote per lot or unit. The persons nominated for
the vacant Director positions shall be voted upon by the Owners present at the
• meeting in person,by proxy or by written ballot each casting their vote for one
nominee for each vacant position. The nominees receiving the most votes shall be
the elected Directors. In the event of a tie vote,the existing Board shall appoint
one of the tied nominees by a majority vote. Board members shall serve for such
terms as shall be set by the majority of the voting interests present at the meeting,
or until their successors are elected; provided that the terms of the Directors shall
be staggered so that approximately one third of the Directors; terms shall
terminate each year after the.first annual meeting. The Directors shall be elected
by those present, in person,by proxy or by written ballot. The initial Board shall
consist of two persons appointed by the Declarant,which Board shall serve until
the first.annual meeting of the Association, at which time a new Board shall be
elected, or appointed, consisting of at least 3 members. Between annual meetings
of the Association, the Board may appoint a replacement Director in the event of
the death, resignation, incapacity or removal of a Director subject to Declarant's
right to appoint.
OFFICERS OF THE BOARD OF DIRECTORS
The Board shall elect a Chairman, Secretary and Treasurer. The Secretary and Treasurer
position may be combined: The Chairman and Secretary must be Board members. The
Treasurer need not be a Board member or'a Lot or Unit Owner. The Board may also elect such
• other officers from among the Board as it deems advisable including a Vice-Chairman and
Assistant Secretary or Assistant Treasurer.
BYLAWS-5 KACLIEN 0AKWAY\BYLAWS.wpd
ARTICLE VI
• MATTERS PERTAINING TO DIRECTORS
At any annual or special meeting of the Association, or by written ballot or by a .
combination thereof, any member of the Board of Directors elected by the members may be
removed prior to the end of his or her term by a majority of the total votes of the members. Such
vacancy shall be filled by a vote of the Owners subject to Declarant's right to appoint a majority
of the Board. If the vacancy is not filled by the Owners,the Board or Declarant shall appoint a
member to fill the vacancy. Such removal matter.must be announced in the notice of an annual
or special meeting,or in the written ballot.
No member of the Board of.Directors shall receive any compensation for acting as such.
Nothing herein,however, shall be construed to preclude compensation being paid to managers
who are hired by the Board of Directors. A member of the Board of Directors maybe hired as a
manager. A member of the Board of Directors may be reimbursed his or her actual expenses if
the expense is authorized by a majority of the Board of Directors.
ARTICLE VII
POWERS AND DUTIES OF THE,BOARD OF DIRECTORS
In addition to the powers and duties set forth in the Covenants and Montana law, the
• Board shall have the following powers and duties:
A. To enter into contracts and agreements as are necessary to effect the business of the
Association. .
B. To provide for the construction, installation, acquisition,replacement, operation,
maintenance and repair by the Association of buildings, equipment, common areas,
facilities, service streets,roads,bridges, lighting, garbage.removal and disposal in
common areas, security of persons or property, fire protection, and other municipal or
quasi-municipal services and functions. Contracts for such work with third parties which
provide for a term or duration in excess of three years must be approved by a majority of
the votes of the members which approval may be ratified at the annual or any special
meeting of the Association.
C. To make and establish rules and regulations for the use and governance of the common
areas,roads, internal trails and common facilities and the water and sewage disposal
systems and facilities and the performing of such functions, the taking of such action and
operating in such areas as are within the authority and jurisdiction of the Association.
The rules and regulations may establish reasonable sanctions and/or fines for violations.
D. To make and adopt budgets and assessments as described in these Bylaws and the.
Covenants.
•
BYLAWS-6 KACLIEN QAKWAY\BYLAWS.wpd
• E. . To take necessary and appropriate action to collect assessments from members,including
the filing of liens and prosecuting foreclosures as provided in these Bylaws and the
Covenants.
F. To call meetings of the Association,both annual and special, and to preside over such
meetings and to give.appropriate notice of such meetings as required by these Bylaws.
G. To formulate and introduce resolutions at the meetings of the Association.
H. To hold meetings of the Board of.Directors as are necessary-to conduct Association
affairs.
I. To exercise ultimate decisional power in and on all matters affecting the Association.
J. To pay the expenses of the Association, including but not limited to administrative
expenses, management fees, operating expenses, expenses of enforcement of the
Covenants, all taxes or assessments and to contract and pay for such insurance as may be
necessary in the best interests of the Association, and to provide for the use and
disposition of the insurance proceeds in the event of loss or damage.
K. To conduct elections of the Board of Directors to fill vacancies on the Board by a
majority of the remaining Board, should the vacancy not,however,be filed by the Board,
• it may be filled by an election at an annual or special meeting wherein each membership
interest shall have one (1) vote.
L. To maintain lists of members.
M. To keep records of all assessments made,'all expenditures, the status of each member's
payments of assessments and to make such records accessible at reasonable times to all .
members.
N. To provide municipal type facilities for the safety, comfort,health,well-being-and
pleasure of the Owners,their guest and invitees.
0. To promote, conserve and preserve the premises.
P. To do any and all things necessary to carry into..effect these Bylaws and to implement the
purposes as stated in the Articles of Incorporation and Covenants and to-do any and all
things necessary to comply with and enforce the Covenants.
Q. To deal with agencies, officers, boards, commissions, departments and bureaus or other
governmental bodies in a federal, state, county and local basis to carry out the above
powers, duties and responsibilities.
• R. To establish accounts for operating and/or development funds as set out in the Covenants.
BYLAWS-7 K:ICLIENnOAKWAY\BYLAWS.wpd
S.. To provide;through assessments, an adequate.reserve fund for maintenance,repair and
• replacement of those elements in the common area that must be replaced or maintained
on a periodic basis
T. To adopt, amend and administer Design Guidelines for construction,placement and
maintenance of homes, garages, out buildings and other improvements and landscaping.
U. In addition to the above Owners,the Board of Directors may act and perform the
functions of the Architectural Review committee (ARC), or in the alternative;may
appoint an ARC to administer,and enforce the Design Guidelines.
V. To provide for the management of the Association by hiring or contracting with suitable
and capable management and personnel for the day-to-day operation, maintenance,
upkeep and repair of the general common elements. The Board of Directors may be
designated as management.
W. To delegate authority to the manager for.the conduct of the day-to-day Association
business and to carry out certain duties and powers of the Board. However, such
authority shall be precisely defined with ultimate authority and responsibility at all times
residing with the Board of Directors.
X. To provide a means of hearing grievances of Lot or Unit Owners and responding
appropriately thereto.
Y. To prepare an annual budget for the Association in order to determine the amount of the
assessments payable by the Lot or Unit Owners, to meet the general common element
expenses and reasonable reserve for contingencies and allocate and assess such charges
among the Lot or Unit Owners according to their respective interests in the general
common elements, and to submit such budget to the Lot or Unit Owners on or before the
date of the annual meeting.
Z. To take appropriate legal action.to collect any delinquent assessments,payments or
amounts due from Lot or Unit Owners or from any person or persons owing money to.the
Association and to levy a penalty and to charge interest on unpaid amounts due and .
owing.
AA. To defend or prosecute, in the name of the Association, any and all lawsuits wherein the
Association is a party.
BB. To establish a bank account for the Association and to keep therein all.of the.funds of the
Association. Withdrawal of monies from such accounts shall only be by checks signed by
such persons as are authorized by the Board of Directors.
CC. To carry out the duties and responsibilities of the Board in all other matters as may be
• authorized, needed or required by the Declaration.
BYLAWS-8 KACUEN 0AKWAY\BYLAWS.wpd
• ARTICLE VIII
ASSESSMENTS
The Association, acting through its Board of Directors, shall have the power to levy
assessments on its members. The assessments levies by the Association shall be used exclusively
to promote health, safety, enjoyment and welfare of the Owners of the property,their guests and
invitees and for the improvement of the maintenance of the common areas, common facilities,
open spaces and park areas, to include common road maintenance and utility line maintenance,
landscape maintenance in common areas and in parks,property liability insurance,Association
employees'wages,mailing costs, common signage, common utility expenses and traffic control
signs, administrative costs,professional fees and other related or necessary expenses_incurred by
the Association and a reasonable reserve for contingencies. .
The annual assessments provided for herein shall commence, for each phase of the
development, independently of the other phases and annual assessments will commence to accrue
on the first day of the month following the conveyance of the first lot or unit in each phase by the
Developer to any third party or entity.
There shall be two classes of assessments allowable under these Bylaws: (1) Capital
assessments, and (2) Operating assessments.
Capital assessments shall be for the purpose of acquiring, replacement or the construction
• of new facilities, or the major repair or renovation on existing facilities.
Operation assessments shall be for the purpose of sustaining day-to-day and annual costs,
expenses and activities of the Association, including maintenance of real property including open
space, common areas,roads, facilities and parks,maintenance of common landscaping, repairs,
accounting and legal expenses for the Association,common utility expense, liability insurance
and other ordinary expenses.
The Board of Directors shall have the final authority to determine under which general
heading to make various assessments. Further,the Board may make assessments.in either or
both categories on each person or persons or entity having a membership interest.
The Board of Directors must first obtain the approval of at least fifty-one percent(51%)
of the membership interests before taking the following action:
A. Making any assessment for a capital improvement costing in excess of$5,000.00.
B. Mortgaging, encumbering or otherwise disposing of any property of the
corporation,whether real or personal, in excess of the amount of value of.
$5,000.00.
Assessments may be made on an annual, quarterly or monthly basis and notice thereof
• shall be mailed by the Secretary of the Board to each member at his or her address of record.
BYLAWS-9 KACLIENn0AKWAY\BYLAWS.wpd
All assessments become due and payable thirty(30) days after the date of mailing, after
• which they will become delinquent. The Board shall have authority to impose reasonable interest
charges and penalties on amounts which are overdue. Any assessment not paid when due shall
bear interest at a rate of twelve percent (12%)per annum. The Association may bring an action
against the Owner personally obligated to pay the assessment, or foreclose a lien filed against the
property. No Owner may waive or otherwise escape liability for the assessment provided for
herein by non-use or abandonment of his or her lot or unit.
All assessments shall be levied and assessed equally on all lots and units on an equal
basis regardless of size and regardless of whether a home or other improvements are located on a
Iot,unless the Board elects to assess the improved and unimproved lots at a different rate.
Notwithstanding anything herein to the contrary,the Developer is not required to pay Association
assessments'for unsold lots or uncompleted residences,but shall pay its fair portion of the
assessments for road maintenance, open space and park maintenance and other common areas
which benefit unimproved lots.
ARTICLE IX
BUDGET
Budget:
• Each calendar year the Board shall prepare, and submit.an annual budget to the Lot and
Unit Owners,which must be approved and adopted by a majority of the Board. The budget shall.
include the expected receipts and expenditures for the coming fiscal year, including estimated
funds for an adequate reserve for contingencies and expense overruns. The reserve shall not
exceed a reasonable amount. The budget shall provide-and maintain funds for the operation and
maintenance of the Association and enforcement of the Declaration and Bylaws.
A copy of the proposed budget shall be transmitted to each member on or before the
annual meeting of the Association for the next year. The budget shall be reviewed and discussed
by the membership and Board of Directors. The budget may be adopted or amended by a
majority of the Board of Directors or by a vote of FIFTY percent(50%) of the votes of the Lot
and Unit Owners present at the meeting or represented by proxy or by written ballot. If the
budget is not.amended, it shall be deemed adopted and shall form the basis for the assessments.
If the budget is amended, a copy of the amended budget shall be furnished to each member. The
annual budget shall be presented at the annual meeting of the members. An amended budget
may be adopted by the board at any time to reflect the actual receipts and expenditures and may
be presented to the Association at such special meeting as may be called for this purpose. Until
the first annual meeting of the membership,the Declarant shall prepare the Budget and assess the
membership for their share of the budgeted items.
BYLAWS-10 KACL1EN7\0AKWAY\BYLAWS.wpd
• Financial Report:
A financial report of the receipts and disbursements and.balance of accounts of the
Association shall be made annually by the Board of Directors and a copy of the report shall be
furnished to each member before or at the annual meeting.
Board as Manager:
If the Board chooses not to appoint a manager, all of the managerial functions of the
Association shall be performed by one or more or all of the Board members to whom the job is
delegated by a majority of the Board of Directors. The Board may pay a Board member a
reasonable salary and actual expenses for his or her management services.
ARTICLE X
LIENS FOR ASSESSMENTS AND FORECLOSURES
All sums assessed,but unpaid for either.capital or operating assessments, shall constitute
a lien against any tract when the said assessment remains unpaid after thirty(30) days following
the date when the same became delinquent. From the date of recording, such lien shall be
superior to all other liens and encumbrances, except for tax and special assessment liens placed
by statutory authority, other statutory liens, and the'lien of any first mortgage or a first Trust
• Indenture of record.
To evidence of record such liens, the Association shall prepare a written Notice of Claim
of Lien, setting forth the amount of such unpaid assessments, the date due, the amount of the
accrued interest, the late charges thereon, the name and last known address of the.Owner of the
lot or unit and a description of the lot or unit. Such notice shall be signed and verified by the
Chairman of the Board of Directors, the manager or the Secretary.of the Association, and may be
recorded in the office of the County Clerk and Recorder. Such lien shall attach from the date of
the recording.of such notice. Such lien may be enforced by the foreclosure of the lien by the
Association as provided in the Covenants or Montana law. The Association may also proceed to
collect the amount of past due.assessments, costs and attorneys fees, interest thereon and late
charges from the Owner of the lot or unit directly by legal action or through other legally
allowable collection procedures. In any such proceedings,the Owner shall be required to pay the
costs, expenses, and.attorneys fees incurred for filing a lien, and in the event of collection or
foreclosure proceedings, additional costs, all expenses and reasonable attorneys fees incurred.
ARTICLE XI
VOTING INTEREST
Whenever any lot or unit is owned or leased by two or more persons or by an entity, such
person, or persons, or entity must,prior to or at a meeting where voting may be allowed, among
• and between themselves, determine who is entitled to vote the single vote per lot or unit and in
what manner is shall be voted. If in the judgment of the Board, a bona fide.and irreconcilable
BYLAWS.-11 K:\CL1EN%0AKWAY\BYLAWS.wpd
dispute arises as to the voting or right to vote a membership interest, such interest may be
• declared to be a dispute and for the time such interest is in dispute, it shall have no voting rights.
ARTICLE XII
BOARD MEMBERS
Members of the Board and their officers, assistant officers, agents and employees acting
in good faith on behalf of the Association:
(1) shall not be liable to the Owners as a result of their activities as such, for any
mistake of judgment,negligence or otherwise, except for their own willful
misconduct or bad faith;
(2) shall have no personal liability in contract to an Owner or any other person or
entity under any agreement, instrument or transaction entered into by them on
behalf of the Association in their capacity.as such;
(3) shall have no personal liability in tort to any Owner or any person or entity, except
for their own willful misconduct or bad faith;
(4) shall have no personal liability arising out of the use,misuse or condition of the
• Property which might, in any way,be assessed against or imputed to them as a
result of, or,by virtue of their capacity as such.
ARTICLE XIII
COMMITTEES
Pursuant to the Title 35, Chapter 2, Mont. Code Ann. and, subject to the restrictions
stated therein,the Board may appoint committees to act for the Board and to exercise the
authority of the Board on matters referred to them by the Board. Such committees may be
dissolved at any time by the Board of Directors.
ARTICLE XIV
INSURANCE
The Board shall purchase insurance policies to protect the property of the Association
against casualty loss and to protect the Association,the policies and the Board members,when
acting in their official capacity, from liability. The extent and specific nature of the policies and
coverage shall be determined by the Board.
BYLAWS-12 K:\CLIENI\OAKWAY\BYLAWS.wpd
• ARTICLE XV
COVENANTS
No acts by the Association or by the Board of Directors shall be contrary to the
Covenants on file and of record with the Clerk and Recorder of Gallatin County,Montana, and
amendments thereto. On its own initiative,the Board may take such action as it deems
necessary, including the taking of legal action and initiating suit to enforce the Covenants. The
Covenants are.incorporated herein by this reference.
ARTICLE XVI
AMENDMENT OF BYLAWS
Except as otherwise provided in the Covenants and herein, these Bylaws may be amended
at any annual meeting or special meeting of the Association providing that a majority of
Directors approves the amendment.and a copy of the proposed revision is included in the Notice
of such meeting. Upon a vote of seventy-five percent(75%) of the members present at the
meeting at which a quorum is present, the amendment shall be deemed adopted. The Bylaws
may also be amended by 75% favorable vote of the aggregate voting interest of the Owners by
written ballot mailed or personally delivered to the Owners and returned to the Association. The
Secretary shall, as soon as practicable after the adoption of an amendment,prepare a copy of the
Bylaws as amended for certification by the Chairman and Secretary of the Association. Such
• amended Bylaws shall.then be certified by the Chairman or Vice-Chairman of the Board or by
Secretary as duly adopted in accordance with.the Bylaws and shall.be placed in the corporate
records and a copy mailed to each Owner. Bylaws as amended shall become effective at the time
of such mailing.
Notwithstanding the provisions of this paragraph, the Declarant's written approval of any
amendment must be obtained before the amendment is effective until the Declarant has sold or
transferred title to 90% of the lots or units to third parties. The Board of Directors may amend
these Bylaws by a two-thirds vote of the Board of Directors.
Within thirty(30) days after adoption of an amendment, a copy shall be mailed to each
Owner and recorded with the Clerk and Recorder of Gallatin County.
ARTICLE XVII
DUE PROCESS BY ASSOCIATION
In the event an action is taken.by the Association against any individual Owner to enforce
an assessment, any part of the Bylaws or Declaration, or any rule or regulation properly adopted
by the Association, said Owner shall be afforded the protection of due process with includes,but
is not limited to, the following:
• A. Adequate notice in writing of any default with a reasonable time to cure.the
default.
BYLAWS-.13 KACLIENn0AKWAY\BY1AWS.wpd
• B. If the Owner contest the allegations of default and advises the Association of such
Owner's contest in writing, such Owner shall have the following options:
(1) An opportunity to defend himself or herself against any allegations of.
default before the Board of Directors.
(2) An opportunity to present witnesses and cross-examine opposing
witnesses.
(3) An opportunity to receive a formal hearing before an impartial officer or
arbitrator.
(4) . To findings of fact by the hearing officer or arbitrator in accordance with
the evidence presented.
C. To a penalty proportionate to the offense, such as suspension of voting rights,
suspension of the right to be elected as a Director or officer or to continue as a
Director or officer, or a reasonable fine or late fee imposed by the Board of
Directors, or in the event of an action for unpaid assessments, the costs of
collection, interest and reasonable attorneys fees.
• ARTICLE XVIII
INITIAL BOARD OF DIRECTORS
Until the first annual meeting of the Association, the following persons shall constitute
the Board of Directors and initial officers:
NAME OFFICE ADDRESS
Chairman
Secretary/
Treasurer
ARTICLE XIX
SEVERABILITY
A determination of invalidity of any one, or more, of the provisions or conditions hereof,
bu judgment, order or decree of a Court shall not effect, in any manner, the other provisions
hereof which, shall remain in full force and effect.
BYLAWS-14 K:\CLIENT\OAKWAY\BYLAWS.wpd
i
ARTICLE XX
• INTERPRETATION
The Board of Directors shall have the power to interpret all the provisions.of these
Bylaws and such interpretation shall be binding on all persons. These Bylaws may be amended .
from time to time whenever at least fifty-one percent(51%)of the membership interests shall
have voted in favor of such amendment.
The undersigned Directors certify that these Bylaws were adopted by two-thirds of the
Board of Directors and at least 75%of the Lot Owners for WALTON HOMESTEAD
OWNERS ASSOCIATION,INC. on the day of , 2002.
-Director/Chairman
-Director/Secretary/Treasurer
APPROVED BY DURSTON DEVELOPMENT CORP.,INC.
BY:
ITS
i
STATE OF )
:SS
County of ):
This instrument was acknowledged before me on the day of ,
2002,by
Notary Public for the State of
(SEAL) Residing at:
My Commission Expires:
STATE OF )
:SS
County of )
This instrument was acknowledged before me on the day of ,
2002,by
• Notary Public for the State of
(SEAL) Residing at:
My Commission Expires:
BYLAWS-15 K:\CLIENMAKWAY\BYLAWS.wpd
•
STATE OF )
:SS
County of ).
This instrument was acknowledged before me on the day of ,
2002,by as of DURSTON DEVELOPMENT CORP.,
INC.
Notary Public for the State of
(SEAL) Residing at:
My Commission Expires:.
BYLAWS-16 K:\CLIENI\OAKWAY\BYLAWS.wpd
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SITE STATISTICS: SITE STATISTICS-
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DEDICATED PARK AREA- 1.63 ACRES(4.6%)
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TOTAL a 302,683 SF. PARKING AREA ONE a 54 STALLS
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9 L e • �y BUILDING FOUR= 3,180 SF. V V
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�-�: <u BUILDING SEVEN- 4,560 SF. Z
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Z O fg '2 I BUILDING NINE= 2,536 SF. TOTAL= 11 UNITS/ACRE a. V s
0 m I B aulGuroll I uBq�� BUILDING TEN a 2,536 SF.
h , a SINGLE BUILDING ELEVEN a 1,608 SF.
co I 1,em S. I BI11L g10 j B g9
m SA�� u� / I BUILDING TWELVE 3,180 SF.
• I
' I I i I BUILDING THIRTEEN 3,180 SF. Z � ic
BUILDING FOURTEEN- 3,180 SF. IS, s
3
-'� BUILDING FIFTEEN- 3,180 SF. Z
7PAIIJONGS14a I T BUILDING SIXTEEN- 3,180 SF. 3 s
_ #8 '" - - - - - BUILDING TOTAL O 0 5
' I ?v oNosr / TOTAL m 53,316 SF.
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13 O w j j j SITE RETENTION OR R.O.W.
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S ' o DITCH R.O.W. 15,150 SF.
m m PUBLI C PARK - - - - - RETENTION AREA#1 1,950 SF.
V 7 Putt muss vwpN sw15 RETENTION AREA#2 900 SF.
a' RETENTION AREA#3 875 SF.
APPROX. RETENTION AREA#4 563 SF.
U' a #3 1.1 ACRE o I I I RETENTION AREA#5 320 SF.
Z j+J RETENTION AREA#6 63 SF.
m
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RETENTION AREA#8 733 SF. A
5 � BUILDING 14 C3,18
NG 13 G L RETENTION AREA#9 733 SF.
m11 - --� ---- RETENTION AREA#1 O 2194 SF.
4 3,180 SF. SF. -----I------------------- -- e - i---- j I RETENTION AREA#11 2194 SF. y
------------ I I
DITCH R.O.W. 15,150 SF. SITE RETENTION TOTAL W
TOTAL 25,877 SF. O
PARKING AR O x
5,95 S .3 Sr LS n n n n n n zi
n Fl o
SITE CALCULATIONS
• TOTAL AREA L. , SF.
A TWO BUILT AREA QNC RETENTION.)�124724,589 589 SF.
SET BACKS s 28,450 SF.
PRELIMINARY
OPEN AREA(GROSS) 111,979 SF. DESIGN
OPEN AREA(NET®80%) 89,583.2 SF.
OPEN SPACE PERCENTAGE(INCLUDING PAM D •
TOTAL m 33.8%
■ • � 1+�p. li.a. B�A i
.� ♦ ♦,d D 731 ♦ ♦0. ♦D.D ♦O.o 713 ♦Qa ♦D.D lao, 5"", 30.0 5¢D D % 0I1 A
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-ffi":— Z P Sf ' Z PARq, STAt15 Z PARq SfALL4 Z PAR SUOS Z P• SGLS 12 PM040 STILLS Z PARq SGLS Z PARq SGLS Z P SfAOS Z PARq SIA115 Z PARq SEALS IA
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all
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tvs✓ • e o I POCKET PARK 2 POCKET PARK 3 �G'AAON
I I 12,789 SF. o4ya a 9,600 SF. . 23,625 SF.
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1 � EXISTING MOBILE HOME PARK
AREA T H RE E
H
TOTAL SITE AREA PRIVATE ROADS PARK AREAS(POCKET PARKS) UNIT BREAKDOWN PARKING PROVIDED W
TOTAL 764,766 SF. TOTAL 1.585 ACRES AREA Ml — 12,784 SF. TOTAL UNITS— 11 O UNITS EACH UNIT PROVIDES FOR TWO STALLS ON-SITE O
AREA*2— 9,600 SF. SINGLE UNITS 50 UNITS STREET PARKING— 133 STALLS
NORTH I STH ST R.O.W. PROJECT AREA DENSITY AREA N3— 23,625 SF. DUPLEX UNITS (12)—24 UNITS TOTAL TOTAL PARKING— 353 STALL—3.2 STALLS/UNIT
AREA M4— 12,030 SF. FOUR-PLEX— (9)—36 UNITS TOTAL
TOTAL 36,600 SF. TOTAL AREA— 634,268 SF.(W/O STREET R.O.W.) •NOTE-LARGER BUILDING LOTS WILL LIKELY ALLOW O
LESS PARKING AREAS— 58,039 SF. TOTAL AREA— 58,039 SF.— 1.33 ACRES FOR TWO CAR GARAGES W/LARGER DRIVEWAYS
NET USEABLE LESS PRIVATE ROADS— 69,040 SF. F4
REQUIRED COMMON PARK AREA
TOTAL- 634,268 SF. NET BUILDABLE _
.03 ACRES/UNIT— 3.3 ACRES TOTAL ■■
• TOTAL AREA— 507,189 SF. 11.64 ACRES
DEDICATED POCKET PARKS 1.33 ACRES
UNIT DENSITY OTHER COMMON OPEN SPACE 13,193 SF.—.3 ACRES
TOTAL 9.44 UNITS/ACRE TOTAL OPEN SPACE 1.63 ACRES PRELIMINARY
PER AGREEMENT WITH THE CITY OF BOZEMAN 5.5
DESIGN
ACRES OF LAND GIVEN TO THE CITY FOR EAST GALLATIN
RECREATION AREA WILL BE CREDITED TO THIS PROJECT.
SD 1 .3
- - - ---- - - - — — — fi—
CL West Oak Street
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\127�'S/Acres
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— — — \ / /22.654 -4cres
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�° ■/, DRAWING: SITE SURVEYS ' ¢
m i •,
OWNER: GENE COOK&JIM McLEAN
yI BCC MWL MONTANI PROJECT
Z NUMBER
• .� WALTON HOMESTEAD DRAWING FILE, 0116 sS=Er PRINT DATE: OCT.17,2004 0116 s >4