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11 f4 1 14, IJ ' 19-464 Bridger View Redevelopment FUD-P b ! + 702 Bridger DR FRDC; Heather GrenierVA November 5, 2019 vk Q Commission Memorandum s�t'r iv C8 air REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Senior Planner SUBJECT: Bridger View Redevelopment Preliminary Planned Unit Development Findings of Fact and Order, Application 19464 MEETING DATE: July 6, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Bridger View Redevelopment Preliminary Planned Unit Development (PUD) Application. BACKGROUND: On May 18, 2020 the City Commission held a public hearing on an application for preliminary PUD approval for the Bridger View Redevelopment PUD. The Commission voted to approve the planned unit development (5:0) application subject to conditions and code provisions to ensure the final plan would comply with all applicable regulations and all required criteria. These findings of fact provide a record of the review and Commission action. I ! The City Commission approved the Findings of Fact for the Bridger View Redevelopment subdivision on June 22, 2020. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. .3) As determined by the City Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact-and Order Report compiled on: June 25, 2020 • Page 1 of 50 19464 City Commission Findings of Fact for the Bridger View Redevelopment Planned Unit Development (PUD) Date: City Commission Public Hearing, May 18, 2020, at 6:00 pm held via WebEx. https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d- a938-e3076c4c32ec&prefilter=654.3835 Project Description: A Preliminary Planned Unit Development (PUD) application to allow a residential development with relaxations to subdivision and zoning regulations to numerous dimensional standards, street design, utility easements, and a request for concurrent construction. The application includes a concurrent subdivision of three phases. The site is located on 8.025 acres and is zoned R-3 (Residential Medium Density District). Project Location: South and west of the intersection of Bridger Drive and Story Mill Road. The parcels are legally described as a Tract of land formally known as the Bridger View Mobile Home Court as shown on COS 2547, located in the Southeast One Quarter of Section 31, Township One South (T01S), Range Six East (R06E), P.M.M., Gallatin County, Montana. Recommendation: Approval with conditions and code corrections Motion: "Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19464 and move to approve the Bridger View Redevelopment Planned Unit Development application subject to conditions and all applicable code provisions." Action Date: May 18, 2020 Staff Contact: Tom Rogers, AICP, Senior Planner 19464 Findings of Fact fooe Bridger View Redevelopment PUD • Page 2 of 50 EXECUTIVE SUMMARY Unresolved Issues 1) There are no unresolved issues on this application. Project Summary The property owner and applicant made application to develop the site formally known as the Bridger View Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The development proposes the construction of 63 residential living units (including the common house) on 57 lots, parking structures, common open space areas, and rights- of-ways. Parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. The Bridger View mobile home park hosted 92 residential homes divided on two adjacent properties with 40 units on the subject property. The mobile home park was removed in 2006 by the now-defunct Story Mill development. The project's stated development intent is to create a"lasting and livable" neighborhood. Bridger View Redevelopment,with a net density of 7.9 houses/acre gross and 20 units/acre net due to the high proportion of open space, offers a variety of clustered attached and detached homes that range in size from 750.to 1,575 square feet with lots ranging in size from 1,700 to 3,650 square feet. Minimum density in the R-3 district is 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City's Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City's Affordable Housing Ordinance at the "lower income" bracket of 70 percent AMI or less for a total of 62 residential units. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed-Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with a unique characteristics. In order to achieve the desired outcome 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application. Requested deviations are listed in Section 2 of this report. 19464 Findings of Fact fte Bridger View Redevelopment PUD• Page 3'of 50 The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the Development Review Committee (DRC) found the application sufficient for continued review containing detailed documentation necessary for review. The Design Review Board (DRB) reviewed the application on March 11, 2020. The Design Review Board is the design review advisory body to the City Commission on this application and is required to make a recommendation to the City Commission. The Design Review Board reviewed the Planned Unit Development application on March 11, 2020 and recommended approval of the PUD. Summary of discussion: Better understand longterm management scheme and how cost will be shared by development Comment proposed housing types are permitted today,builders are not building them however. Lots of discussion about"constraints". There are some staff does not agree they are paramount. Require Affordable Housing (AH) form to be completed and packaged as described. Status of Story Mill park parking and drive. Emergency route is only between the two parking areas. The trail is hardscaped and wider in this area. Market rate homes are like any other home with a POA. The attainable units have restrictions limiting sale price. How will the 2nd-3rd generation deal with the vast price difference? Is this the right location for such a development? Long way from most goods and services. 19464 Findings of Fact for e Bridger View Redevelopmen Page 4 of 5,0 t PUD If the concept works,why do we have the standards we have for lots, easements, trash collection, emergency services, etc. Code provision an Affordable Housing (AH) form is required. Please prepare a complete form and submit 45 days prior to final plat submittal for review and possible approval. Pursuant to section 38.240.150.A.3.b, BMC, the Bridger View Redevelopment covenants must be submitted to the city attorney's office At least 30 working days prior to submission of the final plat application to the community development department. A full recording of the meeting can be reviewed at the following link. https://media.avcaptureall.com/session.html?sessionid=401196c6-4f8f-4abd-bd8e- f89363d1f44b&prefilter=654.3835 The City has received public comment on this application. Currently all comment is in support of the application. Public comment on this matter can be found at: http://weblink.bozeman.net/WebLink8/0/fo1/210594/Row1.aVx. The City Commission held a public hearing on the application on May 18, 2020.After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted 5:0 to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code.Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. The City Commission's review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 5/18/2020 https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4eSd-a938- e3076c4c32ec&prefilter=654,3835 Public comment was received on the application at the public hearing. 19464 Findings of Fact f*e Bridger View Redevelopment PUA Page 5 of 50 TABLE OF CONTENTS EXECUTIVESUMMARY ....................................................................................................... 2 UnresolvedIssues............................................................................................................... 2 ProjectSummary................................................................................................................. 2 Alternatives.........................................................................Error! Bookmark not defined. SECTION1 - MAP SERIES .................................................................................................... 6 SECTION 2 - REQUESTED RELAXATION/DEVIATIONS /VARIANCES.................. 19 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ..............................:..... 20 SECTION 4—REQUIRED CODE PROVISIONS................................................................ 23 SECTION 5 - STAFF ANALYSIS AND FINDINGS........................................................... 25 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY ............................... 47 APPENDIX B—PROJECT BACKGROUND....................................................................... 47 APPENDIX C—OWNER INFORMATION AND REVIEWING STAFF........................... 49 APPENDIX D—PLANNED UNIT DEVELOPMENT INTENT........................................... 49 ATTACHMENTS................................................................................................................... 50 19464 Findings of Fact foge Bridger View Redevelopment PUD Page 6 of 50 SECTION 1 - MAP SERIES A � CID { a r • _ S e 'A NNW O� v ): • 1. } r 'A I �d aQ 4 legend Plannting Projcd City Lit+rts �.�a•_� l��f'.:, [�Zoninr7 Dslriots ' DI: Parcels �, J ' Roads Allays lhrsm�prra:cnnved G/Ihe Bridger View Redevelopment Chp al Bnanf�n Planniig Oivti�n Subdivision Preliminary Plan �� ^,,,„ ,• Application 1.9-466 Submitted I 1/05/2019 BOZ EMAN MT 1.1ch.)IM}1061 A Nonnipq Zoning classification 19464 Findings of Fact for7fie Bridger View Redevelopment PUD Page 7 of 50 N_ 011 ^1'x `��, i�ltiucerz ua y f� Fr CI r ;'le A � NILLSIDF,;���� Legend Plannng Project City Linuls Parcels t, Roads Alleys �? , Community Plan Future Land Use -_ Residential Restdentlol Enfphnsis Mixed Use Suborbon Residential Regional Cornmmtlal and Services 0 Qm"llulft Core Cont nurrly Co.rancrcial Mixed Use Business Park Mixed Use Industrial Public InslituGons Parks,Open Space and Recregonal Lands' Other Public Lards Galt Course Proses Rural the x„ the ity C en N z.r,vr Bridger View Redevelopment Flamm[tvrrn Subdivision Preliminary Plan Application 19-466 r Submitted 11/05/2019 BOZEMANMT t"10=aonrear A Plonning Future Land Use Designation Is 19464 Findings of Fact foi''Ehe Bridger View Redevelopment PUD Page 8 of 50 'tri.../Arm-.--.. .-_ •..Y. .,.� ,•, - ,_q...s •i PIP IT r41 4 �)��� Legend Planing Projcel I ' `HIL°L}SIDF,' ; City Linrls r Mixed UrA Rastauranrar:BBar C3 Commercial Retail Sales.Services,Banks HoleflMotel f' r_ 7 Commercial Aulo AdministrativelProfessionef r Light Marufacturmly • Golf Cotase Y•+ Q Park or Open Space 4 Conservation Easement wl' Church r' Q Pub Lc Fac,lity ©SchooREducatonal Facility SingrrHasehold Rraklrntlf,l �; PuploAUplrx Res4onlral [] Mullt•Houschu'JRrs4rnWl Q Mrbilc HomcWohilc Park Right-of-Way Undeveloped Vzcarrl Parcels Roads Alloys t her map A,.azwo a Cly or 9ariNin Bridger View Redevelopment Renn4cybkt ..nr,'.�.,. Subdivision Preliminary Plan Application 19-466 MT Submitted 11/05/2019 1 Min•91]fool .A p;aitftl.^3 Current Land Use Li STORY MILL ROAD f ILL^ f �io � •--tom O 1' " J I _ FLOUR HOUSE WAY I' � o z O i CSC • I II PARKING COURT Wo , KIN I - COURT ALLEY C $MItLLW RlCS RO co {71 i PARKING COURTP IN ,` 1 COURTG ALLEY! I I to• r ?' °cr I w p SPA i �yo , 5q0 19464 Findings of Fact for the Bridger View Redevelopment PUD Page 10 of 50 L-____Bridger View ._.. ---------------------------------------------------- Story MIN RdMIT9w0,Bmerrtan RELIMINARY PUD/ PLAT SET ��• ' _ I ' � Cx i 1 1 1 yy i �{ , , b 1• 1 w O�/- °� • ` _ l _ I♦ - __ --� 1 1 I z I •1 i 1 1 / / or e n L"- LUE SILOS �2y COURT, 1 Ai LWOR 11 rn �Rb m (�ouR 0 Project Team 11,1 3 00 4 ' N 9yyyy�T MILLWORKS WAY i CyC r0 L7 � 1 iO Gz] � I � 11 cw+wK�tt /\/�;i�(� � ; � I •1 I• ' �_- _ 1 MNM.o GOYIAt,WI aaE \ ILWIDt GREE r NILLSIDE LAhE PUD OPEN SPACE I`, o« • ,1 Areas highlighted in green are areas counted �11 toward the PUD open space requirement. Gross Area 8.025 ac /" OPEN SPACE FILM PUD Open Space Area 1.46 ac PUD Open Space Percentage 18.2% E L3.0 • • '06 1 1_ I ______ ________'b----- ________________ -____--_--__- _ I nm -STOR-Y- —MILL - ROAD— (60LROW&30'-ESMT) 5 gill -----2a ----- --------- ---------------------------- - - ----j. - --------------- 1 `, mA X/91 -u ru d7HLlfJ' F•XWXWV�p2p 7.7 ro 'tee �• r. II 1- w a Foa .ted ♦1'11 FXcr_- Ffar S,Q . it 1 � 6" C o � br � 05�ar` �•S i� 4� i �: � cx � _ �; ' >; - 3 I; I , �. �="_ F•Xi F.sc Via--- ad A � i� L I -t I 1 SXw 1 rotX,K 4Mwm.e r—'• _ �AVKr 4L6r1AC .�9KJ R �,'q a tlyC �---------- �_ I F�U�FIOU�SETYA� ig9q'r a t- A p Lr) I P5 �I i 111 ^'• to �u�� Ay,y��tl mi !� I 1 'lurl w.•5•AX cu cz I E II 1 I N A yy c I.. �wz 1 Fop ' 7i bq '� III i ��' Fom �'« i 6� ��:R z •B d>c 8 ( � 1 I I AM me Foe_ I ( 7 a$ g M.o ti i^ I Fcs 6 .g QoR" (m1g9'St --➢ E 4" a �4 s X. I �1 1 ma Fou .rox , gr ^y o �p,l Fese +W3•aw FX 1'1 a 4 a a 9 N m ><w q� FlX,�paXXey �I>I FXY FXe .mQ a - �•,_ � � J `a I.. a Iti LL 97. �'-- - -- _ 't��' yF�1 1 .mm uw, �`• _ T L J `2 1� �E ��-�y:�.� _ .zt(CA �iJQ•�� tol rotri�p:w0,y' n ( y °�.M Qp i I �1Dsx Rr: g =Ab ( r 00 Q i Feae , wrs ql -� 9z c 6 d o�R 1 _ l W O j Jt lix g '1 ' , '1 -zz6s9 !gR R Q na lW `�d t 3 B -T_-_- •" ®mtr �Fw M,3 9 j iL�YiA41c Via. \Le ` r ; max m � ^y I i - SXe FCtp � I 11 , #fy i `<'^ or S 1�� II In'v . •1 /t� 1 rig 9 SY.t FXe Me •.t [ l 9R -��¢S J'K �� 4e lit mix L. n W 0 E l 0°'° 'v o�".�� #.t .`�• 0�6� y�'e 3 .� 9 E L zlo w a .� �d> • 'P and ��A owl& r• �• ' Fod Fed .� -�- A V V d ow O ° ' ( � c .� qJ r s d r16.{66 a :R• gb -�� i �c0`1 F z z z a A mx, Fn. Frw d ` a W� C4 I Ra } ` StOa �NU)0 a I n j r83 1 ' gig¢ WO WW$>- Y d ugng p t t va a w t zw W 9cff ! � iL E 9�35� H 99111 H �� t 19464 Findings of Fact for the Bridger View Redevelopment PUD Page 12 of 50 I� Bridger View __t•_—.— —-l�_—_—_—_._. .---.—.—. J Story Sm Rd n BOdgmMT 59 DI ---v--'—' �! Bozoman MT 59715 —_—_—._ --- --- - - --T----------------- PRELIMINARY PUD/ _ PLAT SET `� �r� r If _ .i .. .�.. •a.i � n,TJ tNFv �. (/v/1 a �r Project Team q ! ! it c::t ru:, ulcrrAti � ��`� war•�'' . . a L Jill NPTE! � �� >•y (v} a - 1 I 0 w.Nr➢ tl"PT.q�aC.c,mvacn>en00.x.rP R a _ _ V !l ce.»rmnCu.0 '2. 1.4Ue)1.ry.,IM..antlr iV.r.p.wpn v.wplm. L ,'•�. t !-� � � ' n]�'A.peNry.po:...n."rnp.MUro N.tl4/f � ..21'tl pamE m:4P msauwnnP.p.c.immM �' . ,�uvYwmYr',NG Iai In./uC P.•"V•.Iprwg m0. �-__— - --� —_ 5 ."N,C.WHna.,aNr FR uNa�NW.na�Y YJ: .L 3�.un.�a�aaNra�ut q"aq.. Y a,N.b C G.N NUn.F.W.e+n.N w"WO.n"el.b an]caOcr.Np I _ r a I 1 Cru:u das Pa.mfW:Isa T,.�rv"ar.quN) ',', f MANDSCAPE PW N` HAR9SCAPE PWI Q ' 19464 Findings of Fact for the Bridger View Redevelopment PUD Page 13 of 50 Bridger View WlaCen aVuE Story Mill Rd S Bridger Or \ Bozeman MT 59715 PRELIMINARY PUD/ f PLAT SET Lcraa.r Lmos.s Lor ocn r-_� ` - ' LOT osa , " ' ., , Lor oaa I ' Project Team I I i Po�F alp ' wl1..LHi(! I ' .• I LOr OLr ,Y '1L L r I '' aim•.. COURT T� F101{O.gISP 1 1LL� 7 cw•v..q.e... COµ1r F i .NGH�IE�CI Y,e ===44 a.-"wc,... � non •....>w..w......, � , I { wu«nc couusr.xr J UNIT KEY Sym. Unit Type No.of Units �� -iioou� cRl�ne Loma.. --- 8.1 Bungalow-t Bedroom tt L Lor osa i B-2 Bungalow•2 Bedroom 15 ---� -LsrM A F-2 Farmhouse-2 Bedroom 17 F•3 FarnlwLrse•3 Bedroom 9 P-1 Parkside-/Badroom 5 LOT osa .wLscc nrwc P•3 Parkside-3 Bedroom 5 +oon'wLURow It{ Soo shoats A2.0 to A2.4 for detailed Plans of Units i i I Uar lypES • �O� 1i1 UNr GIAN O•u -°� SP3 19464 Findings of Fact for the Bridger View Redevelopment PUD Page 14 of 50 Bridger View Story MAN Rd d Bddgw Or Bozeman MT 59715 PRELIMINARY PUD! PLAT SET Project Team • I_ wa FRVtF FLR'A!IDR IEIRnEVAT01(POROMI Lim SOE euvenou co.rw.c,aT w�mww w:�w iJ Q.i 1 I _- s BISFMENT FRSTFEOOR MIfiSCdF.�.._ SEWZFLOCA 545W ROOF P—OETA EO ROOFPU ATTACHED UNIT DESIGN FART/MOUSE•2 BEDROOM —_ '7" A2.0 Farmhouse Type—2 bedroom 19464 Findings of Fact for the Bridger View Redevelopment PUD Page 15 of 50 Bridger View Story MiN Rd&Blldgar Or Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET Wpm Q91:L Project Team FIgY:E(EVAt1011 gEU19El'.(TKN SIDE 13EV<IR1n C�pK vl4p( COhRACtN: 9ASEY&fIlA+.......j FWT F(COR yM CIF SEOONOFLOOR 725CSF ROOF FLAN (( f1 UNR DESIGN F4,RNNGUSE•3 BMRMI A2.1 Farmhouse Type —3 bedroom 19464 Findings of Fact for the Bridger View Redevelopment PUD Page 16 of 50 Bridger View Story Mill Rd&BFldgw Or - - Bozeman MT.59715 PRELIMINARY PUD/ PLAT SET I�-- - Project Team M.N:VAt10N .FftO TE1FVRilON w.. .. .. RCM CU:l1AilON ' �iMMnr C�uR Mll4r,' ,aKM - R.am,G Obcfl.,Anl � a - nacryQn(�c.�p.0 I FN5l flbgl }5)GSF _ UNR DESIGN L.-...._.J M EF ItNRAIOW ROOF 71AN �eLNG4104!•1 6EDROCut ' A2.2 Bungalow Type— 1 bedroom 19464 Findings of Fact for the Bridger View Redevelopment PUD Page 17 of 50 Bridger View Story MW Rd d Bridger Or Bozeman MT SS715 PRELIMINARY PUD/ PLAT SET r 4ProjectTeam.W FTONi ELE'•'AIKry 4EE ElE1l11iV< �,^�l ..._� I�Etfl�IF'OnM} .. ...� a�uE'. .... El- ftAVtkkY�IgHp OPCltpl) "W�Ct COYrrkK10.. I x L "o :aa USEMFM� Fftl Fl Mcm SECCNOFIOOR W CSF NOOFP— UNIr DESIGN 0"GDLOYF•2 SEORGOM A2.3 Bungalow Type—2 bedroom 19464 Findings of Fact for the Bridger View Redevelopment PUD Page 18 of 50 Bridger View Story MiM Rd 8 8dd9W OF Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET Project Team \ . REM RevanoN FR tEL"aneu W �t MAW t 1 <owrR.ctoe 1 k t t i LOFIERLE'. IMO FSSGSF FWSI FLOOR ?W GSF SECOM FLOOR YMCW ROOF PLY: OULOWG OF91GN o PA+RK4 A2.4 Parkside Type 19464 Findings of Fact foRe Bridger View Redevelopment PUD Page 19 of 50 SECTION Z - REQUESTED RELAXATION/DEVIATIONS/ VARIANCES 1. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow"Common House" on a lot. This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. 2. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. 3. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. 4. Table 38.320.030.0 Lot coverage &setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. 5. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. 6. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding allowable encroachment for accessory structures. 7. Section 38.360.210 Single, two,three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). 8. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design.The 60 feet right-of-way standard would be reduced to 30 feet. 9. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. 10.Section 38.400.100 Street vision triangle. The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. 11. Section 38.410.040 Blocks length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. 12. Section 38.410.040.E Blocks. The application requests an alternative block and lots numbering scheme. 19464 Findings of Fact foe Br►dger View Redevelopment PUD Page a 20 of 50 13. Section 38.410.060.B Easements. The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. 14. Section 38.410.060.0 Public Utility Easements. The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. 15.Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. 16. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. 17. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces,visitor spaces, and on street spaces. 18.Section 38.550 Landscaping. The application requests an alternative landscape plan requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts. 19.Section 38.570 Lighting.The application requests an alternative lighting plan. The relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and finds that they are met for all 19 relaxations with the adoption of the staff analysis and findings below for justification, and conditions of approval. SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final planned unit development plan must be submitted, reviewed,and approved prior to approval of the final plat. 19464 Findings of Fact foPe Bridger View Redevelopment PUD Page 21 of 50 3. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines, and associated property owners' association documents.as approved: a. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow"Common House" on a lot. This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. b. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. c. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. d. Table 38.320.030.0 Lot coverage &setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. e. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios,decks, porches,balconies, ramps and similar features to encroach into setbacks. f. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding allowable encroachment for accessory structures. g. Section 38.360.210 Single, two, three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). h. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. The 60 feet right-of-way standard would be reduced to 30 feet. i. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. j. Section 38.400.100 Street vision triangle. The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. k. Section 38.410.040 Blocks length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet,and reducing required 10 foot setback from pedestrian paths. 1. Section 38.410.040.E Blocks. The application requests an alternative block and lots numbering scheme. 19464 Findings o Fact ow Brid er View Redevelopment PUD 0 Page 22 of 50 9 f f 9 P g m. Section 38.410.060.13 Easements. The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. n. Section 38.410.060.0 Public Utility Easements. The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. o. Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. p. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. q. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and on street spaces. r. Section 38.550 Landscaping. The application requests an alternative landscape plan. Requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts s. Section 38.570 Lighting. The application requests an alternative lighting plan. 4. No property may be removed from the covenants without written approval of the City of Bozeman. S. The proposed ten foot utility easement on the east side of property must include clear and unambiguous language that no structures, deep root foliage, or other hindrances to future access may be planted, placed, or erected within the ten foot easement prior to final planned unit development plan approval. If the City grants applicant's request for an easement in the adjacent City-owned property to the east for this utility easement and applicant records it, the new location of this utility easement must be shown on the final plat and final PUD plans. 6. Public access easements must be shown and accurately dimensioned for all publicly accessible open space areas prior to final planned unit development plan approval. 7. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design standards may not be altered without consent of the City. 8. Section 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting 19464 Findings of Fact foRe Bridger View Redevelopment PUD • Page a 23 of SO diagram and be recorded simultaneously with the Final Plat.Alternatively include "Public Common Open Space" shown on the face of the Plat. 9. A notice prepared by the City must be filed concurrently with the plat so that it will appear on title reports. It must read substantially as follows: The Bridger View Redevelopment Planned Unit Development, Gallatin County, Montana is subject to specific design standards, unique building setbacks and design, and landscaping. These standards may be found in Section III of the Bridger View Redevelopment Design Guidelines and Individual Lot Plans. Lot owners are advised that these are specific to the Bridger View Redevelopment Planned Unit Development and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bridger View Redevelopment Planned Unit Development approval documents the general standards of the City apply. Modification of the special standards requires an amendment to the Bridger View Redevelopment Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process.Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 10. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a) Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage c) Intersection improvements to Story Mill Road and Bridger Drive d) Street improvements, maintenance, and reconstruction to Blue Silos Way, Millwork Way, and Fourhouse Way, including paving, sidewalk, storm drainage, and any other improvements within the 30 foot right-of-way. The document filed must specify that in the event an SID is not utilized for the completion of these improvements,the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property,taxable valuation of the property,traffic contribution from the development, or a combination thereof.The applicant must provide a copy of the filed SID waiver prior to final plan approval. SECTION 4 - REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The Property Owners' Association documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the final plat. 19464 Findings of Fac t foa Brid er View Redevelopment PUD Page 24 of 50 2. BMC 38.550.050.I. Irrigation plans are required to be submitted with the townhome landscape plan and the PUD open space landscape plan with the planned unit development final plan application. 3. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services, unless explicitly included in the relaxations granted with the approved plans. 4. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger View Redevelopment Property Owners'Association (POA) documents must incorporate the stormwater maintenance plan and clearly state the responsibility for stormwater maintenance for all stormwater facilities. 5. BMC 38.270.030.D for concurrent construction per Section 38.270.030.D BMC. Provide final response to PUD concurrent construction and finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. 6. BMC 38.350.050.B zero lot lines. A legal written agreement for access and maintenance recorded at the county clerk and recorder is required for all lots with single-household detached structures. 7. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met; and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided; The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. 19464 Findings of Fact foie Bridger View Redevelopment PUD • Page a 25 of 50 Final plan approval.The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval,the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. 8. BMC 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting diagram and be recorded simultaneously with the Final Plat. Alternatively include "Public Common Open Space" shown on the face of the Plat. SECTION 5 -ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Plan Review Criteria,Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy Yes. The recently approved Growth Policy (Application No. 19104) amendment and rezoning (Application No. 19105) created a foundation for residential development on the subject property. The future land use designation is Residential Emphasis Mixed-Use and is zoned R-3 (Medium Density Residential District). Table C-16 of the Bozeman Community Plan shows R-3 zoning as implementing districts of the Residential Emphasis Mixed-Use classification. The proposed use is residential with the exception of the common house. Four residential home types are proposed including single home detached,two attached unit, two attached with a basement walkout unit on the park side grade level, and three attached structures.A variety of smaller footprint and total square footage is proposed. The project is in conformance to and consistent with the City's adopted growth policy,the Bozeman Community Plan, including the following goals and objectives: 19464 Findings o Fact ow Bridger View Redevelopment PUD Page 26 of 50 9 f f 9 P g Goal C-2: Community Circulation — Create a circulation system both vehicular and pedestrian that is fully connected, integrated,and designed for ease of use. The layout and design of the circulation system is designed for residents and internal use. There are few accesses into the site due to adjacent parks and highways. Reducing road width and combining users will create a more intimate space and reduce vehicular speeds and decrease "cut through traffic." It does not promote the City's overall goal of providing a complete network of grid streets for all users. "Woonerf" cross sections are more subject to blockage than standard configuration streets.Applicants have limited the number of homes accessing each of the "woonerfs" to help mitigate this condition. Blue Silos Way and the pedestrian connection entering a parking lot serving as the primary corridor through the site may not encourage non-residents to feel welcome or encourage utilization of the network. There are existing constraints with the site that limit a full street grid including Story Mill Park to the west and the open space trail corridor adjacent to Story Mill Road. Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both the pedestrians and vehicles, including human powered vehicles. Similar to the discussion for Goal C-2 above,the street grid and pedestrian circulation system designed does not accommodate shared transportation systems including vehicular travel lanes, pedestrian areas, bike lanes, and other alternatives. The developer is providing a connection to the western edge of their property for future connections to the west and south as the area develops. This connection, however,will serve future development and Story Mill Park and will bypass Bridger View Redevelopment.Applicants have provided primarily non-motorized access to portions of the project. Pedestrian connection is more extensive than for motor vehicles. Objective C-2.5: Explore and encourage innovative parking solutions for both residential and commercial projects including parking best practices, expanded parking districts, cash in lieu of parking,and design guidelines for structured parking. Bridger View Redevelopment is proposing an innovative parking scheme for the development. Shared parking areas mixed throughout the site will provide the majority of required parking. Additional parking is provided on site for a number of the residential units. Finally,the application proposes using on-street parking to meet minimum parking requirements. Pursuant to section 38.540.050.A.1.a(1), BMC, "One parking space for each 24 uninterrupted linear feet of available street frontage usable 19464 Findings of Fact for"the Bridger View Redevelopment PUD • Page 27 of 50 9 P g for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. Hillside Lane parking is not adjacent to any individual properties. Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work,and minimizes sprawl. The Bridger View Redevelopment intends to create a unique neighborhood for future residents to revitalize the previous Bridger View mobile home park. Each residential unit type has been predesigned as shown above in Section 1 and will be smaller in size than typical in new subdivisions. This is an unusual approach for a subdivision and will aid in creating a different character from most parts of the City. The site is served by City services including water, sewer, transportation infrastructure, park adjacency, and to the greater trail network such as the Path to the M. The development has a distinct sense of place, this project contributes to an existing and expanding mixed use area and allows people to live in close proximity to work, public and private basic services and minimizes sprawl. Objective LU-1.4 Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. This project revitalizes a previous residential area with amenities and focused on smaller homes.The context includes a variety of land uses including larger lot detached residential, townhomes, industrial, commercial, park and open space,and the former Story Mill site. The overall gross density of the project is within the range required and allowed in the R-3 district. Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City's adopted standards. This project revitalizes an underutilized property adjacent to a significant public recreational amenity, the Story Mill Community Park. Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods. Each neighborhood should have a clear focal point,such as a park, school,other open space or community facility,and shall be designed to promote pedestrian convenience. To this end,the City shall encourage the use of historic Bozeman neighborhoods, including a significantly interconnected street system,as models for the planning and design of new residential neighborhoods. 19464 Findings o Fact ow Bridger View Redevelopment PUD� Page 28 of SO 9 f f 9 P g Bridger View Redevelopment primary purpose is to create a unique neighborhood with a community land trust and provide housing ownership types not typically constructed to offer a variety of housing price points. The proposed design has an unusually high degree of interdependence with shared open spaces, an unusual circulation system, and limited building sizes and designs. These features will create an unusual character that will help define this neighborhood. The development is within the City service area and is adjacent to existing roads. Transportation infrastructure improvements will improve connectivity to the greater community.Adjacency to the Story Mill Park provides the focal point to meet this objective. Extension of Hillside Lane will provide additional pedestrian access to the park from the east. Objective E-4.2: Promulgate efficient land use practices. This project promulgates efficient land use practices and provides a moderate net residential density,while adding to public open space and trail network that can be used by the entire community. Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost,and location with an emphasis on maintaining neighborhood character and stability. This project provides additional quality housing at a medium density in an area that only includes a small residential low density subdivision, light industrial, and commercial uses.A mix of housing types is provided in the Bridger Creek and Legends subdivisions further north on Story Mill Road. This project will add to the neighborhood character and the stability of this area. The applicants have prepared an unusually high degree of building design and site integration compared with other recent subdivisions in the City.A diversity of housing types is provided. Given the small size of the development no large areas of single type housing is created. The proposed community land trust is an unusual feature of this development. It provides a rarely available tool to provide oversight on the project and encourage maintenance of housing quality for homes once constructed. Residential uses provide an insular design to focus on the character of the development. For more information on the growth policy designation please see Appendix A. 2. Conformance to this chapter, including the cessation of any current violations Yes.The project, if approved,will conform to the Bozeman Municipal Code other than the requested relaxations. There are no known documented violations of the BMC for this property. 19464 Findings of Fact fol e Bridger View Redevelopment PUD • Page a 29 of 50 3. Conformance with all other applicable laws, ordinances,and regulations Yes. The proposed uses of the site are consistent with the allowed uses of the R-3 district. No specific conflicts have been identified.Additional steps will be required including but not limited to final payment for cash in lieu of water rights, finalization of the preliminary and final plat, dedication of the streets and parkland, dedication of the utility easements, construction of infrastructure, PUD final plan documents and approval and building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. Condition of approval 1 requires full compliance with all applicable code requirements. The development is owned and managed by the HRDC with prescribed design standards, operational contingencies, and development strategy and schedule. Nineteen subdivision and zoning standards are modified as described in Section 2 to achieve the desired outcome. A PUD allows an applicant to propose alternate standards for a development. This flexibility must be, and has been with this application, coupled with tools to address issues that may arise from not following the normal standards of the municipal code. Examples from this case include unusual street sections and common open spaces coupled with a community land trust and unique maintenance obligations and funding. If both the PUD relaxations and the conditions of approval are approved, the development meets standards through the alternate compliance method allowed for a PUD.See further discussion on PUDs below. 4. Conformance with special review criteria for applicable permit type as specified in article 2 Yes. The CUP and PUD criteria are reviewed below. The project meets the requirements and criteria as presented with conditions of approval and applicable code provisions. S. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements,applicable supplemental use criteria,and wireless facilities and/or affordable housing provisions if applicable Yes. The residential use is permitted in the R-3 district. Unlike many communities,the City of Bozeman does not regulate minimum home size (the International Building Code does have minimum habitable space standards which are met) deferring to individual preferences within an open-housing market to establish house size. The City encourages well designed smaller homes in all residential districts. See the intent statement for the R-3 zoning district in Appendix B. The purpose of the development is to provide a mix of housing types and price points including lower priced homes by restricting the size of homes, predesigning the homes to create efficiencies.of scale in architectural services, and creating a land trust to insure 19464 Findings o Fact oi�he Brid er View Redevelopment PUD� Page 30 of 50 9 f f 9 P g the homes within the land trust are sold at desired prices. The project triggers compliance with the City's affordable housing ordinance. Five units,the minimum,will be sold at the "Lower Priced" alternative with the remainder to be paid as cash-in-lieu. Please refer to the affordable housing plan for more information. As noted in the deviations request list above lot size, road width and construction standards, setbacks, permitted encroachments, parking configuration, and other adopted standards are altered with this plan. Lot coverage and building heights comply with standards. Table 38.320.030.A details lot area for residential districts. The table shows standard City lots vary from 4,000 square feet for single-household lots to 2,500 for affordable townhomes and rowhouses. Bridger View Redevelopment proposes reducing lot size to a range between 3,650 to 1,700 square feet. Analysis shows City standard lots would allow similar number of units on the property without relaxations to lot size assuming no parkland dedication. This project is meeting park requirements by improvements to the adjacent Story Mill Park as is allowed for all subdivisions. Rather than have private front and rear yards the area cleaved off is aggregated into public open spaces dispersed throughout the site. This provides an unusual configuration of shared spaces rather than individual yards controlled by individual lot owners. Use of the shared spaces will be controlled by the property owners association.Applying a public access easement bumps the value of the PUD performance points from providing open spaces by 25%. The application must provide a minimum of 20 points and is providing 22.5 points of the total 30.5 points achieved with this application. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Yes. Planned Unit Development procedures allow for creative alternatives to City standards.An extension of Hillside Lane is required to be constructed with this project and will be constructed to a City standard and within standard right-of-way width. Internal rights-of-way width and street cross sections are modified with additional pedestrian pathways to supplant standard road width and sidewalks for circulation. Alternative sidewalk widths will be utilized. Similarly, easements and lot sizes are modified to create the desired sense of place. See discussion above on the proposed character of this development. Internal roadways and pathways will be dedicated to the public or provide public access through easements.All roads, open spaces, landscaping, and infrastructure, except for water and sewer service, is maintained by the Property Owner Association 19464 Findings of Fact fort Brid er View Redevelopment PUD • Page e 31 of 50 9 P g (POA).As such higher than normal POA fees are required to financially support this construct. A funding mechanism is proposed with the development that is described in the POA documents.The obligations for maintenance elevate the importance of a functional and well managed POA. Conditions of approval regarding the POA are proposed in the associated subdivision application approval will facilitate the POA in meeting its obligations. The applicant has requested a waiver from level of service (LOS) for intersections for Bridger Drive and Story Mill Road. The Director of Public Works has the authority to determine whether or not to grant this waiver based on specific circumstances. The applicant proposes.providing cash-in-lieu of parkland dedication to meet the state required parkland dedication. The proximity of Story Mill Community Park and adjacent pathways are conducive to this alternative. The Bozeman Parks and Recreation Department and the Recreation and Parks Advisory Board (RPAB) Subdivision Review Committee are supportive of the proposed park improvements plan. Parkland dedication in the R-3 zone is capped at 12 dwelling units per NET acre. The creation of shared open spaces and smaller individual lots changes the calculation for net density. In summary, a total of 1.103 acres or equivalent is required to satisfy required mitigation of park impacts. The equivalent cash or improvements in-lieu are valued at$76,875. The applicant is providing an improvements in lieu plan valued at -$98,052.98. The application is therefore voluntarily exceeding required mitigation by approximately 27%. Parking is being met by on and off-site parking facilities and connected with the pedestrian connections. Minimum parking requirements are met. However,the location is atypical and requires a deviation to allow individual parking structures to be located on separate tracts of land and is included at"relaxation No. 1". Access standards require lot frontage adjacent to a public street for each residential unit to meet the state requirement for legal and physical access to all lots in a subdivision. Not all lots meet this standard; therefore, a deviation is required to provide an alternate means of legal and physical access.Access is provided by a series of pedestrian walkways and modified"woonerf streets sections. The proposed subdivision exceeds block length and width standards.An alternative design standard is to separate blocks with pedestrian pathways with a minimum 25 foot public access easement.The applicant proposes reducing the easement width and the associated building setbacks through the PUD. Public utilities are subject to modification as well. City standard easement width for sewer lines is 30 feet. This size provides separation from adjacent buildings and enables 19464 Findings o Fact oi'the Brid er View Redevelopment PUD• Page 2 f g f f g p g 3 0 50 access for maintenance equipment. The applicant is proposing a 25 foot wide easement on the north side of the property. 7. Conformance with the project design provisions of article 5, including compatibility with,and sensitivity to,the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; The development is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to, building mass and height, landscaping, orientation of parking and building placement on the site. See discussion in various criteria above. Individual residential and attached dwellings with up to four units per building are not subject to the design guidelines in Article S. However, building materials,building . quality, architectural integration, neighborhood identity, and orientation of parking and service areas do apply. The landscaping plan meets standards with deviations. The design of the site plan is in harmony with the existing natural topography and water bodies and existing vegetation. Grade is integrated into the siting of the homes and drainage. Deviations are required in order to meet requirements of BMC 38.360.240,the special standards for townhouse and rowhouse dwellings. Each unit meets access standards, usable open space, and building design. Building mounted lighting is proposed for the townhomes and meets code standards. No signage is proposed at this time. 8. Conformance with environmental and open space objectives set forth in articles 4-6, including the enhancement of the natural environment, watercourse and wetland protections and associated wildlife habitats; and if the development is adjacent to an existing or approved public park or public open space area,have provisions been made in the plan to avoid interfering with public access to and use of that area Yes. There are no known wetlands,watercourses, or critical wildlife habitat on the subject property.An existing multi-use pathway is on the adjacent property to the east. The "M" trail is integrated into the common open space lot No. 5 sandwiched between the individual houses and Bridger Drive on the north side of the property. The applicant proposes using Low Impact Design (LID) to improve stormwater retention and detention and gain performance points towards the PUD.The stormwater 19464 Findings of Fact fooe Bridger View Redevelopment PUD• Page 33 of 50 system exceeds code standards. The development is adjacent to a public park and provisions have been made in this development to allow public access to the development's open space areas and circulation system. Extension of Hillside Lane will provide an additional point of access to Story Mill Park. 9. Conformance with the natural resource protection provisions of article 4 and article 6 Not applicable. 10. Other related matters, including relevant comment from affected parties Public comment has been received. The formal public comment period will commence prior to the City Commission hearing which is tentatively scheduled for May 18, 2020. All comments can be reviewed at the following link: http://weblink.bozeman.net/WebLink8/0/fol/210594/Row1.asl2x. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title,whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b.The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not.cause one or more elements of the development to become nonconforming The City has reviewed this criteria and finds that the associated subdivision provides for the common spaces, circulation systems, and other features needed to satisfy this criterion. 12. Phasing of development Site plan phasing provisions do not apply to this application.The subdivision proposes three phases to complete the development. Each phase must support all necessary infrastructure, parkland, opens pace, circulation, and other associated components to be approved. As proposed the phasing scheme meets standards.A subdivision application is being reviewed concurrent with the PUD. 19464 Findings of Fact foRe Bridger View Redevelopment PUD • Page 34 of 50 Conditional Use Permit Review Criteria,Section 38.230.110, BMC, E. In addition to the review criteria of section 38.230.100, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces,walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The site is adequate. The proposed buildings and parks and open space enhance the neighborhood. The open space and internal vehicular and pedestrian circulation system is highly orchestrated to meet the needs of future residents. Lot area and parcel size and density analysis indicates the base City standards would achieve the same gross and NET residential density as the applicant proposes with the alternative design.The area gained by reducing size lots size and setbacks are transferred to the open space and use to meet performance point for the PUD. However, the typical lot would keep the open space private while the Bridger View Redevelopment's open space will have public access easement to allow free movement of residents and the general public. The 62 residential lots consume 132,466 square feet. Standard City lots with the same number of affordable lots and townhouse types require 202,500 square feet for a difference of 70,034. The common lots and common open space lots consume an additional 36,510 and 108,475 square feet respectfully. Required parkland equals 48,050 square feet. Staff is unclear how accessible the open space will feel to those who do not reside within the development. Narrower corridor traversing parking areas, entrances to private homes, service areas that do not connect to a destination may not create a fully connected system. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof, No adverse impacts to abutting properties have been identified. Residential use is a permitted use in the R-3 zone. Proposed densities are well below what is permitted by right within the district and below what was previously established. 19464 Findings of Fact fooe Bridger View Redevelopment PUD• Page 35 of 50 Infrastructure improvements will enhance the safety for cyclists, and the new sidewalks will encourage non-motorized access to the site which promotes public health and safety. General welfare will be promoted through smaller homes and new residential townhomes which will provide a variety of housing options for area residents. Park adjacency may promote general welfare by providing an expansion of recreational opportunities for residents. The residential development serviced by the existing municipal sanitary sewer and water systems promotes public health by protecting groundwater from degradation. Stormwater will be managed in LID retention facilities to filter out sediment and treat runoff. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include,but are not limited to: a. Regulation of use; b. Special yards,spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise,vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; 1. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The plans include design standards to ensure the desired outcome in character, provisions for maintenance and replacement of infrastructure, maintenance of landscaping, purchase and sale within the community land trust structure, and 19464 Findings of Fact fooe Bridger View Redevelopment PUD• Page 36 of 50 requirements of DRC review and the proposed covenants and design guidelines associated with the project will address these areas. F. In addition to all other conditions,the following general requirements apply to every conditional use permit granted: 1.That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2.That all of the conditions shall constitute restrictions running with the land use,shall apply and be adhered to by the owner of the land,successors or assigns, shall be binding upon the owner of the land,his successors or assigns,shall be consented to in writing,and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process and will be required prior to approval of the final plat. Planned Unit Development Review Criteria,Section 38.430.090.E, BMC. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design.The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with a unique character. In order to achieve the desired outcome 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application. Requested deviations are listed in Section 2 of this report. The application is seeking waivers from a wide variety of developments standards to create a unique neighborhood. The uniqueness includes restrictions on the manner in which individual owners will be able to use the lots, an unusually high degree of overall architectural design and open space coordination in the development,and unusual street configurations with associated maintenance obligations. The review criteria are intended to ascertain whether or not the stated outcome is achieved. In addition, functional and 19464 Findings of Fact foie Bridger View Redevelopment PUD • Page 37 of 50 financial realities exist. In this case the applicant suggests that the following items offset the 19 PUD alterations and enable to the future development to work during the development cycle and over the long term: a. Development of the site from conception to construction, occupancy, and long term management is from a single entity rather than separation of the subdivider and builder, the building of homes by one builder rather than multiple parties as is common in other subdivisions, and eventual removal of the subdivider from any future operation of the subdivision. b. All structures including residential units, common house, and common structures are pre-designed so the fit and functionality of proposed home to proposed lot can be studied and identified at the PUD review stage. c. The management and financial structure (POA, Community Land Trust, HRDC) brings a much higher degree of control and management of common spaces and infrastructure than a typical volunteer POA. The long term nature of the management structure appears to be sufficiently robust to assume the complex task of maintenance and long term replacement of infrastructure and the required assessment tool to insure adequate funding for the operations and maintenance liability. d. Substantial and complex annual operations typically not achievable for standard property owners association are more likely to be satisfied in the land trust model. e. To allow concurrent construction approval and the ability to manage the construction site no structures will be occupied until all homes within the phase are completed. Although a developer certainly could assume the additional costs, time to develop, and assume long term management of the site, most historic and current development does not follow such an unusual development process. Volunteer POAs in Bozeman have a mixed and inconsistent track record of success in delivering reliable required maintenance of parks, open spaces, and other facilities. The issue became of sufficient concern that in May 2020, City voters approved a Park district to take over maintenance of all public parks from POAs. Further, staff was provided no information or evidence to support the applicant's statement that land trust models are more likely to satisfy substantial and complex annual operations of a subdivision. This project has benefited from substantial philanthropic support to encourage provision of long term housing at controlled price points and limited appreciation through the associated land trust model and other efforts. The application presents the applicant's response to these criteria. 19464 Findings of Fact fooke Bridger View Redevelopment PUD• Page 38 of 50 2. In addition to the criteria for all site plan and conditional use reviews,the following criteria will be used in evaluating all planned unit development applications. a.All development.All land uses within a proposed planned unit development shall be reviewed against,and comply with,the applicable objectives and criteria of the mandatory"all development"group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies,fire protection, electricity,flood hazard areas, naturalgas, telephone, storm drainage, cable television, and streets? Yes, except as specifically requested through the relaxations listed in Section 2 and the deviations from the design standards as described in the design reports. (2) Does the project preserve or replace existing natural vegetation? Yes, the project intends to maintain existing trees along Bridger Drive and south of the new extension of Hillside Lane. Other site vegetation will likely need to be removed to ensure adequate site grading and drainage but will be replaced with additional landscaping in accordance with the Landscape Plans in the Drawing Set, Sheets L2.0 - L2.5. The site has been heavily disturbed by previous development. There is no known species of concern that limits ability to modify the site. (3)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,the concept of compact development is a response to smaller households, increasing construction and operation costs, and the appreciation of natural open space. By thoughtfully designing smaller houses,yards and streets, neighborhoods are made safer, more livable, easier to maintain and less costly to the city's infrastructure budget. Good connectivity,walkability, and affordability are all made possible. Compact development is a guiding principle for Bridger View.With 20 units per net acre, its density creates a good fit with its transitional surroundings—a contemporary concept rooted in best practices from the past. Hillside Lane is built to the city's standard for public streets and is likely to carry considerable traffic as a key access to Story Mill Park. The other streets are intentionally different in scale and configuration from older neighborhood streets. They are publicly accessible but will be privately maintained.The small streets (woonerfs) are designed for very low volumes of travel,to limit the speed of cars, and deliberately mix street users with the intent of making them safer and friendlier places. Please refer to the Design Guidelines in Appendix 10.a for more detailed descriptions of buildings (Page 36), circulation (Page 16), open space (Page 19) and landscaping (Page 26). 19464 Findings of Fact fooe Bridger View Redevelopment PUD• Page 39 of 50 (4) 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, this project is seeking LEED-ND certification which will ensure that the elements of the site plan will contribute to the overall reduction of energy use by this project as compared to a typical subdivision. (5)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, all lots accommodate modest front yards and front porches. Lots that face a public edge of the site—the trail along Bridger Drive, the trail along Story Mill Road, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys or pedestrian walks. Typically, the houses are "zero lot-line houses" located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner,whose house has windows facing it. The wall of the house next door,which sits at the property line, has no windows, so affords privacy to its neighbor. This approach also affects the internal design of each home as sleeping areas must have egress to meet building code requirements. Each home has access to a private outdoor area in addition to the shared open spaces. Fencing is allowed as specified in the Design Regulations. Pursuant to Section 38.350.050.B a legal written agreement recorded at the county clerk and recorder is required, see code provision No. 6. (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Yes, the Trust for Public Land and the HRDC have been working with the Parks Department and the Recreation and Parks Advisory Board to use the "improvements in lieu of parkland" program authorized in 38.420.030.A to develop the parking lot in the southeast portion of the Story Mill Community Park. This parking lot provides important access to a fishing area, dog park and pathways connecting the park to the Story Mill Spur Trail. The value of this improvement is $98,052.98 which exceeds the park equivalent amount of$76,875.20.The Trust for Public Land and HRDC requested 19464 Findings •of Fact foe Bridger View Redevelopment PUD Page 40 of SO review before the Recreation and Parks Advisory Board Subdivision Subcommittee as part of the Pre-Application to be able to start the construction and credit the amount of the proposed improvement to the Bridger View Redevelopment project. On May 7, 2019, the RPAB met to discuss the proposal and unanimously supported the concepts presented. Final paperwork will be provided with the Final Plat as required. Please see the parkland certificate with calculations and amounts which is provided on the preliminary plat as required. Use of the improvement-in-lieu option for development adjacent to existing parks is consistent with.Commission Resolution 4784. Resolution 4784 establishes the criteria for considering cash or improvements in lieu of parkland dedication. In terms of on-site open space per dwelling unit,this project.proposes to use the townhouse open space standard for all units whether they are attached, detached or vertical duplex condominiums. In addition to private yards and shared open spaces, all units include a porch with an area that is at least 10 percent of the living area. Most porch minimum dimensions are 9' x 16' (144 SF). Note that the smaller Bungalow units actually have a larger 9' x 18' porch. Please refer to Sheets A2.0 -A2.4 of the application. Staff comment, please see No. 8 below. (7)Performance.All PUDs shall earn at least 20 performance points. Yes, Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Bridger View Redevelopment incorporates PUD point categories wherever possible and exceeds the requirement of 20 performance points. In some cases, the neighborhood is not eligible for points even though it incorporates significant elements of the category. Details of the point calculations are included in Section S. The applicant provided.a summary of the performance points for the development. This chart and the supporting statement can be found in PUD Relaxations appendix attached to this report.A minimum of 20 points are required. Staff comments are listed below the chart. 19464 Findings of Fact fooe Bridger View Redevelopment PUD • Page 41 of 50 # Category Points Notes a Affordable Housing NA 26"Missing Middle"homes with permanence of affordability not eligible for PUD points. b Additional Open Space 22.5 18 percent publicly accessible open space x 1.25 points=22.5. c Adaptive Reuse of NA There are no existing buildings on site. Historic Buildings d Underutilized Site 1 Infill site is currently vacant.40 trailers were removed in 2006 and 62 units are proposed= 1 point. e LEED-ND 0 The project is designed to meet LEED v4 ND [Built Project]as evidenced by the attached scorecard and letter from our sustainability consultant. No points are being requested at this time because the actual certification would not occur until after 100%of the units are complete and within 3 years of completion. f Low Impact 6 See drawing set and Design Guidelines for specifics related to Development Plan stormwater and vegetation. g Sustainable Design& 0 While the project is committed to high performance sustainable Construction buildings, specific certifications to be pursued are not yet finalized. h Wayfinding NA Wayfinding is incorporated but site is less than 30 acres making it ineligible for PUD points. i Transfer Station 0 Common recycling stations are incorporated; not eligible for points because not a transfer station. j Bus Stop 0 Appropriate bus stop location to be determined as a result of ongoing Streamline route study. k Streetscape 6 Hillside Lane+ Hillside Green + Hillside Grove. See Landscape Improvements Plans. TOTAL = 35.5 Performance Points Staff supports the point assessment for e, d, and f. Streetscape improvements; (k) is not met with this application. Streetscape improvements are limited to improvements within a right-of-way and must be improvements above and beyond minimum requirements for boulevard improvements which include sidewalks, curb and gutter, street trees, landscaping, street lights, drainage, and other standards. 1. Hillside Grove and Hillside Green are improvements to private open space and do not count towards street improvements. 2. Based on the landscape plan, improvements to Hillside Lane are excess boulevard street trees. City standard requires seven (7) trees on the north side and eight (8) on the south side.Twelve are shown on the north and 13 are shown on the south side of the street for ten additional trees. No other improvements are shown.Additional 19464 Findings of Fact foie Bridger View Redevelopment PUD Is Page 42 of 50 street trees consume more water and take additional forestry support to maintain healthy trees. Staff concludes the additional trees equal one (1) PUD point. Therefore, 30.5 points are achieved with this application. (8) /s the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad"to adjoining development? Staff response, no comment from applicant. The design creates an isolated inward looking development. Bounded by the Story Mill Park on the west, a park/open space parcel on the east adjacent to Story Mill Road, Bridger Drive to the north and an extension of Hillside Lane on the south. The internal circulation supports intra-site connectivity. The proposed open space does not appear to be integrated into the greater community and does not promote interaction with adjacent properties.Although the open space areas will have public access easements the intimacy of the site may not be supportive of other community members to pass through the site as with other neighborhoods. Applicant should, prior to final PUD plan submittal, consider additional methods to integrate this project to the adjacent pedestrian networks. b. Residential. Planned unit developments in residential areas (R-S, R-1, R- 2, R-3, R-4, R-5, RMH and R-0 zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize,and to the maximum extent possible, preserve and promote the unique character of neighborhoods,with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (division 38.310 of this chapter),within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units must be determined by the provision of and proximity to public services and subject to the following limitations and considerations: (1) On a net 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 city growth policy? Yes, the gross density is approximately 8 units per acre and the net density is approximately 20 units per acre. These numbers are in line with medium density development as described in the growth policy. 19464 Findings of Fact foRe Bridger View Redevelopment PUD• Page 43 of 50 (2) Does the project provide for private outdoor areas (e.g., private setbacks, 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, all lots accommodate modest front yards with front porches and back yards. Lots that face a public edge of the site—the trail along Bridger Drive, the Spur Trail, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys, or pedestrian walks. Typically, the houses are "zero lot-line houses" located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner, whose house has windows facing it. The wall of the house next door, which sits at the property line, has no windows, so affords privacy to its neighbor. Fencing is allowed as specified in the Design Regulations (Page 33). (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, the courtyards, green spaces, paths and trails all provide areas for active or passive recreational activities. Its adjacency to the new 60-acre Story Mill Community Park means that residents can walk to and into the park in less than five minutes. (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? Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District. (5) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient public services and facilities? Yes, Bridger View has been designed with an understanding of its role in the larger natural ecosystem and watershed. The neighborhood is built to take advantage of the natural topography, the tall evergreens along Bridger Drive, and other natural features. Using principles of low impact development, stormwater and snow are managed on-site. Courtyards and other green spaces serve as sites for stormwater detention and snow storage. The circulation system has been designed to provide efficient access without excessive paving. The reduced paving increases permeability and minimizes heat islands. In addition to waste management during construction, 19464 Findings of Fact folle Bridger View Redevelopment PUD Page 44 of 50 easily accessible waste collection stations encourage residents to recycle and compost. (6) Residential density bonus. /f the project is proposing a residential density bonus(30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus is determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot. area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380, must be excluded in the base density upon which the density bonus is calculated. Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District. (7) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes, the neighborhood was designed to capture the essence of pre-1940s traditional neighborhoods, such as the Northeast neighborhood in Bozeman. Characteristics include a comfortable neighborhood scale, modest size, simple construction, shared community spaces, eclectic designs, and features that encourage neighborliness. The proposed density as organized within the project acts as a transition between the more urban core,the industrial areas and the nearby larger lot subdivisions such as The Headlands and Hillside Lane. 19464 Findings of Fact fooe Bridger View Redevelopment PUD• Page 45 of 50 SECTION 6 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A) PURSUANT to Chapter 38, Divisions 38.230, 38.430, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plan for the planned unit development described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plan for a planned unit development to allow a residential with relaxations to subdivision and zoning regulations described in Section 2 of this report and a request for concurrent construction. Nineteen relaxations to City standards were proposed. The application includes a concurrent subdivision of one parcel into 57 lots in three phases, open space, common lots, and associated streets. The purposes of the preliminary plan review were to consider all relevant evidence relating to public health, safety,welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. B) It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plan and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plan of the PUD would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed.Therefore, being fully advised of all matters having come before them regarding this application, the City Commission makes the following decision. C) The preliminary plan has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report,justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D) This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County. The preliminary approval of this planned unit development shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the developer, grant individual extensions to its approval by the Community Development 19464 findings o Fact oge Brid er View Redevelopment PUD Page 46 of 50 9 f f 9 P g Director for a period of not more than six months at a time consistent with the requirements of Section 38.230. DATED this day of 2020 BOZEMAN CITY COMMISSION CHRIS MEHL Mayor ATTEST: TANYA ANDREASEN Acting City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 19464 Findings of Fact fooe Bridger View Redevelopment PUD Page 47 of 50 APPENDIX A -PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses:The property is zoned R-3 (Residential Medium Density District). The intent of the R-3 residential office district is "to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. Adopted Growth Policy Designation:The property is designated as "Residential Emphasis Mixed Use."The Residential Mixed-Use category"promotes neighborhoods with supporting services that are substantially dominated by housing.A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses...The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected.Any development within this category should have a well-integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development." APPENDIX B - PROJECT BACKGROUND The property owner and applicant made application to develop the site formally known as the Bridger Park Trailer Court on the southwest corner of Bridger Drive and Story Mill Road.The Bridger View mobile home park hosted 92 residential homes divided on two adjacent properties with 40 on the subject property. The mobile home park was removed in 2006 by the.defunct Story Mill development.The development proposes the construction of 62 residential living units on 57 lots with one common house, parking 19464 Findings of Fact foie Bridger View Redevelopment PUD Page 48 of 50 structures, common open space areas, and rights-of-ways. Parkland requirement is proposed to be met through the improvements-in-lieu of parkland dedication alternative. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed -Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The project's development intent is to create a"lasting and livable" neighborhood. The NET residential density is 7.9 dwelling units per acre. Zoning requires a minimum net density of 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City's Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City's Affordable Housing Ordinance at the "lower income" bracket of 70 percent AMI or less for a total of 62 residential units. The development team states, "Bridger View is envisioned as a diverse neighborhood where households at various income levels, stages of life, sizes and backgrounds can afford to purchase a home in Bozeman. The new neighborhood features 62 modest,well-designed houses compatible in scale with Bozeman's older neighborhoods. The design provides adequate parking while emphasizing pedestrian pathways and connectivity including adjacency to the new Story Mill Community Park and regional trails. Characteristics include a comfortable neighborhood scale,walkable streetscape, modest size, simple construction and shared community spaces. Porches, front yards, sidewalks, shared courtyards and tree-lined streets offer a welcoming setting. The Human Resource Development Council (HRDC) plans to develop the neighborhood in its entirety ensuring a level of quality design and overall coordination. Exceeding the standards of Bozeman's Inclusionary Zoning Ordinance, 50 percent of the houses will be perpetually affordable to households of moderate income.A new community land trust (CLT) will be established, drawing on the expertise and capacity of HRDC, to permanently preserve the condition and availability of affordably priced homes at Bridger View. Market rate and CLT homes will be interspersed throughout the site, indistinguishable in quality and design. This project will create an innovative neighborhood that provides an inventory of homes that are permanently affordable.As a community based-model, it integrates private development, non-profit and philanthropic investments along with cost- 19464 Findings of Fact fooe Brid er View Redevelopment PUD Page 49 of 50 9 P g sharing for offsite infrastructure upgrades by the City of Bozeman through the Capital Improvements Plan." APPENDIX C- OWNER INFORMATION AND REVIEWING STAFF Owner: HRDC, 32 South Tracy Ave, Bozeman MT 59715 Applicant: HRDC, 32 South Tracy Ave, Bozeman MT 59715 Representative: Groundprint, LLC, 1262 Stoneridge Drive, Bozeman MT 59718 Report By: Tom Rogers, Senior Planner APPENDIX D -PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent.A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 19464 Findings of Fact foRe Bridger View Redevelopment PUD Page 50 of 50 10.To improve the design, quality and character of new development; 11.To encourage development of vacant properties within developed areas; 12.To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13.To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14.To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options,and detailed and human-scale design; and 15.To meet the purposes established in section 38.01.040. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials include but are not limited to: Project summary Application PUD Relaxations Plat summary map Civil site plan Hardscape plan Architectural plan Hardscape plan Unit plan Common structures plans Open space plan Unit designs (5 sheets) Appendix 10.q. Parkland Design guidelines BVR Design Guidelines Individual Lots BOZEMANmT Planning May 19, 2020 Susan Riggs,AICP Groundprint, LLC 1262 Stoneridge Drive Bozeman, MT 59718 RE: Bridger View Subdivision Preliminary Plat,Application 19466 Dear Ms. Riggs: On May 18, 2020,the Bozeman City Commission met to consider your application for a preliminary planned unit development application to allow a residential development with relaxations to zoning and subdivision regulations and a request for concurrent construction. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions. The City Commission's review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 5/18/2020: https://media.avcaptureall.com/session.html?sessionid=7a45320f-b106-4e5d- a938-e3076c4c32ec&prefilter=654.3835 The following conditions of approval and code provisions are required for this application: Conditions of approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final planned unit development plan must be submitted, reviewed, and approved prior to approval of the final plat. Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT - Planning 3. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines, and associated property owners' association documents as approved: a. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow"Common House" on a lot. This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. b. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. c. .Table 38.320.030.13 Minimum lot width. The application requests allowing narrower lots.. d. Table 38.320.030.0 Lot coverage &setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. e. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. f. Section 38.360.030 Accessory buildings,uses, and equipment. The application requests expanding allowable encroachment for accessory structures. g. Section 38.360.210 Single, two, three,and four-household dwellings.The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). h. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. The 60 feet right-of-way standard would be reduced to 30 feet. i. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. j. Section 38.400.100 Street vision triangle.The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMANMT Planning k. Section 38.410.040 Blocks length and width'standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. 1. Section 38.410.040.E Blocks.The application requests an alternative block and lots numbering scheme. m. Section 38.410.060.B Easements. The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. n. Section 38.410.060.0 Public Utility Easements.The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. o. Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. p. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. q. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces,visitor spaces, and on street spaces. r. Section 38.550 Landscaping. The application requests an alternative landscape plan. Requesting deviations from the planting groups and performance point system.The City has removed those standards and replaced with the current system. However,this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts s. Section 38.570 Lighting.The application requests an alternative lighting plan. 4. No property may be removed from the covenants without written approval of the City of Bozeman. 0 1 Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Planning S. The proposed ten foot utility easement on the east side of property must include clear and unambiguous language that no structures, deep root foliage, or other hindrances to future access may be planted, placed, or erected within the ten foot easement prior to final planned unit development plan approval. If the City grants applicant's request for an easement in the adjacent City-owned property to the east for this utility easement and applicant records it,the new location of this utility easement must be shown on the final plat and final PUD plans. 6. Public access easements must be shown and accurately dimensioned for all publicly accessible open space areas prior to final planned unit development plan approval. 7. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design standards may not be altered without consent of the City. 8. Section 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting diagram and be recorded simultaneously with the Final Plat.Alternatively include "Public Common Open Space" shown on the face of the Plat. 9. A notice prepared by the City must be filed concurrently with the plat so that it will appear on title reports. It must read substantially as follows: The Bridger View Redevelopment Planned Unit Development, Gallatin County, Montana is subject to specific design standards, unique building setbacks and design, and landscaping. These standards may be found in Section III of the Bridger View Redevelopment Design Guidelines and Individual Lot Plans. Lot owners are advised that these are specific to the Bridger View Redevelopment Planned Unit . Development and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bridger View Redevelopment Planned Unit Development approval documents the general standards of the City apply. Modification of the special standards requires an amendment to the Bridger View Redevelopment Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process.Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 10. If not already filed for the subject site,the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: P.O. Box 1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. • MT BOZEMAN . Planning a) Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage c) Intersection improvements to Story Mill Road and Bridger Drive d) Street improvements,maintenance, and reconstruction to Blue Silos Way, Millwork Way, and Fourhouse Way, including paving, sidewalk, storm drainage, and any other improvements within the 30 foot right-of-way. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from the development, or a combination thereof.The applicant must provide a copy of the filed SID waiver prior to final plan approval. Code Provisions 1. BMC 38.220.300 and. 310. The Property Owners' Association documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the final plat. 2. BMC 38.SSO.OSO.I. Irrigation plans are required to be submitted with the. townhome landscape plan and the PUD open space landscape plan with the planned unit development final plan application. 3. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services, unless explicitly included in the relaxations granted with the approved plans. 4. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger View Redevelopment Property Owners'Association (POA) documents must incorporate the stormwater maintenance plan and clearly state the responsibility for stormwater maintenance for all stormwater facilities. 5. BMC 38.270.030.D for concurrent construction per Section 38.270.030.D BMC. Provide final response to PUD concurrent construction and finalize all Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Planning of the required code elements prior to the approval of the planned unit development final plan,approval of concurrent construction and prior to building permit issuance. 6. BMC 38.350.050.B zero lot lines. A legal written agreement for access and maintenance recorded at the county clerk and recorder is required for all lots with single-household detached structures. 7. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted,the final plan must comply with the approved preliminary plan.This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met; and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided; The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations,the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter.The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC,ADR staff, or other entity regarding any part of a proposed final plan. 8. BMC 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting diagram and be recorded simultaneously with Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Planning the Final Plat.Alternatively include "Public Common Open Space" shown on the face of the Plat. This City Commission decision may be appealed according to the provisions of BMC 38.250.090. An aggrieved person may present to the court of record a petition, duly verified, setting forth that such decision is illegal in whole or part and specifying the grounds of illegality. Such petition shall be presented to the court within the timeframe established by state law. If you have any questions, feel free to contact me at 582-2260 or trogers@bozeman.net. Respectfully, Tom Rogers,AICP Senior Planner C: Heather Grenier, HRDC District IX, Inc.,32 South Tracy Avenue,Bozeman, MT 59715 Eng. P.O. • TDD: 406-582-2301 THE MOST LIVABLE PLACE. Page 1 of 48 19464 City Commission Staff Report for the Bridger View Redevelopment Planned Unit Development (PUD) Preliminary Plan Date: City Commission Public Hearing, May 18, 2020, at 6:00 pm held via WebEx. Information to join the WebEx meeting will be provided the week prior to the City Commission meeting. Project Description: A Preliminary Planned Unit Development (PUD) application to allow a residential development with relaxations to subdivision and zoning regulations to numerous dimensional standards, street design, utility easements, and a request for concurrent construction.The application includes a concurrent subdivision of three phases. The site is located on 8.025 acres and is zoned R-3 (Residential Medium Density District). Project Location: South and west of the intersection of Bridger Drive and Story Mill Road. The parcels are legally described as a Tract of land formally known as the Bridger View Mobile Home Court as shown on COS 2547, located in the Southeast One Quarter of Section 31, Township One South (T01S), Range Six East (1106E), P.M.M., Gallatin County, Montana. Recommendation: Approval with conditions and code corrections Motion: "Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19464 and move to approve the Bridger View Redevelopment Planned Unit Development application subject to conditions and all applicable code provisions." Report Date: May 7, 2020 Staff Contact: Tom Rogers, AICP, Senior Planner EXECUTIVE SUMMARY Unresolved Issues 1) There are no unresolved issues on this application. Project Summary The property owner and applicant made application to develop the site formally known as the Bridger View Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The development proposes the construction of 63 residential living units (including • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 2 of 48 the common house) on 57 lots, parking structures, common open space areas, and rights- of-ways. Parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. The Bridger View mobile home park hosted 92 residential homes divided on two adjacent properties with 40 units on the subject property. The mobile home park was removed in 2006 by the now-defunct Story Mill development. The project's stated development intent is to create a "lasting and livable" neighborhood. Bridger View Redevelopment,with a net density of 7.9 houses/acre gross and 20 units/acre net due to the high proportion of open space, offers a variety of clustered attached and detached homes that range in size from 750 to 1,575 square feet with lots ranging in size from 1,700 to 3,650 square feet. Minimum density in the R-3 district is 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City's Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City's Affordable Housing Ordinance at the "lower income" bracket of 70 percent AMI or less for a total of 62 residential units. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed-Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with a unique characteristics. In order to achieve the desired outcome 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application. Requested deviations are listed in Section 2 of this report. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4.The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City.The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 3 of 48 The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria,the Development Review Committee (DRC) found the application sufficient for continued review containing detailed documentation necessary for review. The Design Review Board (DRB) reviewed the application on March 11, 2020. The Design Review Board is the design review advisory body to the City Commission on this application and is required to make a recommendation to the City Commission. The Design Review Board reviewed the Planned Unit Development application on March 11, 2020 and recommended approval of the PUD. Summary of discussion: Better understand long term management scheme and how cost will be shared by development Comment proposed housing types are permitted today, builders are not building them however. Lots of discussion about"constraints".There are some staff does not agree they are paramount. Require Affordable Housing (AH) form to be completed and packaged as described. Status of Story Mill park parking and drive. Emergency route is only between the two parking areas. The trail is hardscaped and wider in this area. Market rate homes are like any other home with a POA.The attainable units have restrictions limiting sale price. How will the 2nd-3rd generation deal with the vast price difference? Is this the right location for such a development? Long way from most goods and services. If the concept works,why do we have the standards we have for lots, easements, trash collection, emergency services, etc. Code provision an Affordable Housing (AH) form is required. Please prepare a complete form and submit 45 days prior to final plat submittal for review and possible approval. Pursuant to section 38.240.150.A.3.b, BMC,the Bridger View Redevelopment covenants must be submitted to the city attorney's office At least 30 working days prior to submission of the final plat application to the community development department. A full recording of the meeting can be reviewed at the following link. • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 4 of 48 https://media.avcal2tureall.com/session.html?sessionid=401196c6-4f8f-4abd-bd8e- f89363d1f44b&prefilter=654.3835 The City has received public comment on this application. Currently all comment is in support of the application. Public comment on this matter can be found at: http://weblink.bozeman.net/WebLink8/O/fol/210594/Rowl.aspx. Alternatives 1. Approval of the application with the recommended conditions and report findings; 2. Approval of the application with modifications to the recommended conditions and modifications to the report findings; 3. Denial of the application based on findings of non-compliance with applicable criteria contained with the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 5 of 48 TABLE OF CONTENTS EXECUTIVESUMMARY...................................................................................................... 1 UnresolvedIssues............................................................................................................... 1 ProjectSummary................................................................................................................. 1 Alternatives......................................................................................................................... 4 SECTION1 - MAP SERIES .................................................................................................... 6 SECTION 2 - REQUESTED RELAXATION/DEVIATIONS /VARIANCES.................. 19 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL.................................... 20 SECTION 4—REQUIRED CODE PROVISIONS................................................................ 23 SECTION 5 - STAFF ANALYSIS AND FINDINGS........................................................... 25 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY ............................... 44 APPENDIX B—PROJECT BACKGROUND....................................................................... 45 APPENDIX C—OWNER INFORMATION AND REVIEWING STAFF........................... 46 APPENDIX D—PLANNED UNIT DEVELOPMENT INTENT........................................... 47 ATTACHMENTS................................................................................................................... 48 • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 6 of 48 SECTION 1 - MAP SERIES L: Tt1rK r •• 11 I:..^� it _3 pig f i, t.� r A. f.~ I Legend �N Planning Projod ; C]Zoning Deslrids Parcels Roads Allays Bridger View Redevelopment Ctryarenxarrun - Aanniry IXYtUfi Subdivision Preliminary Plan n�xr• Application 19-466 MT Submitted 11/05/2019 C�302IE BAN r.Xh."ar,ar A Plonning Zoning classification • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 7 of 48 1��u .ar ry,4 .t ry$�.r�: J �• y apt C .Y{ � ,y,�M,r,y �•4.O tM,M�+^'J:"Y�f1,, v..•... D RVRIktQIff UR z� n! �A 1�. IHILLSLDF, �;��� Legend Planning Project City I-Wis Parcels Roads Alleys Community Plan future Land Use El l Residential Residential lEnviiasis Mitred Use Subwban Residential Regional Comm=131 and Services O Community Core Commutity Commercial Mixed Use Business Park Mixed Use [�Indusbial Public Institutions Parks,Open Space and Recreational Lands Other Public Lards Golf Course [2 Present Rinal 'Yne creaked trlthe cgaraxzrnsl Bridger View Redevelopment Car or Hemlirg G�ekn Subdivision Preliminary Plan Nn1nMJV�x'A19 Application 19-466 " Submitted 1.1/05/2019 BOZEMAN'"T 1�=a00100 A Plonning Future Land Use Designation 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 8 of 48 f. N. . y LEW "arm t �.�����Y�����/.If- F�'.'Cr» �t "''rw"""'"°•".as.rr_x..cw..r .7h ��. } n 1 ✓: .r Yr , BRIDCFR DII _ 1 wren, ♦ �, o v get i Legend 9 + G Plenr4V NVjzcl r " 'Hit, 1 L OF, I N City LirrOs y, J Witted Use Reslauranl%Bar <: []Consnercial Retail Sales,Services.Banks r HoldWotd 4 �] CommercielAuto AdministrativelProfessionel 2 LightMararfacturing Golf course Park or Open Space ` Fa" { O Conservdon Easement C�Church Pubbc Facility SchoollEducettonel Facility SIngR Ftousttgld Re3Mentlal `'• a Duplex�Tr�lex Res�en4tll "�� ��`� Q RtW1►MouschoWResidential y axP ❑Mobile MornaMobile Park i Right-of-Way 77 Undeveloped Vacant Parcels t Roads Alloys I he^M was cmftd� �r,•aa� Bridger View Redevelopment flpnYrg IXVMfOn Subdivision Preliminary Plan Application 19-466 " MT Submitted 11/05/2019 {3®6 Y`tlh1UV ,a+a,•Mreal A planning Current Land Use + H � t y� �a. w f• � p'4'�• � � , i�� i. �iF� r rT --. � a _n to�•�1 (�1■■�i � � '� 1 ,��� ..p � � ��• _� ' .- •. Imo•..... >r o Ilk 169 ' �: 771111 1J ID' C 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 10 of 48 L—Bridger View StaN MiY Rd 9 Brldpar Of - --•— Bozeman MT 59715 RELIMINARY PUD/ PLAT SET . O O I I 1 I C D 1 /'� I I �_ � � I I � I •I � Lwo -- -Q-- - - _ I � -- {/V/■ ��..�. -Q�gsG 2• I, I couRT, Oou,V 1 OURHOUS1 o Prot ect Team M 1IZ0UR& • 'rp 11 p K .f. O : ,y MILLWORKS WAY � vC' a:a'.��';r., P _ )< 1 1 1 1 O fff111 1 ;O• � � I F l i r conTlucra 1 1 1 -�i I m 1 w4 FIUM'!M (/�''��) 1' I I ; - --la - •, I -- -- I -- - l yu.am maaF.nl InY�E� ILL ID GREE �'�� • 1 ` HILLSIDE LANE FF v • PUD OPEN SPACE 1; 11 Areas highlighted in green are areas counted Illt toward the PUD open space requirement. Gross Area 8.025 ac SPAM PUN PUD Open Space Area 1.46 ac PUD Open Space Percentage 18.2% �tk ��� L3.0 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 11 of 48 �8 ITM plrrlo-- OOS g87 �/y3r0/01►r l+aal �T: �D YOY psTM lyocp /eM "PDi31i s0.00' •ryacz car DED 1'NO-ACCESS -�STRIP TO SAIDDU — BRIDGER DRIVE (AG Hwy 86 — — f-Wr"W DRIVE FRONTAGE ) - (11p'ROW) — — — — r ro sea Sm .13T.M•R-rI09r T _ RIDING RREGO OWX cRD ORNC•Nal"01L G OW LCBL.,70.3.• 1?4ah.rr.II.3... 1•No, S,Is PO B .r.[.., [r1I.�I IMD aw PEI r 0L1a1 li w Olin asR703 R[wb — b-°.r ry M .Y.OIC GREGO DIRK A--,r.r uw, KLO.CRIOE SHOT AVOT P&T w ory am.Ie e.w W[st [..1...,a,ls mn ) R.AV.q' IY- BMW-- _ •1.5145� 60 Itg,Q� IGTM -j�l ___-__^- ,.,,.,.......�.. w�o.l 1 '$$ z>mr LDIa g lo,>I ool/rryl crfiNin.Nafi i ? 1` z100N Y a.ror Y 1Q1') Lor se IUT3s earn aon I I 50.00' 50.001 i 1 t5 A 9 alror a.mr 101.l 2 c'1 C or.r 1 3 I.orsl I m I'-- IrpwTr.r '�0J alror 61RI rj ilWr jp�py Lol a:l Y 1018TIr 19 1 mu.l 1 li � xm XIr � - 1 1 1 I w4 I 1 1 a® o I lolm 1 100,00' 1 I 1 nm 18 I b COYYO. L � w actor 1 nj 1 -'_ __ a l Dr X 1 i�l awvr 'q 1 'S_ L 8 o.1:ulsls � i ma 13 lmu 1 1j v['°r k LOTS ! IW7.91r c Ip� a I 1 Lord 0 I rr'y- .z.' 1 Ir 1 g n 2' 1 C 1 1 OV ,r 1 ,f H l.ON 1 R x100r � 1 1 1 1 1 1 7 11` r—d 3af �y 1 I■�1c [jj t7 1 1 I Z toN 1 ..la.we 1 is Ie�GOY pT IILO✓ �0 j } I.OT r 1 p;!+ I 0 cM S,4Y i I SM IA3.a • IIm 1 I 1 t 1 1 E kill. 1(� 5.00• 1 1 \\ 6\L 4q ww.�rN R ��r = ariraf.l f v imr 6 1 F I Lo 2 In°r 1 j '? 'Mare PNkQ T 11 R xamwN i r I PHACF i [ -t °✓ C F'tLLSE 7 w Tv a.I�ryl'z.d'Y PMSF Y � Lp 1 QI ; tr \ tivoewl in rRt.wl.°vl ta.. '—— .air fi'Z _ Lor_ — 'p �9Ti-y!°J14 c'at. LI 1 _-- MILLWORKS WAY(VARIABLE WIDT-" v?� �• 3.73N \ \/ Sr.� 8 mn. ------ a� - OW 30'MW.) �11� 3 a oar F �i.F4� ! wl v T.Ir "•Ir av m rlvr __-------� it I 1 1 M 1 1? \\� �\ L' - 1 h!s{{� ,,N Ip1M• b UCYW r 1; I �� 1 i p \p •� b\IT1.T00r I.Ora - "All � \g LM (Q•� u r 1 pT p Sa�9q m rJ tt/ xmN � RQ R m N >r lrmsv3N Lzzwi IRC�$Y i O,°>Ix °,�`' 1 S' 1 UPDATED UTILITY Loan w.rrr.r r1 EASEMENTS PER a�v.I 1 xtmalr �1('•'•` :LOTiin �L. 101Iv NORTHWESTERN \ O\ t owo'Or0O'rFrly fi101. Y.1u.. a,'Qir°dI ofENERGY COMMENTS l OT4S—ii�id \\ �' yfi xuVY il�ind I.Olu LOT 9. Plm sl $d LOia Lm rl In1a O L'j. LOin 14 L Iz r� i 9A R ^ 2NON 9 M:OY a 3YOr j,10D.1 ®Volt �]t00r ga0N 31, 3 SLLl33a1 I A MD Y At 1 OoC/-arMY 1 91 xr C 1; 'Na]OLS' i 40 I 1 � CdilanTsucn L.1 31 Xo (! m ar n .yT1Aj 1 1 �r 1� .d.. c ljq gotcn +1�� I 1 u f. � R./ 30' PIVO rlI IrL.(In ww(w) 3l2�ssr s s i slaazw - vNA�:£ o-s I,- 310..oT ILo21 Mm b W.faT L°b) I1T.Kr lUDI ROW r 55.848 6! =311t CIID LCTN•na.T M..b W.(57 ]B.fiO! OtL7a •t01 ^'L-� ]p�1•^ •——g4'MIId.� 1 r__. Mom°Ibs a i^o-.., �i Lsl•)113010 F�itaO pT WLLSIDE LIWE l\IARL►fl1.E VNDTH R(YW ,'+ ------, �Y�.[ �r� MIo M Ilnad°ikn Slr 'Er 37.0Ta 0.r04 u37 r,0 r•IC .0Y f. s I LD1T 1 u1.P• '1Ia1YT -_ (y� �mu.w�oop.maezlor.�, � t T°[. 310..OT G021 R- •S.Y !, I.STR.M.I. 1 I 1 ,.,. PRO.� t T dr OLIO[ !NO /) L7rr RY rt0 RW9 1 j koft ADDED RIGHTAF•WAY %os FOB TO HILLSIDE LANE 1 1 SCALE IN Mff 1 1 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 12 of 48 Bridger View Story MA Rd&Bddgor Or ..J--_—.---___________________ Bowmen MT 59715 ___.______ _ '-'- --•-• PRELIMINARY PUD! PLAT SET r � 1 — ^•� ♦Tal T v 1 — Project Team 11 ' , q 1 I •c m�ilnil 1 1 1 1 ,p.OM.'uE,•w.r OG/IT q _ CMNT IICA/fNA13L I 110 6:i.N1 1 1 I b ♦-s .t 2 � R 1� eo���wiusa� ♦ oaw.uT wa♦oa.•a 1/ Wot Onlnpa u q !I <O\'rMG10R i __ _ �� _ I 1 1 •b�alan•n l♦ t' 11I.0 on\m ax•amvban.me bbl•o T Ya.e hMIM eTIrMalvalaN Orra•mentaG ♦ L 1� CGIGMf.W:U A•UDC. ].NN•NYyl.b•bwap•Wn EenMen vlPbliwF ♦ � }��" ♦� a 2Y.NpvMp•Paeeon•,ebb mC•O Me tlb•s '� �— - Nry]fGP•.♦tl WP mamnvin0+0•b q•e � acwr tir w,+ btp.d .1-10 •aP1 A♦ '1 — _ - quman WaAaT.wa b vCe G N•tlR].tltlb.�IM bbl Oimenem pNry�nvb•n•n n•paa•p�avy]]'. ♦ is .A ! �a•in�iiw ]AYWbraaeanLvn m9a5••w van mura ♦.Mvly b Cml Vbn•br pewmvvcomFVofon 0.�bb •MPimoblV} \ _ � nALNOr lLG[PO � Mpldl Mnp ' f ' NLL..A[WIE � � .Vw • M'Uf,1 K iYYaYC ^I �ywAM+� ConcM•90•rtle'(Yicam FHW +w.CMwas ® UWLIL�ra CCnvb 1\ 11 GVGala Ors+P»m.Prlbcl Tutwaaapurn 1; \�1 NARDSCAPE PLAN u (1&RSWPLAN / ewb• _m l_1 .0 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 13 of 48 Bridger View wW"RCWA Stoly MIN Rd 6 Bridger Dr Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET �oro9-I muss aoT os•, ` 1 1 • Project Team L_ $ eaue nw uuncarro 1 ,,3 , i 1. g mvaw� NeLI\iAMO YY.i I!. � _ ` O IFF s . ��• 1 1 1 I �w�nn 11 1 W LI) • _j„IT Lm 10 � �I CM e�glilEFllr UNIT KEY - wulloe Sym. Unit Type No.of Units 11 1 c lorosl B-i Bungalow-1 Bedroom 11 1 for osr B-2 Bungalow-2 Bedroom 15 --'� F-2 Fenn house-2 Bed mom 17 F.3 Farmhouse-3 Bedroom 9 P.1 Pamsido-1 Bodoom S AmnIaMYROW nor osa ..usocolco r: P-3 Parkside-3 Bedroom 5 Sae shoals A2.0 to A2.4 for dotalted plans of Units �,tJ • r UI i 5 � .aauumn `IJ UMi OIgN tl.OTIp - - MG SP3 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 14 of 48 Bridger View Story Mill Rd 8 BridgDr Or Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET a �mw^ • Project Team M. Nw FRONT EEBVAnVN REAREEEVAI=IFORGRI GOE EU:VAROR It - faoG MIUM G�1�Oyy:TnnR.GfR .rl.la.w.tn.F CNttlClfd Cwwix0�w 1Fr ' FttMYleyW11Ah1u11 AfAGN `lam— ® 6 .•w+-..,.�.+.. DASENEInEl FRSTFLOON IDr65 GSF.—.�.. SCM4DFEOOR 315OSF-^ ROOFPIWI-C AGRED ROOFPuI1.A"A0Nm •••-�^ UNIT DESIGN wnn ED A2.0 Farmhouse Type—2,bedroom 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 15 of 48 Bridger View Story WE Rd&BFldgm DF Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET S-0- (qs- ®: Project Team • fRGM flFYAIRIII gFAp9EY1TMri 4DF BE1•AnM Wus•�.�Vp' cO�+a�clWc ••«ic.:w..enm NcueeA i MLl� ..4 iL1�Jf c�mLi 9ASEelenQw`•'••'11 FRST FLOdi MOW %ECM IFLOCR R5GSF ROOF MAN (r�....7 UNR f)E31GN FARUNOUSE•]6MR0G►1 A2. Farmhouse Type —3 bedroom 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 16 of 48 Bridger View Story Mi9 Rd 8 Brldgm or Bozeman MT-59715 PRELIMINARY PUD/ PLAT SET i = ' - —Ei; �_ • Project Teamlal • a�Nsx ' 90F umno. FRW REVAMON - RFAREIEVAnON a��N.wp cOmunP¢ �MUvw.nfn M Civl C�C11/.Cr NmW fVMilwr O W Fg3r FlO0f1 if ( &lF1O]if lf•* VfePNIENIOR7 ROOF PLAN UNrr OSSIGN wnb B1MGPIWl.1 RIDRO0�1 A2.2 Bungalow Type— 1 bedroom 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 17 of 48 Bridger View Story MIN Rd&Brldgm Dr Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET Project Team • FRpfTftFVATIOrI SIOEEIEVATIRi _ _ _ Elfl'�71ORIwRaro 111 •"•" '••� FFlJt9EVAf1ONPm PCRD1I tw.a rrp Mom+ .aw�sr coxra.crat ,M Wv.nti�w CN•tN•J,Ce1 4Ne1,6 Cp54TMr L BtSEL6Yf FWSIFUfOR MGSF SECONOFUIOR =GSF ROOF PU UNRGEHIGN 0 9UNGnLW!•29EGROp.1 Q - A2.3 Bungalow Type—2 bedroom 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 18 of 48 Bridger View Story Min Rd d BEIAaer Or Bozeman MT 59715 - - - o�� -o-"-• •- PRELIMINARY PUD/ PLAT SET ri _ ®® - Project Team® • a R RENT EEEVAnaN - SM EI£VArM FROM EIEVAFIGN. 'EK I I I w,�mncrae I I niu...n`�vo is A rAin�'♦- � `--Ar• LQMRLEMIPIAIO T9GSF FIRST FA00R 1M GSF SECOND MOOR 'MCSF ROOF PUN r OUROING OESSGN PARIES OE . `A2.4 Parkside Type • • 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 1.9.of 48 SECTION - REQUESTED RELAXATION/DEVIATIONS/ VARIANCES 1. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow"Common House" on a lot.This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. 2. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. 3. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. 4. Table 38.320.030.0 Lot coverage &setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. S. Section 38.350.050.A permitted encroachments into setbacks.The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. 6. Section 38.360.030 Accessory buildings, uses,and equipment. The application requests expanding allowable encroachment for accessory structures. 7. Section 38.360.210 Single,two, three, and four-household dwellings.The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). 8. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. The 60 feet right-of-way standard would be reduced to 30 feet. 9. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. 10.Section 38.400.100 Street vision triangle.The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. 11.Section 38.410.040 Blocks length and width standards.The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. 12.Section 38.410.040.E Blocks. The application requests an alternative block and lots numbering scheme. 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 20 of 48 13.Section 38.410.060.B Easements. The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. 14.Section 38.410.060.0 Public Utility Easements.The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. 15.Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. 16. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. 17.Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces,visitor spaces, and on street spaces. 18.Section 38.550 Landscaping. The application requests an alternative landscape plan requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts. 19.Section 38.570 Lighting. The application requests an alternative lighting plan. The relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and finds that they are met for all 19 relaxations with the adoption of the staff analysis and findings below for justification, and conditions of approval. SECTION 3 - RECOMMENDED CONDITIONS OFAPPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final planned unit development plan must be submitted, reviewed,and approved prior to approval of the final plat. 0 0 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 21 of 48 3. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines, and associated property owners' association documents as approved: a. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow"Common House" on a lot. This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. b. Table 38.320.030.A Minimum lot area.The application requests to reduce the minimum lot size. c. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. d. Table 38.320.030.0 Lot coverage&setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. e. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. f. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding allowable encroachment for accessory structures. g. Section 38.360.210 Single, two,three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). h. Section 38.400.050 Street and road right-of-way width and construction standards.The application requests to allow an alternative road section design. The 60 feet right-of-way standard would be reduced to 30 feet. i. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. j. Section 38.400.100 Street vision triangle. The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. k. Section 38.410.040 Blocks length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. 1. Section 38.410.040.E Blocks.The application requests an alternative block and lots numbering scheme. • 0 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 22 of 48 m. Section 38.410.060.B Easements.The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. n. Section 38.410.060.0 Public Utility Easements.The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. o. Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. p. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. q. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces,visitor spaces, and on street spaces. r. Section 38.550 Landscaping. The application requests an alternative landscape plan. Requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts s. Section 38.570 Lighting. The application requests an alternative lighting plan. 4. No property may be removed from the covenants without written approval of the City of Bozeman. 5. The proposed ten foot utility easement on the east side of property must include clear and unambiguous language that no structures, deep root foliage, or other hindrances to future access may be planted, placed, or erected within the ten foot easement prior to final planned unit development plan approval. If the City grants applicant's request for an easement in the adjacent City-owned property to the east for this utility easement and applicant records it,the new location of this utility easement must be shown on the final plat and final PUD plans. 6. Public access easements must be shown and accurately dimensioned for all publicly accessible open space areas prior to final planned unit development plan approval. 7. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design standards may not be altered without consent of the City. 8. Section 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 23 of 48 diagram and be recorded simultaneously with the Final Plat.Alternatively include "Public Common Open Space" shown on the face of the Plat. 9. A notice prepared by the City must be filed concurrently with the plat so that it will appear on title reports. It must read substantially as follows: The Bridger View Redevelopment Planned Unit Development, Gallatin County, Montana is subject to specific design standards, unique building setbacks and design, and landscaping. These standards may be found in Section III of the Bridger View Redevelopment Design Guidelines and Individual Lot Plans. Lot owners are advised that these are specific to the Bridger View Redevelopment Planned Unit Development and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bridger View Redevelopment Planned Unit Development approval documents the general standards of the City apply. Modification of the special standards requires an amendment to the Bridger View Redevelopment Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process.Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 10. If not already filed for the subject site,the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a) Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage c) Intersection improvements to Story Mill Road and Bridger Drive d) Street improvements, maintenance, and reconstruction to Blue Silos Way, Millwork Way,and Fourhouse Way, including paving, sidewalk, storm drainage, and any other improvements within the 30 foot right-of-way. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property,taxable valuation of the property,traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plan approval. SECTION 4 - REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The Property Owners' Association documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the final plat. • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 24 of 48 2. BMC 38.550.050.1. Irrigation plans are required to be submitted with the townhome landscape plan and the PUD open space landscape plan with the planned unit development final plan application. 3. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services, unless explicitly included in the relaxations granted with the approved plans. 4. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger View Redevelopment Property Owners'Association (POA) documents must incorporate the stormwater maintenance plan and clearly state the responsibility for stormwater maintenance for all stormwater facilities. S. BMC 38.270.030.D for concurrent construction per Section 38.270.030.D BMC. Provide final response to PUD concurrent construction and finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. 6. BMC 38.350.050.B zero lot lines. A legal written agreement for access and maintenance recorded at the county clerk and recorder is required for all lots with single-household detached structures. 7. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval,an application for final plan approval may be submitted. For approval to be granted,the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met; and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided; The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations,the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter.The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 25 of 48 Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval,the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. 8. BMC 38.430.090.E.2.a(b) all designated Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting diagram and be recorded simultaneously with the Final Plat. Alternatively include "Public Common Open Space" shown on the face of the Plat. SECTION S - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment,and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Plan Review Criteria,Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title,the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy Yes. The recently approved Growth Policy (Application No. 19104) amendment and rezoning (Application No. 19105) created a foundation for residential development on the subject property. The future land use designation is Residential Emphasis Mixed-Use and is zoned R-3 (Medium Density Residential District).Table C-16 of the Bozeman Community Plan shows R-3 zoning as implementing districts of the Residential Emphasis Mixed-Use classification.The proposed use is residential with the exception of the common house. Four residential home types are proposed including single home detached,two attached unit, two attached with a basement walkout unit on the park side grade level, and three attached structures.A variety of smaller footprint and total square footage is proposed. The project is in conformance to and consistent with the City's adopted growth policy, the Bozeman Community Plan, including the following goals and objectives: • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 26 of 48 Goal C-2: Community Circulation— Create a circulation system both vehicular and pedestrian that is fully connected, integrated, and designed for ease of use. The layout and design of the circulation system is designed for residents and internal use. There are few accesses into the site due to adjacent parks and highways. Reducing road width and combining users will create a more intimate space and reduce vehicular speeds and decrease "cut through traffic." It does not promote the City's overall goal of providing a complete network of grid streets for all users. "Woonerf cross sections are more subject to blockage than standard configuration streets.Applicants have limited the number of homes accessing each of the "woonerfs" to help mitigate this condition. Blue Silos Way and the pedestrian connection entering a parking lot serving as the primary corridor through the site may not encourage non-residents to feel welcome or encourage utilization of the network.There are existing constraints with the site that limit a full street grid including Story Mill Park to the west and the open space trail corridor adjacent to Story Mill Road. Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both the pedestrians and vehicles, including human powered vehicles. Similar to the discussion for Goal C-2 above,the street grid and pedestrian circulation system designed does not accommodate shared transportation systems including vehicular travel lanes, pedestrian areas,bike lanes, and other alternatives. The developer is providing a connection to the western edge of their property for future connections to the west and south as the area develops. This connection, however,will serve future development and Story Mill Park and will bypass Bridger View Redevelopment.Applicants have provided primarily non-motorized access to portions of the project. Pedestrian connection is more extensive than for motor vehicles. Objective C-2.5: Explore and encourage innovative parking solutions for both residential and commercial projects including parking best practices,expanded parking districts, cash in lieu of parking,and design guidelines for structured parking. Bridger View Redevelopment is proposing an innovative parking scheme for the development. Shared parking areas mixed throughout the site will provide the majority of required parking.Additional parking is provided on site for a number of the residential units. Finally, the application proposes using on-street parking to meet minimum parking requirements. Pursuant to section 38.540.050.A.1.a(1), BMC, "One parking space for each 24 uninterrupted linear feet of available street frontage usable • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 27 of 48 for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. Hillside Lane parking is not adjacent to any individual properties. Goal LU-1: Create a sense of place that varies throughout the City,efficiently provides public and private basic services and facilities in close proximity to where people live and work,and minimizes sprawl. The Bridger View Redevelopment intends to create a unique neighborhood for future residents to revitalize the previous Bridger View mobile home park. Each residential unit type has been predesigned as shown above in Section 1 and will be smaller in size than typical in new subdivisions. This is an unusual approach for a subdivision and will aid in creating a different character from most parts of the City.The site is served by City services including water, sewer,transportation infrastructure, park adjacency, and to the greater trail network such as the Path to the M. The development has a distinct sense of place,this project contributes to an existing and expanding mixed use area and allows people to live in close proximity to work, public and private basic services and minimizes sprawl. Objective LU-1.4 Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. This project revitalizes a previous residential area with amenities and focused on smaller homes. The context includes a variety of land uses including larger lot detached residential, townhomes, industrial, commercial, park and open space,and the former Story Mill site. The overall gross density of the project is within the range required and allowed in the R-3 district. Objective LU-2.3: Encourage redevelopment and intensification,especially with mixed uses,of brownfields and underutilized property within the City consistent with the City's adopted standards. This project revitalizes an underutilized property adjacent to a significant public recreational amenity, the Story Mill Community Park. Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods. Each neighborhood should have a clear focal point, such as a park, school,other open space or community facility,and shall be designed to promote pedestrian convenience. To this end,the City shall encourage the use of historic Bozeman neighborhoods, including a significantly interconnected street system,as models for the planning and design of new residential neighborhoods. • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 28 of 48 Bridger View Redevelopment primary purpose is to create a unique neighborhood with a community land trust and provide housing ownership types not typically constructed to offer a variety of housing price points. The proposed design has an unusually high degree of interdependence with shared open spaces, an unusual circulation system, and limited building sizes and designs. These features will create an unusual character that will help define this neighborhood. The development is within the City service area and is adjacent to existing roads. Transportation infrastructure improvements will improve connectivity to the greater community. Adjacency to the Story Mill Park provides the focal point to meet this objective. Extension of Hillside Lane will provide additional pedestrian access to the park from the east. Objective E-4.2: Promulgate efficient land use practices. This project promulgates efficient land use practices and provides a moderate net residential density,while adding to public open space and trail network that can be used by the entire community. Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density,cost,and location with an emphasis on maintaining neighborhood character and stability. This project provides additional quality housing at a medium density in an area that only includes a small residential low density subdivision, light industrial, and commercial uses.A mix of housing types is provided in the Bridger Creek and Legends subdivisions further north on Story Mill Road.This project will add to the neighborhood character and the stability of this area. The applicants have prepared an unusually high degree of building design and site integration compared with other recent subdivisions in the City.A diversity of housing types is provided. Given the small size of the development no large areas of single type housing is created. The proposed community land trust is an unusual feature of this development. It provides a rarely available tool to provide oversight on the project and encourage maintenance of housing quality for homes once constructed. Residential uses provide an insular design to focus on the character of the development. For more information on the growth policy designation please see Appendix A. 2. Conformance to this chapter,including the cessation of any current violations Yes. The project, if approved,will conform to the Bozeman Municipal Code other than the requested relaxations. There are no known documented violations of the BMC for this property. • . 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 29 of 48 3. Conformance with all other applicable laws, ordinances,and regulations Yes. The proposed uses of the site are consistent with the allowed uses of the R-3 district. No specific conflicts have been identified. Additional steps will be required including but not limited to final payment for cash in lieu of water rights, finalization of the preliminary and final plat, dedication of the streets and parkland, dedication of the utility easements, construction of infrastructure, PUD final plan documents and approval and building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. Condition of approval 1 requires full compliance with all applicable code requirements. The development is owned and managed by the HRDC with prescribed design standards, operational contingencies, and development strategy and schedule. Nineteen subdivision and zoning standards are modified as described in Section 2 to achieve the desired outcome.A PUD allows an applicant to propose alternate standards for a development. This flexibility must be, and has been with this application, coupled with tools to address issues that may arise from not following the normal standards of the municipal code. Examples from this case include unusual street sections and common open spaces coupled with a community land trust and unique maintenance obligations and funding. If both the PUD relaxations and the conditions of approval are approved, the development meets standards through the alternate compliance method allowed for a PUD. See further discussion on PUDs below. 4. Conformance with special review criteria for applicable permit type as specified in article 2 Yes. The CUP and PUD criteria are reviewed below. The project meets the requirements and criteria as presented with conditions of approval and applicable code provisions. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements,applicable supplemental use criteria,and wireless facilities and/or affordable housing provisions if applicable Yes. The residential use is permitted in the R-3 district. Unlike many communities,the City of Bozeman does not regulate minimum home size (the International Building Code does have minimum habitable space standards which are met) deferring to individual preferences within an open housing market to establish house size. The City encourages well designed smaller homes in all residential districts. See the intent statement for the R-3 zoning district in Appendix B. The purpose of the development is to provide a mix of housing types and price points including lower priced homes by restricting the size of homes, predesigning the homes to create efficiencies of scale in architectural services, and creating a land trust to insure • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 30 of 48 the homes within the land trust are sold at desired prices. The project triggers compliance with the City's affordable housing ordinance. Five units, the minimum,will be sold at the "Lower Priced" alternative with the remainder to be paid as cash-in-lieu. Please refer to the affordable housing plan for more information. As noted in the deviations request list above lot size, road width and construction standards, setbacks, permitted encroachments, parking configuration, and other adopted standards are altered with this plan. Lot coverage and building heights comply with standards. Table 38.320.030.A details lot area for residential districts. The table shows standard City lots vary from 4,000 square feet for single-household lots to 2,500 for affordable townhomes and rowhouses. Bridger View Redevelopment proposes reducing lot size to a range between 3,650 to 1,700 square feet. Analysis shows City standard lots would allow similar number of units on the property without relaxations to lot size assuming no parkland dedication. This project is meeting park requirements by improvements to the adjacent Story Mill Park as is allowed for all subdivisions. Rather than have private front and rear yards the area cleaved off is aggregated into public open spaces dispersed throughout the site. This provides an unusual configuration of shared spaces rather than individual yards controlled by individual lot owners. Use of the shared spaces will be controlled by the property owners association.Applying a public access easement bumps the value of the PUD performance points from providing open spaces by 25%. The application must provide a minimum of 20 points and is providing 22.5 points of the total 30.5 points achieved with this application. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Yes. Planned Unit Development procedures allow for creative alternatives to City standards.An extension of Hillside Lane is required to be constructed with this project and will be constructed to a City standard and within standard right-of-way width. Internal rights-of-way width and street cross sections are modified with additional pedestrian pathways to supplant standard road width and sidewalks for circulation. Alternative sidewalk widths will be utilized. Similarly, easements and lot sizes are modified to create the desired sense of place. See discussion above on the proposed character of this development. Internal roadways and pathways will be dedicated to the public or provide public access through easements.All roads, open spaces, landscaping, and infrastructure, except for water and sewer service, is maintained by the Property Owner Association 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 31 of 48 (POA).As such higher than normal POA fees are required to financially support this construct.A funding mechanism is proposed with the development that is described in the POA documents. The obligations for maintenance elevate the importance of a functional and well managed POA. Conditions of approval regarding the POA are proposed in the associated subdivision application approval will facilitate the POA in meeting its obligations. The applicant has requested a waiver from level of service (LOS) for intersections for Bridger Drive and Story Mill Road.The Director of Public Works has the authority to determine whether or not to grant this waiver based on specific circumstances. The applicant proposes providing cash-in-lieu of parkland dedication to meet the state required parkland dedication. The proximity of Story Mill Community Park and adjacent pathways are conducive to this alternative. The Bozeman Parks and Recreation Department and the Recreation and Parks Advisory Board (RPAB) Subdivision Review Committee are supportive of the proposed park improvements plan. Parkland dedication in the R-3 zone is capped at 12 dwelling units per NET acre. The creation of shared open spaces and smaller individual lots changes the calculation for net density. In summary, a total of 1.103 acres or equivalent is required to satisfy required mitigation of park impacts. The equivalent cash or improvements in-lieu are valued at$76,875.The applicant is providing an improvements in lieu plan valued at $98,052.98.The application is therefore voluntarily exceeding required mitigation by approximately 27%. Parking is being met by on and off-site parking facilities and connected with the pedestrian connections. Minimum parking requirements are met. However,the location is atypical and requires a deviation to allow individual parking structures to be located on separate tracts of land and is included at"relaxation No. 1". Access standards require lot frontage adjacent to a public street for each residential unit to meet the state requirement for legal and physical access to all lots in a subdivision. Not all lots meet this standard; therefore, a deviation is required to provide an alternate means of legal and physical access.Access is provided by a series of pedestrian walkways and modified "woonerf streets sections. The proposed subdivision exceeds block length and width standards.An alternative design standard is to separate blocks with pedestrian pathways with a minimum 25 foot public access easement.The applicant proposes reducing the easement width and the associated building setbacks through the PUD. Public utilities are subject to modification as well. City standard easement width for sewer lines is 30 feet.This size provides separation from adjacent buildings and enables • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 32 of 48 access for maintenance equipment. The applicant is proposing a 25 foot wide easement on the north side of the property. 7. Conformance with the project design provisions of article 5, including compatibility with,and sensitivity to,the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; The development is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to, building mass and height, landscaping, orientation of parking and building placement on the site. See discussion in various criteria above. Individual residential and attached dwellings with up to four units per building are not subject to the design guidelines in Article 5. However,building materials, building quality, architectural integration, neighborhood identity, and orientation of parking and service areas do apply. The landscaping plan meets standards with deviations. The design of the site plan is in harmony with the existing natural topography and water bodies and existing vegetation. Grade is integrated into the siting of the homes and drainage. Deviations are required in order to meet requirements of BMC 38.360.240, the special standards for townhouse and rowhouse dwellings. Each unit meets access standards, usable open space, and building design. Building mounted lighting is proposed for the townhomes and meets code standards. No signage is proposed at this time. 8. Conformance with environmental and open space objectives set forth in articles 4-6,including the enhancement of the natural environment, watercourse and wetland protections and associated wildlife habitats; and if the development is adjacent to an existing or approved public park or public open space area,have provisions been made in the plan to avoid interfering with public access to and use of that area Yes. There are no known wetlands,watercourses,or critical wildlife habitat on the subject property. An existing multi-use pathway is on the adjacent property to the east. The "M" trail is integrated into the common open space lot No. 5 sandwiched between the individual houses and Bridger Drive on the north side of the property. The applicant proposes using Low Impact Design (LID) to improve stormwater retention and detention and gain performance points towards the PUD. The stormwater 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 33 of 48 system exceeds code standards. The development is adjacent to a public park and provisions have been made in this development to allow public access to the development's open space areas and circulation system. Extension of Hillside Lane will provide an additional point of access to Story Mill Park. 9. Conformance with the natural resource protection provisions of article 4 and article 6 Not applicable. 10. Other related matters, including relevant comment from affected parties Public comment has been received. The formal public comment period will commence prior to the City Commission hearing which is tentatively scheduled for May 18, 2020. All comments can be reviewed at the following link: http:./.Iweblink.bozeman.net/WebLink8/0/fol/210594/Rowl.asl2x. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title,whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b.The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming The City has reviewed this criteria and finds that the associated subdivision provides for the common spaces, circulation systems, and other features needed to satisfy this criterion. 12. Phasing of development Site plan phasing provisions do not apply to this application. The subdivision proposes three phases to complete the development. Each phase must support all necessary infrastructure, parkland, opens pace, circulation,and other associated components to be approved.As proposed the phasing scheme meets standards.A subdivision application is being reviewed-concurrent with the PUD. • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 34 of 48 Conditional Use Permit Review Criteria,Section 38.230.110, BMC. E. In addition to the review criteria of section 38.230.100,the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use,and all yards, spaces,walls and fences,parking,loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The site is adequate. The proposed buildings and parks and open space enhance the neighborhood. The open space and internal vehicular and pedestrian circulation system is highly orchestrated to meet the needs of future residents. Lot area and parcel size and density analysis indicates the base City standards would achieve the same gross and NET residential density as the applicant proposes with the alternative design. The area gained by reducing size lots size and setbacks are transferred to the open space and use to meet performance point for the PUD. However, the typical lot would keep the open space private while the Bridger View Redevelopment's open space will have public access easement to allow free movement of residents and the general public.The 62 residential lots consume 132,466 square feet. Standard City lots with the same number of affordable lots and townhouse types require 202,500 square feet for a difference of 70,034. The common lots and common open space lots consume an additional 36,510 and 108,475 square feet respectfully. Required parkland equals 48,050 square feet. Staff is unclear how accessible the open space will feel to those who do not reside within the development. Narrower corridor traversing parking areas, entrances to private homes, service areas that do not connect to a destination may not create a fully connected system. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof, No adverse impacts to abutting properties have been identified. Residential use is a permitted use in the R-3 zone. Proposed densities are well below what is permitted by right within the district and below what was previously established. 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 35 of 48 Infrastructure improvements will enhance the safety for cyclists, and the new sidewalks will encourage non-motorized access to the site which promotes public health and safety. General welfare will be promoted through smaller homes and new residential townhomes which will provide a variety of housing options for area residents. Park adjacency may promote general welfare by providing an expansion of recreational opportunities for residents. The residential development serviced by the existing municipal sanitary sewer and water systems promotes public health by protecting groundwater from degradation. Stormwater will be managed in LID retention facilities to filter out sediment and treat runoff. 3.That any additional conditions stated in the approval are deemed necessary to protect the public health,safety and general welfare. Such conditions may include,but are not limited to: a. Regulation of use; b. Special yards,spaces and buffers; c. Special fences, solid fences and walls; d.Surfacing of parking areas; e. Requiring street,service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; L Regulation of noise,vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; 1. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The plans include design standards to ensure the desired outcome in character, provisions for maintenance and replacement of infrastructure, maintenance of landscaping, purchase and sale within the community land trust structure, and • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 36 of 48 requirements of DRC review and the proposed covenants and design guidelines associated with the project will address these areas. F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1.That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the conditions shall constitute restrictions running with the land use,shall apply and be adhered to by the owner of the land,successors or assigns, shall be binding upon the owner of the land,his successors or assigns,shall be consented to in writing,and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process and will be required prior to approval of the final plat. Planned Unit Development Review Criteria,Section 38.430.090.E, BMC. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with a unique character. In order to achieve the desired outcome 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application. Requested deviations are listed in Section 2 of this report. The application is seeking waivers from a wide variety of developments standards to create a unique neighborhood.The uniqueness includes restrictions on the manner in which individual owners will be able to use the lots, an unusually high degree of overall architectural design and open space coordination in the development, and unusual street configurations with associated maintenance obligations. The review criteria are intended to ascertain whether or not the stated outcome is achieved. In addition, functional and • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 37 of 48 financial realities exist. In this case the applicant suggests that the following items offset the 19 PUD alterations and enable to the future development to work during the development cycle and over the long term: a. Development of the site from conception to construction, occupancy, and long term management is from a single entity rather than separation of the subdivider and builder,the building of homes by one builder rather than multiple parties as is common in other subdivisions, and eventual removal of the subdivider from any future operation of the subdivision. b. All structures including residential units, common house, and common structures are pre-designed so the fit and functionality of proposed home to proposed lot can be studied and identified at the PUD review stage. c. The management and financial structure (POA, Community Land Trust, HRDC) brings a much higher degree of control and management of common spaces and infrastructure than a typical volunteer POA. The long term nature of the management structure appears to be sufficiently robust to assume the complex task of maintenance and long term replacement of infrastructure and the required assessment tool to insure adequate funding for the operations and maintenance liability. d. Substantial and complex annual operations typically not achievable for standard property owners association are more likely to be satisfied in the land trust model. e. To allow concurrent construction approval and the ability to manage the construction site no structures will be occupied until all homes within the phase are completed. Although a developer certainly could assume the additional costs,time to develop, and assume long term management of the site, most historic and current development does not follow such an unusual development process.Volunteer POAs in Bozeman have a mixed and inconsistent track record of success in delivering reliable required maintenance of parks, open spaces, and other facilities.The issue became of sufficient concern that in May 2020, City voters approved a Park district to take over maintenance of all public parks from POAs. Further, staff was provided no information or evidence to support the applicant's statement that land trust models are more likely to satisfy substantial and complex annual operations of a subdivision. This project has benefited from substantial philanthropic support to encourage provision of long term housing at controlled price points and limited appreciation through the associated land trust model and other efforts. The application presents the applicant's response to these criteria. • 0 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 38 of 48 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a.All development.All land uses within a proposed planned unit development shall be reviewed against,and comply with,the applicable objectives and criteria of the mandatory"all development"group. (1)Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies,fire protection, electricity,flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? Yes, except as specifically requested through the relaxations listed in Section 2 and the deviations from the design standards as described in the design reports. (2) Does the project preserve or replace existing natural vegetation? Yes, the project intends to maintain existing trees along Bridger Drive and south of the new extension of Hillside Lane. Other site vegetation will likely need to be removed to ensure adequate site grading and drainage but will be replaced with additional landscaping in accordance with the Landscape Plans in the Drawing Set, Sheets L2.0 - L2.5. The site has been heavily disturbed by previous development. There is no known species of concern that limits ability to modify the site. (3)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, the concept of compact development is a response to smaller households, increasing construction and operation costs, and the appreciation of natural open space. By thoughtfully designing smaller houses,yards and streets, neighborhoods are made safer, more livable, easier to maintain and less costly to the city's infrastructure budget. Good connectivity,walkability, and affordability are all made possible. Compact development is a guiding principle for Bridger View.With 20 units per net acre, its density creates a good fit with its transitional surroundings—a contemporary concept rooted in best practices from the past. Hillside Lane is built to the city's standard for public streets and is likely to carry considerable traffic as a key access to Story Mill Park. The other streets are intentionally different in scale and configuration from older neighborhood streets. They are publicly accessible but will be privately maintained.The small streets (woonerfs) are designed for very low volumes of travel, to limit the speed of cars, and deliberately mix street users with the intent of making them safer and friendlier places. Please refer to the Design Guidelines in Appendix 10.a for more detailed descriptions of buildings (Page 36), circulation (Page 16), open space (Page 19) and landscaping (Page 26). • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 39 of 48 (4) 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, this project is seeking LEED-ND certification which will ensure that the elements of the site plan will contribute to the overall reduction of energy use by this project as compared to a typical subdivision. (5)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, all lots accommodate modest front yards and front porches. Lots that face a public edge of the site—the trail along Bridger Drive,the trail along Story Mill Road, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts,alleys or pedestrian walks. Typically,the houses are "zero lot-line houses" located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner,whose house has windows facing it. The wall of the house next door,which sits at the property line, has no windows, so affords privacy to its neighbor. This approach also affects the internal design of each home as sleeping areas must have egress to meet building code requirements. Each home has access to a private outdoor area in addition to the shared open spaces. Fencing is allowed as specified in the Design Regulations. Pursuant to Section 38.350.050.B a legal written agreement recorded at the county clerk and recorder is required, see code provision No. 6. (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Yes, the Trust for Public Land and the HRDC have been working with the Parks Department and the Recreation and Parks Advisory Board to use the "improvements in lieu of parkland" program authorized in 38.420.030.A to develop the parking lot in the southeast portion of the Story Mill Community Park. This parking lot provides important access to a fishing area, dog park and pathways connecting the park to the Story Mill Spur Trail. The value of this improvement is $98,052.98 which exceeds the park equivalent amount of$76,875.20. The Trust for Public Land and HRDC requested • 0 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 40 of 48 review before the Recreation and Parks Advisory Board Subdivision Subcommittee as part of the Pre-Application to be able to start the construction and credit the amount of the proposed improvement to the Bridger View Redevelopment project. On May 7, 2019, the RPAB met to discuss the proposal and unanimously supported the concepts presented. Final paperwork will be provided with the Final Plat as required. Please see the parkland certificate with calculations and amounts which is provided on the preliminary plat as required. Use of the improvement-in-lieu option for development adjacent to existing parks is consistent with Commission Resolution 4784. Resolution 4784 establishes the criteria for considering cash or improvements in lieu of parkland dedication. In terms of on-site open space per dwelling unit,this project proposes to use the townhouse open space standard for all units whether they are attached, detached or vertical duplex condominiums. In addition to private yards and shared open spaces, all units include a porch with an area that is at least 10 percent of the living area. Most porch minimum dimensions are 9' x 16' (144 SF). Note that the smaller Bungalow units actually have a larger 9' x 18' porch. Please refer to Sheets A2.0 -A2.4 of the application. Staff comment, please see No. 8 below. (7) Performance.All PUDs shall earn at least 20 performance points. Yes, Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Bridger View Redevelopment incorporates PUD point categories wherever possible and exceeds the requirement of 20 performance points. In some cases,the neighborhood is not eligible for points even though it incorporates significant elements of the category. Details of the point calculations are included in Section 5. The applicant provided a summary of the performance points for the development.This chart and the supporting statement can be found in PUD Relaxations appendix attached to this report.A minimum of 20 points are required. Staff comments are listed below the chart. 0 • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 41 of 48 # Category Points Notes a Affordable Housing NA 26"Missing Middle"homes with permanence of affordability not eligible for PUD points. b Additional Open Space 22.5 18 percent publicly accessible open space x 1.25 points=22.5. c Adaptive Reuse of NA There are no existing buildings on site. Historic Buildings d Underutilized Site 1 Infill site is currently vacant.40 trailers were removed in 2006 and 62 units are proposed= 1 point. e LEED-ND 0 The project is designed to meet LEED v4 ND [Built Project]as evidenced by the attached scorecard and letter from our sustainability consultant. No points are being requested at this time because the actual certification would not occur until after 100%of the units are complete and within 3 years of completion. f Low Impact 6 See drawing set and Design Guidelines for specifics related to Development Plan stormwater and vegetation. g Sustainable Design& 0 While the project is committed to high performance sustainable Construction buildings,specific certifications to be pursued are not yet finalized. h Wayfinding NA Wayfiinding is incorporated but site is less than 30 acres making it ineligible for PUD points. i Transfer Station 0 Common recycling stations are incorporated; not eligible for points because not a transfer station. j Bus Stop 0 Appropriate bus stop location to be determined as a result of ongoing Streamline route study. k Streetscape 6 Hillside Lane+ Hillside Green+ Hillside Grove. See Landscape Improvements Plans. TOTAL = 35.5 Performance Points Staff supports the point assessment for e, d, and f. Streetscape improvements, (k) is not met with this application. Streetscape improvements are limited to improvements within a right-of-way and must be improvements above and beyond minimum requirements for boulevard improvements which include sidewalks, curb and gutter, street trees, landscaping, street lights, drainage, and other standards. 1. Hillside Grove and Hillside Green are improvements to private open space and do not count towards street improvements. 2. Based on the landscape plan, improvements to Hillside Lane are excess boulevard street trees. City standard requires seven (7) trees on the north side and eight (8) on the south side. Twelve are shown on the north and 13 are shown on the south side of the street for ten additional trees. No other improvements are shown.Additional • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 42 of 48 street trees consume more water and take additional forestry support to maintain healthy trees. Staff concludes the additional trees equal one (1) PUD point. Therefore, 30.5 points are achieved with this application. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad"to adjoining development? Staff response, no comment from applicant. The design creates an isolated inward looking development. Bounded by the Story Mill Park on the west, a park/open space parcel on the east adjacent to Story Mill Road, Bridger Drive to the north and an extension of Hillside Lane on the south. The internal circulation supports intra-site connectivity. The proposed open space does not appear to be integrated into the greater community and does not promote interaction with adjacent properties.Although the open space areas will have public access easements the intimacy of the site may not be supportive of other community members to pass through the site as with other neighborhoods. Applicant should, prior to final PUD plan submittal, consider additional methods to integrate this project to the adjacent pedestrian networks. b. Residential. Planned unit developments in residential areas (R-S, R-1, R- 2, R-3, R-4, R-5, RMH and R-0 zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods,with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (division 38.310 of this chapter),within the parameters set forth below.All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units must be determined by the provision of and proximity to public services and subject to the following limitations and considerations: (1) On a net 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 city growth policy? Yes, the gross density is approximately 8 units per acre and the net density is approximately 20 units per acre. These numbers are in line with medium density development as described in the growth policy. • 0 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 43 of 48 (2) Does the project provide for private outdoor areas (e.g., private setbacks, 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, all lots accommodate modest front yards with front porches and back yards. Lots that face a public edge of the site—the trail along Bridger Drive, the Spur Trail, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys, or pedestrian walks. Typically, the houses are "zero lot-line houses" located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner, whose house has windows facing it. The wall of the house next door, which sits at the property line, has no windows, so affords privacy to its neighbor. Fencing is allowed as specified in the Design Regulations (Page 33). (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, the courtyards, green spaces, paths and trails all provide areas for active or passive recreational activities. Its adjacency to the new 60-acre Story Mill Community Park means that residents can walk to and into the park in less than five minutes. (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? Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District. (5) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient public services and facilities? Yes, Bridger View has been designed with an understanding of its role in the larger natural ecosystem and watershed. The neighborhood is built to take advantage of the natural topography, the tall evergreens along Bridger Drive, and other natural features. Using principles of low impact development, stormwater and snow are managed on-site. Courtyards and other green spaces serve as sites for stormwater detention and snow storage. The circulation system has been designed to provide efficient access without excessive paving. The reduced paving increases permeability and minimizes heat islands. In addition to waste management during construction, • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 44 of 48 easily accessible waste collection stations encourage residents to recycle and compost. (6) Residential density bonus. If the project is proposing a residential density bonus(30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus is determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380, must be excluded in the base density upon which the density bonus is calculated. Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District. (7) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes,the neighborhood was designed to capture the essence of pre-1940s traditional neighborhoods, such as the Northeast neighborhood in Bozeman. Characteristics include a comfortable neighborhood scale, modest size, simple construction, shared community spaces, eclectic designs, and features that encourage neighborliness. The proposed density as organized within the project acts as a transition between the more urban core,the industrial areas and the nearby larger lot subdivisions such as The Headlands and Hillside Lane. APPENDIX A —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses:The property is zoned R-3 (Residential Medium Density District). The intent of the R-3 residential office district is "to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of 0 • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 45 of 48 households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. Adopted Growth Policy Designation:The property is designated as "Residential Emphasis Mixed Use."The Residential Mixed-Use category"promotes neighborhoods with supporting services that are substantially dominated by housing.A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses...The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected.Any development within this category should have a well-integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development." APPENDIX B - PROJECT BACKGROUND The property owner and applicant made application to develop the site formally known as the Bridger Park Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The Bridger View mobile home park hosted 92 residential homes divided on two adjacent properties with 40 on the subject property. The mobile home park was removed in 2006 by the defunct Story Mill development.The development proposes the construction of 62 residential living units on 57 lots with one common house, parking structures, common open space areas,and rights-of-ways. Parkland requirement is proposed to be met through the improvements-in-lieu of parkland dedication alternative. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed -Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The project's development intent is to create a"lasting and livable" neighborhood. The NET residential density is 7.9 dwelling units per acre.Zoning requires a minimum net density of 5 dwelling units per acre. i • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 46 of 48 Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City's Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City's Affordable Housing Ordinance at the "lower income" bracket of 70 percent AMI or less for a total of 62 residential units. The development team states, "Bridger View is envisioned as a diverse neighborhood where households at various income levels, stages of life, sizes and backgrounds can afford to purchase a home in Bozeman. The new neighborhood features 62 modest,well-designed houses compatible in scale with Bozeman's older neighborhoods. The design provides adequate parking while emphasizing pedestrian pathways and connectivity including adjacency to the new Story Mill Community Park and regional trails. Characteristics include a comfortable neighborhood scale,walkable streetscape, modest size, simple construction and shared community spaces. Porches, front yards, sidewalks, shared courtyards and tree-lined streets offer a welcoming setting. The Human Resource Development Council (HRDC) plans to develop the neighborhood in its entirety ensuring a level of quality design and overall coordination. Exceeding the standards of Bozeman's Inclusionary Zoning Ordinance, 50 percent of the houses will be perpetually affordable to households of moderate income.A new community land trust (CLT) will be established, drawing on the expertise and capacity of HRDC,to permanently preserve the condition and availability of affordably priced homes at Bridger View. Market rate and CLT homes will be interspersed throughout the site, indistinguishable in quality and design. This project will create an innovative neighborhood that provides an inventory of homes that are permanently affordable.As a community based-model, it integrates private development, non-profit and philanthropic investments along with cost- sharing for offsite infrastructure upgrades by the City of Bozeman through the Capital Improvements Plan." APPENDIX C- OWNER INFORMATION AND REVIEWING STAFF Owner: HRDC, 32 South Tracy Ave, Bozeman MT 59715 Applicant: HRDC, 32 South Tracy Ave, Bozeman MT 59715 Representative: Groundprint, LLC, 1262 Stoneridge Drive, Bozeman MT 59718 Report By: Tom Rogers, Senior Planner • • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 47 of 48 APPENDIX D —PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent.A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation,thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10.To improve the design, quality and character of new development; 11.To encourage development of vacant properties within developed areas; 12.To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13.To promote logical development patterns of residential, commercial, office and industrial,uses that will mutually benefit the developer,the neighborhood and the community as a whole; 14.To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15.To meet the purposes established in section 38.01.040. • I • 19464 City Commission Staff Report for the Bridger View Redevelopment PUD Page 48 of 48 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials include but are not limited to: Project summary Application PUD Relaxations Plat summary map Civil site plan Hardscape plan Architectural plan Hardscape plan Unit plan Common structures plans Open space plan Unit designs (5 sheets) Appendix 10.q. Parkland Design guidelines BVR Design Guidelines Individual Lots Design Review Board Wednesday, March 11th, 2020 at 5:30 pm City Hall, Commission Room 1 121 N. Rouse Ave., 59715 A. Call meeting to order and Roll Call B. Changes to the Agenda '{v,f rC,—u:%c� C. Minutes (none) D. Disclosures E. Public Comment Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. F. Action Items: 1. 19464 Bridger View Redevelopment Preliminary Planned Unit Development(Rogers) A Preliminary Planned Unit Development(PUD)application to allow a residential development with relaxations to subdivision and zoning regulations to numerous dimensional standards,street design, utility easements,and a request for concurrent construction. The application includes a concurrent subdivision of three phases on 8.025 acres. 0 19464 Staff Report • 19464 Application & Design Guidelines 0 19464 Architectural Plans • 19464 Civil & Landscape Plans • 19464 Site Plan G. FYI/Discussion H. Adjournment For more information please contact Brian Krueger at bkrueger@bozeman.net This board generally meets the second and fourth Wednesday of the month at 5:30pm Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232(TDD 582-2301). L - Design Review Board (DRB) The Design Review Board participates in the review of some, usually larger, development proposals in Bozeman. Their primary purpose is urban design and their area of authority is limited by topic and physical location. They are solely advisory to the City Commission and have no final approval authority. The Design Review Board was created under Article 33 of the Bozeman Municipal Code. Membership: The Design Review Board is comprised of eight members, six professional and two non- professional. Members are appointed by the City Commission for staggered two year terms. Professional members should be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. At least one professional member shall have a demonstrated expertise in urban design. The non-professional members shall have an interest in, or knowledge of, architecture, urban design, or historic preservation. No member shall serve as a member of the City Planning Board or the Zoning Commission concurrently. They shall include: Vacant,Apply Here June 30, 2021 Architect j i i Lotus Grenier June 30, 2021 Architect IAugust 19, 2019 �l ,teco� Troy Scherer June 30, 2020 Non-Professional August 20, 2018 i Peter Constanti June 30, 2020 Non-Professional December 5, 2016 f Christopher Keil June 30, 2020 Landscape Architect August 20, 2018 M. Ethan Barlow June 30, 2021 Architect October 23,2017 I i Brady Ernst June 30, 2020 Architect September 26, 2016 `30-pr Mark Hufstetler June 30, 2021 Architectural Historian July 24, 2017 Commission Liaison: Mayor Cyndy Andrus Staff Liaison: Brian Krueger This board typically meets on the second and fourth Wednesday of each month. Please check the events calendar for confirmed dates, times and location. 19464 DRB StaffReport fte Bridger View Redevelopment PUD• Page 1 of 40 19464 Design Review Board Staff Report for the Bridger View Redevelopment.Planned Unit Development (PUD) Plan Date: Design Review Board, March 11, 2020, at 5:30 pm. Project Description: A Preliminary Planned Unit Development (PUD) application to allow a residential development with relaxations to subdivision and zoning regulations to numerous dimensional standards,street design, utility easements,and a request for concurrent construction. The application includes a concurrent subdivision of three phases. The site is located on 8.025 acres and is zoned R-3 (Residential Medium Density District). Project Location: South and west of the intersection of Bridger Drive and Story Mill Road. The parcels are legally described as a Tract of land formally known as the Bridger View Mobil Home Court as shown on COS 2547, located in the Southeast One Quarter of Section 31, Township One South (T01S), Range Six East (1106E), P.M.M., Gallatin County, Montana. Recommendation: Undetermined at this time Motion: "Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19464 and move to recommend approval of the Bridger View Redevelopment Planned Unit Development application subject to conditions and all applicable code provisions." Report Date: February 27, 2020 Staff Contact: Tom Rogers, AICP, Senior-Planner EXECUTIVE SUMMARY Unresolved Issues 1) The Community Development Department specifically request that the Design Review Board consider whether or not the proposed development has,with the requested deviations and desired result, produces an environment, landscape quality and character superior to that produced by the existing standards of this chapter. This question may be applied to an individual relaxation or to multiple standards being relaxed. 19464 DRB Staff Reportthe Bridger View Redevelopment PUD• Page 2 of 40 Project Summary The property owner and applicant made application to develop the site formally known as the Bridger View Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The Bridger View mobile home park hosted 92 residential homes. The mobile home park was removed in 2006 by the defunct Story Mill development. The development proposes the construction of 63 residential living units (including the common house) on 57 lots, parking structures, common open space areas, and rights-of-ways. Parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. The projects development intent is to create "lasting and livable" neighborhood. Bridger View Redevelopment,with a net density of 7.9 houses/acre, offers a variety of clustered attached and detached homes that range in size from 750 to 1,575 square feet with lots ranging in size from 1700 to 3650 square feet. Minimum density in the R-3 district is 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City's Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City's Affordable Housing Ordinance at the "lower income" bracket of 70 percent AMI or less for a total of 62 residential units. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed-Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The stated purpose of this Planned Unit Development (PUD) is to create an inclusive development with a unique characteristics. In order to achieve the desired outcome 19 deviations from the Bozeman Municipal Code (BMC) subdivision and zoning regulations are proposed with this application: 1. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow"Common House" on a lot. This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. 2. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. 19464 DRB Staff Report*e Brid er View Redevelopment PUD16 Page 3 of 40 9 p g 3. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. 4. Table 38.320.030.0 Lot coverage &setbacks. The application requests to allow increased lot coverages.and decreased setbacks due to the reduced lot size and widths. S. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. 6. Section 38.360.030 Accessory buildings, uses, and equipment.The application requests expanding allowable encroachment for accessory structures. 7. Section 38.360.210 Single, two, three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). 8. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. 60 feet ROW standard reduced to 30 feet. 9. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. 10.Section 38.400.100 Street vision triangle. The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. 11. Section 38.410.040 Blocks length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. 12.Section 38.410.040.E Blocks. The application requests an alternative block and lots numbering scheme. 13.Section 38.410.060.B Easements.The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. 14.Section 38.410.060.0 Public Utility Easements.The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. 15.Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road.This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. 19464 DRB Staff Reportthe Bridger View Redevelopment PUD Page 4 of 40 16. Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. 17. Section 38.540.050 Number of parking spaces required.Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces,visitor spaces, and on street spaces. 18. Section 38.550 Landscaping. The application requests an alternative landscape plan. Requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts 19.Section 38.570 Lighting. The application requests an alternative lighting plan. The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-3 district. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the Development Review Committee (DRC) found the application sufficient for continued review containing detailed documentation necessary for review. The Design Review Board (DRB) is scheduled to review the application on March 11, 2020. The Design Review Board is the design review advisory body to the City Commission on this application and required to make a recommendation to the City Commission. 19464 DRB Staff Report phe Bridger View Redevelopment PUDO Page 5 of 40 Alternatives 1. Recommend Approval of the application with the recommended conditions and report findings; 2. Recommend Approval of the application with modifications to the recommended conditions and modifications to the report findings; 3. Recommend Denial the application based on the Design Review Board's findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVESUMMARY...................................................................................................... 1 Unresolved.Issues ............................................................................................................... 1 ProjectSummary................................................................................. ............................... 2 Alternatives......................................................................................................................... 5 SECTION1 - MAP SERIES .................................................................................................... 6 SECTION 2 - REQUESTED RELAXATION/DEVIATIONS /VARIANCES.................. 19 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL.................................... 20 SECTION 4—REQUIRED CODE PROVISIONS................................................................ 20 SECTION 5 - STAFF ANALYSIS AND FINDINGS........................................................... 21 APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY ............................... 37 APPENDIX B—PROJECT BACKGROUND........................................................................ 38 APPENDIX C—OWNER INFORMATION AND REVIEWING STAFF........................... 39 APPENDIX D—PLANNED UNIT DEVELOPMENT INTENT........................................... 39 ATTACHMENTS................................................................................................................... 40 19464 DRB Staff Report j the Bridger View Redevelopment PUD Page 6 of 40 SECTION 1 - MAP SERIES w a, 7 !R J 4W z. f NIL slbf.' AOL {y lima fie RAO Legend hit i Ramiq Project Cilylimils ❑Zonino Districts Parcels •;t :�! Roads Allays j . s ,na wl^.C,ryGa� Bridger View Redevelopment Rannrg aonian Subdivision Preliminary Plan Application 19-466 A Submitted 11/05/2019 BOZ E 'BAN ,0 Planning Zoning classification 19464 DRB Staff ReportAhe Bridger View Redevelopment PUDIO Page 7 of 40 i d I t� F no G z, H I LLS IDO,;E,\�, Legend Planning Project City a.kevts Parcels Roads Nleys Community Plan Future La1W Use Resrdentlal ReWentiat Emphasis Mixed Use Suburban Resdentinl Reglonat Cornmerciol and Servlors S Coswyttily Corn Caminut ily Commercial Mixed Use Business Park Mixed Usc [ Industrial Pub%I nstitutions Parts,Open Space and Recreational lands Other Public Lands Gotf Course Presena Rural 'Ina rrcftyd ataeCby lM_ Bridger View Redevelopment clq�eczrnal R�mng duzrn . Subdivision Preliminary Plan Minnb•In6l'701V Application 19-466 . ,fin=goa reel Submitted 11/05/2019 BOZEMANT Planning Future Land Use Designation 19464 DRB Staff Report ffiothe Bridger View Redevelopment PUDO& Page 8 of 40 it:!...mow:••�___._ - tl.'"1:-^ ._,;::�.-- - u..rti .-l"F i, , r r _^ r Off' __ � BItIDCEk pli °r �� r• C 4 ' 1 e I� • Legend V Planning Project City L'enits (__) Maed Use —! J Rostaummf3ar ❑ Conmsrcial Retail Sales,Services,Banks tioteAMotd i Conmercial Auto { AdministrativelProlessional r Light Manufacturing Golf cotrse �+ Park or Open Space 4 0 Conservation Easement r []Church r [] Pubbc Facility © School4Educataonsl Facility _ Singk-Hout.Chold Re3ldanllal ! Ouploffriplex Rcsidentral Mullr HouschoW RoWential 0 Mobile Homc%tohilo Park Rght•or•Way Undeveloped Vacant Parcels Roads Allays i^s amlftdov r^-C4 ar aatCfilin Bridger View Redevelopment SIN of �• }'�fi �p '�'m=- Subdivision Preliminary Plan Men.nn.rinznor° Application 19-466 Submitted 11/05/2019 BOZ(�FAN t�.2lxr roar A. Planning Current Land Use �ll � 4 x a � • I i ��� � �� o � A�•T'�0, ' ,L, ���..,■m��,. �� �01 o i O ,.�� 'ai ,Q V lip lip NMI Mel ,Q U MORE , � � It EU far- L 0 0 0 0 „ � o •. 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 10 of 40 L_____Bridger View --_________________-_____.—_._________________________._ Story Mitt an 8 D,1T5971 RELIMINARY PUD/ PLAT SET 1 i 1• •1 i COURTp �Gy• i 1 qy Project'Team j UOHURVO 1 I K OTP /y1�/ N MILLWORKS WAY I .o ..cnu z ABI I' � 1 1 1 � l• 1 1 1 �NNM6 caruyunl louts � ILWIDc GREE , NIL�SIDE LANE PUD OPEN SPACE i Areas highlighted in green are areas counted +I + toward the PUD open space requirement. 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A�io M o+[Ix sf...��w MNr. ia,) tssBlaf w7N7BD - ri1LL5tDE LANE IVARIP - u°i♦ 1 fatM A..9 w wn.p9lkn 5y 1101r 77.076 0.806 R fa 5� ^ rM 7•AC .0Y ---__---' r 1 �L� t'Z 1 iotm xAaaT 60T1 p->I[J7' -1.761.T - -i(�� 'w�vP.oRrrsw•eer.,m.l { 1 I �"` j '� 7•'w f� taaa' 1 �. _ ' Typdy6.7 Ow GRAD[ �� 8 w MD 1-{AC MDT [oB W '1 ssrr I ADDED RIGHT-OF-WAY i TO HILLSIDE LANE �\ 1 1 S�• • 1 1 L I I 1 I 1 I I 1 SCA18 IN FTET 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 12 of 40 Bridger View — � � I _s, � Story Mill RA Or _---- -_---_----. Bozemann M MT T 59715 �:p_.-----.—.__--------- •-------•—--——— PRELIMINARY PUD/ PLAT SET Project Team 1; 1.•N1FV: 1 ��F`: k Wes• �� 1l�ri„y,: � li% � 1 l I !uA !-� i.� a 11 1 <OufWSIIR n i ryt _ 1 I aulm vet�ria� - ' Rr.�mane o�uua OOer teanb fl �� � � ; =.4 N.HbW.OuowT WnpMunn Owwb lrm 4 \'1 — �zr.uoe.mow.:.♦an.e ae nbaaomn drry r - .n•uwr.aemlwmra.wmow.r..nmro • ���pJr vo aµ. rgam. . vdudtl�iu dk9.dmwan uw�l0mnmm —_j � .v m�sl..rw.r m o..na-Iw.rn..n.o P..ra euy n•. ♦a �� I _ .....1 �1 ',,: ..Ne4ro Gui Punu br paaemem pnnWmon Cdnb � � �y I _ . uccuD � � _ ,•- wu:r..rue wv.r acm.mb 9ardl.Pvmm rriW -3 .r.wa..w.• si( i it 1�11 t Comr:Y loci Ps1on(IYibc.imGrvo ar apW) _ �1 1 �1 1 NARD.4CAPE PUN �l NA 2260E PLAN L1 .0 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 13 of 40 Bridger View IOL O ROFUA Story Mill Rd&Bridger Dr Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET Lotus-, lot o TOT os•T ` ���. 1 ~---�`I 1- � !_ - , 1 � - � i r 1 • I E r i rT i 1 1 as L�y To, 1 for osc I 1 1 w l Y 1 1 -- Project Team 1 1 ` for ol.T 1 1 L_'< � r t ' f ot•,¢n 1 � •, 1 , wta!-r e. ttt i a •1 Tom'y':,:Y.. apinT T I YCOLWr T rTauylw.p I u 1 I t1� i �g •! 1 1 N COMT - 1 1 t u.oa.rmmu •. I \ 1 � G I 1 � i>gMN gin! it n 1 1 d 1 I IsLOT L_•a -� 11 lv..•r.trt tY. 1plll) S IUl H ^ I I I W�trt�tw•i•••r L 1 1 I I 1 t I 1 J UNIT KEY Svm. Unit Type No.of Units B-1 Bungalow-1 Bedroom I I - B-2 Bungalow-2 Bedroom 15 - NyyroeTuli _ , F•2 Far mhousa-2 Bed—, 17 I-- - F•3 Fannhouse.3 Bedroom 9 P-1 ParksidO•I Bodroom S TOT osa t«ulu nlravc P-3 Parksida-3 Bedroom 5 uOortlorYuaow Sae shoots A2.0 to A2.4 for datallOd plans of Units I � 1 t IlI I t.11J UNIT R!W N.trtlD •• crlC. �• SP3 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 14 of 40 Bridger View Story MiN Rd&811d9m Dr Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET Project Team FRONT EL-ZVAi1W fE.M EyEYAIgn IPOFXry - SOk kikVAfIOR W.K bwA' GOMRACtdi: CN\LrGne.Co i i SASWEID� FRSr ROC41 y1fi5GSF—. SEMOFLOW N'L6 ROOFPYAn-00ADIED RODFPIM ARAQiED - "' UNR DESIGN FAR S-2 BEDROOu _ A2.0 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 15 of 40 Bridger View Sorry Mill Rd&BdCgm Ur Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET _ Project Team FMW ELEVAnon REMEUYAigry ' 510E MINA 1W Wu..w.iuH CD-- - 1hlU9 wnih�n E I Z 9A UE pu.w.! FN FU Jns av fIttNDFL00R 72505E F=F FLW UNR OESIGN Q FARI2HOUSE•)BWROOLt A2.1 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 16 of 40 Bridger View _ Story Mill Rd&BFidger Or Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET zAk L. It —�; Project Team Lot t. 3oE ELEVAIION FRGNT ELE'VATIC11 ...... - d..•:u,•�......• 10.CAR CIEVATIt1N nnM�cr • Ca4X•r�wq' . ' _ GOwiMG104 .nl V/X�p rM • '4 tIGKEX l jQ�Qj ® o • X"EW124T-- FRSF ROCR A10 ROOF PLAN � _ UNfi DE91oN cases RNn�uop gLRIRs.Lovr•t switom A2.2 0" ' 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 17 of 40 Bridger View Story Mill Rd d Biidgur or Bozeman MT 59715 PRELIMINARY PUD/ PLAT SET lp- Project Team F,¢p(1 BE1•A1KH SIDE EIEYA7IDY _ � � �EAA EItVAOD�IP0RfH1 � o REARuh.1KX1OWK.DII `MYprttC1 N Wut P..�up, ' <OYTRKIO.; w14wnrn,M 4 lY1IN.G COMSAiw"1 wr•"Si/� l r I J FOW ROOR Maw SELGNDFIOOR Q)GSF RWFRAY UNIT DESIDN BLHG4O 2BEOROOA7 A2.3 19464 DRB Staff Report for the Bridger View Redevelopment PUD Page 18 of 40 Bridger View Story MiN Rd&Budge,Or Bozeman MT SS715 PRELIMINARY PUD/ r PLAT SET Project Team • REM EU—Q. SI.2ue—m FR TEIEVAn • wp•rtFCt•n.wi II II 1 1 •hob.•apM k � h 1 1 1 IWw1A4 I 1 MaREP1811NMQ IWOF nF31 AAA mGO SECG•LEIeeR on OW RGBE MAR BUREMNG DESIGN o ° s J7A2.4 19464 DRB Staff Report flPhe Bridger View Redevelopment PUDO Page 19 of 40 SECTION1 - REQUESTED RELAXATION/DEVIATIONS/ VARIANCES 1. Table 38.310.030 Authorized uses. The application requests allowing parking structures on an independent lot. The application requests to allow"Common House" on a lot. This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. 2. Table 38.320.030.A Minimum lot area. The application requests to reduce the minimum lot size. 3. Table 38.320.030.B Minimum lot width. The application requests allowing narrower lots. 4. Table 38.320.030.0 Lot coverage &setbacks.The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. 5. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. 6. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding allowable encroachment for accessory structures. 7. Section 38.360.210 Single, two, three, and four-household dwellings. The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). 8. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. 60 feet ROW standard reduced to 30 feet. 9. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. 10. Section 38.400.100 Street vision triangle.The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. 11.Section 38.410.040 Blocks length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. 12.Section 38.410.040.E Blocks.The application requests an alternative block and lots numbering scheme. 19464 DRB StaffRe ort o�'the Brid er View Redevelopment PUA Pa e 20 of 40 p f 9 p g 13. Section 38.410.060.B Easements. The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. 14. Section 38.410.060.0 Public Utility Easements. The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. 15. Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. 16.Section 38.520.040 Non-motorized circulation and design. The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. 17. Section 38.540.050 Number of parking spaces required. Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and on street spaces. 18.Section 38.550 Landscaping. The application requests an alternative landscape plan. The point system... 19.Section 38.570 Lighting. The application requests an alternative lighting plan. The relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and has not determined whether or not they are met for all nineteen deviations with the adoption of the staff analysis and findings below for justification. SECTION 3 - RECOMMENDED CONDITIONS OFAPPROVAL . Please note that these conditions are in addition to any required code provisions identified in this report. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. SECTION 4 - REQUIRED CODE PROVISIONS 1. All required code corrections are provided through the DRC review. 19464 DRB Staff Report folkhe Bridger View Redevelopment PUD• Page 21 of 40 SECTION 5 -STAFFANALYSISAND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Plan Review Criteria,Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City's adopted growth policy Yes. The recently approved Growth Policy amendment and rezoning created foundation for residential.development on the subject property. The future land use designation is Residential Emphasis Mixed-Use and is zoned R-3 (Medium Density Residential District). Table C-16 of the Bozeman Community Plan shows R-3 zoning as implementing districts of the Residential Emphasis Mixed-Use classification. The proposed use is residential with the exception of the common house. Three residential home types are proposed including single home detached, two- attached unit, and two attached with a basement walkout unit on the park side grade level.A variety of smaller footprint and total square footage is proposed. The project is in conformance to and consistent with the City's adopted growth policy, the Bozeman Community Plan, including the following goals and objectives: Goal C-2: Community Circulation — Create a circulation system both vehicular and pedestrian that is fully connected, integrated,and designed for ease of use. The layout of design of the circulation system is designed for residents and internal use. Reducing road width and combining users will create a more intimate space and reduce vehicular speeds and decrease "cut through traffic" it does not promote the City's overall goal of providing a complete network of grid streets for all users and appears to be a private street. Blue Silos Way and the pedestrian connection entering a parking lot serving as the primary corridor through the site may not encourage others to feel welcome or encourage utilization of the network. There are existing constraints with the site that limit a full street grid including Story Mill Park to the west and the intermediating open space adjacent to Story Mill Road. 19464 DRB Staff Report ffithe Bridger View Redevelopment PUD Page 22 of 40 Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both the pedestrians and vehicles, including human powered vehicles. Similar to the discussion for Goal C-2 above the street grid and pedestrian circulation system designed does not accommodate shared transportation systems including vehicular travel lanes, pedestrian areas, bike lanes, and other alternatives. The developer is providing a connection to the western edge of their property for future connections to the west and south as the area develops. This connection, however,will serve future development and Story Mill Park and bypass Bridger View Redevelopment. Objective C-2.5: Explore and encourage innovative parking solutions for both residential and commercial projects including parking best practices, expanded parking districts,cash in lieu of parking,and design guidelines for structured parking. Bridger View Redevelopment is proposing an innovative parking scheme for the development. Shared parking areas mixed throughout the site will provide the majority of required parking.Additional parking is provided on site for a number of the residential units. Goal LU-1: Create a sense of place that varies throughout the City,efficiently provides public and private basic services and facilities in close proximity to where people live and work,and minimizes sprawl. The Bridger View Redevelopment intends to create a unique neighborhood for future resident's to revitalize the previous Bridger View mobile home park. Each residential unit will be smaller in size creating a different character to most parts of the City. The site is served by City services including water, sewer, transportation infrastructure, park adjacency, and to the greater trail network such as the Path to the M. The development has a distinct sense of place, this project contributes to an existing and expanding mixed use area and allows people to live in close proximity to work, public and private basic services and minimizes sprawl Objective LU-1.4 Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. This project revitalizes a previous residential area with amenities and focused on smaller homes. The context includes a variety of land uses including larger lot residential, industrial, commercial, park and open space, and the former story mill site. 19464 DRB Staff Re ort#he Brid er View Redevelopment PUD* Page 23 of 40 Objective LU-2.3: Encourage redevelopment and intensification,especially with mixed uses,of brownfields and underutilized property within the City consistent with the City's adopted standards. This project revitalizes an underutilized property adjacent to a significant public recreational amenity,the Story Mill Community Park. Objective LU-4:3: Encourage the creation of well-defined residential neighborhoods. Each neighborhood should have a clear focal point,such as a park,school,other open space or community facility,and shall be designed to promote pedestrian convenience. To this end,the City shall encourage the use of historic Bozeman neighborhoods, including a significantly interconnected street system,as models for the planning and design of new residential neighborhoods. Bridger View Redevelopment primary purpose is to create unique neighborhood and provide a housing types not typically constructed to offer a variety of housing price points. The development is within the City service area and is adjacent to existing roads. Transportation infrastructure improvements will improve connectivity to the greater community. Objective E-4.2: Promulgate efficient land use practices. This project promulgates efficient land use practices and provides a moderate net residential density,while adding to public open space and trail network that can be used by the entire community. Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost,and location with an emphasis on maintaining neighborhood character and stability. This project provides additional quality housing at a medium density in an area that only includes a small residential low density subdivision light industrial and commercial uses.This project will add to the neighborhood character and the stability of this area. Residential uses provide an insular design to focus on the character of the development. For more information on the growth policy designation please see Appendix A. 2. Conformance to this chapter, including the cessation of any current violations Yes. The project, if approved, will conform to the Bozeman Municipal Code other than the requested relaxations. There are no known documented violations of the BMC for this property. 19464 DRB Staff Report fo�"the Bridger View Redevelopment PUD* Page 24 of 40 3. Conformance with all other applicable laws, ordinances,and regulations Yes. The proposed uses of the site are consistent with the allowed uses of the R-3 district. No specific conflicts have been identified. Additional steps will be required including but not limited to final payment for cash in lieu of water rights, finalization of the preliminary and final plat, dedication of the streets and parkland, dedication of the utility easements, construction of infrastructure, PUD final plan documents and approval and building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. Condition of approval 1 requires full compliance with all applicable code requirements. The development is owned and managed by the HRDC with prescribed design standards, operational contingencies,and development strategy and schedule.Although numerous subdivision and zoning standards are modified to achieve the desired outcome, if approved, the development meets standards. 4. Conformance with special review criteria for applicable permit type as specified in article 2 Undermined. This CUP and PUD criteria are reviewed below. Community Development is requesting advisory board determination on the proposed development as to whether or not the project meets the requirements and criteria as presented. S. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements,applicable supplemental use criteria,and wireless facilities and/or affordable housing provisions if applicable Yes. The residential use is permitted in the R-3 district. The City does not regulate minimum home size (IBC does have minimum habitable space standards which are met) deferring to the market to establish house size. The purpose of the development is to provide lower priced homes by restricting the size, predesigning the homes, creating a land trust to insure homes are sold at desired prices. The project triggers compliance with the City's affordable housing ordinance. Five percent,the minimum,will be sold at the "Lower Priced" alternative with the remainder to be paid as cash-in-lieu. Please refer to the affordable housing plan for more information. As noted in the deviations request list above lot size, road width and construction standards, setbacks, permitted encroachments, parking configuration, and other adopted standards are altered with this plan. Lot coverage and building heights comply with standards. 19464 DRB Staff Reportphe Bridger View Redevelopment PUDO Page 25 of 40 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Yes. Planned Unit Development allow for creative alternatives to City standards.An extension of Hillside Lane is required to be constructed improved with this project and will be constructed to a City standard and within standard ROW width. Internal Rights- of-way width and street cross sections are modified with additional pedestrian pathways to supplant standard road width and sidewalks for circulation. Alternative sidewalk widths will be utilized. Similarly easements and lot sizes are modified to create the desired sense of place. Internal roadways and pathways will be dedicated to the public or provide public access through easements.All roads, open spaces, landscaping, and infrastructure, except for water and sewer service, is maintained by the Property Owner Association (POA). As such higher than normal POA fees are required to financially support this construct.A funding mechanism is proposed with the development that is described in the POA documents. The applicant has requested a waiver from level of service (LOS) for intersections for Bridger Drive and Story Mill Road.The'Director of Public Works has the authority to determine whether or not to grand this waiver based on specific circumstances. The applicant also proposes providing cash-in-lieu of parkland dedication for required parkland. The proximity of Story Mill Community Park and adjacent pathways are conducive of this alternative. The Parks and Open Land Department and the Recreation and Parks Advisory Board (RPAB) Subdivision Review Committee are supportive of the plan. Parkland dedication in the R-3 zone is capped at 12 dwelling units per NET acre. In summary a total of 1.103 acres or equivalent is required. Cash or improvements in- lieu are valued at$76,875. The applicant is providing a plan valued at$98,052.98. Parking is being met by on and off-site parking facilities and connected with the pedestrian connections. Minimum parking requirements are met. However, the location is atypical and requires a deviation to allow individual parking structures to be located on a separate tract of land and is included at"relaxation No. 1". Access standards require lot frontage adjacent to a public street for each residential unit. Not all lots meet this standard therefore a deviations required.Access is provided by a series of pedestrian walkways and modified "woonerf' streets sections. The proposed subdivision exceeds block length and width standards.An alternative design standard is to separate blocks with pedestrian pathways with a minimum 25 19464 DRB Staff Report f9he Bridger View Redevelopment PUD* Page 26 of 40 foot public access easement. The applicant proposes reducing the easement width and the associated building setbacks through the PUD. Public utilities are subject to modification as well. City standard easement with for sewer lines is 30 feet. The applicant is proposing a 25 foot wide easement on the north side of the property. 7. Conformance with the project design provisions of article 5, including compatibility with,and sensitivity to,the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; The development is compatible with and sensitive to the immediate environment of the site and the adjacent neighborhoods and other approved development relative to, building mass and height, landscaping, orientation of parking and building placement on the site. Individual residential and attached dwellings with up four units are not subject the design guidelines in Article S. However, building materials, building quality, architectural integration, neighborhood identity, and orientation of parking and service areas. The landscaping plan meets standards with deviations. The design of the site plan is in harmony with the existing natural topography and water bodies and existing vegetation. Grade is integrated into the siting of the homes and drainage. Deviations are required in order to meet town home requirements of BMC 38.360.240, the special standards for townhouse and rowhouse dwellings. Each unit meets access standards, usable open space, and building design. Building mounted lighting is proposed for the townhomes and meets code standards. No signage is proposed at this time. 8. Conformance with environmental and open space objectives set forth in articles 4-6, including the enhancement of the natural environment, watercourse and wetland protections and associated wildlife habitats; and if the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Yes. There are no known wetlands, watercourses, or critical wildlife habitat on the subject property.An existing multi-use pathway is on the adjacent property to the east. 19464 DRB Staff ort h e 27 of 40 Re e Brid er View Redevelopment PUDO Pa P � 9 p g The "M" trail is integrated into the common open space lot No. 5 sandwiched between the individual houses and Bridger Drive on the.north side of the property. The applicant proposes using Low Impact Design (LID) to improve stormwater retention and detention and gain performance points towards the PUD. The stormwater system exceeds code standards.The development is adjacent to a public park and provisions have been made in this development to allow public access to the development's open space areas and circulation system. 9. Conformance with the natural resource protection provisions of article 4 and article 6 Not applicable. 10. Other related matters, including relevant comment from affected parties No public comment has been received to date. The formal public comment period will commence prior to the Planning Board and City Commission hearings which are tentatively scheduled for April 21 and May 11, 2020 respectively. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title,whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b.The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming 12. Phasing of development Site plan phasing provision do not apply to this application. The subdivision proposes three phase to complete the development. Each phase must support all necessary infrastructure, parkland, opens pace, circulation, and other associated components.to. be approved.As proposed the phasing scheme meets standards.A subdivision is being reviewed concurrent with the PUD. 19464 DRB Staff Reportf9the Bridger View Redevelopment PUD* Page 28 of 40 Conditional Use Permit Review Criteria,Section 38.230.110, BMC, E. In addition to the review criteria of section 38.230.100, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use,and all yards, spaces,walls and fences, parking,loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; The site is adequate. The proposed buildings and parks and open space enhance the neighborhood. The open space and internal vehicular and pedestrian circulation system is highly orchestrated to meet the needs of future resident's. Lot area and parcel size and density analysis indicates the base City standards would achieve the same gross and NET residential density as the applicant proposes with the alternative design. The area gained by reducing size lots size and setbacks are transferred to the open space and use to meet performance point for the PUD. However, the typical lot would keep the open space private while the Bridger View Redevelopment's open space will have public access easement to allow free movement of residents and the general public. The 62 residential lots consume 132,466 square feet. Standard City lots with the same number of affordable lots and townhouse types require 202,500 square feet for a difference of 70,034. The common lots and common open space lots consume an additional 36,510 and 108,475 square feet respectfully. Required parkland equals 48,050 square feet. Staff is unclear how accessible the open space will feel to those who do not reside within the development. Narrower corridor traversing parking areas, entrances to private homes, service areas that do not connect to a destination may not create a fully connected system. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; No adverse impacts to abutting properties have been identified. Residential use is a permitted use in the R-3 zone. Proposed densities are well below what is permitted by right with the district and below what was previously established. Infrastructure improvements will enhance the safety for cyclists, and the new sidewalks will encourage non-motorized access to the site which promotes public health and safety. General welfare will be promoted through smaller homes and new residential 19464 DRB Staff Report jOhe Bridger View Redevelopment PUDO Page 29 of 40 townhomes which will provide a variety of housing options for area residents. Park adjacency may promote general welfare by providing an expansion of recreational opportunities for residents. The residential development serviced by the existing municipal sanitary sewer and water systems promotes public health by protecting groundwater from degradation. Stormwater will be managed in LID retention facilities to filter out sediment and treat runoff. 3.That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include,but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise,vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; 1. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. The plans includes design standards to insure the desired outcome in character; provisions for maintenance and replacement of infrastructure, maintenance of landscaping, purchase and sale within the community land trust structure, and requirements of DRC review and the proposed covenants and design guidelines associated with the project will address these areas. 19464 DRB Staff Report foY'the Bridger View Redevelopment PUDO Page 30 of 40 F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2.That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land,his successors or assigns, shall be consented to in writing,and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process and will be required prior to approval of the final plat. 19464 DRB Staff Re ortffihe Bridger View Redevelopment PUD• Page 31 of 40 Planned Unit Development Review Criteria,Section 38.43O.O9O.& BMC. The application presents the applicant's response to these criteria. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a.All development.All land uses within a proposed planned unit development shall be reviewed against,and comply with,the applicable objectives and criteria of the mandatory"all development"group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies,fire protection, electricity,flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? Yes, except as specifically requested through the relaxations listed in Section 04 and the deviations from the design standards as described in the design reports (2) Does the project preserve or replace existing natural vegetation? Yes, the project intends to maintain existing trees along Bridger Drive and south of the new extension of Hillside Lane. Other site vegetation will likely need to be removed to ensure adequate site grading and drainage but will be replaced with additional landscaping in accordance with the Landscape Plans in the Drawing Set, Sheets L2.0 - L2.5. (3)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,the concept of compact development is a response to smaller households, increasing construction and operation costs, and the appreciation of natural open space. By thoughtfully designing smaller houses,yards and streets, neighborhoods are made safer, more livable,easier to maintain and less costly to the city's infrastructure budget. Good connectivity,walkability, and affordability are all made possible. Compact development is a guiding principle for Bridger View. With 20 units per net acre, its density creates a good fit with its transitional surroundings—a contemporary concept rooted in best practices from the past. While Hillside Lane is built to the city's standard for public streets, the other private streets are intentionally in scale with older neighborhood streets. The small streets are designed to limit the speed of cars, making them safer and friendlier places. Please refer to the Design Guidelines in Appendix 10.a for more detailed descriptions of buildings (Page 36), circulation (Page 16), open space (Page 19) and landscaping(Page 26). 19464 DRB Staff p f Re ort She Bridger View Redevelopment PUD• Page 32 of 40 9 P g (4) 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, this project is seeking LEED-ND certification which will ensure that the elements of the site plan will contribute to the overall reduction of energy use by this project as compared to a typical subdivision. (S)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, all lots accommodate modest front yards and front porches. Lots that face a public edge of the site—the trail along Bridger Drive, the trail along Story Mill Road, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys or pedestrian walks. Typically, the houses are "zero lot-line houses" located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner,whose house has windows facing it. The wall of the house next door,which sits at the property line,has no windows, so affords privacy to its neighbor. Each home has access to a private outdoor area in addition to the shared open spaces. Fencing is allowed as specified in the Design Regulations. (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Yes,the Trust for Public Land and the HRDC have been working with the Parks Department and the Recreation and Parks Advisory Board to use the "improvements in lieu of parkland" program to develop the parking lot in the southeast portion of the tory Mill Community Park. This parking lot provides important access to a fishing area, dog park and pathways connecting the park to the Story Mill Spur Trail. The value of this improvement is $98,052.98 which exceeds the park equivalent amount of$76,875.20. The Trust for Public Land and HRDC requested review before the Recreation and Parks Advisory Board Subdivision Subcommittee as part of the Pre-Application to be able to start the construction and credit the amount of the proposed improvement to the Bridger View Redevelopment project. On May 7, 2019,the RPAB met to discuss the proposal and unanimously supported the concepts presented. Final paperwork will be 19464 DRB Staff Report^e Bridger View Redevelopment PUD• Page 33 of 40 provided with the Final Plat as required. Please see the parkland certificate with calculations and amounts which is provided on the preliminary plat as required. In terms of on-site open space per dwelling unit, this project proposes to use the townhouse open space standard for all units whether they are attached, detached or vertical duplex condominiums. In addition to private yards and shared open spaces, all units include a porch with an area that is at least 10 percent of the living area. Most porch minimum dimensions are 9' x 16' (144 SF). Note that the smaller Bungalow units actually have a larger 9' x 18' porch. Please refer to Sheets A2.0 -A2.4. Staff comment, please see No. 8 below. (7) Performance.All PUDs shall earn at least 20 performance points. Yes, Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Bridger View Redevelopment incorporates PUD point categories wherever possible and exceeds the requirement of 20 performance points. In some cases, the neighborhood is not eligible for points even though it incorporates significant elements of the category. Details of the point calculations are included in Section 05. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad"to adjoining development? Staff response, no comment from applicant. The design creates an isolated inward looking development: Bounded by the Story Mill Park on the west, a park/open space parcel on the east adjacent to Story Mill Road, Bridger Rive to the north and an extension of Hillside Lane on the south. The internal circulation supports inter-site connectivity the proposed open space does not appear to be integrated into the greater community and does not promote interaction with adjacent properties.Although the open space areas will have public access easements the intimacy of the site may not be supportive of other community members to pass through the site as with other neighborhoods. b. Residential. Planned unit developments in residential areas (R-S, R-1, R- 2, R-3, R-4, R-5, RMH and R-0 zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods,with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (division 38.310 of this chapter),within the parameters set forth below.All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The 19464 DRB Staff Reportffithe Bridger View Redevelopment PUP Page 34 of 40 permitted number of residential dwelling units must be determined by the provision of and proximity to public services and subject to the following limitations and considerations: (1) On a net 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 city growth policy? Yes, the gross density is approximately 8 units per acre and the net density is approximately 20 units per acre. These numbers are in line with medium density development as described in the growth policy. (2) Does the project provide for private outdoor areas(e.g., private setbacks, 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, all lots accommodate modest front yards with front porches and back yards. Lots that face a public edge of the site—the trail along Bridger Drive, the Spur Trail, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys, or pedestrian walks. Typically, the houses are "zero lot-line houses" located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner, whose house has Windows facing it. The wall of the house next door, which sits at the property line, has no windows, so affords privacy to its neighbor. Fencing is allowed as specified in the Design Regulations (Page 33). (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, the courtyards, green spaces, paths and trails all provide areas for active or passive recreational activities. In addition to its own attractive features, Bridger View abounds with open space for active living. Its adjacency to the new 60-acre Story Mill Community Park means that residents can walk to and into the park in less than five minutes. (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? 19464 DRB Staff Report ffihe Bridger View Redevelopment PUD• Page 35 of 40 a Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District. (5) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient public services and facilities? Yes, Bridger View has been designed with an understanding of its role in the larger natural ecosystem and watershed. The neighborhood is built to take advantage of the natural topography, the tall evergreens along Bridger Drive, and other natural features. Using principles of low impact development, stormwater and snow are managed on-site. Courtyards and other green spaces serve as sites for stormwater detention and snow storage..The circulation system has been designed to provide efficient access without excessive paving. The reduced paving increases permeability and minimizes heat islands. In addition to waste management during construction, easily accessible waste collection stations encourage residents to recycle and compost. (6) Residential density bonus. If the project is proposing a residential density bonus(30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards and ensure compatibility with adjacent neighborhood development?The number of dwelling units obtained by the density bonus is determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380, must be excluded in the base density upon which the density bonus is calculated. Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District. (7) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes, the neighborhood was designed to capture the essence of pre-1940s traditional neighborhoods, such as the Northeast neighborhood in Bozeman. Characteristics include a comfortable neighborhood scale,walkable streetscape, modest size, simple construction, shared community spaces, eclectic designs, and features that encourage neighborliness. The proposed density as organized within the project acts as a transition between the more urban core, the industrial areas and the nearby larger lot subdivisions such as The Headlands and Hillside Lane. 19464 DRB Staff Reportf9the Bridger View Redevelopment PUD* Page 36 of 40 The applicant provided a summary of the performance points for the development. This chart and the supporting statement can be found in PUD Relaxations appendix attached to this report.A minimum of 20 points are required. Staff comments are listed below the chart. # Category Points Notes a Affordable Housing NA 26"Missing Middle"homes with permanence of affordability not eligible for PUD points. b Additional Open Space 22.5 18 percent publicly accessible open space x 1.25 points=22.5. c Adaptive Reuse of NA There are no existing buildings on site. Historic Buildings d Underutilized Site 1 Infill site is currently vacant.40 trailers were removed in 2006 and 62 units are proposed= 1 point. e LEED-ND 0 The project is designed to meet LEED v4 ND [Built Project]as evidenced by the attached scorecard and letter from our sustainability consultant. No points are being requested at this time because the actual certification would not occur until after 100%of the units are complete and within 3 years of completion. f Low Impact 6 See drawing set and Design Guidelines for specifics related to Development Plan stormwater and vegetation. g Sustainable Design & 0 While the project is committed to high performance sustainable Construction buildings,specific certifications to be pursued are not yet finalized. h Wayfinding NA Wayfinding is incorporated but site is less than 30 acres making it ineligible for PUD points. i Transfer Station 0 Common recycling stations are incorporated; not eligible for points because not a transfer station. j Bus Stop 0 Appropriate bus stop location to be determined as a result of ongoing Streamline route study. k Streetscape 6 Hillside Lane+ Hillside Green + Hillside Grove. See Landscape Improvements Plans. TOTAL = 35.5 Performance Points Staff supports the point assessment for e, d, and f. Streetscape improvements, (k) is not met with this application. Streetscape improvements are limited to improvements within a ROW and must be improvements above and beyond minimum requirements for boulevard improvements which include sidewalks, curb and gutter, street trees, landscaping, street lights, drainage, and other standards. 19464 DRB Staff Report ffihe Bridger View Redevelopment PUD• Page 37 of 40 1. Hillside Grove and Hillside Green are improvements to private open space and do not count towards street improvements. 2. Based on the landscape plan, improvements to Hillside Lane are excess boulevard street trees. City standard requires seven (7) trees on the north side and eight (8) on the south side. Twelve are shown on the north and 13 are shown on the south side of the street for ten additional trees. No other improvements are shown.Additional street trees consume more water and take additional forestry support to maintain healthy trees. Staff concludes the additional trees equal one (1) PUD point. Therefore, 30.5 points are achieved with this application. APPENDIX A -PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses:The property is zoned R-3 (Residential Medium Density District). The intent of the R-3 residential office district is "to provide for the . development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit." Adopted Growth Policy Designation:The property is designated as "Residential Emphasis Mixed Use." The Residential Mixed-Use category"promotes neighborhoods with supporting services that are substantially dominated by housing.A diversity of residential housing types should be built on the majority of any area within this category. Housing choice for a variety of households is desired and can include attached and small detached single-household dwellings, apartments, and live-work units. Residences should be included on the upper floors of buildings with ground floor commercial uses...The category is appropriate near commercial centers and larger areas should have access on collector and arterial streets. Multi-household higher density urban development is expected.Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity and provides ready access within and to adjacent development." 19464 DRB Staff Report ffithe Bridger View Redevelopment PUD* Page 38 of 40 9 g APPENDIX B - PROJECT BACKGROUND The property owner and applicant made application to develop the site formally known as the Bridger Park Trailer Court on the southwest corner of Bridger Drive and Story Mill Road. The Bridger View mobile home park hosted 92 residential homes. The mobile home park was removed in 2006 by the defunct Story Mill development. The development proposes the construction of 62 residential living units on 57 lots with one common house, parking structures, common open space areas,and rights-of-ways. Parkland requirement is proposed to be met through the cash-in-lieu of parkland dedication alternative. The subject property recently went through a Growth Policy Amendment to alter the future land use designation from Community Commercial Mixed-Use and Residential to Residential Emphasis Mixed-Use and was subsequently was rezoned from B-1 (Neighborhood Business), R-2 (Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3 (Medium Density Residential District). The projects development intent is to create "lasting and livable" neighborhood. The NET residential density is 7.9 dwelling units per acre. Zoning requires a minimum net density of 5 dwelling units per acre. Fifty percent, or 31 residential homes will be sold at market rates, 26 homes will be sold between 80 to 120 percent of the area median income (AMI) rate (greater than City's Affordable Housing program classification but less than market rate), and Five (5) homes will meet the City's Affordable Housing Ordinance at the "lower income" bracket of 70 percent AMI or less for a total of 62 residential units. The development team states, "Bridger View is envisioned as a diverse neighborhood where households at various income levels, stages of life, sizes and backgrounds can afford to purchase a home in Bozeman. The new neighborhood features 62 modest,well-designed houses compatible in scale with Bozeman's older neighborhoods. The design provides adequate parking while emphasizing pedestrian pathways and connectivity including adjacency to the new Story Mill Community Park and regional trails. Characteristics include.a comfortable neighborhood scale,walkable streetscape, modest size, simple construction and shared community spaces. Porches, front yards, sidewalks, shared courtyards and tree-lined streets offer a welcoming setting. The Human Resource Development Council (HRDC) plans to develop the neighborhood in its entirety ensuring a level of quality design and overall coordination. Exceeding the standards of Bozeman's Inclusionary Zoning Ordinance, 50 percent of the houses will be 19464 DRB Staff Reportphe Bridger View Redevelopment PUDO Page 39 of 40 perpetually affordable to households of moderate income. Anew community land trust (CLT) will be established, drawing on the expertise and capacity of HRDC, to permanently preserve the condition and availability of affordably priced homes at Bridger View. Market rate and CLT homes will be interspersed throughout the site, indistinguishable in quality and design. This project will create an innovative neighborhood that provides an inventory of homes that are permanently affordable.As a community based-model, it integrates private development, non-profit and philanthropic investments along with cost-sharing for offsite infrastructure upgrades by the City of Bozeman through the Capital Improvements Plan." APPENDIX C— OWNER INFORMATION AND REVIEWING STAFF Owner: HRDC, 32 South Tracy Ave, Bozeman MT 59715 Applicant: HRDC, 32 South Tracy Ave, Bozeman MT 59715 Representative: Groundprint, LLC, 1262 Stoneridge Drive, Bozeman MT 59718 Report By: Tom Rogers, Senior Planner APPENDIX D —PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the.planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: L. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; S. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 19464 DRB Staff Re ort�the Brid er View Redevelopment PUD Page e 40 of 40 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10.To improve the design, quality and character of new development; 11.To encourage development of vacant properties within developed areas; 12.To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13.To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14.To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options,and detailed and human-scale design; and 15.To meet the purposes established in section 38.01.040. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Statement of Planning Objectives Application PUD Relaxations Plat summary map Civil site plan Hardscape plan Architectural plan Hardscape plan Unit plan Common structures plans Open space plan Unit designs (5 sheets) Appendix 10.q. Parkland Design guidelines BOZ E MAN MT Community Development MEMORANDUM ------------------------------------------------------------------------------------------------------------------------------- FROM: DEVELOPMENT REVIEW COMMITTEE RE: BRIDGER VIEW REDEVELOPMENT PRELIMINARY PLANNED UNIT DEVELOPMENT APPLICATION 19464 DATE: FEBRUARY 13, 2020 ------------------------------------------------------------------------------------------------------------------------------- Project Description: A Preliminary Planned Unit Development Application (PUD) to allow the relaxation of numerous subdivision and zoning standards and to construct non-standard roads for the creation of Major Subdivision with 57 developable lots, 6 open space lots, and ROW. No parkland area is proposed. Cash-in-lieu of parkland is proposed to meet parkland requirement. Project Location: 28 Bridger View Drive. Bridger View Mobil Home Court No.1 shown on retracement survey COS 2547, located in Sections 31,Township One South (T1S), Range Six East (116E), P.M.M., PMM, City of Bozeman, Gallatin County, Montana. Recommendation: The Development Review Committee (DRC) has determined, based on information provided in the submittal dated November 5, 2019 and January 23, 2020 the application is adequate for continued review pursuant to section 38.240.110.A.3.a(2) BMC and 76-3-604(2), Mont. Code Ann. Section 2- RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the development. 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The final planned unit development plan must be submitted, reviewed, and approved prior to approval of the final plat. 3. The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines and associated property owners' association documents as approved: 020 East Olive Street • O Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. • • Page 2 of 7 BOZ E MAN MT Community Development I. Table 38.310.030 Authorized uses.The application requests allowing parking structures on an independent lot. The application requests to allow "Common House" on a lot.This request is not needed because the structure is a stand-alone detached residential unit which is a permitted use in this district. II. Table 38.320.030.A Minimum lot area. The application requests to reduce the . minimum lot size. III. Table 38.320.030.E Minimum lot width. The application requests allowing narrower lots. IV. Table 38.320.030.0 Lot coverage &setbacks. The application requests to allow increased lot coverages and decreased setbacks due to the reduced lot size and widths. V. Section 38.350.050.A permitted encroachments into setbacks. The application requests allowing to architectural features, patios, decks, porches, balconies, ramps and similar features to encroach into setbacks. VI. Section 38.360.030 Accessory buildings, uses, and equipment. The application requests expanding allowable encroachment for accessory structures. VII. Section 38.360.210 Single, two, three, and four-household dwellings.The application requests decreasing useable open space to allow all units (attached, detached and vertical duplex condos) to be subject to the townhouse individual open space standard (see Section 38.360.240 Townhouse and rowhouse dwellings). VIII. Section 38.400.050 Street and road right-of-way width and construction standards. The application requests to allow an alternative road section design. 60 feet ROW standard reduced to 30 feet. IX. Section 38.400.090 Access. The application requests eliminating access from an improved public street or alley and have access from a public sidewalks and open spaces. X. Section 38.400.100 Street vision triangle.The application requests reducing required vision triangles and applying the vision triangle standard for individual drive isle and alleys. XI. Section 38.410.040 Blocks length and width standards. The application requests reducing alternative design standard for block length and width standards from a 5 foot sidewalk to 4 feet, reducing pathway corridor width from 30 feet to 10 feet, and reducing required 10 foot setback from pedestrian paths. Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. • . Page 3 of 7 MT BOZEMAN Community Development XII. Section 38.410.040.E Blocks. The application requests an alternative block and lots numbering scheme. XIII. Section 38.410.060.E Easements.The application requests to allow alternative location of private utility easements and reduce required private utility easements size from 10 feet to 5 feet. XIV. Section 38.410.060.0 Public Utility Easements. The application requests a reduction in public utility easements from 30 feet to a specific configuration of easements. XV. Section 38.420.060.A Park Frontage. The application requests to allow a public sidewalk and building fronts to face the park rather than a.road. This deviation is not required. No parkland dedication is proposed therefore this standard does not apply. XVI. Section 38.520.040 Non-motorized circulation and design.The application requests a reduction in sidewalk width for certain sidewalks to be 4 feet wide and not the standard 5 feet. XVII. Section 38.540.050 Number of parking spaces required.Total parking spaces meet minimum standards, provided spaces are not necessarily dedicated to an individual house or adjacent to the property. The application requests an alternative parking scheme comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and on street spaces. XVIII. Section 38.550 Landscaping. The application requests an alternative landscape plan. Requesting deviations from the planting groups and performance point system. The City has removed those standards and replaced with the current system. However, this deviation is required because the developer must vary the species planted because the proposed utilities are in conflicts with root balls, mature growth heights, and other conflicts XIX. Section 38.570 Lighting. The application requests an alternative lighting plan. 4. No property may be removed from the covenants without written approval of the City of Bozeman. 5. The proposed ten foot utility easement on the east side of property must be provided for as shown on the final preliminary planned unit development plans, remove the word "proposed", and clear and unambiguous language that no structures, deep root foliage, or other hindrances to future access may be planted, placed„ erected, or other within the ten foot easement prior to final planned unit development plan approval. P.O. TDD: 406-582-2301 THE MOST LIVABLE PLACE. • • Page 4 of 7 BOZ E MAN MT Community Development 6. Public access easements must be provided for as shown on the preliminary planned unit development plans for all publicly accessible open space areas prior to final planned unit development plan approval. 7. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design standards may not be altered without consent of the City. 8. Section 38.430.090.E.2.a(b) all designate Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting diagram and be recorded simultaneously with the Final Plat. Alternatively include "Public Common Open Space" shown on the face of the Plat. 9. A notice prepared by the City must be filed concurrently with the plat so that it will appear on title reports. It must read substantially as follows: The Bridger View Redevelopment Planned Unit Development, Gallatin County, Montana is subject to specific design standards, unique building setbacks and design, and landscaping. These standards may be found in [insert correct reference to design standard location in covenants]. Lot owners are advised that these are specific to the Bridger View Redevelopment Planned Unit Development and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bridger View Redevelopment Planned Unit Development approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Bridger View Redevelopment Planned Unit Development._Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 10. If not already filed for the subject site,the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's)for the following: a) Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage c) Intersection improvements to Story Mill Road and Bridger Drive • East OlP.O.ive Street :. 40. .• Q 40. .. TDD: 406-582-2301 THE MOST LIVABLE PLACE. 0 • Page 5 of 7 BOZ E MAN MT Community Development The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof.The applicant must provide a copy of the filed SID waiver prior to final.plan approval. 11. Hillside Lane must be constructed to the property line on the west with a roundabout designed to specifications of the Engineering Department to accommodate the intersection with the Blue Silos Way and a connection with the Story Mill Community Park access road. Section 3—REQUIRED CODE CORRECTIONS All references are to the Bozeman Municipal Code. Planning Division,Tom Rogers, trogers@bozeman.net, 582-2260 1. BMC 38.220.300 and 310. The Property Owners' Association documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the final plat. 2. BMC 38.550.050.1. Irrigation plans are required to be submitted with the townhome landscape plan and the PUD open space landscape plan with the planned unit development final plan application. 3. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or other significant landscaping features and water and sewer services, unless explicitly included in the relaxations granted with the approved plans. 4. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger View Redevelopment Property Owners' Association (POA) documents must incorporate the stormwater maintenance plan and clearly state the responsibility for stormwater maintenance for all stormwater facilities. 5. BMC 38.270.030.D For concurrent construction per Section 38.270.030.D BMC. Provide final response to PUD concurrent construction and finalize.all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. O 1 East Olive Street © Box 1230 O 41. .1 O 406-582-2263 www.bozeman.net Bozeman, 1 TDD: 406-582-2301 THE MOST LIVABLE PLACE. • • Page 6 of 7 BOZ E MAN MT Community Development 6. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary plan.This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided;The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. 7. BMC 38.430.090.E.2.a(b) all designate Open Spaces used for PUD performance points must include a public access easement properly dimensioned with supporting diagram and be recorded simultaneously with the Final Plat. Alternatively include "Public Common Open Space" shown on the face of the Plat. 8. BMC 38.380.030 an Affordable Housing (AH)form is required. Please prepare a complete form and submit 45 prior to final plat submittal for review and possible approval. Engineering Division Comments,Anna Russell, arussell@bozeman.net, 582-2281 Bozeman, 1 TDD: 406-582-2301 THE MOST LIVABLE PLACE. . • Page 7 of 7 B.OZEMAN ""T Community Development Reviewers: 1. Forestry Division;Alex Nordquest, anordquest@bozeman.net, 406-582-3205 2. NorthWestern Energy; Cammy Dooley, cammy.dooley@northwestern.com 3. Building Division; Bob Risk brisk@bozeman.net,406-582-2377 4. Parks and Recreation; Mitch Overton, moverton@bozeman.net, 406-582-2908 5. Sustainability Division; Natalie Meyer, nmever@bozeman.net,406-582-2317 6. Solid Waste Division; Kevin Handelin, khandelin@bozerrian.net,406-582-3238 7. Water Conservation;Jessica Ahlstrom,iahlstrom@bozeman.net,406-582-2265 8. Stormwater Division; Kyle Mehrens,ikmehrens@bozeman.net,406-582-2270 9. Fire Department;Scott Mueller, smueller@bozeman.net,406-582-2353 10. Water and Sewer Division;John Alston,jalston@bozeman.net,406-582-3200 Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. Note: During preparation of the staff report, additional conditions of approval may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project. Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. • • B®Z E MAN MT Planning February 19, 2020 Susan Riggs,AICP Groundprint, LLC 1262 Stoneridge Drive Bozeman, MT 59718 RE: Bridger View Preliminary Planned Unit Development,Application 19464 Dear Ms. Riggs: The revised application for a Preliminary Planned Unit Development (PPUD) was received on January 23, 2020 and is under review. The application requires review by Design Review Board (DRB). The DRB is scheduled to consider the application on Wednesday, March 11, 2020 at 5:30 pm in the City Hall Commission Chambers located at 121 North Rouse Ave., which the applicant and representatives are encouraged to attend. If you have any questions, contact me at 582-2260 or trogers0bozeman.net. Respectfully, Tom Rogers,AICP Senior Planner C: Heather Grenier, HRDC District IX,Inc.,32 South Tracy Avenue, Bozeman,MT 59715 • :. 1 Q 1 © Bozeman, MT 59771-1230 Q 41. .1 © 41. .. TDD: 406-582-2301 THE MOST LIVABLE PLACE. Tom Rogers From: Susan Riggs <sriggs@groundprint.com> Sent: Wednesday, January 8, 2020 2:06 PM To: Tom Rogers Subject: Fwd: bridger view trash collection Looks like we are good to go'from Sanitation with the package as submitted. We can certainly detail out the doors, etc. with the Final PUD. They are planned to accommodate the required degree of swing. Susan Riggs, AICP www.jzroundprint.com 406.579.5844 ---------- Forwarded message --------- From: Russ Ward <RWard(@bozeman.net> Date: Mon, Jan 6, 2020 at 2:22 PM Subject: RE: bridger view trash collection To: Susan Riggs <sriggs(a@grroundprint.com> Yes two feet of clearance on both sides of the tub is enough. If doors are put on they will need to open 180 degrees anything less will not work. q�l Of ooze G� t A SOLID WASTE DMSION Russ Ward, ASSISTANT SUPERINTENDENT City of Bozeman—Solid Waste Division rward(cDbozeman.net 1406-582-3235 Dump on us.We can take it. I www.bozemansolidwaste.com Garbage•Recycling•Compost•Bulky Item Pickup•Roll-Off Services 1 ' From:Susan Riggs<sriggs@groundP#t.com> • Sent: Monday,January 6, 2020 2:13 PM To: Russ Ward <RWard@BOZEMAN.NET> Subject: Re: bridger view trash collection Thanks for the response Russ - We are showing 2' clear between the tubs and the fence detail. Does that work? 53'010M.crush tut> 2' - 2 X Gate Susan Riggs, AICP www. roundprint.com 406.579.5844 On Mon, Jan 6, 2020 at 8:59 AM Russ Ward <RWard@bozeman.net> wrote: Susan —the plan for recycling and trash locations will work, however I still will need a detailed plan for the enclosures. Enclosures for tubs are different than for dumpsters. We will need to ensure enough room for the claws to be able to reach the tubs because the tubs cannot be moved out as they have no wheels. 2 of 1130 SOLID WASTE DIVISION Russ Ward, ASSISTANT SUPERINTENDENT City of Bozeman—Solid Waste Division rward .bozeman.net 1 406-582-3235 Dump on us.We can take it. I www.bozemansolidwaste.com Garbage•Recycling•Compost•Bulky Item Pickup•Roll-Off Services From:Susan Riggs<sriggs@groundprint.com> Sent: Monday, December 30, 2019 1:44 PM To: Russ Ward <RWard@BOZEMAN.NET> Subject: bridger view trash collection Hello Russ: I hope you are enjoying the holidays. I wanted to follow up regarding sanitation comments for the Bridger View Redevelopment. On April 17, 2019, you met with folks from Comma Q to discuss options for sanitation pick up. The proposal below is based on those meeting notes. In summary, there are eight 450 gallon tubs proposed to be picked up twice per week along the north side of Millworks Way. These tubs are proposed to be enclosed by a fence only on three sides (with nothing above). For recycling, there are two locations proposed on the south side of Millworks Way that will be wheeled out for weekly pick up. I've attached the site plan with the tubs and recycling highlighted as well as two pages from the Design Guidelines that describe the pick up and show the likely truck route which was engineered to be maneuvered by a fire truck (which I understand also works for a garbage truck). 3 If this option still works, leaselPTom Rogers know so we can move ArPard with the proposed project. If P p g you have any questions or if there is something that needs to be amended, please let me know. p i Thank you very much and Happy New Year! N it 1 .Susan Riggs, AICP " www.groundprint.com u P 406.579.5844 a City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II, Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated.As such,this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information such as information related to individual privacy may be p protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II, Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated.As such,this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 4 Tom Rogers From: Kyle Mehrens Sent: Monday, December 9, 2019 2:42 PM To: Tom Rogers Cc: Anna Russell Subject: RE: Bridger View Redevelopment Tom, I had a good meeting with the Engineers behind this project. A few items their project includes: ➢ Decentralized Facilities - The proposed facilities are scattered across the development rather than combined into one large facility, a common Low Impact Development design approach. This allows for the localized management of stormwater rather than a long flow path where volume and pollutant load can increase. Integrated Facilities - The proposed facilities are located in high traffic areas. Facilities located in such areas are far more likely to receive maintenance than hidden facilities in low traffic areas. ➢ Maintenance Access - The proposed facilities have strategic maintenance access, which will preserve the 1 long-term function and operation of the facilities. ➢ Resilient Design - The proposed facilities are oversized when compared to the City's current design standards. The physical location of the subdivision does not allow for an obvious discharge point. As such, the facilities are much larger and can hold larger volumes of stormwater than typically required. Considering these reasons, I would say the stormwater design on this project is "above and beyond" what we would typically see on developments of this type. With that said, I am not sure how to assign a point total. Happy to discuss my comments and the points in more detail. I am sure Anna will have some great insight as well. Thank you, Kyle Mehrens I Stormwater Program Coordinator City of Bozeman 20 East Olive St. I P.O. Box 1230 1 Bozeman, MT 59771 P:406.582.2270 E: kmehrens@bozeman.net I W: www.bozeman.net/stormwater . Click the following link to view a short educational film-https://www.youtube.com/watch?v=/KLEzHBkh2s From:Tom Rogers Sent:Thursday, December 05, 2019 10:48 AM To: Kyle Mehrens<KMehrens@BOZEMAN.NET> Subject: Bridger View Redevelopment Kyle, I'm not totally clear how you are tuned into development applications so I figured I would contact you directly. We have received an application for a Planned Unit Development(PUD) and subdivision that includes considerable LID and other designs I would like to hear your comments on. In particular the applicant is using various LID designs to earn points towards their PUD. Assuming you may not have direct Oss to our planning folder here area few documents that.pertain the project. Thanks and lease let me know what you need. Tom Tom Rogers I Senior Planner I AICP City of Bozeman 120 East Olive St.I P.O.Box 1230 1 Bozeman, MT troaers@bozeman.net 1406.582.2268 The update to the Bozeman Community Plan is underway.Help shape the future at www.bozeman.net/communityplan. 2 Tom Rogers From: Susan Riggs <sriggs@groundprint.com> Sent: Thursday, December 5, 2019 11:57 AM To: Tom Rogers Cc: Martin Matsen Subject: Re: bridger view follow up Hi Tom & Marty: One of the fundamental principles of the Community.Housing Action Plan is to facilitate partnerships. With a mission-driven non-profit developer(HRDC), Bridger View Redevelopment provides an opportunity to put this principle into action. With 31 "missing middle" land trust homes preserved in a housing trust, this project is the perfect opportunity to demonstrate a partnership. So here is our request: we would like to have the chance to review and discuss the draft DRC comments before they are finalized. An example that comes to mind is the regional power line that cuts through the eastern portion of the property. Allowing an easement to be located in the oversized open space/right-of-way along Story Mill Road is one small thing that the City could do to partner on this project. We would like the opportunity to discuss potential partnerships like this before they become set in stone. Thank you. Susan Riggs, AICP www.groundprint.com.. 406.579.5844 On Mon, Dec 2, 2019 at 4:07 PM Tom Rogers <TRo ers@bozeman.net> wrote: Susan, I hope you had a great Thanksgiving as well.Yes, we can email Planning comments. The DRC did review the Bridger View application last Wednesday. Not all members were able to attend due to schedule conflicts and will provide comments when available. A number of issues were raised, I believe you and he team are ware of those, and will be detailed in the DRC memo being prepared. I . 1 With respect to the DRC process, I spoke to Brian and Mart and both stated a p icants are not a art of the DRC P p Y PP p review discussion at this time. Marty did suggest this concept at the initial City/Development meeting but it was not formally adopted as an option. DRC comments are in process and will be provided soon. Thank you, Tom Rogers I Senior Planner AICP City of Bozeman 120 East Olive St.I P.O.Box 12301 Bozeman,MT trociers@bozeman.net 1406.582.2268 The update to the Bozeman Community Plan is underway.Help shape the future at www.bozeman.net/communityplan. From:Susan Riggs<sriggs@groundprint.com> Sent: Friday, November 29, 2019 9:11 AM To:Tom Rogers<TRogers@BOZEMAN.NET> Subject: bridger view follow up Hi Tom: Happy Thanksgiving. I have a few questions regarding the Bridger View project: Could you email me any future correspondence that goes out in the snail mail? • Did the DRC discuss the Bridger View project on Wednesday? • Were there any major questions or issues.that we can' help answer? • Did you hear back if the process has changed regarding applicants being able to attend DRC meetings? Please feel free to call if that is easier- 579-5844. Thank you. 2 1 Susan Riggs, AICP 1 www. rg oundprint.com 4 406.579.5844 i City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art. II, Sect. 9) and may be considered a "public record" pursuant to Title 2, Chpt. 6, Montana Code Annotated.As such,this email, its sender and receiver,and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 3 i • Tom Rogers From: Alex Nordquest Sent: Wednesday, November 27, 2019 1:27.PM To: Tom Rogers Subject: Bridger View - Forestry Comments Hi Tom, My comments from today's DRC: • The Landscape Plan needs to include a Tree Protection Zone(TPZ)for existing trees along Bridger Drive.A typical TPZ details a fencing material and its perimeter around each tree to be preserved:The TPZ is a non-disturbance zone and no construction material shall be staged within. • I'm concerned about the potential conflict with trees and underground utilities on Blue Silos Way, and the walkway that runs parallel between Millworks Way and Hillside Lane.A compromise may be to opt for smaller species to reduce the likelihood of deep, spreading roots.These species are marked with a "U" in the City of Bozeman Street Tree Guide. Thanks and have a great Thanksgiving! Alex Nordquest City Forester (o)406-582-3225 (c)406-579-1721 BOZ E �;I1AN MT Forestry 1 Tom Rogers From: Bob Risk Sent: Tuesday, November 26, 2019 11:40 AM To: Chris Saunders; Danielle Garber;Tom Rogers; Brian Krueger; Sarah Rosenberg Subject: 11/27 DRC Comments Hi All- I'll be out of the office tomorrow,so here are our DRC comments for this week. Let me know if you have any specific questions about any of the projects. Thanks. Bob 1. 19468- Bozeman Cohousing ANNX • No comments at this time. 2. 19467-Town Pump Employee Parking • 1 handicap accessible space required. • Accessible path required from parking area/space to the site facilities. 3. 19466- Bridger View Redevelopment PP • No comments at this time. 4. 19464- Bridger View Redevelopment PUDP • No comments at this time. 5. 19463- Buffalo Run INF • No comments at this time. i 0 BOZEMAN " Planning November 14, 2019 Susan Riggs,AICP Groundprint, LLC 1262 Stoneridge Drive Bozeman, MT 59718 RE: Bridger View Preliminary Planned Unit Development,Application 19464 Dear Ms. Riggs: Your application for a Preliminary Planned Unit Development (PPUD) has been received and is under review. Comments from the Development Review Committee will be issued on or after December 4, 2019. The preliminary PUD plan requires review by the Design Review Board (DRB). The DRB is scheduled following DRC review and any required revisions that may be necessary to your PUD prior to continued review. If you have any questions, contact me at 582-2260 or troaers@bozeman.net Respectfully, Tom Rogers,AICP Senior Planner C: Heather Grenier, HRDC District IX, Inc., 32 South Tracy Avenue, Bozeman, MT 59715 Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. 19-It6q j Preliminary PUD Application Bridger View Redevelopment 10-01-19;10-29-19 01-23-2020 i� Y i F • r i CITY OF BOZEMAN ' CUSTOMER RECEIPT Oper; PROFCASH Type; EP Drawer: 1�' �. Date; 11/05/19 01 , Receipt no; 62814• Year Number Amount PZ PLANNING & ZONING $8559.95 BRIDGER VIEW PRELIM PUD Tender detail ' CK CHECK 1624BB $430.50, CK CHECK 1005 $$48.95 CK CHECK 4 162487 8080.50 ` Total tendered 8559.95 Ootal payment fn 18559.95 Trans date; 11/05/19 Time;.,15;08;38 THANK YOU! B 1\1c), z E M % K MTo Al Community Development DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE 4,4 �[f r^ ,•F ,j� � , � �.. `mac•- - I •x- i i PROJECT INFORMATION VICINITY MAP Project name: Bridger View Redevelopment Ot type(s): Planned Unit Development(PUD) Description: PUD to allow the creation of a new mixed income neighborhood with 62 homes,a common house and related site improvements Bridger Drive PROJECT Street address: �(� , i i S AREA Zip code: 59715 _ I c\,te. acz Zoning: approved for R3 05 `���� \ape�0 oC 8 acres NOVIUU 1t Story Mill Gross lot area: DEPAF 117—N, 10F \Community o Landscaped �T Park Block frontage: C0Nrlt�tl TM_aal U) Number of buildings: 72(57 residential buildings+14 common garages+1 common house) 4. Type and Number of dwellings: 62 / Non-residential building size(s) 1815 SF "Common House" f Non-residential building height(s): 2 stories"Common House" ' (in stories) Number of parking spaces: 138 i Affordable housing(Y/N): Y(half of the units will be part of a Community Land Trust) j ✓' Cash in lieu of parkland (Y/N): Y(improvements in lieu of parkland) CITY USE ONLY dotal date: Planner: Application file number: DRC required(Y/N): Revision Date: Development Review Application Al Page 1 of 3 Revision Date:5.16.18 REQUIRED FORMS: Varies by project type,PLS * DEVELOPMENT R&'I EW APPLICATION 1. PROPERTY OWNER • Name: HRDC(contact:Heather Grenier] ' Full address(with zip code): 32 South Tracy Ave,Bozeman,MT 59715 H Phone: 406-587!4486 N .. Email: hgrenier@thehrdc.org;tmenuez@thehrdc.org 2. APPLICANT Name: [same as above] Full address(with zip code): Phone: Email: 3. REPRESENTATIVE Name: Groundprint,LLC(contact:Susan Riggs,AICP] Full address(with zip code): 1262 Stoneridge Drive,Bozeman MT 59718 Phone: 406-579-5844 Email: sriggs@groundprint.com 4. SPECIAL DISTRICTS Overlay District: ❑ Neighborhood Conservation Z None • Urban Renewal District: ❑ Downtown ❑ North 7th Avenue ❑ Northeast ❑North Park ❑x None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s)and the property owner(s)(if different)for all application types before the submittal will be accepted.The only exception to this is an informal review application that may be signed by the applicants)only. As indicated by the signature(s)below,the applicant(s)and property owner(s)submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subject site during the course of the review process(Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of-my(our)knowledge. Certification of Completion and Compliance- I understand that conditions of approval may be applied to the application and that I will comply with any conditions of a,,,?tproval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct Accgrding to the Final Plan-I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. continued on next p• Development Review Application Al Page 2 of 3 Revision Date:5.16.18 REQUIRED FORMS: Varies by project type,PLS IODEVELOPM ENT R*I EW APPLICATION •Applicant Signature: Printed Name: _ Owner Signature: ^_ Printed Name: Heather Grenier, HRDC Aistrict IX, Inc. Owner Signature: Printed Name: If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures. 6. APPLICATION TYPES Check all that apply,use noted forms. FORM FORM ❑ 1. Pre-application Consultation None ❑ 17. Informal Review INF ❑ 2. Master Site Plan MSP ❑ 18. Zoning Deviation/Departure None ❑ 3. Site Plan SP ❑ 19. Zoning or Subdivision Variance Z/SVAR ❑ 4. Subdivision pre-application PA ❑ 20. Conditional Use Permit CUP ❑ 5. Subdivision preliminary plan PP ❑ 21. Special Temporary Use Permit STUP ❑ 6. Subdivision final plan FP 1122. Special Use Permit SUP ❑ 7. Subdivision exemption SE ❑ 23. Regulated Activities in Wetlands WR 8. Condominium Review CR ❑ 24. Zone Map Amendment(non-Annexation) ZMA 9. PUD concept plan PUDC 1125. UDC Text Amendment ZTA ❑x 10. PUD preliminary plan PUDP ❑ 26. Growth Policy Amendment GPA ❑ 11. PUD final plan PUDFP 1127. Modification/Plan Amendment MOD ❑ 12. Annexation and Initial Zoning ANNX ❑ 28. Extension of Approved Plan EXT ❑ 13. Administrative Interpretation Appeal AIA 1129. Reasonable Accommodation RA ❑ 14. Administrative Project Decision Appeal APA ❑ 30. Comprehensive Sign Plan CSP ❑ 15. Commercial Non-residential COA CCOA ❑ 16. Historic Neighborhood NCOA ❑ 31. Other: Conservation Overlay COA CONTACT US Alfred M.Stiff Professional Building phone 406.582.2260 20 East Olive Street 59715(FED EX and UPS Only) fax 406.582.2263 PO Box 1230 - planning@bozeman.net Bozeman, MT 59771 www.bozeman.net • Development Review Application Al Page 3 of 3 Revision Date:5.16.18 REQUIRED FORMS: Varies by project type,PLS BOZ E MAN MT • Community Development PLS PLANS AND SPECIFICATIONS INTRODUCTION In order for city staff to efficiently review your project in a timely manner, the application materials and the plan sets submitted must be clear, complete and thorough. This handout provides additional details for the application requirements outlined in the project checklists. If the requirements of this handout are met with your application it will minimize the delays that can occur when an application is unclear, incomplete or not formatted correctly. These requirements are mandatory. If the application materials do not meet these standards they will require correction, which will delay your project. GENERAL PLAN REQUIREMENTS 1. All plans and drawings must be accurately drawn, using a conventional scale such as 1:20 or 1:1/4, and with only one scale per sheet. Details may contain a separate scale if clearly labeled. 2. All text and annotations should be at a font size to enable it to be easily read - 10 point or more. Many plan sets require that 11" x 17" plan sizes be submitted. The text and annotations on plans that size must be readable when printed at that size. If plans are unreadable at the 11"x 17"size,they will not be accepted for review. 3. Plan sizes must meet minimum and maximum size requirements. No plans outside of the stated sizes will be accepted. 4. Plans/drawings must not contain disclaimers such as "Not to Scale" and "Do Not Scale." (perspectives excepted) and drawings must be drawn true to the stated scale(s). 05. Plans must not contain disclaimers such as "Preliminary" and "Not for Construction." 6. Provide all relevant measured dimensions annotated on the plans/drawings. For example label typical dimensions of parking spaces, drive accesses, drive aisles and sidewalks. 7. Consistent detailing. All existing and proposed site plan elements (e.g., sidewalks, parking spaces, fire lanes, building foot prints, etc.) must be labeled (unless a legend is provided) and dimensioned (unless a detail is provided). 8. The clearest way to present proposals is to group "existing" and "proposed" drawings side by side, using the same scale for both. 9. Each sheet and/or drawing must have a title box with the drawing name, sheet number and date clearly visible in bold. If sheets are updated or revised a new date must be applied to the sheet. For example, the civil utility plans might be labeled: C2.0 Utilities 05-01-2017. This is important as this will also be the digital file name. See naming protocol below. 10. The use of a title sheet for all general information, project team, data, calculations (parking, parkland, open spaces, and table of contents is required. The title must appear in bold letters across the top of the cover sheet. If the site plan includes a conditional use include the words "and Conditional Use." 11. If the project is part of an existing development the name of the existing development must appear in the title. For example, "Arbys at Bozeman Gateway" or "Building K at the Cannery District." 12. The vicinity map with zoning must be on the cover page. 13. A table of contents or plan schedule for all sheets in the plan set must be included on the title sheet with a date for each sheet. If revisions are required, the title sheet must be updated to reflect all revised sheets with a new date. 14. Fully annotated plans and drawings are more understandable, e.g. if a line is shown on the plan between • two properties or other conditions such as easements,it must be annotated by adding descriptors to clarify the site condition. Plans and Specifications PLS Page 1 of 4 Revision Date S-1-17 Required Forms: Applies to all applications Other Forms: None. 15. A legend for all line types and symbols must be included on plan sets. 16. The plan sheets must not be overly congested with line types. When in doubt produce an extra sheet that separates the information. For example, produce a separate utility and easement sheet for utilities t� clarify that information if the overall site plan contains too many lines and line types. ■'. 17. In general, the plan sheets are where most project information must be included. Separate cut sheets, exhibits, and summary tables on;b 1/2" by 11" will not be accepted. The only exception is for project narratives,property owners'association documents,SID documents, easements, agreements, maintenance plans,water rights information,payback district information, contracts, deeds,weed plans,and standalone technical reports such as traffic studies, wetland reports, sewer and water reports, environmental, etc. PARKLAND TRACKING REQUIREMENTS s 1. Parkland tracking on plans is required in 38.27.020BMC. This only applies to projects with residential development or residential units., 2. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, UDC must be provided with the final plat, preliminary plat layout (park site plan) or individual development site plan (if previously subdivided). A parkland dedication tracking table showing the parkland requirements for the overall subdivision and the method of meeting the parkland dedication shall be included on the site plan. The table shall explicitly state how much parkland acreage, cash-in-lieu, or value of improvements-in-lieu was approved and allocated, as well as what is being proposed, for each lot of the subdivision or site development. 3. If residential development, each phase, lot or individual site plan of the development must have a copy of the parkland dedication tracking table provided below included on the site plan. Contact the Parks Department if you have questions on how to fill out the table. 4. If improvements in lieu are proposed for an existing park within the subdivision, a detailed park improvement site plan, including layout and product manufacturer cut sheets with a cost estimate for all improvements must be provided for Parks Department review. The Parks Department will provide a comparison chart indicating the value of code-required basic improvements versus proposed improvements. • 5. Unless previously provided, provide the appropriate waiver of protest for future park maintenance district statement on the plat or site plan. Contact the Parks Department if you are uncertain if a waiver has been granted. 6. The parkland dedication tracking table that must be included on plans is as follows. If you have questions on how to fill out this table contact the Parks Department. PUBLIC PARK LAND DEDICATION TRACKING TABLE CURRENT PREVIOUS PHASES TOTAL FOR THIS PHASE/LOT PHASE/ LOT PHASE/LOT* SUBDIVISION NAME: SUBDIVISION PROPOSAL ---------------------- ---------- ---------- ---------- PROJECT NAME:-------------------------- PARK DED AC CIL PARK DED AC, PARK DED AC &/OR III, CIL&/OR IIL CIL&/OR III, NUMBER OF RES. UNITS PER PHASE/ LOT /SITE PLAN: ACREAGE PARK LAND AND /OR CIL REQUIRED: ** VALUE OF IMPROVEMENTS IN LIEU PROPOSED: $ VS.VALUE OF CODE- REQD. BASIC PARK IMPROVEMENTS: $------------------- (ATTACH COMPARISON CHART SPREADSHEET ACREAGE PARK LAND PREVIOUSLY DEEDED TO COB: Plans and Specifications PLS Page 2 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None. I ACREAGE PARK LAND YET TO BE CONVEYED: ` PARK MASTER PLAN APPROVAL DATE: •*INDICATE ADDITIONAL PHASES AS APPLICABLE **SHOW ACTUAL CALCULATIONS COLOR AND MATERIAL PALETTE 1. Color and material palettes are required for all new buildings and structures. A color and material palette must include all the proposed exterior building materials for all structures and site details. 2. The exterior building materials must include all siding,trim,roofing,windows,stairways,doors,balconies, railings windows, storefront, glass/glazing, walls, mechanical screening, trash enclosures, accessory equipment enclosures (generator, etc.), awnings and other architectural elements. 3. For smaller less complex projects that are using readily known building materials, a color and material palette may be presented in color on an 11" x 17" sheet that includes a color picture of the material and the specification. Each material must be keyed to the building elevations. 4. For larger, more complex projects the palette must be presented on a physical board with samples of the proposed building materials in their proposed color. Each sample must have a specification and be keyed to the building elevations. S. Color perspectives that depict the building accurately and with the proposed building materials are encouraged to be submitted with each application. The color perspective does not satisfy the color and materials palette requirement. APPLICATION SETS 1. Application sets are independent sets of information that include one copy of all information submitted with the application. 2. Application sets that include legal documents, letters, technical reports, narratives, studies and other documentation in addition to plan sheets must include a copy of each item in each application set. All documentation of this type must have a visible and clear date of preparation on the front sheet of the document or study. 3. Three total sets of all information are required with most applications. Two of the sets must include full size plans, one set may include 11" x 17" plans. Full size plan set sizes must not exceed 24" x 36." 4. Application sets must be bound and two hole punched at the top of the page. Three ring binders with three hole punch are not accepted. 5. If 11" x 17" plans are included, do not trifold them. Fold them in half, then fold the right half back on itself at a 45 degree angle in order to accommodate a two hole punch at the top. Plans must be accessible to be unfolded when bound in a two hole file. ' 6. Application sets should be organized and collated in the following general order 1) cover sheet/routing sheet 2) applications and checklists; 3) narratives/responses/photographs; 4) legal docs: CC&R's, easements, deeds, agreements, CIL water rights, etc.; 5) plans; 6) appendices: standalone technical reports 7. Project narratives and responses must not be overwritten or provided on the application checklists. If responding to a checklist item provide a response on a separate document. 8. Plans must be grouped by discipline: Civil, Architectural, Landscape and Electrical/Lighting. 9. All plans must be stapled together and folded to a final size of 8 1/2" x 11" or 8 1/2" x 14".If the plan set is large the plans must be stapled into sets by discipline and folded independently. State law requires us to keep a full size paper copy of all plans in our files. The plan sets must be folded so that they can be filed in . the project archives. Plans and Specifications PLS Page 3 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None. • DIGITAL COPIES AND NAMING PROTOCOL The city requires digital copies of all planning applications in order to produce cost savings, eliminate paper waste and enhance the flow of information between the city, external agencies, neighborhoods and the applicant. The digital copy must include a copy of all documents and plan sheets submitted as part of • the application. The following requirements apply to digital copies. 1. Two digital copies are required with most applications. The copies may be on CD or on a USB drive. 2. The digital copies must be separated into three categories: Documents, Plans and Appendices. 3. Naming protocol. Each individual document or plan sheet must have a proper name and date. The name should be easily understandable. Groups of plan sheets or document sets with multiple types of documents will not be accepted. Plan sheets must include the sheet number. For example a document might be labeled "Al Development Review application 05-01-2017" or "City Parkland Deed 05-01-17." Plan sheets are required to be listed individually. For example a plan sheet might be labeled "A300 Floor Plan level 1 and 2 05-01-2017" or "PM Photometric Plan 05-01-17." Do not include other tab, section or other references in the digital file names. 4. No individual files will be accepted that are larger than 5 mb. Files that are larger must be broken down into smaller files. 5. Label all CD's with the project name and date. Attach a small tag to all USB drive with the project name and date. CONTACT US Alfred M.Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59771 www.bozeman.net R • • Plans and Specifications PLS Page 4 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None. BOZ E MAN MT Community Development PUDP PUD PRELIMINARY PLAN REQUIRED MATERIALS APPLICATION SETS 2 total sets are required that include 1 copy of every item below bound or folded into 81h x 11 or 81h x 14 sets. 0 Complete and signed development review application form Al. XI Complete materials required by the SP1 checklist. ❑X Materials and plans that include all the required items listed in the preliminary PUD plan checklist below. Standard application sets required plan sizes: 2 sets that include full size 24 x 36 inch plans 0 2-digital versions of all materials (JPEG or PDF) on separate CD-ROM's or USB drives. Individual files must be provided at 5MB or less in size. Files shall be-named according to naming protocol. All plans must be drawn to scale on paper not smaller than 81h x 11 inches or larger than 24 x 36 Notes: inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound into sets will not be accepted. NOTICING MATERIALS X Completed and signed property adjoiners certificate form N1 and materials • APPLICATION FEE X❑ Base fee $1,708 If follow up site plan $45 per dwelling unit not to exceed 150 dwelling units; required: $140 per 1,000 square feet on non-residential space not to exceed 150,000 square feet. If no follow up site plan required: $95 per dwelling unit not to exceed 150 dwelling units; $530 per 1,000 square feet for 0-30,000 square feet of non-residential space; additional $250 per 1,000 square feet above 30,000 not to exceed 150,000 square feet. Buildings with 4 or more $102 per 1,000 square feet after initial 30,000 square feet not to exceed stories: 150,000 square feet. PUD PRELIMINARY PLAN CHECKLIST A Planned United Development (PUD) Preliminary Plan review is the second step in the PUD entitlement process. When a subdivision is proposed in conjunction with a zoning PUD the subdivision review shall be coordinated with the zoning review and a subdivision preliminary plat application shall also be submitted concurrent with this application. 1• Overall project narrative providing a thorough and extensive description of the overall project including design intent, project goals, project timeframe, proposed uses, site improvements and buildings. 2. A complete list of proposed relaxations to the BMC listed by individual section and reason for the • relaxation. Planned Unit Development Preliminary PUDP Page 1 of 3 Revision Date 3-30-19 .Required Forms: Al, SP1 Recommended Forms: 3• Name, mailing address and full contact information for project team including: owner, developer, architect, civil engineer, landscape architect/designer and electrical engineer. 4• A title report for subdivision or proposed subdivision guarantee with all current property ownership. 5. Data regarding site conditions, land characteristics, available community facilities and utilities and other related general information about proposed uses, adjacent land uses and the uses of land within one-half mile of the subject parcel of land both existing and proposed.This shall be in narrative and/or table formats. Provide the following supporting maps: existing land use map, community plan land use designation map, city zoning map, neighborhood and entryway overlay map for property showing conditions within 200 feet of the project boundaries. 6. Overall land use ratios for: a. existing footprints of existing buildings and structures b. proposed buildings and structures c. driveways and parking areas d. streets, roads and alleys with areas of rights of way identified separately e. private open spaces for residential uses f. landscape areas f g. city parklandl 7. Overall project floor area ratio, (FAR) and net residential density. 8. Development Schedule. If phasing is proposed, provide narrative clearly describing project phasing with the proposed phasing of all infrastructure, buildings, driveways and parking and landscaping. 9• Phasing Plan exhibit clearly showing all site and infrastructure improvement with phase boundaries including detailed limits of construction and approaches to mitigate any conflicts with phase boundaries and site safety and function. 10. Phasing table that shows phase area and data for each phase including: area in acres and square feet, lot area in acres and square feet, building foot print square feet, building floor area, FAR, street right • of way, common opens space, landscaped area, PUD open space square feet and percentage of total, PUD performance points by type and parking space requirements. 11. Table of proposed buildings include phase information, footprint, gross square footage, stories, whether building is existing or proposed, and building use designations by building floor. 12. Colored aerial vicinity map within one-half mile of the site with project site and other significant community facilities, streets, trails, watercourses, railways, highways and other applicable features identified by name. 13. Overall site illustration in color showing all building foot prints, landscaped areas, site circulation including vehicular, bike, and pedestrian facilities. 14. Statements of objectives and conformance to city policy and plans: a.Statement of applicable City land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the Bozeman Community Plan, provide specific land use goals and objectives in the Community Plan that are furthered by the proposed PUD; b. Statement of proposed ownership of public and private open space areas and applicant's intentions with regard to future ownership of all or portions of the PUD; c. Estimate of number of employees for business, commercial, and industrial uses; d. Description of rational behind the assumptions and choices made by the applicant; e. The applicant shall submit as evidence of successful completion of the applicable Community Design objectives and Criteria of Section 38.20.090.E, 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 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,- Planned Unit Development Preliminary PUDP Page 2 of 3 Revision Date 3-30-19 Required Forms: Al, SP1 Recommended Forms: F ' it • ' • f. Detailed description of how conflicts between land uses are being avoided or mitigated; g. Statements of design methods to reduce energy consumption, (e.g. - home/business, utilities, • transportation fuel, waste recycling). 15. If not provided by subdivision application materials, physiographic data and summaries for: landforms and geology and soils; hydrology; vegetation; noxious weeds; wildlife and viewsheds. If the project is a brown field site, provide site history, data and copies of any environmental site assessments that have been completed. An approved noxious weed management plan must be submitted. 16. Narrative descriptions of site access and overall utilities including an overview, parking, existing and proposed condition of the streets providing access to the site, proposed accesses to the site and utilities including water, sewer, storm drainage, solid waste, gas, electric and shallow franchise facilities. 17. Development and Design Guidelines per Section 38.20.070.D.2 BMC. 18. Comprehensive Signage Plan, if applicable. CONTACT US Alfred M.Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59771 www.bozeman.net Planned Unit Development Preliminary PUDP Page 3 of 3 Revision Date 3-30-19 Required Forms: Al, SP1 Recommended Forms: M T• • SP1 BOZEMAN Community Development SITE PLAN CHECKLIST SITE PLAN REQUIREMENTS ALL INFORMATION AND ITEMS BELOW MUST BE ON SITE PLAN SHEETS AND NOT PRESENTED ON SEPARATE ATTACHMENTS EXCEPT 1, 47, 77, 78, 79, 82, 83 AND STORMWATER, SEWER, WATER AND WETLAND REPORTS, IF PROVIDED. GENERAL INFORMATION 1. Project narrative describing the project type,proposed use scope,size(dwellings,building size(s),building height(s),number of X❑ buildings,number of total parking spaces)intent,and phasing,if applicable.The narrative must include a response to the City's conceptual review comments. 2. Name of project/development. X❑ 3. Name and mailing address of developer and owner. X❑ 4. Name and mailing address of engineer,architect, landscape architect,planner,etc. X❑ 5. Location of project/development by street address/legal description. ❑X 6. Location/vicinity map, including area within one-half mile of the site. ❑X 7. A construction route map showing how materials and heavy equipment will travel to and from the site. ❑X 8. Location, percentage of parcel(s)and total site,and square footage of the following: a. Existing and proposed buildings and structures. ❑X • b. Driveway circulation and parking areas. ❑X c. Landscaped areas. ❑X d. Private open space,provide boundary/ies and dimensions of each space provided(if residential requirement)on plans or ❑X separate exhibit.Provide a summary total types of dwelling units and total open space required and provided. e. City Parks. ❑ f. Other public lands(school sites,public access greenway corridors,trail corridors). ❑X SITE PLAN GENERAL 9. Boundary line of property with dimensions. OX 10. Date of plan preparation and changes. ❑X 11. North point indicator. ❑X 12. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet. ❑X 13. Parcel size(s) in gross acres and square feet. ❑X 14. Estimated total floor area and estimated ratio of floor area to lot size(floor area ratio, FAR),with a breakdown by land use. ❑X 15. Total number(with number of bedrooms),type and density per type of dwellings,and total new and gross residential ❑X density and density per residential parcel.The density per parcel must be presented as net residential density per Section 38.700.130 BMC. • Site Plan Checklist SP1 Page 1 of 6 Revision Date:5.16.18 REQUIRED FORMS: Al,SP,N1, PLS,DEM (if demolition),WR(if wetlands),AH(if affordable housing) SI0 PLAN CHECKLIST SITE PLAN DETAILS • THE LOCATION, IDENTIFICATION AND DIMENSIONS OF THE FOLLOWING EXISTING AND PROPOSED DATA, ONSITE AND TO A DISTANCE OF 100 FEET(200 FEET FOR PUD'S) OUTSIDE THE SITE BOUNDARY, EXCLUSIVE OF PUBLIC RIGHTS-OF-WAY UNLESS OTHERWISE STATED. 16. Topographic contours at a minimum interval of 2 feet,or as determined by the Director. ❑X 17. Location of City limit boundaries,and boundaries of Gallatin County's Bozeman Area Zoning Jurisdiction,within or near ❑X the development. 18. Existing zoning within 200 feet of the site. X❑ 19. Adjacent streets and street rights-of-way to a distance of 150 feet,except for sites adjacent to major arterial streets where the X❑ distances shall be 200 feet.The full width of the street including curb,gutter,sidewalk, drive approaches, intersections and street lighting must be shown for both sides of the street. 20. Block frontages. ❑X 21. On site streets and rights-of-way. Including curb gutter,sidewalks,and street lights. ❑X 22. Ingress and egress points. ❑X 23. Traffic flow on site. ❑X 24. Traffic flow off site. X❑ 25. All parking facilities, including circulation aisles,access drives,covered and uncovered bicycle parking and bicycle rack type ❑X and detail,compact spaces,ADA accessible spaces and motorcycle parking,on-street parking(delineated by a 24'long under interrupted space(s)directly adjacent to the project site outside of site vision triangles and hydrant locations), number of employee and non-employee parking spaces,existing and proposed,and total square footage of each. 26. Setbacks, building footprint and any proposed encroachments.Any setback or property line encroachments must be clearly shown and be noted with encroachment type e.g.awning,weather protection,cantilever, lighting,eave,etc. 27. Utilities and utility rights of way and easements existing and proposed, including: a. Electric. ❑X b. Natural Gas. ❑X c. Telephone,cable and similar utilities. ❑X d. Water. ❑X e. Sewer(sanitary,treated effluent and storm). ❑X 28. Surface water, including: a. Ponds,streams and irrigation ditches(include classifications be based upon a determination of the Gallatin Conservation District; ❑ note classification of each feature on plans). b. Watercourses,water bodies and wetlands(include classifications based upon a determination of the Gallatin Conservation District, ❑ Army Corps of Engineers,or Wetland Delineation Report;note classification of each feature on plans). c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100 year ❑ floodplain through additional floodplain delineation,engineering analysis,topographic survey or other objective and factual basis. d. A floodplain analysis report in compliance with Article. ❑ 29. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as ❑X required by the Engineering Division,or in compliance with B.M.C.Section 14 storm drainage ordinance and best management practices manual adopted by the City.All surface stormwater facilities must demonstrate compliance with Section 38.410.080 BMC including providing cross sections for each facility. • Site Plan Checklist SP1 Page 2 of 6 Revision Date:5.16.18 REQUIRED FORMS: Al,SP, N1,PLS,DEM(if demolition),WR(if wetlands),AH(if affordable housing) 0 SIO PLAN CHECKLIST All drainageways,streets,arroyos,dry gullies,diversion ditches,spillways, reservoirs,etc.which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway(where appropriate). ❑ b. The downstream conditions(developed available drainageways,etc.). ❑ c. Any downstream restrictions. ❑ 31. Significant rock outcroppings,slopes of greater than 15 percent or other significant topographic features. ❑ 32. Sidewalks,walkways,driveways,crosswalks, loading areas and docks, bikeways, including typical details and ❑X interrelationships with vehicular circulation system,indicating proposed treatment of points of conflict. 33. Provision for handicapped accessibility, including but not limited to,wheelchair ramps,parking spaces, handrails and curb cuts, ❑X including signage and construction details and the applicant's certification of ADA compliance.A certification block must be provided on the plan sheets. 34. Fences,walls, railings and handrails, including typical details. ❑X 35. Permanent trash enclosure and refuse collection areas, including typical details and elevations. ❑X 36. Construction management plan include exterior construction period material staging,spoils location and construction trash ❑X enclosure location(s).A trash container type must be provided and detailed (40 yard roll off,fenced enclosure,etc.). If spoils storage is proposed a timeline for removal must be provided. 37. Curb,asphalt section and drive approach construction details. ❑X 38. Location and extent of snow storage areas. ❑X 39. Location and extent of street vision triangles extended to center of right of way including adjacent street intersections and X❑ all alley and driveway access points. • Unique natural features,significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter X❑ greater than 2.5 inches, by species. 41. Historic,cultural and archaeological resources,describe and map any designated historic structures or districts, ❑ and archaeological or cultural sites. 42. Major public facilities, including schools, parks,shared use pathways,trails,etc.within a distance of 200 feet. X❑ PARKLAND AND AFFORDABLE HOUSING 43. If residential, provide the required parkland for the development, including calculations per Section 38.420 BMC(Park and X❑ Recreation Requirements) in a table format,see table format in the PLS document. 44. If cash in lieu is proposed,a thorough calculation including the base requirement and any net based upon maximum density, 0 narrative addressing the findings the City must make to grant cash in lieu,and the appraisal must be provided to make the request per Section 38.420.030 BMC,unless using city valuation. 45. If parkland is proposed a park plan shall be submitted consistent with Section 38.220.060.A.16 BMC. ❑ 46. Source and amount of parkland credit to be used if previously provided. If from a subdivision confirm amount provided and ❑ detailed phase information as required in table format outlined in the PLS document. 47. Describe how the site plan will satisfy any requirements of Section 38.380, BMC(Affordable Housing)which have either been ❑X established for that lot(s)through the subdivision process or if no subdivision has previously occurred are applicable to a site plan.The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to the section's compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. If affordable housing is not being provided place that statement on the site plan sheets with the site data in item 8. If affordable housing is provided,or cash in lieu is proposed use form AH. ❑ Site Plan Checklist SP1 Page 3 of 6 Revision Date:5.16.18 REQUIRED FORMS: Al,SP,N 1,PLS, DEM (if demolition),WR(if wetlands),AH (if affordable housing) SI*= PLAN CHECKLIST LIGHTING DETAILS 49. Lighting plan and electrical site plan,complete with all structures,parking spaces,building entrances,traffic areas(both vehicular �] and pedestrian),vegetation that might interfere with lighting,and adjacent uses,containing a layout of all proposed fixtures by location and type. 50. A photometric lighting plan that contains a layout of all proposed fixtures by location and type and extends the photometric ❑X information to the property boundaries and rights of way. For fueling canopies a second photometric plan is required to specifically analyze the light output underneath the drip line of the fuel canopy. 51. Details for all proposed exterior fixtures that are keyed to the fixtures noted in the lighting electrical plan and the photometric lighting plan.The detail must demonstrate compliance with full cut-off requirements in Section 38.570 BMC and be located on the lighting plan sheets. BUILDING DESIGN AND SIGNAGE 52. Front, rear and side elevations of all buildings,structures,fences and walls with height dimensions and roof pitches. ❑X Show open stairways,exterior lighting,weather protection,awnings and other projections from exterior building walls. Building elevations must include proposed exterior building materials,windows and doors including a color and material palette for all proposed features keyed to the building elevations. 53. Provide transparency calculations for any elevation that faces a street and is a block frontage. Provide minimum and maximum ❑ height of transparency from grade. Provide area of transparency and percentage in relation to total facade. 54. Provide elevations and details of all ground mounted and rooftop mechanical screening. ❑ 55. Floorplans that include all floors and roof plan.Annotate/designate uses for all rooms and areas.Seating/serving area ❑X layout required for all restaurants. 56. Exterior signs if applicable.Include building frontage dimension(s)and maximum sign area calculation,provide sign dimensions and square footage of each. Note—The review of signs in conjunction with this application is only review for sign area compliance with Section 38.560 BMC(Signs).A sign permit must be obtained from the Building Division prior to erection of any and all signs,addition design guidelines apply for signs within zoning Overlay Districts. LANDSCAPE PLAN A SEPARATE LANDSCAPE PLAN SHALL BE SUBMITTED AS PART OF THE SITE PLAN APPLICATION UNLESS THE REQUIRED LANDSCAPE INFORMATION CAN BE INCLUDED IN A CLEAR AND UNCLUTTERED MANNER ON A SITE PLAN WITH A SCALE WHERE ONE INCH EQUALS 20 FEET ALL INFORMATION MUST BE ON PLAN SHEETS. 57. Project name,street address,and lot and block description. ❑X 58. Date,scale,north arrow,and the names,addresses,and telephone numbers of both the property owner and the person preparing ❑X the plan. Plan preparer shall be a state registered landscape architect;an individual with a degree in landscape design and two years of professional design experience in the state;or an individual with a degree in a related field (horticulture, botany, plant science,etc.)and at least five years of professional landscape design experience,of which two years have been in the state. 59. Location of existing boundary lines and dimensions of the lot. ❑X 60. Existing and proposed grade that complies with maximum allowable slope and grade. ❑X 61. Approximate centerlines of existing watercourses,required watercourse setbacks,and the location of any 100-year floodplain; ❑ the approximate location of significant drainage features;and the location and size of existing and proposed streets and alleys, utility easements, utility lines,driveways and sidewalks on the lot and/or adjacent to the lot. 62. Location of all pavement,curbs,sidewalks and gutters. X Site Plan Checklist SP1 Page 4 of 6 Revision Date:5.16.18 REQUIRED FORMS: Al,SP, N1,PLS, DEM (if demolition),WR(if wetlands),AH(if affordable housing) SI0 PLAN CHECKLIST Show location of existing and/or proposed drainage facilities which are to be used for drainage control including proposed _, 0 landscaping and seeding as required by Section 38.410.080.H BMC. 64. Location and extent of snow storage areas. 0 65. Location and extent of street vision triangles,extended to the center of right of way. ❑X 66. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, X❑ names(common and botanical name),locations,quantities,container or caliper sizes at installation,heights,spread and spacing and identification of drought tolerant and/or native and adapted species.The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated. 67. Size of planting at the time of installation and at maturity. 0 68. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including 0 information as to the amount(in square feet)of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces. 69. Street frontage landscaping, including boulevard details and tree grate details as applicable based upon block frontage. 70. Locations and dimensions of proposed landscape buffer strips,including watercourse buffer zones demonstrating compliance ❑ with watercourse setback planting plan requirements per Section 38.410.100.A.2.F BMC unless previously provided during subdivision review. 71. Location, height and material of proposed landscape screening and fencing(with berms to be delineated by one foot contours). ❑X 72. An indication of how existing healthy trees(if any)are to be retained and protected from damage during construction. ❑X 73. Size, height, location and material of proposed seating, lighting, planters,sculptures,and water features. 0 74. A description of proposed watering methods including any use of high efficiency irrigation technologies and best practice, ❑X • source of irrigation water and estimated amount of water consumption broken down by vegetation type(e.g.turf,shrubs,trees) and total estimated water consumption. 75. Areas to be irrigated and type of proposed irrigation and the irrigation system design plan. 0 76. Tabulation of performance points earned by the plan per Section 38.550.060 BMC. ❑X STREETS AND TRAFFIC 77.• Traffic study.Street,traffic,and access information required in Section 38.220.060.A.12 BMC or that the requirement 0 is waived in writing by the Engineering Division prior to application submittal. WATER AND WATER RIGHTS 78. Water rights information. If cash in lieu is proposed a cash in lieu of water rights calculation and payment amount certified by ❑ the Engineering Division. 79. If water wells are proposed,a letter from the Department of Natural Resources confirming their intent to issue a permit ❑ or exemption. DEVIATIONS 80. Either through the site plan requirement above or separate exhibit clearly show any proposed deviations related to site ❑X requirements such as yards/setbacks, lot coverage, parking or other applicable standards. 81. Either through the building elevation requirement above or separate exhibit clearly show any proposed deviations related to ❑ building construction such as height,second story additions,or other applicable standards. Site Plan Checklist SP1 Page 5 of 6 Revision Date:5.16.18 REQUIRED FORMS: Al,SP,N1,PLS,DEM(if demolition),WR(if wetlands),AH (if affordable housing) SI*- PLAN CHECKLIST 82. For deviations in the Neighborhood Conservation Overlay a deviation narrative shall be provided stating which Section(s) of the Bozeman Municipal Code are proposed for deviation,to what extent and include a response to the following: a. How the modification is more historically appropriate for the building and site in question and the adjacent properties,as determined in Section 38.340.050 BMC than would be achieved under a literal enforcement of this chapter(Chapter 38,BMC); b. How the modifications will have minimal adverse effect on abutting properties or the permitted uses thereof;and El c. How the modifications will assure the protection of the public health,safety and general welfare. ❑ d. How the requested deviation will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community. If more than one deviation,a response to the criteria shall be provided for each deviation. DEPARTURES -- 83. For departures,a departure narrative must be provided stating which Section(s)of the Bozeman Municipal Code are proposed El for departure,the scope and extent of the plan proposed for departure and a response to the required departure criteria. If more than one departure,a summary and response to the criteria must be provided for each departure. CONTACT US Alfred M.Stiff Professional Building phone 406.582.2260 20 East Olive Street 59715(FED EX and UPS Only) fax 406.582.2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59771 www.bozeman.net• Site Plan Checklist SP1 Page 6 of 6 Revision Date:5.16.18 REQUIRED FORMS: Al,SP,N 1,PLS,DEM(if demolition),WR(if wetlands),AH(if affordable housing) BOZ E MAPMT L• Community Development N1 NOTICING MATERIALS Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS ❑ Completed and signed property adjoiners certificate form N1. ❑ Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. ❑ Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project RI site and not physically contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS. ® Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. Legible list of full names and addresses of all property owners physically contiguous (touching © a boundary) including recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list CONTIGUOUS. • Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and ® addresses of the physically contiguous property owners including recorded purchasers under contract for deed. ❑x Two sets additional mailing labels with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed attached. NOTICE Current property owners of record can be found at the Gallatin County Clerk and Recorder's Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana. CERTIFICATION 1,__Cordell Pool____________________________, hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all condominium owners, within 200 feet of the property located at Aporox_900 Bridger Dr1v_e is a 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 CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59771 www.bozeman.net Noticing Materials Page 1 of 1 Revision Date 03-07-18 Required Forms: N1 Recommended Forms: Required Forms: BRIDGER VIEW REDEVELOPMENT PROJECT- ADJACENT OWNERSHIP FIGURE 7 8A 10 1 12 13 14 0 8B 9 Aal a 86 a CD SUBJECT PROPERTY: 2 .,^ BRIDGER VIEW �7 � REDEVELOPMENT t c+, 6 2 15 2 m 5 4 16 71 17 fl,41111B-aftn= E-Griffin•D 4 Pr� lir�� ir� � r Pl � r� r� � � Unit y D � velo • r�� er� tA • • lic � ti � r� • i • • -- �C-'• �•_�+ ^' ^bi his � '� ,/ i ._l � �ti Li \ (�� ; �;.:J� K• ��� I���'�E:����i�,� ;���J'C7�(� ° •Flldllllllllllllll��l6 :r ' n�u 'hf r� 1��4 • y�;- '-ter ~'�s\�� 6 • Section 00 - Table of Contents Documents Section 00 Table of Contents Section 01 Project Summary & Document Organization Section 02 Application & Checklists 02.a Al 02.b PLS 02.c PUD-P 02.d SP-1 02.e N1 + Map + List 02.f RC Section 03 Narrative Response to City Comments Section 04 List of Relaxations & Justifications Section 05 PUD Point Calculations Section 06 Development Schedule • Section 07 Statement of Planning Objectives Section 08 Supplemental Plan Requirements Drawing Set Section 09 Drawing Set CS1.0 Cover Sheet SP1.0 Architectural Site Plan Overall SP2.0 Architectural Site Plan: Common Structures SP3.0 Architectural Site Plan: Units SP4.0 Architectural Site Plan: Parking Plan Civil CO.1 Civil Specifications C0.2 Plat Summary Map CO.3 Existing Conditions Plan C1.0 Demolition Sequencing & Construction Facilities Plan C1.1 Civil Site Plan • C1.2 Shallow Utility Plan Bridger View Redevelopment Preliminary PUD Application 1 �i w, C2.0 Water Plant; C3.0 Sewer Plan C4.0 Paving Plan C4.1 Drainage and Grading Plan C4.2 Site Details' C4.3 Drainage Details C5.0 Signage and Striping Plan C5.1 Signage and Striping Details Landscape 1-1.0 Hardscape Plan L2.0 Planting Plan L2.1 Enlarged Planting Plans L2.2 Enlarged Planting Plans L2.3 Enlarged Planting Plans L2.4 Planting Details • L2.5 Irrigation Schematic L2.6 Planting Details L3.0 Open Space Plan L4.0 Snow Storage Electrical E1.0 Lighting Plan E2.0 Light Fixtures E3.0 Photometric Plan Architecture A1.0 Common Structures: Common House A1.1 Common Structures: Parking Structures A1.2 Common Structures: Trash enclosures, Fences A2.0 Unit Design: Farmhouse 2 Bedroom A2.1 Unit Design: Farmhouse 3 Bedroom A2.2 Unit Design: Bungalow 1 Bedroom A2.3 Unit Design: Bungalow 2 Bedroom • A2.4 Unit Design: Parkside Unit Bridger View Redevelopment Preliminary PUD Application • Appendices Section 10 Appendices 10.a Design Guidelines 10.b Covenants (Master Declaration), Bylaws &Articles of Incorporation 10.c Affordable Housing Plan 10.d Community Housing Plan 10.e Ground Lease Documents 10.f Preliminary Platting Certificate 10.g Application for Concurrent Construction • Bridger View Redevelopment Preliminary PUD Application • • J BRIDGER VIEW redevelopment Section 01 Project Summary & Document organization Bridger View Redevelopment Preliminary Planned Unit Development Application 00 HRDC 4 ,�;� • ,: 1; . 4. j 1,, I� � f� M 1 • ` { • (� I�+ �� �i ,� �� ,A 1 N' �N ., k� i' r �I i` 9' IYI Ai AI I ,11'E �� • Y 4 '�� r • ��� � � Ili , � ,g:. �1. ,p 19 ® 404 • Project Summary _.- 1 J9 i I D _ P1 .1 ! NOV 8 5 2019 it Project - DEPARTfvI�id i U1= Bridger View is envisioned as a diverse neighborhood where household0alfluah6us riincom'ePMENT j levels, stages of life, sizes and backgrounds can afford to purchase a home in Bozeman. The new neighborhood features 62 modest, well-designed houses compatible in scale with Bozeman's older neighborhoods. The design provides adequate parking while emphasizing pedestrian pathways and connectivity including adjacency to the new Story Mill Community Park and regional trails. Characteristics include a comfortable neighborhood scale, walkable streetscape, modest size, simple construction and shared community spaces. Porches, front yards, sidewalks, shared courtyards and tree-lined streets offer a welcoming setting. The Human Resource Development Council (HRDC) plans to develop the neighborhood in its entirety ensuring a level of quality design and overall coordination. Exceeding the standards of Bozeman's Inclusionary Zoning Ordinance, 50 percent of the houses will be perpetually affordable to households of moderate income. A new community land trust (CLT) will be established, drawing on the expertise and capacity of HRDC, to permanently preserve the condition and availability of affordably priced homes at Bridger View. Market rate and CLT homes will be interspersed throughout the site, indistinguishable in quality and design. • This project will create an innovative neighborhood that provides an inventory of homes that are permanently affordable. As a community based-model, it integrates private development, non- profit and philanthropic investments along with cost-sharing for offsite infrastructure upgrades by the City of Bozeman through the Capital Improvements Plan. History The site is an 8-acre parcel of land located at the junction of Bridger Drive and Story Mill Road. A dense development plan was approved for the parcel and surrounding properties in 2008 but failed after changing the zoning, annexing into the city and closing the 92-family trailer park. The Trust for Public Land (TPL) acquired the property in 2012 as part of the larger Story Mill Community Park development plan. TPL transferred the property to HRDC and formed a partnership to develop the Bridger View conceptual plan and support for the housing neighborhood. The following entitlement and outreach steps have been completed to date: • In 2017, the Bridger View Concept Planned Unit Development (PUD) was informally reviewed by the Development Review Committee, the Design Review Board, the Planning Board and the City Commission. • The Subdivision Pre-Application was reviewed in April of 2019 by the Development Review Committee and the Recreation and Parks Advisory Board. is Bridger View PUDP & PLAT Applications Project Summary I Page 1 • • • A Growth Policy Map Amendment and Zone Map Amendment were both approved in • Summer 2019 by the City Commission. • Neighbors and community members were invited to an August 1, 2019 informational meeting and provided positive comments and responses to the development team partnership. The team has carefully analyzed all of the feedback from City departments, elected officials, volunteer boards, neighbors and potential future residents. Project Overview & Design Intent Bridger View's goal is lasting affordability and livability. Through the lens of this longer view, the quality of construction and materials and the integrity of the natural systems that will sustain the neighborhood become even more important. The Bridger View Owners Association will exercise long-term stewardship of the entire neighborhood as detailed in the Design Guidelines and covenants. Community Land Trust families will have the added support and stewardship of that entity. Bridger View, with a net density of 7.9 houses/acre, offers a variety of clustered attached and detached homes that range in size from 750 to 1,575 square feet. This product type fills a gap that is in limited supply in Bozeman and fits within the greater neighborhood context. Lots, ranging in size from 1700 to 3650 square feet, are sized to accommodate modest front" ards and usable front porches, with back and/or side yards as private outdoor space. • Long-term sustainability and affordability are being achieved for both the neighborhood and individual home construction. LEED for Neighborhood Design is being pursued as well as a sustainability framework for the homes, which emphasis well-built construction techniques that meet national best practices in sustainability, lowering both initial costs and long-term operations and maintenance costs. The site has direct vehicular access to two major streets, Bridger Drive and Story Mill Road and exceptional pedestrian and bike connectivity via the existing Story Mill Spur Trail, the new.Path to the M as well as trails throughout Story Mill Community Park. While Hillside Lane will be built to the city's standard for public streets, the other internal streets are intentionally smaller in scale commensurate with older neighborhood streets. These "shared streets" are designed to limit the speed of cars, making them safe and friendlier places. Adequate parking is accessed from alleys and the simplified street grid and compact development give ready access to the site for emergency vehicles. Everyday safety is a primary concern in the design of Bridger View. A key component of this is right sized streets that slow vehicles moving through the neighborhood and a site plan laid out to provide efficient access to units by emergency vehicles, residents, and guests. This application is purposefully very different than a typical suburban residential subdivision. In a compact neighborhood such as this, it is essential that every site element from unit sizes and setbacks to utility spacing and street widths is thoroughly analyzed and thoughtfully designed to Bridger View PUDP & PLAT Applications Project Summary I Page 2 be the right scale without sacrificing safety and functionality. This scaling down results in the need for relaxations from code standards. Wherever possible, national best practices are incorporated into the project. Document Organization Two concurrent applications are being submitted for this project: • The Preliminary PUD sets the stage for the neighborhood with Design Guidelines that are written to uphold the sustainable pattern established by the development and construction of the project. Relaxations are requested for design excellence and for alternative new standards that enhance and protect health, safety and welfare. PUD Points help to quantify the community benefit of this project. • The Preliminary Plat permits a subdivision to allow the homes to sit on individual lots, compatible with the ownership model. While the applications are separate, they are dependent on one another. Some key documents, such as the Design Guidelines, are repeated in both submittals to allow advisory boards that may only be reviewing one application to have more access to the data and information and underlying intent of the overall project. Bridger View PUDP & PLAT Applications Project Summary I Page 3 RENE; NOV 0 5 2019 '' 1.' h DEPARTMENT OF CQI1 M-01d1111DEVELOPMENT BRIDGER VIEW redevelopment Section 02 Application & Checklists Bridger View Redevelopment Preliminary Planned Unit Development Application 0 H R DC • 9/12/2019 Bridger View Redevelopment Adjacent Owners List ADJOINERS CONTIGUOUS Map ID_ Legal Deserlption Name Proporty Addreae_ _ _Ma01ng AddreasW =C11ty-IN State MZIF CEde- GecC&de 1 MDT-Hwy 86 R.O.W. Montana Department of Transportation - P.O.Box 201001 Helena MT 59620-1001 S31,T01 S.ROG E.ABANDONED C M ST P 8 P RR MENARD LINE IN PT SE4SE4 LYING E OF 2 a ADJ TO TRACT 24 NORTHEAST ANNEX.22 a ABANDONED C M ST P a P RR MENARD City of Bozeman - PO Box 1230 Bozeman MT 59771-1230 06-0905-31.4-01.41-0100 LINE IN PT SE4SE4 1.22;Fm152 P9 2244 - 3 S31,T01 S.R06 E,C.O.S.2547.TRACT K SE4SE4 NORTHEAST ANNEX Wake Up,Inc. 1011 E Griffin Or Bozeman,MT 59715 PO Box 23 Harrison MT 59735-0023 06-0905-314-0140-0000 4 S31,T01 S,R06 E,C.O.S.2547,TRACT 23A SE4 NORTHEAST ANNEX Wake Up,Inc. 1005 E Griffin Or Bozeman,MT 59715 PO Box 23 Harrison MT 59735-0023 06-0905-31-0-01-35-0000 6 S31,T01 S.R06 E.C.O.S.2865,PARCEL 4,ACRES 9.92 City of Bozeman 75 Bridger View Dr Bozeman,MT 59715 PO Box 1230 Bozeman MT 59771-1230 06-0905-31-4-01-08-0000 Be NAYA NUKI CONDO,S31,T01 S.R06 E,TRACT W SE4SE4(ANNEXATION Meadowlark Rentals,LLC 875 Bridger Dr Bozeman,MT 59715 PO Box 4314 Bozeman MT 597724314 06-0905-31-2-01-09.7000 RES#3345 8b NAYA NUKI CONDO,S31,T01 S,R06 E,TRACT W SE4SE4(ANNEXATION ST Custom Homes,LLC 875 Bridger Or,Unit D Bozeman,MT 59715 875 Bridger Dr,Unit D Bozeman MT 59715 06-0905-31-2-01-09-7000 RES#3345 9 S31,T01 S.R06 E,C.O.S.637.S PART OF TR B.376AC Tim Matzinger 901 Bridger Or Bozeman,MT 59715 476 Blue Roan Ln Belgrade MT 59714-8770 06-0905-31-2-01-35-0000 10 S31,T01 S,R06 E,ACRES 1,E2 OF TRACT B SE4SE4 PLAT 135P492 Patrick S Pierzina 917 Bridger Or Bozeman,MT 59715 917 Bridger Dr Bozeman MT 1 59715-2211 06-0905-31-2-01-11-0000 11 531,T01 S,R06 E,TRACT 19A SE4SE4.50AC PLAT 135P492 Patrick S Pierzina Bridger Or Bozeman,MT 59715 917 Bridger Dr Bozeman MT 59715-2211 06-0905-31-2-01-19-0000 12 S31,T01 S.R06 E,ACRES 2,TRACT NE4S2SE4 LAMU,LLC 1015 Bridger Dr Bozeman,MT 59715 1319 S Church Ave Bozeman MT 59715-5803 06-0905-31-2-01-12-0000 13 S31,T01 S,R06 E,C.O.S.1518,TRACT A SE4SE4 1.254 AC W.T.Morvay 955 Story Mill Rd Bozeman,MT 59715 52 Sheridan PI Bozeman MT 59718-6214 06-0905-31-4-03-02-0000 • f - Page 2 of 3 F • 9/12/2019 Bridger View Redevelopment Adjoiners(Non-contiguous) ADJOINERS NON CONTIGUOUS Map ID Legal Description Name Property Address Melling Address city Slate Zip Code Geo Code 5 531,T01 S,R06 E.C.O.S.2865,PARCEL 5,ACRES 10.3 City of Bozeman - PO Box 1230 Bozeman MT 59771-1230 06-0905-31-4-01.37.0000 7 MINOR SUB 202,531,T01 S,R06 E.LOT2-3,ACRES 1.173 SEOB,LLC 851 Bridger Dr Bozeman,MT 59715 851 Bridger Or STE 2 Bozeman MT 59715-1806 06-0905-31-4-06-72-0000 14 532,T01 S,RO6 E.C.O.S.2408,ACRES 23.43,TRACT 713 LESS HWRW William J Flanigan 980 Story Mill RD Bozeman,MT 59715 3160 Mcllhattan Rd Bozeman MT 59715-8718 06-0905-32-3-01-0 1-0000 15 S32,T01 S.RO6 E,C.O.S.1895,TRACT 1 SW4 1.504AC LESS HWRW PARKS/STORY Jeffrey R Brandner&Raymond D Rega Story Mill RD Bozeman,MT 59715 1118 Bridger Or Bozeman MT 59715-2302 06-0905.32-3-02-28-0000 MILLS ANNEX TO BZN(COS 2547 RETRACEMENT OF COS 1895) 16 S05.T02 S,RO6 E.C.O.S.18778,ACRES 5.6146,TRACT C2-A 2511N,LLC&2332N,LLC Story Mill RD Bozeman,MT 59715 PO Box 13 Bozeman MT 59771-0013 06-0799-05-1-01-15.0000 17 S31,T01 S.ROG E,SE4SE4 TRACT 22 PLUS ABANDONED MENARD LINE LYING ADJ Christie Clifford and Sally Franklin 1015 E Griffin Or Bozeman,MT 59715 1015 E Griffin Or Bozeman MT 59715-2259 06-0905-31-4-01-45-0000 TO TR 22 NORTHEAST ANNEXATION • �� �3 0 �� - BOZ E MA W MT Community Development RC REVISION AND CORRECTION- SUBMITTAL FORM ADDITIONAL OR REVISED PLANS OR DOCUMENTS FOR AN ACTIVE PROJECT WILL NOT BE ACCEPTED UNLESS ACCOMPANIED BY THIS COMPLETED FORM. MAILED RE-SUBMITTALS THAT DO NOT INCLUDE THIS FORM OR THAT DO NOT CONTAIN THE CORRECT NUMBER OF COPIES WILL NOT BE PROCESSED. FEES ARE REQUIRED FOR THIRD AND SUBSEQUENT REVISIONS. C SUBMITTAL REQUIREMENTS r All revisions / correction submittals must contain the following: ❑ A completed RC revision/correction submittal form. 0 The same number of copies and sizes and formats (including digital) as required for the initial application. Plans and documents, including digital files must meet plans, specifications and naming protocols. See form PLS. ❑N Revised drawings must be updated with a new current date on each revised sheet.Title sheet table of contents/plan schedule must be updated with new dates for each sheet modified. If complete plans sets are updated, retain the original date on sheets that have not been updated or revised. ❑ A written narrative that shows an itemized summary of your submittal and description of each change or revision in detail or document. Changes to plans sheets must include sheet and detail numbers. • ❑ All changes must be clouded or highlighted on each plan set. ❑■ Legal documents, studies, letters or other documentation must have a clear date of revision.on the front page. ❑■ Fees are required for a third and subsequent submittal of revised/corrected materials. The fee is 1/4 of the total original application fee. ❑■ Re-submittal of plans must be complete plan sets if individual sheets are modified. No individual sheets will be accepted. ❑■ RC form must be the first item in all resubmitted sets. INFORMATION r Application 19466 Application Pre PUD / Pre Plat file #: type: Project Name: Bridger View Redevelopment Contact Name: Susan Riggs, AICP Phone: 406-579-5844 Email: sriggs@groundprint.com Revision and Correction RC Page 1 of 2 Revision Date 3-20-18 Required Forms: PLS L SUBMITTAL TYPE . 0 NEW CHANGE: A revision or change that the applicant has made to a plan that is currently under review • that is new and has not been reviewed before. CORRECTION: A correction to the plans that is an applicant response to a correction letter written by the City to the applicant. If both types are being submitted, the written narrative required above listing itemized changes must clearly differentiate between changes and corrections and each must be clearly labeled. Changes to preliminarily approved plans or approved plans are processed under the modification application process, use form MOD for those changes. Re-submittal of plans must be complete plan sets if individual sheets are modified. No individual sheets will be accepted. CITY USE ONLY f Date Checked and received: received by: Number of sets Includes digital submitted: copy Y/N:: Superion updated? Planner/Engineer: Y/N: DRC • Required? Date routed to Y/N: Engineer: If no DRC, date comments due to planner. 10 working days from submittal date typical: CONTACT US Alfred M.Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59771 www.bozeman.net • Revision and Correction RC Page 2 of 2 Revision Date 3-20-18 Required Forms: I PLS Bridger View Redevelopment Red =correction Summary of Revisions • 1/23/2020 Purple= revision PUD Application Section 00-Table of Contents- updated Section 01 Project Summary& Document Organization Section 02 Application &Checklists • 02.a Al • 02.b PLS • 02.c PUD-P • 02.d SP-1 • 02.e N1+ Map+ List • 02.f RC—checklist and narrative added as required Section 03 Narrative Response to City Comments • The additional narratives addressing DRC comments have been added to this section for reference. Section 04 List of Relaxations&Justifications • A relaxation has been added to allow more functional lot numbering as required. • The exhibit was updated to reflect this correction. Section OS PUD Point Calculations • The project is committed to high performance sustainable buildings and LEED ND; however, • specific certifications to be pursued are not yet finalized.Therefore,the points in these categories have been removed from the calculations. The PUD still exceeds the minimum point requirements. • Letter from Sustainability Consultant added • Updated LEED ND Checklist Section 06 Development Schedule Section 07 Statement of Planning Objectives Section 08 Supplemental Plan Requirements Section 09 Drawing Set • The entire drawing set has been updated to address both revisions as well as corrections. Specific notes have been added to each sheet. Section 10 Appendices • 10.a Design Guidelines—this document has been updated to reflect changes required for snow storage,fencing, plantings and the appendices related to lot pans, relaxations and points. Additionally, language has been clarified to show more options for tie construction of basements and garages. • 10.b Covenants (Master Declaration), Bylaws&Articles of Inccrpora.tion • 10.c Affordable Housing Plan • 10.d Community Housing Plan • 10.e Ground Lease Documents • 10.f Preliminary Platting Certificate—updated to include copies of exceptions as requested • 10.g Application for Concurrent Construction—updated as req,uesteI to provide more detail • Preliminary Plat Application Section 00-Table of Contents- updated • Section 01 Project Summary& Document Organization Section 02 Application &Checklists ' • 02.a Al • 02.b PLS ;f • 02.c PUD-P • 02.d SP-1 i • 02.e N1+ Map+ List ; • 02.f RC—checklist and narrative added as required Section 03 Narrative Response to City Comments • The additional narratives addressing DRC comments have been added to this section for reference. Section 04 List of Relaxations&Justifications • A relaxation has been added to allow more functional lot numbering as required. • The exhibit was updated to reflect this correction. Section OS PUD Point Calculations • The project is committed to high performance sustainable buildings and LEED ND; however, specific certifications to be pursued are not yet finalized.Therefore,the points in these categories have been removed from the calculations. The PUD still exceeds the minimum point requirements. • Letter from Sustainability Consultant added • Updated LEED ND Checklist . Section 06 Development Schedule Section 07 Preliminary Plat Supplements Narrative Section 08 Additional Preliminary Plat Supplements Narrative—updated for utilities Section 09 Drawing Set • The entire drawing set has been updated to address both revisions as well as corrections. Specific notes have been added to each sheet. Section 10 Appendices • 10.a Design Guidelines—this document has been updated to reflect changes required for snow storage,fencing, plantings and the appendices related to lot plans, relaxations and points. Additionally, language has been clarified to show more options for the construction of basements and garages. • 10.b Covenants(Master Declaration), Bylaws&Articles of Incorporation • 10.c Affordable Housing Plan • 10.d Community Housing Plan • 10.e Ground Lease Documents • 10.f Preliminary Platting Certificate-updated to include copies of exceptions as requested • 10.g Application for Concurrent Construction—updated as requested to provide more detail • 10.h Encroachment Permits • 10.i Zoning Change Letter • 10.j Weed Plan—signed version included • 10.k Geotechnical Report and Groundwater Monitoring • 10.1 Preliminary Engineering Water Report • • 10.m Preliminary Engineering Sewer Report • 10.n Preliminary Engineering Stormwater Report—updated as required • 10.o Preliminary Engineering Road Design—updated as required 0 • 10.p Traffic Impact Study • • 10.q Parks Additional Information • 10.r Agency Letters—updated letters from utilities • BRIDGER VIEW redevelopment Section 03 Narrative Response to City Comments Bridger View Redevelopment Preliminary Planned Unit Development Application 0 H R DC F • Bridger View Redevelopment Responses to City Comments 1/23/20 Final 19 - 464 Planning Comments 1. The existing power line crossing the subject property on the east side would prohibit the construction in certain areas of the property due to separation standards.The application proposes placing the power line underground and within a proposed easement to NorthWestern Energy on the adjacent property to the east(see Section 8,Additional Supplementary Plat Supplements, page 6).The adjacent property is City-owned open space.The grant of an easement on City property requires City Commission approval.The proposed subdivision design is dependent on the relocation of the power line and therefore,the easement request must be reviewed and approved in accordance with the Bozeman Municipal Code provisions on transfer of City property before the application can be deemed adequate for further review. Please submit a written request to the Department to initiate this request. Based on the application materials, City staff has not been able to confirm whether an easement exists for the power line on the subject property. The Revisions and Corrections(RC)submittal shows how a 10-foot easement along the east portion of the subject property can easily accommodate the relocated and buried power line without impacting the neighborhood design.While this scenario physically works for the project, HRDC's preference is to partner with the City to relocate the power line to the City- owned rectangle between Story Mill Road and the subject property. It is important to note • that the existing power line serves the larger neighborhood and not just the subject property. Additionally,this power line is already partially located on the City-owned rectangle. As stated in the Community Housing Action Plan, partnerships are essential for the creation of community housing. HRDC would like to request that this project move forward knowing that either easement scenario works. A separate easement request will be submitted to the City. 2. The Platting Certificate lists a number of exceptions including ROW easements for Montana Power Company.These easements are germane to the relocation of the aerial power line. Please provide copies of Exception No. 6, 7, and 8 with the supplemental information. This statement does not apply to the subject property.These exceptions are for easements that are not located on the Bridger View Redevelopment property. Thus,they are not germane to the relocation of the power line. Copies of these exceptions have been added to the application for reference. 3. As required by the City's PLS form and standards, complete utilities must be shown on landscape plans. Water,sewer, and power are not shown in detail on the plan sets. Please revise. Updated information regarding utilities has been added to the landscape plans. 4. The Bozeman Solid Waste Division provided the following comments that must be addressed prior to deeming the application adequate for further review. - Need to identify locations for refuse enclosures. (1 I j� �.J- Must have 50 feet straight approach to front of enclosures. j • - Refuse enclosures will need to be covered. Need detailed plan for refuse enclosures. JAN 2 3 2020 I �. UEPART'diiEN COMnmJ ri1tin y - If tubs are to be used locations need to be identified and approved for access • of trucks. This information was all included in the application.An email from Russ Ward dated 1/6/2020 V- was forwarded to Tom Rogers. 5. Comments from NorthWestern Energy indicate the proposed utility plan must be revised to meet requirements for utility width and placement of transformers on site.These changes must be included in the plans and must be shown in their correct location and property dimensioned. The Design Team met with Cammy Dooley on 1/15/20 to discuss the project details.A revised Shallow Utility Plan has been submitted to show how the revisions requested by NorthWestern Energy(NWE)can easily be accommodated without impacting the neighborhood design. It is important to note that minor shifts for things like secondary cans and meter locations will continue to occur as the team works with NWE on the actual Application for Services.Additionally, as a subdivision, Plans and Specifications will be submitted after the Preliminary Plat and are subject to review and approval by the City of Bozeman prior to construction.See revised letter in Appendix 10.r of the Preliminary Plat application. 6. The Landscape Plan needs to include a Tree Protection Zone (TPZ)for existing trees along Bridger Drive. A typical TPZ details a fencing material and its perimeter around each tree to be preserved.The TPZ is a non-disturbance zone and no construction material shall be staged within. The application includes protecting several existing trees as indicated.While this seems like a detail that would be better addressed with the final drawing sets rather than a requirement of • sufficiency review,a "TPZ" has been added to the plans to address this comment.See Sheet L2.6. 7. Insufficient information is provided to determine whether or not the conflict potentially created by close proximity of landscaping and underground utilities proposed on Blue Silos Way, and the walkway that runs parallel between Millworks Way and Hillside Lane.A compromise may be to opt for smaller species to reduce the likelihood of deep, spreading roots.These species are marked with a "U" in the City of Bozeman Street Tree Guide. Please revise and/or provide additional information. Tree root barriers will be utilized wherever trees are within close proximity to utilities.See L2.4 and the landscape plans for more detail. 8. There appears to be an error in the Montana Title& Escrow Platting Certificate. Platting Certificate Exemptions No. 6, 7, and 8 reference document No. 2079795.This reference is incorrect. Please have MTE correct the record and provide the corrected Platting Certificate with the revised materials. This statement is incorrect.There is no error in the Platting Certificate. Exemptions 6, 7 and 8 all correctly reference the same document number.This document transferred existing "Montana Power" easements to"Northwestern Energy." 9. Pursuant to section 38.220.A.8 an approved noxious weed management plan is required with preliminary plan application. Please provide an approved Weed Management Plan with the revised materials. • The signed weed plan has been submitted with this Revisions and Corrections submittal. 2 0 • • 10. Pursuant to section 38.430.090.E.2.a(e) requires LEED-ND condition approved or have pre- certification by the authority. Staff unable to locate conditional approval or pre-certification from authority. Please direct staff to its location or provide the required documentation. The project is designed to meet LEED v4 ND[Built Project] as evidenced by the checklist and letter from our sustainability consultant, Beyond Efficiency Inc. Conditional approval or pre- certification is not available under v4;therefore,the PUD points under this category have been removed.The project still exceeds the required number of PUD points. 11. Pursuant to section 38.410.040.E, Blocks. Developments which have clearly delineated blocks must use block numbers or letters; each block must contain its own grouping of lot numbers and must be wholly surrounded by a street, separated by a park or pathway, not an alley. Please revise the block and lot numbering scheme on the plat or augment the PUD to request a deviation to this standard. A relaxation has been added to the application. Note that this relaxation is requested to allow more logical lot numbering for the neighborhood as a whole based on the unique block and right-of-way configuration.This is not an essential project relaxation but is included to help future residents,the community land trust and the City with ease of property identification and tracking. Planning Advisory Notes -1. The Engineering Department is reviewing your application. Comments have not been received at this time. Once any comments are received staff will forward them to your attention. • Non-applicable—Engineering provided comments. 2. As proposed, concurrent construction is not supported. Due to the proximity of service lines and basic infrastructure to proposed buildings and site work concurrent construction is not a viable option. This project would be difficult to develop without concurrent construction.As requested by the DRC, additional detail has been provided by the General Contractor/Construction Manager(GC/CM), Langlas&Associates in Section 10.g. 3. The Public Works and Engineering will require Open Space Lot 8 to become part of the Hillside Lane dedicated ROW and not a separate lot. The revised plan set includes right-of-way access to Hillside Lane for both parcels to the south. HRDC would like to keep Hillside Grove within the project boundaries. Hillside Grove was specifically preserved as open space to maintain the existing mature trees at the entrance to the neighborhood.The Design Guidelines summarize the design intent for Hillside Lane with green space on either side: "From the entrance at Story Mill Road to the Common House, a formal wedge of green space borders Hillside Lane and creates a tree-lined common area that is the"front yard" of the entire neighborhood. While the Common House is its terminus, it is a green space that links views of the park to the west with views of the mountains to the east. It creates a distinctive sense of place for the neighborhood..." (Page 15). • 3 r Engineering Comments • 1. The concurrent construction request is not approved at this time. More information regarding construction routes must be included with the request. A clear phasing plan identifying utilities in each phase,fencing, pedestrian routes, and mail and trash pickup will need to be provided prior to further consideration of the request." This project would be difficult to develop without concurrent construction.As requested by the DRC, additional detail has been provided by the General Contractor/Construction Manager(GC/CM), Langlas&Associates in Section 10.g. 2. The mid-block crossing on Hillside Lane west of Flour House Lane is not supported by Engineering. Remove it prior to Final Plat approval. The proposed crossing has been removed as requested. 3. The trail crossing on Hillside Lane cannot be raised; it will interfere with plowing. Make this change prior to Final Plat approval. The proposed crossing was relocated east as requested.With the relocation closer to the intersection,there is no need for it to be raised anymore. 4. The trail crossing on Hillside Lane needs to be moved to the intersection. No pedestrian crossing signs and no parking signs will be required. Coordinate with Park for realignment on Parks property. Make this change prior to Final Plat approval. The proposed crossing was relocated east as requested. We would like to continue discussions with Engineering, Parks and GVLT to ensure that the Story Mill Road improvements including • this trail crossing are coordinated. 5. Provide a ladder truck turning diagram throughout the subdivision to ensure access for . emergency vehicles. Non-applicable—this was already provided in the application to ensure the ladder truck can make the tightest turning movement. Please note that the turning diagram is located in Appendix 10.o Preliminary Engineering Road Design. 6. Remove the paving within the ROW from the sidewalk to the drive accesses for the garages parallel to Bridger Drive.All private infrastructure must be contained on the private lot and not extend into City ROW. Non-applicable—this is part of the fire loop. 7. A 1-foot no-access strip must be placed on the plat along Bridger Drive. While we disagree this is necessary due to the open space separating the lots from Bridger Drive, it is a simple note addition to the plat and has been updated as requested. 8. Figure 4 from the TIS doesn't appear to show the total trips included in Table 2. Update the Figure as necessary prior to Preliminary Plat approval. There are no edits needed to this figure. Reviewing Figure 4 shows that the total trips are shown in the smaller text placed on the roadways. The figure shows 330 trips assigned to Bridger Drive to the west of the project,41 trips assigned to Bridger Drive east of the project, and 41 trips assigned to Story Mill Road south of the project,for a total of 412 trips,the same • total as Table 2. The peak hour trip assignments also match the total shown in Table 2. 4 0 i • 9. The placement of trees within 5 feet of water and sewer services will need to be reviewed further with Engineering and the Water/Sewer Superintendent. No trees are located within 5 feet of water and sewer services.Several trees are proposed within 10 feet of water and sewer services.These trees will include a root barrier as detailed on Sheet L2.0. 10. It doesn't appear that existing sewer and water mains and hookups will be removed.A discussion with Engineering and the Water/Sewer Superintendent is required to clarify abandonment of existing utilities. Non-applicable—there are none. 11. The LID solution within the City Boulevard along Hillside Lane will require further discussions - and approval from the City Engineer. Stahly Engineering has and will continue to be in contact with Engineering regarding the Low Impact Development strategies. Presently it appears that the greatest concern is provision for pretreatment sediment capture at the bioswales along Hillside Lane. Proposed pretreatment bioswale inlet chases have been incorporated into the design to capture sediment from streets, prior to the bioswales. Any additional requirements of the City Engineer will be incorporated into the design prior to submission of subdivision infrastructure plans for Engineering review and approval, prior to Final Plat. Engineering Code Corrections 1. Bozeman Municipal Code Section 38.540.020.M. -Snow Removal Storage Areas:The applicant must define adequate snow storage for plowing all internal drives.The snow storage areas are shown behind trees and sidewalks. Provide a narrative for each snow storage area describing the type of equipment, access, and quantity that can be stored. The Design Team has met with snow removal companies to go over strategies for snow removal in a compact neighborhood.The Design Guidelines address snow storage on Page 24. For this RC submittal, several changes were made to help with snow storage: landscape plans have been revised to reduce the number of trees in front of snow storage areas, snow storage areas were increased in size,benches were relocated and freestanding signage was combined with light poles.Additionally, note that sidewalks integral to the snow removal plan are shown to be designed as traffic rated. 2. Bozeman Municipal Code Section 40.04.700. -Comprehensive Drainage Plans- Requirements: The drainage plan provided does not show adequate information for a review;the topo lines are not labeled,the contours for the proposed Hillside Lane do not tie in to the adjacent property contours, and it is not clear how runoff reaches the retention areas. Since the initial application was submitted, additional work has been completed showing finished grade contours.This updated plan is submitted with these RC drawings. 3. Bozeman Municipal Code Section 38.270.070. - Payment of Extension of Capital Facilities: 3. Story Mill Road must be upgraded from the intersection of Bridger Drive and Story Mill Road to the intersection of Story Mill Road and Hillside Lane to a City collector street standard as iidentified in the 2017 Bozeman Transportation Master Plan prior to Final Plat approval.The applicant has stated the project is currently on the City's capital improvements plan (CIP). The 5 decision whether to allow impact fees in lieu of road upgrades is up to the review authority. If the applicant wishes to pursue this route, a request to meet the terms of chapter 38 and 40 by payment of cash in-lieu must be submitted by the applicant prior to a determination of adequacy or any advisory body recommendation during review of this application. It is unclear if this comment applies for Story Mill Road or not. If so, it can be a condition of approval and not a condition of sufficiency review. 4. Bozeman Municipal Code Section 40.06.030. -Adoption of the City Design Standards and Specifications Policy:The provided Preliminary Stormwater Design Report utilizes the incorrect 25 year storm event time.The event is a 25 year 24 hour storm, not a 5 minute storm. In addition, no calculations are provided for the infrastructure to convey the 25 year storm (swales and curb cuts as well as any piping).Additional design standards from Section II of the DSSP need to be addressed.This report is incomplete and needs to be modified prior to Preliminary Plat approval. The DSSP specifies that storm sewer facilities be designed to handle the 25-year event. The 25-year event that produces the highest flow rate of runoff occurs at the duration equal to the time of concentration of the basin (5 minutes). A 24-hour event has a much lower intensity than a 5-minute event and would result in undersized storm sewers. The Preliminary Stormwater Design Report has been updated to show conveyance capacity of proposed storm sewers meets the 25-year design criteria. A final Stormwater Design Report addressing other standards will be provided with submission of subdivision infrastructure plans for Engineering review and approval, prior to Final Plat. 5. Bozeman Municipal Code Section 38.400.010. -Streets—General: It appears the two drive accesses to the garages north off of Millworks Ways exceed the 150 foot requirement without a fire truck turnaround. Add this turnaround or decrease the length of this drive prior to Preliminary Plat approval. Bozeman Municipal Code Section 38.400.060. -Street Improvement Standards. Non-applicable—the referenced drive accesses are connected per discussions with the Fire Department to avoid trucks having to back up. 6. The applicant must request a waiver for upgrades to the intersection of Bridger Drive and Story Mill.The waiver may be granted based on the exception allowed if the intersection upgrade is on the three year CIP. The waiver is requested as part of this application. Duplicative paperwork has been submitted separately as required. 7. Bozeman Municipal Code Section 38.410.060. - Easements-A letter must be provided from all private utilities allowing the use of 5 foot utility easements.As discussed in the Preliminary Plat Supplements,the narrow easements do not meet City standard requirements and limit access for maintenance and construction equipment for private utility companies. New letters have been submitted that reference the updated Shallow Utility Plan. Engineering Recommended Conditions of Approval 1. The applicant must pay the Story Mill Road and Griffin Drive Sewer Payback District assessment associated with the subject property prior to final plat approval. i The applicant understands this condition. 6 i • 2. The applicant must provide and file with the County Clerk a.nd Recorder's office executed Waivers of Right to Protest Creation of Special improvement Districts (SID's for the following): a. Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements to Story Mill Road and Bridger Drive The document filed must specify that in the event an SID is not utilized for the completion of these improvements,the developer agrees to participate in an alternate financing method for the completion of said improvement on a fair share, proportionate basis as determined by square footage of property,taxable valuation of the property,traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the file SID waiver prior to final plat approval. The applicant understands this condition. Additional Engineering Comments (12/17/19) 1. The triangle area of land located south of Hillside Lane will need to be included in the City ROW for Hillside Lane.The POA will be required to maintain it; include this requirement in the POA CC&R's. • The revised plan set includes right-of-way access to Hillside Lane for both parcels to the south. HRDC would like to keep Hillside Grove within the project boundaries. Hillside Grove was specifically preserved as open space to maintain the existing mature trees at the entrance to the neighborhood.The Design Guidelines summarize the design intent for Hillside Lane with green space on either side: "From the entrance at Story Mill Road to the Common House, a formal wedge of green space borders Hillside Lane and creates a tree-lined common area that is the"front yard"of the entire neighborhood. While the Common House is its terminus,it is a green space that links views of the park to the west with views of the mountains to the east. It creates a distinctive sense of place for the neighborhood..." (Page 15). 2. Hillside lane will need to extend to the western property boundary to allow for future connection in Story Mill Park.The detention basin will need to be relocated. Barricades shall be installed per COB standards. This project has always shown Hillside Lane right-of-way dedication to the western property line as required.Since this application was submitted,the Parks Department has indicated that the Story Mill Park eastern parking lot will be constructed this summer.Although this could be easily addressed as a condition of approval;the drawings have been updated to reflect this change. Graphics in the Design Guidelines can be updated with the Final PUD. • 7 Additional Engineering Comments(12/17/19) • 3. Verification that the pavement is designed for fire truck weight As stated in the Road Design Preliminary Engineering Report, all streets and traffic rated sidewalks are designed in accordance with City of Bozeman Design Standards pavement design requirements. A separate design standard for fire trucks is not included in the City Design Standards, but since fire trucks utilize City streets the typical City street design may be deemed adequate. The paver road section (connecting the drive aisle to the sidewalk) has not been designed yet, but will also be designed in accordance with City Design Standards for pavement design,and will likely be similar to the pavement and traffic rated concrete sections.See Sheet C4.0 "Paving Plan"and the Road Design Preliminary Engineering Report. 4. Show turning radii for the fire trucks on a separate exhibit and verify the connection to the pedestrian sidewalk is adequate without driving into the landscaping The turning analysis is provided as Figure 3 in the Road Design Preliminary Engineering Report. The turning analysis criteria is provided on the exhibit and both wheel paths and vehicle overhang are shown. The turning analysis shows that fire trucks can negotiate the emergency vehicle loop without leaving the hard surface or impacting any structures.This page is also attached to this narrative for ease of reference. 5. Show a lockable gate with a knox padlock(fire department access only) on the plan. C5.0 and C5.1(Signage and Striping Plan and Details) have been revised to show two post and chain access controls for the emergency access loop. A sign stating"Emergency Access Do Not Block Gate"was added. Knox boxes with a key will be on the posts. The notation also would allow other access control options that are approved by the Fire Department, should a better solution arise. 8 I R i STAH LY 171,0 iff; STAHLY ENGINEERING r $ ASSOCIATES PROFESSIONAL ENGINEERS 8 SURVEYORS - .—seaeng.com - 2223 MONTANA AVE. ' I STE. 201BILLINGS. MT _ 9101 Phone:(06)6015055 3530.CENTENNIAL DR. HELENA. MT 59601 Phone:(06)442-8594 Fox:(406)442-8557 851 BRIDGER DR. STE. 1 BOZEMAN, MT 59715 ; '• + 1II11 II PhFaon:e(:4(40066)5)5222-2-9855298 45�+ ISSUE/REVISION :k, No.I DATE TBY 1 + „s t %y � I • I 'I i� I 1 19-26-191 CDP DESCRIPTION PRELIM PLAT SUBMITTAL 9 sls i + ` - I II %� No. DATE BY I i II I I I 2 1-23-20 CDP DESCRIPTION PRE-PLAT RC SUBMITTAL \ ✓ ( S�"ekr. ,, i (�+^,��^^�:'.jt, \ I II I II I No. DATE BY DESCRIPTION No. DATE BY S Can p ,•qf f f,9 C S 1/ I �I I I� I DESCRIPTION •� ;si +1 Can,r,,;,,,;, G' I = �F ' I I �I I II I \ ✓ f ° r ` i + is s I ' i �I I �I I No. DATE BY 5 DESCRIPTION TURNING ANALYSIS CRITERIA ++ I CITY OF BOZEMAN FIRE TRUCK SPH 100 AERIAL PLATFORM TOTAL LENGTH-46' r" '�7j,' sa` +`� t 1 + I i jl I �I I ~ Q WIDTH-8'2" + v �.,H WHEEL BASE-230" W Z -OVERHANG PATH r +i s, s'f I I� I �I I W Z --- WHEEL PATH IL p i CENTERLINE WITH DIRECTION �f' �ss�; ` �I O p 2 Lu II ' L-i W W O Z + I I I -- co 0 O /� m W m + --- I 3 ? 0 o I I I 'y I I I I E + - 1 I 1 I 1 I TURNING 5 I, MOVEMENT I 1 I ANALYSIS I o j 1 r I I I DESIGNED:CDP i 0 20 40 80 1 I I I I DRAWN: JWF U DATE: 1-23-20 SCALE IN FEET SHEET FIGURE 3 I 0 November 5, 2019 1 4 64 Tom Rogers,AICP \ 9P Department of Community Development D �U PO Box 1230 JAN 2 3 2020 Bozeman MT 59771-1230 _ DEPARTMENT OF COMMUNfT-Y'9EVELOPMENT RE: Bridger View Redevelopment—Response to Completeness Comments dated 10/22/19 r Dear Planner Rogers: Thank you for meeting with us on 10/22/19 to discuss your Completeness Review of our applications that were submitted on 10/8/2019. Please accept this letter and revised materials for the Bridger View PUD and Preliminary Plat. We have outlined how the project addresses your comments and have made some changes to the application materials as noted below.While we do not agree with all interpretations made by Planning staff, we cannot sustain the time and expense of additional delays. It is our desire to move this project forward to continue our efforts to make a lasting and substantial investment in Bozeman to help address community housing needs. 1. "Table 38.310.030. Residential uses. Communal parking facilities are not a permitted primary use and must be collocated with a permitted use. See Common Lot 2,3, 5 and 6." The shared parking facilities on the referenced lots are required parking that is accessory to the residential units; however,to cover your concern,we have added a relaxation to the table although we disagree that it is necessary. 2. "38.320.030.0 Setbacks.Although reduction setback stated and listed the full extent of the encroachment is not clear.Application includes numerous applications of zero setback (acknowledged in narrative). See Lot 29,40, 41, and 50, Block 3 for example." The Lot Exhibits(Appendix C of the Design Guidelines—included in the digital file in Appendix C and included in the separate bound 11 x 17 print out) include proposed building envelopes for each of the 57 residential lots as well as the six Common Lots.These were modeled after The Lakes at Valley West as suggested by Staff. We would be happy to add any additional information you think would be helpful to these diagrams with the Final PUD submittal. 3. "38.350.050.A Encroachments.Application states porches encroach into setback in excess of standards. Deviation not listed, please include." This code section allows encroachments into setbacks for certain elements of a building.This is already covered by the setback relaxation. For example,if a relaxation specifies that a building can be built to a zero setback,that would include a porch which is part of the building.We have added this section to the relaxation table even though we disagree that it is necessary. . 4. "38.360.030 Accessory Structures. Common Lot 2 and 3 show"accessory" structures located within required setbacks. Deviation not listed." ' A relaxation from the building setbacks section covers this scenario.We have added this • section to the relaxation table even though we disagree that it is necessary. S. "38.400.020.A.2 Streets and road dedication (see plat notes).Application proposes private streets that are not designed to City standards. Deviation not listed, please include." We do not need a relaxation from this section which states that if a private street is proposed, the project must be reviewed as a planned unit development.Subsection (1)and (2) only apply if a project is exempt from the PUD review which this project is not.The proposed internal streets are proposed as rights-of-way dedicated for public use owned and maintained by the Bridger View Owner's Association. Funding and scheduling of maintenance will be addressed by the Covenants. Note that we have added a relaxation from Section 38.400.050 to cover the proposed width and design of the non-standard rights-of-way. 6. "38.400.060. Street improvement standards.The proposed ROW do not meet minimum City standards. Blue Silos Way, Millworks Way, and Flourhouse Way do not meet City standard width. Please revise the requested PUD deviation requests to revise the preliminary plat and PUD." We are meeting the requirements of this section. Per the Engineering Department, a Level of Service waiver does not necessitate a PUD relaxation.Again,we have added a relaxation from Section 38.400.050 to cover the comment about the street width and design. 7. "38.410.030.1. Frontage" a. "38.410.060 Easements. Multiple relaxation are needed. Easements are required in front yards. Minimum size is 10 feet." We have broken out the easement relaxation requests into two parts—private utility easements and public utility easements as you requested. b. "38.400.090.A and B. Lot access and drive access from improved public street, approved private street or alley required. Different function to relaxation listed." We have reworded the language in the table for clarity. c. "76-3-608 MCA, legal and physical access to each lot." Legal counsel has determined that the public access easements and ROW shown on the Preliminary Plat meet the requirements of legal and physical access to lots as set forth in 76-3-608 MCA. 8. "Lot C-2 and 3 exceeds requested relaxation of vision triangle standard." No,these lots meet the proposed street vision triangles.The garages and trash enclosures do not impede on the proposed street vision triangles.See Sheet CS.O. 9. "38.410.060.B. Private utility easements. Required 10 foot front easement are proposed to be reduced to S feet.A request to reduce this standard must be accompanied with written approval from ALL utility providers." • l Y • We have attached conditional approvals from Northwestern Energy and Charter Communications in Appendix 10.r of the Preliminary Plat. We would like to continue to work through the details of the design with these utility companies and the City during the preliminary plat review. 10. "38.410.060.0 Public utility easements. Sewer main easement must be in a 30-foot easement. Proposing to reduce existing 30 feet sewer easement to a 25-foot easement." For clarity,we have broken out this code section as two separate relaxations in the table. We are proposing a very specific plan for easements that is well-detailed in the application. Easements less than 30 feet are only proposed when they are directly adjacent to open space that is secured with a Public Access Easement. 11. "38.540.050. Parking requirement. One on street space may be used directly in front of a lot. Intermediating parcel between numerous lots. Parking on south side of Hillside Lane does not quality to meet parking requirements." We disagree since the HRDC owns most of the property on both sides of Hillside Lane; however,we have revised our parking calculations and removed all 14 parking spaces on the south side of Hillside Lane.The overall parking provided still exceeds what is required; however,a relaxation is still needed due to the distribution and location of the parking spaces. 12. "Please provide a parking schematic showing location and dimensions of all parking areas and spaces used to meet minimum parking requirements. Dimension must include backing requirements where appropriate." No relaxations are requested for parking space dimensions or backing distances.The requested information is already provided in the application -the garage and carport space dimensions are shown on Sheet AM.Sheet C4.2 includes typical sections including the alley woonerf.Sheet U.1 includes backing distances and SP4 shows parking locations. We have added notes and dimensions to these drawings for clarify.We can denote parking and add additional dimensions on the Lot Exhibits if that would be helpful with the Final PUD. • "Lot 16, Block 2 and Common Lot 3 show stacked parking on parcel across lot lines." Yes—as indicated on Sheet SP4,those spaces are assigned to those specific lots and will function just like a driveway.This is covered under the relaxation to allow off-site parking for these homes. Performance Points 1. "(b) Open Space. Given no parkland is provided on site and yards are deduced through deviations,that allows the additional open space. In addition, some of the OS areas are required access and pedestrians circulations points.Appears the abundant open space is in fact double dipping from required access and circulation system. For example block length and width separation requirements and pedestrian access pathways. Please remove open space which • primary use is lot access, or necessary pedestrian circulation not provided by street. Please update the PUD performance calculation accordingly." We have revised Sheet L3.0 and the PUD Points table as discussed in our 10/22 meeting and • coordinated references in the application.We have removed Hillside Green and Hillside Grove from the open space calculations to allow these areas to count toward the streetscape enhancements to Hillside Lane instead. See#3 below. 2. "(d) Underutilized site. Up to 1/3 of total =6.67. One point for each 50%increase in residential units on site (0 to 62 is infinite). If this provision is to be used the City will consider the previously established mobile home park units with the revised submittal." The calculation is not infinite because of the 1/3 point limit. We disagree with this analysis which implies that a vacant site could not qualify for points, however,we cannot afford to let this disagreement hold up our project.The application has, been revised to include the 40 trailers that were present on this parcel in 2006. (Note that the remainder of the trailers were on the park parcel.)The increase in units from 40 to 62 qualifies the project for one performance point in this category. 3. "(k) Streetscape Improvements.All proposed improvements must be within ROW. Improvements on private property do not quality for this performance option." The code language states: "Streetscape improvements(6 points):Streetscape design features that exceed the minimum street standards including street furniture, pedestrian lighting,low- impact development techniques, on-street parking standards, crosswalks,landscape and planting,way-finding, public art or other design elements.Such elements must be installed as part of the street infrastructure."This language does not require that all the improvements be located within the ROW:In fact, cramming all these improvements within a local street ROW would create many functional problems. This project proposes improvements(low impact stormwater management,on-street parking, crosswalks,landscaping) in the ROW where it makes sense and physically fits.Other enhancements(benches, lighting, additional landscaping,wayfinding, art)are included in the public access easements directly adjacent to the ROW.To ensure no"double dipping," Hillside Green and Hillside Grove have been removed from the open space point calculations. Specifically regarding wayfinding, please refer to Page 34 of the Design Guidelines.The exact location of this signage will be coordinated with final landscaping and utilities with the Final PUD. • Need narrative describing subdivision deviations and zoning deviations separately with an exhibit illustrating zoning deviations and their location and an exhibit(s) illustrating subdivision deviations and their locations. The Concept PUD application included a subdivision/zoning distinction of relaxations; however,we were asked to combine them because the Unified Development Code specially has subdivision and zoning in one document.The text in Section 04 lists our official relaxations; however,we have also added a graphic to the submittal to help explain the relaxations. • • • Complete illustrations articulating and describing where each deviation applies and how is needed. Specifically for future development and ongoing review throughout the development of the project.These illustrations are for the public during the review period, Commission,future property owners and City staff. The Lot Exhibits include the proposed building envelopes per lot. If additional information is identified during this preliminary review,we can certainly revise these exhibits for the Final PUD.Again,these exhibits were modeled after an example cited by Staff. • Please include an ADA plan with the revised plans. See attached letter from one of the project architects, Chris Guignon,AIA. We have addressed all your concerns in the responses above and in edits to the application materials. The application is both complete and sufficient. We would like to request that any additional items be addressed in the conditions of approval,the Final PUD and the Final Plat. It is absolutely essential that we get the clock started on these applications. We understand that the number of applications may exceed the ability of the city to process them simultaneously and request that code section 38.230.OSO.E be applied: "In the event that the volume of site development applications submitted for review exceeds the ability of the city to process them simultaneously, preference in order of scheduling will be given to those projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units." • In addition to providing five Lower-priced homes to meet the requirements of the Affordable Housing Ordinance,the development partners are committed to investing in making an additional 26 homes available and affordable to households earning between 80 and 120%of the Area Median Income, representing Bozeman's "missing middle." Furthermore,the development partners are committed to keeping the Lower-priced and "missing middle" homes permanently affordable through the establishment of a new community land trust entity, ensuring that the investments necessary to achieve affordability endure for generations. We look forward to working together on this important project. Sincerely, Susan Riggs, AICP 03 Narrative Responses to Concept • PUD & Pre Application Comments Summary The following narrative explains how each of the comments from the Concept PUD and Pre Applications have been addressed. Both sets of comments are included in this narrative for ease of reference as City comments often overlap and cross-reference applications. The City comment is shown first, and the applicant response follows in bold text. Pre Application Comments (Spring 2019) Planning 1. The subject property has not gone through subdivision review pursuant to the Montana Subdivision and Platting Act. Potential impacts of development on the site have not been analyzed. Based on the preliminary nature of the plat and determinations made with the Preliminary Planned Unit Development application, the DRC grants waivers to the supplemental information under 38.41.060, BMC are granted with this pre-application plan review application: Waivers granted: • 1) Surface water 2) Agriculture 3) Agricultural water user facilities Partial waivers: 1) Floodplains. The subject property is within a known .2% flood hazard area. 2) Miscellaneous. Existing power lines cross the subject property as noted in the comments received from NWE. Other considerations may be present. Waivers not granted: 1) Ground water 8) Streets, roads, and alleys 2) Geology, soils, and slopes 9) Utilities 3) Vegetation 10) Educational facilities 4) Wildlife 11) Parks & recreational facilities 5) Historical features 12) Neighborhood center 6) Water and sewer 13) Lighting plan 7) Stormwater management 14) Affordable housing Bridger View PUDP & PLAT Applications Response to Comments Page 1 • Updated information may only require a brief one-paragraph summary review of each of the items listed in Section 38.220.060, BMC, regardless of whether or not the information has been waived. This will assist the City Commission in their review of the application. At the time of submitting a preliminary plat application, please address all other applicable supplemental information as set forth in Section 38.220.060, BMC, which has not been waived. RESPONSE: The preliminary plat application includes information regarding all the required supplemental information and the one-paragraph summary reviews. Please see Section 08 "Additional Preliminary Plat Supplements Narrative" of the preliminary plat application. The appendices include longer documents such as the Geotech Report, the Preliminary Engineering Water/Sewer/Stormwater Reports and the Traffic Study. 2. The preliminary plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM). RESPONSE: The preliminary plat conforms to these requirements and has been prepared by Stahly Engineering. Please see Section 09 "Drawing Set" of the preliminary plat application. • 3. As noted in the submittal materials, no changes were made to respond the deficiencies and design standards not supported by the City in the Preliminary PUD application were made. Therefore, staff is unable to provide meaningful and accurate comments and suggestion on the pre-application plan. The purpose of preliminary plats are to identify critical path issues and begin analyzing impacts on basic health, safety and general welfare concerns through a collaborative approach by affected departments. RESPONSE: This preliminary plat application addresses all comments from the Pre-Application and Concept PUD. Note that several relaxations are requested as allowed with a PUD. The detailed list of relaxations and the corresponding narrative justifying each relaxation can be found in Section 04. 4. Bridger View Development underwent Preliminary Planned Unit Development (PPUD) review, see application 17-441. All comments and suggestions are hereby incorporated into this preapplication review. Section 38.430.090 details PUD process and evaluation criteria. The following comments are from an email provide by Mr. Brian Krueger on Friday May 10, 2019 in reference to eligible performance standards for the PUD. a. Not eligible for affordable housing points unless the units meet 65% AMI, see definition of affordable housing in the cod definitions A section b. The additional open space differs in points if it's public or private, and must not • include setbacks and meet the other spatial requirements of the code. c. Likely eligible for brownfield Bridger View PUDP & PLAT Applications Response to Comments I Page 2 d. Not eligible for LEED© if you are not pursuing certification • e. Likely eligible for LID, depends upon the extent of LID improvements on a site of this size f. Sustainable design must be met in all categories listed in code (solar on all buildings, EPA water sense, energy third party certification, and LEED or equivalent for all buildings) likely not eligible g. Wayfinding not eligible as it is for larger 30 acre projects utilizing 38.560.070 h. Recycling transfer station not eligible unless you are provided a Gallatin Solid Waste District transfer station on site i. Likely eligible for bus if an enhanced stop is provided j. Likely not eligible for streetscape as it is hard to envision Hillside Lane with those amenities RESPONSE: Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Bridger View Redevelopment incorporates all applicable PUD point categories and provides significantly more than 20 performance points. In some cases, the neighborhood is not eligible for points even though it incorporates significant elements of the category. Please see Section 05— PUD Points for details. 5. The supplemental documents outlined in BMC 38.220, part 2 are deemed required with this application as there are common facilities including city parkland, open space and the associated stormwater facilities, rights of ways for pedestrians and perimeter street • public lands landscaping required that is the responsibility of the property owners' association to own (open space) and maintain (all). The plat must clearly state maintenance responsibilities for these facilities and the supplementary documents must be provided in draft form with the preliminary plat application. RESPONSE: The Certificate of Dedication on the first page of the preliminary plat drawing clearly specifies maintenance responsibilities. This is also addressed in the Covenants which can be found in Appendix 10.b. 6. The submitted plat does not meet minimum standards for preliminary plats for review. See section 38.220.030, BMC. Subdivision layout. The proposed layout of the subdivision showing the approximate: a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each block, tract and lot. b. Street location, right-of-way width, and name. c. Easement location, width and purpose RESPONSE: The preliminary plat meets all required standards. Please see Section 09 "Drawing Set" of the preliminary plat application. 7. Section 38.400.010.A.5, Dead-end streets. Dead-end streets must comply with city design specifications and standards, and with any city-adopted International Fire Code. • No dead-end streets longer than 150 feet are permitted without an approved turn- Bridger View PUDP & PLAT Applications Response to Comments I Page 3 • • • around. Where streets terminate, the developer must provide a cul-de-sac at the terminus. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac must be provided. All approved turnarounds must be signed as no parking. Although there are no dimensions listed on the face of the plan (not plat) it appears the design includes dead-end streets greater than 150 feet. RESPONSE: There are no dead-end streets proposed with these applications, the neighborhood layout was revised to include an east-west vehicular connection. Parking Courts longer than 150 feet are looped for emergency service vehicles with appropriate turning radius and weight specifications as required by the Fire Department. 8. Section 38.400.010.A.5, Encroachment permits. The person or entity undertaking the development must obtain encroachment permits for all access to state highways. Encroachments permits are required from Montana Department of Transportation for all access from State Highway 86. RESPONSE: All required encroachment permit applications have been submitted to the Montana Department of Transportation (MDT). Please refer to Appendix 10.h of the preliminary plat application. 9. Section 38.400.020. Street and road dedication. As noted in the Preliminary PUD comments any private street must include documented proof of adequate funding and scheduling for maintenance of all private streets, must be provided, subject to section 38.220.200. RESPONSE: Assessments will be required for the maintenance of privately maintained streets. Please refer to the Master Declaration (CC&Rs) for Homeowner's Association Articles of Incorporation (State Incorporation of not for profit homeowner's association (HOA) corporation) Bylaws which can be found in Appendix 10.b. 10. Section 38.400.050.A.1. Right-of-way width and construction standards contained in this chapter: the most recently adopted long range transportation plan; the City of Bozeman Design Standards and Specifications Policy; and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Proposed streets do not meet minimum standards as proposed. RESPONSE: Hillside Lane is the only dedicated and publicly maintained street within the neighborhood. Hillside Lane meets all City standards and specifications. Other internal streets will be dedicated for public use and owned and maintained by the Bridger View Owner's Association. • 11. Section 38.400.050.A.2. Access streets and roads which are not on the city's or county's road maintenance system must be dedicated to the public or must have a public Bridger View PUDP & PLAT Applications Response to Comments I Page 4 • • easement which meets the criteria of this division 38.400. Easement language on plans • does not include required language. RESPONSE: A relaxation is requested to allow the PUD to have internal streets (less than 60 feet with alternative designs) that are dedicated for public use owned and maintained by the Owner's Association. See Section 04, the Preliminary Plat in Section 09 (see Certificate of Dedication) and the Covenants in Appendix 10.b. 12. Section 38.400.080. Sidewalks. It appears attached sidewalk are proposed for streets. This type of design does not meet the City Specifications for roadway designs. Please redesign or address through the planned unit development. RESPONSE: City Specifications for standard boulevard sidewalks are proposed along Hillside Lane. Other sidewalks will be privately maintained and are addressed through the Planned Unit Development. The diagrammatic paving plan on Page 26 of the Design Guidelines clearly shows the circulation system in more detail. 13. Section 38.400.060.A. All street improvements must be designed by and constructed under the supervision of a professional civil engineer, registered in the state, and must meet or exceed the right-of-way and construction standards adopted by the city (including but not limited to an adopted transportation plan or specifications manual) and required for the type of street to be constructed. Insufficient information was provided to determine whether or not this standard will be met. RESPONSE: All street improvements will be designed by and constructed under the supervision of a professional civil engineer registered in the state. Preliminary designs are submitted for approval with the Planned Unit Development; , relaxations include alternative street designs for Blue Silos Way, Millworks Way and Flourhouse Way. Detailed construction drawings will be submitted to City Engineering prior to Final Plat. Note that a relaxation is requested from 38.400.050 as detailed in Section 04. 14. Section 38.400.090. Access. All lots must have drive access from an improved public street, private drive, or alley. Numerous development sites do not meet this standard. RESPONSE: All units are adjacent to a network of public access easements and/or rights-of-way to ensure legal and physical access for every lot. What is different about this neighborhood is that the design prioritizes the circulation systems of pedestrians and bicycles over vehicles. This is similar to what the Cottage Housing Ordinance and Courtyard Access provisions allows. Please see the preliminary plat or Sheet C0.2 and the List of Relaxations in Section 04. 15. Section 38.410.020. Neighborhood centers. All residential subdivisions or planned unit • developments that are ten net acres in size or greater, must have a neighborhood Bridger View PUDP & PLAT Applications Response to Comments I Page 5 • 0 center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. Generally, the center must be no less than one acre in size. Although a number of common areas are proposed staff is unable to determine if these areas will meet the standards herein. Please address with the preliminary plat application. RESPONSE: This Planned Unit Development is less than 10 net acres in size. Although a "neighborhood center" is not required for a project of this scale, a common house, or neighborhood center, is proposed in the southwest corner of the neighborhood at the terminus of the Hillside Lane green. Additionally, the project site is directly adjacent to the Story Mill Community Park which serves as a neighborhood center at a larger scale. 16. Section 38.410.030A. Dimensions and orientation. Lot size, width, shape and orientation must be appropriate for the location and contemplated use of the development. In residential developments, a variety of lot sizes must be provided to facilitate housing diversity and choice, and to meet the projected requirements of people with different housing needs. Lot designs with irregular shapes, narrow necks, points and flag shapes are permitted only when the developer can demonstrate that the proposed lot designs are necessary due to topography or other physical constraints on infill. Each lot must contain a satisfactory building site adequate for the uses permitted in its zoning district. Each lot must conform to this chapter, any growth policies, any applicable adopted neighborhood or subarea plan, and to any applicable regulations of the state department of environmental quality. In addition, minimum dimensional standards are listed in section 38.320. Many proposed lots do not meet minimum dimensional standards. Please ensure all non-standard lots are addressed in the PUD and provide alternative design elements providing community benefit as described in section 38.430. RESPONSE: The Bridger View Neighborhood is envisioned as a demonstration of compact neighborhood development, as such, lots, streets and homes are all scaled down proportionately. Relaxations from dimensional standards are requested as part of this Planned Unit Development. Please see the Section 04 of the preliminary PUD and Plat applications. Also refer to the lot diagrams at the end of the Design Guidelines which show proposed building envelopes per lot. HRDC is acting as the developer for the project as a whole from the subdivision to the construction of buildings. 17. Based on the proposed design, the courtyard accessed lot provisions detailed in section 38.410.030 may be a viable solution to the desired outcome. RESPONSE: The design team has taken guidance from Section 38.410.030 which allows a "series of lots (limited to five) clustered around a private internal roadway." This project, however, exceeds the limit of five and includes clustered lots around open space courtyards connected by pedestrian and bicycle paths rather than lots clustered around private internal roadways. Bridger View, as a Planned Unit Development, takes and adapts the courtyard access and cottage housing concepts a step farther and includes a relaxation to allow lots to be Bridger View PUDP & PLAT Applications Response to Comments I Page 6 legally and physically accessed by a series of open spaces and paths secured with a network of right-of-way and public access easements. Please see the relaxation table in Section 04 of the preliminary PUD application and preliminary Plat application. 18. BMC 38.410.040.D. Rights-of-way for pedestrians. No continuous length of block may exceed 600 feet without intersecting a street or pedestrian walk. Clearly identify that all pedestrian walks are required to be city standard five foot concrete sidewalks to qualify as a block separation. The pre-application plan does not adequately identify the location and dimensions in order to qualify for block separation. RESPONSE: The block lengths in Bridger View are about the length of 1.5 typical residential blocks. No blocks exceed 1320 feet in length. The neighborhood design offers exceptional connectivity through a series of interconnected public access easements rather than the typical suburban lot, block, street pattern. Block 3 is longer than 600 linear feet which typically requires one 30-foot wide pedestrian corridor. Rather than one wider corridor, Bridger View proposes a greater quantity of narrower connections. These sidewalks are designed to be four feet wide as more sidewalk connections allow for greater distribution and convenience for pedestrians. The four-foot sidewalks are another example of how each design component needs to be scaled down in a compact neighborhood. Please see the relaxation table in Section 04. • 19. BMC 38.410.040.D. Rights-of-way for pedestrians. Landscape and irrigation plans must be submitted with the preliminary plat application for the required landscaping in these rights of ways with the preliminary plat. This area must provide trees at one per every fifty feet in place of street trees. Utilize species recommendations for street trees. Maintenance of these rights of ways is the responsibility of the property owners' association and must be represented in the POA documents required in BMC 38.220 part 2. RESPONSE: Trees are provided at the required spacing and the recommended species list was utilized. Landscape and irrigation plans are included in both the preliminary plat application as well as the Preliminary PUD application. See Sheets L1.0— L.2.5. Right-of-way maintenance is addressed in the Covenants. 20. Section 38.410.040.E. Developments which have clearly delineated blocks must use block numbers or letters; each block must contain its own grouping of lot numbers and must be wholly surrounded by a street, separated by a park or pathway, not an alley. RESPONSE: This project proposes four blocks with sequential lot numbering (1- 57) for ease of reference. See the preliminary plat for information regarding proposed lot numbering. Bridger View PUDP & PLAT Applications Response to Comments I Page 7 0 • 21. BMC 38.410.080. Grading and drainage. Stormwater facilities must be provided for the public streets. All lots provided to accommodate stormwater from the public streets must be titled 'open space" lots with the correct lot and block number depending on location. The open space lots must be maintained by the POA and noted accordingly in the documents required in BMC 38.220 part 2 and on the conditions of approval sheet of the plat. BMC 38.410.080.outlines the requirements for stormwater drainage facilities including landscape design if surface facility is proposed. Landscape and irrigation plans must be submitted with the preliminary plat application for the required landscaping in all open space lots. RESPONSE: The site slopes gently down from east to west and from south to north. The northwest corner is the lowest part of the site. The overall difference in grade is approximately ten feet. This difference has been used to channel water to the detention areas. The slope of circulation and common spaces is typically under 3%, which is not noticeable. Most yards are nearly flat. For accessibility purposes, some back yards slope slightly up to the back door. See preliminary plat and the stormwater facilities details on Sheets C4.1, C4.2 and C4.3 of the drawing package as well as information in the Covenants which can be found in Appendix 10.b. 22. Section 38.410.120. Mail delivery. If mail delivery will not be to each individual lot within the development, the developer must provide an off-street area for mail delivery within • the development in cooperation with the United States Postal Service. The city will not be responsible for maintaining or plowing any mail delivery area constructed within a city right-of-way. RESPONSE: Mail delivery is accommodated with a covered mailbox cluster, which is central to the neighborhood and coordinated with the United States Postal Service. Please see the Blue Silos Plaza on the common building lot C-2. The owner's association will be responsible for ensuring the mail delivery area is adequately plowed. A letter from the USPS is included in Appendix 10.r. 23. BMC.550.070. All perimeter street boulevard, street trees and landscaping must be installed within one year of final plat approval. Landscape plans for these areas must be submitted with the preliminary plat application. Perimeter streets for this subdivision include Bridger Drive and Hillside Lane, and all internal pathways. RESPONSE: Perimeter street boulevard landscaping will be installed within one year of final plat approval per phase. See the planting plan on Sheet L2.0 which includes proposed phasing and details of landscaping. HRDC is developing the entire project from the subdivision components to the buildings. 24. Please detail any proposed phasing of the development. Each subdivision phase must • stand on its own. Bridger View PUDP & PLAT Applications Response to Comments I Page 8 RESPONSE: Three phases are proposed. The first phase includes Hillside Lane and the western portion of the property on both sides of Blue Silos Way. Phase 2 includes the area south of Millworks Way and east of Flourhouse Way. Phase 3 includes the area in the northeast portion of the site north of Millworks Way. The phasing lines have been included on the majority of drawing sheets to clarify improvements per phase. See the phasing plan on Sheet C1.0 of the drawing set. 25. Pre-app plans shows 30-foot sewer and utility easement. The site plan shows these areas provide vehicular access to parking areas. The easements must include vehicular and pedestrian access explicitly. RESPONSE: All water and sewer mains will be either be: 1) within a right-of-way or 2) within a Utility Easement and Public Access Easement, where applicable. Deviations will be requested from the design standards as described in each engineering report. See the proposed easements and right-of-way indicated on the preliminary plat. Also, please refer to the detailed explanation of relaxations in Section 04. 26. Proposed trees are shown within the 30-foot sewer easement. Deep-rooted plants are prohibited within the easement area. Please revise with the PPUD and Preliminary Plat submittal. RESPONSE: This Planned Unit Development proposes a very specific and • coordinated utility and planting plan. No deep-rooted plant will be located within the required easements. See Sheet L2.0 for the overall planting plan and Sheet L2.1 — L2.3 for the enlarged planting plans. 27. With the PUD and Preliminary Plat submittal please provide a detailed summary of which lots will be deed restricted affordable and at what level of AMI. The summary must include block and lot references showing that the minimum lot dimensions are met and applicable setbacks are clearly shown. This is necessary to ensure future building permits can be issued as desired. Please refer table 38.320.030, form and intensity standards. RESPONSE: Again, the HRDC is acting as the developer for the entire project including both the subdivision as well as individual building construction. The Affordable Housing Plan and the Community Housing Plan can be found in Appendix 10.c and 10.d. The required lower-priced units meeting the Affordable Housing Ordinance will be identified at final PUDIPlat and evenly distributed by phase. There is no distinction in design between market rate homes, lower-priced homes and missing middle homes. The lot diagrams in the appendix of the Design Guidelines show, in detail, how every lot will be developed. 28. Pursuant to section 38.420.020, parkland dedication is required. The applicant is . proposing improvements-in-lieu to meet this requirement as allowed by section Bridger View PUDP & PLAT Applications Response to Comments I Page 9 • 38.420.030, BMC. With the preliminary plat application please provide written documentation showing the nexus between the proposed improvements-in-lieu site that the improvement was intended to meet the requirement of parkland dedication for the Bridger View Development site. Or, if appropriate, submit written statement, approved by the City that certain improvements are specifically for subsequent development within the service area of the development prior to the construction of said improvements. RESPONSE: The Trust for Public Land and the HRDC have been working with the Parks Department and the Recreation and Parks Advisory Board to use the "improvements in lieu of parkland" program to develop the parking lot in the southeast portion of the Story Mill Community Park. The Trust for Public Land and HRDC requested review before the Recreation and Parks Advisory Board Subdivision Subcommittee as part of the Pre-Application to be able to start the construction and credit the amount of the proposed improvement to the Bridger View Redevelopment project. On May 7, 2019, the RPAB met to discuss the proposal and unanimously supported the concepts presented. Final paperwork will be provided with the Final Plat as required. Please see the parkland certificate with calculations and amounts which is provided on the preliminary plat as required. ENGINEERING COMMENTS: 1. See comments received from Preliminary Planned Unit Development application No. 17-441. RESPONSE: Written responses to comments from the Concept PUD application 17-441 are provided in the following section. PARKS COMMENTS: 1. See attached memos and documentation from the Recreation and Parks Advisory Board Subdivision Subcommittee (RPAB). RESPONSE: The RPAB supported the request for improvements in lieu of dedicated parkland. Details and an email are provided in the preliminary plat submittal, Appendix 10.q. NORTHWESTERN ENERGY COMMENTS: 1. Please refer to Preliminary PUD comments. RESPONSE: Written responses to these comments are provided in the narrative in the next section. • 2. A ten-foot utility easement is required centered on the transmission line that crosses the on the northeast corner subject property. Bridger View PUDP & PLAT Applications Response to Comments I Page 10 • . r RESPONSE: This application proposes to work with the Parks Department to • relocate the existing overhead powerline. See Sheet C1.2 "Shallow Utility Plan" for details. STANDARD CODE PROVISIONS REQUIRED: The preliminary plat shall comply with the standards identified and referenced in the Unified Development Code. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Code and the Bozeman Municipal Code (BMC) and shall be addressed with the preliminary plat application: 1. Section 38.02.050 BMC, Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. RESPONSE: This application proposes to use the existing on-site wells for irrigation which will reduce the water demand and the resulting fees. 2. Per Section 38.06.030 BMC, Mortgagee. If there are liens or mortgages against the property the appropriate Mortgagee certificate must be included. RESPONSE: See preliminary plat. 3. Section 38.23.060, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. RESPONSE: The team has been coordinating with Northwestern Energy to propose an alternative utility plan. Electrical lines are typically run in in a "shallow utility trench" with alive- or ten-foot easement. The shallow utilities are kept separate from the deep utilities. They are distributed under alleys and�enter houses from the back yard. The electric line along Story Mill Community Park is located at the street side of the houses along Blue Silos Way instead of the park side. The line along Bridger.Drive is adjacent to the trail. Transformers and junction boxes are located where the properties can be served efficiently without intruding on the quality of the environment, particularly the common circulation spaces. Phone and data lines are laid adjacent to electric lines. The utility easement allows for the required access to both electric and communications lines. Communications pedestals are located in visually unobtrusive locations. Sheet C1.2 "Shallow Utility Plan" shows the details of the proposed utilities. Bridger View PUDP & PLAT Applications Response to Comments I Page 11 • • • 4. Section 38.23.080.D Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned by the City and maintained by the property owners' association and noted accordingly in the protective covenants. RESPONSE: The storm water facilities for Hillside Lane will be located in the public right-of-way. The storm water facilities for the remainder of the property are located on common open space parcels secured with a public access easement. Maintenance and easements are addressed on the Preliminary Plat and the Covenants. 5. Section 38.23.080.G Finish Grade. All finish grades in landscaped areas shall comply with the provisions set forth in Section 38.26.0501. RESPONSE: All finish grades will comply with the relevant code section. 6. Section 38.23.080.1-1 Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site • feature. A visual inspection notes that some of the stormwater facilities do not copy with this section including the 25% maximum slope. RESPONSE: Stormwater facilities are thoughtfully coordinated with the landscape plan. Because stormwater will collect in the courtyards, plants must withstand periodic wet conditions, even in a dry climate. The intent is to differentiate areas within each courtyard to allow for a variety of conditions. The southernmost part will be most densely planted with shade trees. The northerly area will be mostly open and sunny, which will be inviting at colder times. Each courtyard will be planted to emphasize its own unique identity. The Bridger View Homeowners Association will be responsible for maintaining the stormwater facilities and plantings. See Drawing Sheets L2.0— L2.4 for details of the landscaping and stormwater facilities which comply with the above referenced code sections. 7. Section 38.23.120, if mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are use a dedicated area to pull up and access the boxes must be provided. RESPONSE: Mail delivery is accommodated with a covered mailbox cluster, which is central to the neighborhood and coordinated with the United States Postal Bridger View PUDP & PLAT Applications Response to Comments I Page 12 1A Service. Please see the Blue Silos Plaza on the common building lot C-2. The • owner's association will be responsible for ensuring the mail delivery area is adequately plowed. A letter from the USPS is included in Appendix 10.r. 8. Section 38.26.070 BMC requires that the perimeter external streets of the subdivision be constructed with a vegetative boulevard, street trees and irrigation in the public right of way. RESPONSE: The perimeter street includes a vegetated boulevard as required. Please see the landscape plans on Sheets L2.0 — L2.4 9. Section 38.27.090 Waiver of Park Maintenance District. Executed waivers of right to protest the creation of special improvement districts (SIDs)for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation. RESPONSE: This waiver of Park Maintenance District will be filed after preliminary plat approval and prior to final plat approval as it typical for subdivisions. 10. Section 38.38.020 Property Owners' Association. All areas reserved for open space and other common areas (i.e., storm water facilities)to be owned and maintained by the property owners' association will need to be identified on the preliminary plat as "common open space", not"open space", and so noted accordingly in the property • owners' association documents. RESPONSE: The required naming protocols for open space have been followed. Please refer to the preliminary plat drawings and the Covenants which can be found in Appendix 10.b. 11. Section 38.38.030 Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: a. the orientation and setbacks for corner lots, b. all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, c. provisions for fences, d. provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, e. guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, f. provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., Bridger View PUDP & PLAT Applications Response to Comments I Page 13 • • • g. landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., h. mitigation of groundwater with established floor elevations and "no basement restriction", i. noxious weed control, and j. assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. RESPONSE: Draft Design Guidelines (Appendix 10.a) and draft Covenants (Appendix 10.b) and are included with this submittal. The final versions will be submitted with Final Plat and Final PUD. 12. Section 38.39.030 Completion of Improvements. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. RESPONSE: It is the developer's intent to file the final plat prior to the completion of required improvements. An improvements agreement and acceptable method of security will be provided with the final plat documents. Please refer to the concurrent construction documentation in Appendix 10.g. 13. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the preliminary plat. RESPONSE: A noxious weed management and revegetation plan, approved by the County Weed Control District has been submitted as part of the preliminary plat package as required under Appendix 10.j. 14. Section 38.41.50A.5 Documents and Certificates. A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the preliminary plat application for review and approval by the Community Development Department and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of private streets, common open space areas, public parkland/open space corridors, mail delivery areas, Bridger View PUDP & PLAT Applications Response to Comments I Page 14 stormwater facilities, public trails, sidewalks, snow removal, and other areas common to • the association pursuant to Article 41 of the Bozeman Unified Development Code. RESPONSE: A draft of all the required documents is included with both the preliminary plat and preliminary PUD applications. These documents include provisions for assessment, maintenance, repair and upkeep of private streets, common open space areas, open spaces, mail delivery areas, stormwater facilities, public trails, sidewalks, snow removal, and other areas common to the association. 15. Article 6. The certificates listed in Section 38.06.020 through 38.06.110 shall be shown on plat and certificates of survey, as appropriate. RESPONSE: The required certificates are on the preliminary plat. 16. Article 41. All preliminary plat requirements, as outlined in Article 41, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review Committee via waiver. RESPONSE: All preliminary plat requirements have been provided except as approved via a waiver. 17. A complete preliminary plat application shall be submitted to the Community Development Department within one calendar year of the date the Community Development department dates, signs and places pre-application comments in the outgoing mail. RESPONSE: The preliminary plat is being submitted within the required time frame. PRELIMINARY PLAT SUBMITTAL REQUIREMENTS: Section 38.41.010, BMC— General. All applications and supplemental material, including all copies of plats and site development plans, shall be bound and folded into complete 8'/z- by 11- inch or 8'h- by 14-inch sets ready for distribution. All plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in size and shall be folded and included in the bound submittal. A digital (PDF) copy of the entire submittal (applications, supplemental material, plat and plans) shall be provided as required. Four applications forms are required for all Preliminary Plat Applications. These documents detail all submittal requirements and each form must be completely filled out and included with each digital copy of the submittal packet. Required Applications 1. Form Al - Development Review Application 2. Form PP — Subdivision Preliminary Plat Required Materials 3. Form PP1 — Subdivision Preliminary Plat Checklist Bridger View PUDP & PLAT Applications Response to Comments I Page 15 1 • 0 1� • 4. Form N1 — Noticing Materials RESPONSE: The required application forms and noticing materials are all included in the preliminary plat application package. Concept PUD Comments (Fall 2017) Planning 1. Section 38.20.070 BMC Phasing of Planned Unit Developments—the application should provide a phasing plan if all parking and circulation is not constructed at one time. The landscape plan shall also address phasing. Open space must be provided concurrent with development. RESPONSE: The Planned Unit Development is proposed in three phases as detailed in the drawing set and narratives. 2. Section 38.20.070.D BMC Phased Planned Unit Development Submittal Requirements - the formal application will need to include design guidelines. Staff recommends that any provisions in the design guidelines meet current standards and reflect current regulations and best practices; architectural guidelines, dimensional requirements, signage, perimeter buffering, landscaping, outdoor storage, bicycle parking, stormwater, lighting, trash enclosures, irrigation, etc. RESPONSE: Design Guidelines are included, as required, in Appendix 10.a of both submittals. 3. A revised master landscape plan shall be provided and is required to be prepared by a qualified landscape individual or landscape architect and at a scale that is clearly readable and easy to review for each phase of the development. Phasing shall be provided on the landscape plan if proposed. At a minimum all perimeter landscaping and open space required shall be provided with phase 1 if phasing of the expanded are is proposed. RESPONSE: A master landscape plan prepared by a landscape architect is part of this application. See Sheet L2.0 for the overall landscape plan which includes proposed phasing. Sheets L2.1 — L2.3 are enlarged to be more easily readable. 4. Section 38.20.070.E BMC Open Space Provisions for Phased PUD Developments—the formal application will need to discuss how each phase will include an appropriate share of the proposed recreational, open space and public plazas and other site and building amenities of the entire development used to meet the requirements of Section 38.20.090.E.2.a.7 BMC. RESPONSE: Each phase is designed to include an appropriate share of amenities to address this code. The phasing plan is noted on all relevant drawings. Bridger View PUDP & PLAT Applications Response to Comments I Page 16 • � yr_ r 5. The planned unit development design objectives and criteria in Section 38.20.090 B & C • should be reviewed carefully. Criteria one requires compliance with the City's Design Guidelines in the Design Objectives Plan for Entryway corridors. The developments site layout as proposed generally in conformance with many of the objectives and guidelines within the Design Objectives Plan. RESPONSE: The proposed PUD meets the review criteria under Section 38.430.840 which has been revised and no longer includes references to the Design Objectives Plan. 6. Section 38.20.090.E.2.a BMC "All Development"—the formal application will need to discuss how the planned unit development complies with the objectives and criteria of the mandatory"All Development" group. RESPONSE: The proposed.PUD meets the "All Development" section of the UDC. A detailed narrative is included in Section 07 "Statement.of Planning Objectives" as required. 7. The architectural and landscape guidelines contained in the project's Development Manual should be a part of the property owners' association (POA) documents. A copy of all existing POA documents including the covenants, restrictions, and articles of incorporation shall be submitted to Planning Division with the formal application. • RESPONSE: The Design Guidelines (Development Manual) are included with this submittal and will be referenced by the Covenants. Please see Appendix 10.a and 10.b for these documents. 8. A complete PUD Preliminary Plan Review application shall be submitted to the Planning Division within one calendar year of the date the Planning Division dates, signs and places concept PUD plan review application comments in the outgoing mail. RESPONSE: An extension was provided via email by the Department of Community Development. 9. All proposed relaxations shall be documented and outlined in the formal application. Right-of-way relaxations may be required in additional to proposed relaxations. RESPONSE: All proposed relaxations are documented within this application. Please see Section 04. 10. If any additional relaxations are proposed they should be clearly listed by article and section in the application. A justification for each new relaxation shall be provided. Bridger View PUDP & PLAT Applications Response to Comments I Page 17 iy • I� • RESPONSE: All proposed relaxations are documented within this application. Please see Section 04. 11. Individual lots should show specific yard setbacks, green space, or plazas between the building and off-street parking areas. Additional details on the designs of these spaces shall be incorporated into the design guidelines. Applicant must provide individual plats for all common areas, please review platting standards for subdivisions. RESPONSE: Individual lot plans are included in the Design Guidelines in Appendix 10.a. The drawing set in Section 09 includes detailed plans for each of the open spaces and common lots. 12. The formal application should include a copy of the proposed design guidelines. RESPONSE: The proposed Design Guidelines are in Appendix 10.a. 13. PUD open space is required to comply with the landscaping provisions of 38.26. This includes required plant groupings and irrigation system. See 38.26.060 for specific landscaping points requirements. RESPONSE: This neighborhood is proposing a landscape plan that provides local character and stewards resources, exceeding what is required by code. Section • 38.550.020 states: "Notwithstanding the application of subsection A of this section, the provisions of this division 38.550 do not apply to the following... Lots or sites within a planned unit development which has been approved with its own landscape plan...".A relaxation is included to allow the design team more flexibility to create a quality and thoughtful project rather than trying to fall within the confines of the mandatory plantings/groupings and the point system. Overall, 166 new trees will be planted and 39+ existing trees are tagged for preservation. More than 75 percent of the new landscaping is drought tolerant. Additionally, seven benches, eight boulders and a public art area are proposed in the open spaces. A detailed explanation of the landscaping is provided in the Design Guidelines, Section II. Sheets L2.0 —L2.5 show the proposed landscaping in detail. 14. Applicant must contact the City Forester to discuss the Common Area plantings and the required separation between planting and utilities. RESPONSE: The Design Team has been in contact with members of the Development Review Committee to discuss plantings and utilities. 15. Applicant must contact Northwestern Energy to discuss utility access, there is currently not a viable access for proper design and separation between water, sewer and utilities. RESPONSE: The Design Team has been in contact with members of the Development Review Committee to discuss easements, plantings and utilities. Bridger View PUDP.B PLAT Applications Response to Comments I Page 18 r, 16. All offsite parking must be adjacent to property on the north side of Hillside Lane. • RESPONSE: The site plan has been redesigned to now include parking on both sides of Hillside Lane. Engineering Comments: 1. A traffic impact study for the proposed project will likely indicate the need to construct a signalized intersection at the intersection of Story Mill Road and Bridger Drive. Per Bozeman Municipal Code (BMC) Section 38.24.060.B.4, the intersection must be upgraded or waiver approved per BMC Section 38.24.060.B.4.b prior to final plat approval. RESPONSE: A traffic impact study is included in the Preliminary Plat application, Appendix 10.p. The intersection of Bridger Drive and Story Mill Road will continue to function at a level of service C after the addition of the traffic generated by this project. However, with the projected growth in traffic within the next 15 years, this intersection will fall below a level of service C, with or without this project. Because intersection improvements are proposed within the Capital Improvements Plan within the next three years, a waiver from the 15-year level of service requirement is requested. Note that the improvement referenced in this • comment has been added to the Capital Improvements Plan and is scheduled for Fiscal Year 2021. 2. Story Mill Road must be upgraded from the intersection of Bridger Drive and Story Mill Road to the intersection of Story Mill Road and Hillside Lane to a City collector street standard as identified in the 2017 Bozeman Transportation Master Plan prior to final plat approval. The funding mechanism for this upgrade has not been identified yet and includes several possible options: a. Implementation of a special improvement district (SID) is a possibility if the protest of the SID passes per State requirements. The applicant will be required to generate all SID documents to prepare the SID if this funding mechanism is used. b. The project is impact fee eligible; however, the project is not currently on the City's capital improvements plan (CIP). If the project is prioritized on the City's CIP, the applicant will be responsible for the local share of the cost of improvements to Story Mill Road. c. The project may be developer funded with subsequent payback of non-local share costs of the upgrade using a payback district. Payback districts must be approved by the City Commission. RESPONSE: This improvement has been added to the Capital Improvements Plan and is scheduled for Fiscal Year 2021. Bridger View PUDP & PLAT Applications Response to Comments I Page 19 • 3. The applicant must provide a traffic impact study with the preliminary planned unit development (PUD) application. RESPONSE: A traffic impact study is included in the Preliminary Plat application, Appendix 10.p. 4. Given the traffic demand and high demand for parking, Hillside Lane must be 35-feet in width to accommodate parking on both sides of the street. RESPONSE: Hillside Lane is proposed to be 35-feet in width within a 64-wide right-of-way to accommodate parking on both sides and wider boulevards for stormwater and other streetscape improvements. Public access easements on either side of Hillside Lane allow for additional streetscape improvements. Please see Sheet 4.2 Site Details for road sections. 5. The City will not maintain the proposed private streets and alleys. The homeowner's association will be responsible to maintain the proposed private streets and alleys. RESPONSE: The Bridger View Owners Association will be responsible to maintain the internal streets and alleys. Blue Silos Way, Millworks Way and Flourhouse Way are planned rights-of-way dedicated to the public use and owned and maintained by the owners' association. Hillside Lane is a planned right-of-way dedicated to the public use and owned and maintained by the City of Bozeman. This is noted on the Certificate of Dedication on the preliminary.plat as well as in the covenants. 6. No functional street or alley frontage is provided for many of the units bordering Bridger Drive provided per BMC 38.24.090.B.2. RESPONSE: Functional access is provided to the units bordering Bridger Drive by a series of interconnected public access easements that directly border these lots. A relaxation is included in Section 04 to allow alternative access. 7. A 1-foot no-access strip must be placed on the plat to indicate no individual home accesses will be allowed to Bridger Drive. RESPONSE: Non-applicable— no individual home lots are directly adjacent to Bridger Drive. They are separated by a public access easement for the Path to the M. 8. The applicant must obtain approval from the Montana Department of Transportation (MDT)for the proposed secondary emergency access to Bridger Drive prior to preliminary PUD approval. • Bridger View PUDP & PLAT Applications Response to Comments ( Page 20 • RESPONSE: The access referenced in this comment is now proposed as a full . public access. Please see MDT Encroachment Applications in Appendix 10.h of the preliminary plat application package. 9. The applicant must define adequate snow storage for plowing all internal drives. RESPONSE: The site has been designed to allow for safe passage and access throughout the year. Snow storage is accommodated in every major common space, providing a good distribution of storage areas and ample space for accumulation. Areas that manage stormwater in summer are also designed to afford snow storage in winter. Site landscaping and fixtures are located to allow for snow plowing to clear streets and common paths. Individual homeowners are responsible for shoveling the snow on their lot, which must be stored within their lot. The Bridger View Homeowner Association manages snow on common property. Please refer to Page 25 of the Design Guidelines for a diagram of the major snow storage areas and Sheet L4.0 "Snow Storage Plan." 10. The proposed turn-arounds are insufficient for emergency vehicle turn-around requirements and garbage and recycling vehicle access to the proposed project site. RESPONSE: The overall site plan has been revised since this comment. There are no longer any required turnarounds. The Parking Courts are now connected by an • emergency-services-only loop to better address the concerns of the Development Review Committee. 11. Fire lane striping and signage details are required. RESPONSE: "No Parking Fire Lane" signage is proposed at adequate spacing along all the internal ways. There are no curbs along these streets, therefore no striping is included. Please see the Preliminary Plat submittal materials, Sheet C5.0 Signage and Striping Plan and Sheet C5.1 Signage Details. 12. Appropriate addressing for the proposed homes is required to ensure emergency services and other services can quickly locate all units in the subdivision RESPONSE: Code-compliant house numbers will be 3-inch high black metal numbers on a blackframed light-color address board mounted next to the front door as specified in.the Design Guidelines. The team will work though addressing with emergency services, Engineering and GIS to ensure units can be quickly located. 13. A local street connection is required. Offsite street connection and local street improvement must be defined and approved prior to preliminary PUD approval. The proposed West Court may be converted to a local public street or a local street • connection from Hillside Lane through the adjacent Story Mill Park. To accomplish this, Bridger View PUDP & PLAT Applications Response to Comments I Page 21 ti • the proposed drive aisle through Story Mill Park must be converted to a public, local street. RESPONSE: Blue Silos Way (formally West Court) is now proposed as a right-of- way dedicated to the public use and owned and maintained by the Owners' Association. 14. The applicant must abandon any unused water and sewer services and mains per City Water and Sewer Division requirements. RESPONSE: There are no unused City water or sewer services or mains on the subject property. See notes on C1.0 Existing Conditions Plan. 15. If the existing wells on the site will not be used, the applicant must abandon the wells per Montana Department of Natural Resources and Conservation requirements. RESPONSE: Existing wells will not be abandoned; they will be used for irrigation. Please see Sheet L2.5 Irrigation Schematic & Preliminary Water Demand Estimate. 16. The applicant must pay the Story Mill Road and Griffin Drive Sewer Payback District assessment associated with the subject property prior to final plat approval • RESPONSE: The Payback District Assessments will be paid prior to final plat approval. 17. The City of Bozeman Design Standards and Specifications Policy requires 10-feet of separation to be maintained between water/sewer services and trees, other utilities, and significant landscaping features. RESPONSE: 10-feet of separation is maintained between all mains and trees. Flexibility for slightly less separation is requested between privately maintained services and trees as discussed with the Engineering Division. 18. The proposed water main on East Court must be looped to the water main along Bridger Drive. RESPONSE: The water main will be looped as required. 19. A minimum 30-foot wide easement must be provided over all water and sewer mains. No structures, including structures such as trash enclosures or transformers, may be located over the easements. RESPONSE: 20-foot easements are proposed where only a water or a sewer main • is shown. Note that the majority of these 20-foot easements are directly adjacent to wider public access easements.Where water and sewer mains run parallel, 30- Bridger View PUDP & PLAT Applications Response to Comments I Page 22 foot easements are proposed. No structures are located within any of these • easements. Please refer to the Water Design Report Appendix 10.1 and the Sewer Design Report in Appendix 10.m. 20. The applicant must provide a minimum 12-foot wide, all-weather surface to all sanitary sewer manholes to allow maintenance vehicles and personnel to access the manholes. The homeowner's association will be required to maintain those surfaces. RESPONSE: There are 12-foot wide accesses shown to sanitary sewer manholes in the courtyards. 21. The applicant is advised to contact the City Engineering Division (Brian Heaston)for an analysis of cash-in-lieu (CIL) of water rights. The applicant must pay any CIL of water rights prior to final plat approval RESPONSE: The applicant will address any CIL prior to final plat approval. 22. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of'Right to Protest Creation of Special improvement Districts (SID's for the following): a: Street improvement to Story Mill Road including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Bridger Drive including paving, curb/gutter, sidewalk, and • storm drainage c. Intersection improvements to Story Mill Road and Bridger Drive The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvement on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the file SID waiver prior to final plat approval. RESPONSE: The owner will address prior to final plat approval. 23. A stormwater master plan will be required prior to preliminary plat approval. The master plan must depict the maximum sized retention or detention basins location and locate and provide easement for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basins and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. RESPONSE: Bridger View proposes to utilize Low Impact Design (LID) methods to provide decentralized stormwater mitigation, where numerous infiltration areas can replicate a natural hydrology, provide enhanced stormwater treatment and • function as site amenities. The LID stormwater mitigation will be designed in Bridger View PUDP & PLAT Applications Response to Comments I Page 23 accordance with City of Bozeman Design Standards and Specifications Policy for retention/infiltration facilities. See Appendix 10.n of the Preliminary Plat Application for the Stormwater Report. Impact Fee Comments: 1. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. RESPONSE: The owner understands and acknowledges this condition but would like to reiterate that that 40 homes previously occupied this site which should be factored into any calculation of impact fees. A "Site Specific Impact Fee Study" will likely be proposed prior to Building Permit applications due to the small building and lot sizes and well irrigation. • Bridger View PUDP & PLAT Applications Response to Comments Page 24 • ® 4,�6 4 1 � R . 1 DEPARTMENT OF C0MMUN1 Ty-B UY'AM NT • BRIDGER VIEW redevelopment Section 04 List of Relaxations & Justifications Bridger View Redevelopment Preliminary Planned Unit Development Application H R DC Ply® Relaxations Background In compact development, the visible and invisible pieces that make up a neighborhood all need to be carefully coordinated and proportionally scaled down. This often results in the need to request relaxations from zoning code and subdivision standards. As stated in Section 38.430.030 of the Bozeman Unified Development Code: "...the review authority may grant deviations, above or below minimum or maximum standards respectively as established in this chapter, including the complete exemption from a particular standard." Section 38.250.010.A.4 and 5 further describe the intent of PUD relaxations: "To provide through deviations a procedure for flexibility, as a means to support creativity and excellence of design..." and to "provide through departures a procedure for applicants to propose alternative design treatments provided such departures meet the 'purpose' of the particular standard and any additional departure criteria set forth." The following relaxations are anticipated with this Planned Unit Development (PUD). These relaxations are all really part of one request—to decrease the scale of each of the essential components of a neighborhood. • Bridger View PUDP & PLAT Applications PUD Relaxations I Page 1 • • Relaxation Summary Table • # UDC Section Title Quick Summary 1 38.310.030 Authorized To allow a new use "Common House" in the R3 zone uses To allow"Shared Parking Facilities" in the R3 zone 2 38.320.030.A Minimum lot To allow smaller lots area 3 38.320.030.B Minimum lot To allow narrower lots width 4 38.320.030.0 Lot coverage & To allow increased lot coverages and decreased setbacks setbacks 5 38.350.050.A Encroachments Relaxation for setbacks also applies to architectural features, patios, decks porches, balconies ramps and similar features 6 38.360.030 Accessory Relaxation for setbacks also applies to accessory structures structures 7 38.360.210 & Useable open To allow all units (attached, detached and vertical duplex condos) 240 space to be subject to the townhouse individual open s ace standard 8 38.400.050 Street right-of- To allow PUD to have internal streets (less than 60 feet with way width and alternative designs)that are dedicated for public use owned and construction maintained by the Owner's Association standards 9 38.400.090 Access To allow certain lots that do not include direct vehicular access but instead have access guaranteed by a series of interconnected public access easements, open space and rights-of-way and to allow other lots to have unseparated drive accesses along property lines. 10 38.400.100 Street vision To allow the woonerf intersections to maintain the 10-foot/10- triangles foot/15-foot street vision triangle • 11 38..410.040 Blocks To allow an alternative block design with 4' sidewalks as pedestrian breaks in corridors less than 30' in width and without 15' setbacks 12 38.410.040.E Lot numbering To allow more logical lot numbering based on the unique block configuration. Note this is not an essential project relaxation but is included to help future residents and the City with tracking. 13 38.410.060.B Private Utility To allow a very specific configuration of easements for private Easements utilities 14 38.410.060.0 Public Utility To allow a very specific configuration of easements for public Easements utilities 15 38.420.060.A Park Frontage To allow a public sidewalk and building fronts to face the park rather than a road 16 38.520.040 Sidewalk Width To allow certain sidewalks to be 4'wide 17 38.540.050 Parking While the total number of parking spaces exceeds the code requirements, this relaxation is to allow a very specific parking plan comprised of driveway spaces, remote spaces, flex spaces, visitor spaces, and on streets aces 18 38.550 Landscape To allow an alternative landscape plan 19 38.570 Lighting To allow an alternative lighting Ian Bridger View PUDP & PLAT Applications PUD Relaxations I Page 2 Relaxations Details • The following narrative details the code requirements and relaxations that are integral to this compact neighborhood. Note that that the numbers used are based on preliminary plat/plan applications and are subject to minor adjustments for the final plat/plan as the overall design continues to develop. An exhibit is included to help graphically depict these relaxations, however this document is being submitted as the official request for relaxations. 1. Permitted Uses in R3 for the Common House (38.310.030) Code Requirements: • Common House and shared parking structures are not contemplated for the R3 zone. • "Guest Rooms" —Accessory use in the R3 zone, but by definition, cannot be rented or offered for rent Project Details: This project proposes to add "Common House" as a permitted principal use in the R3 zone for this project. The Common House, located in the southwest corner of the site, provides a large meeting/dining room and a kitchen, where residents can gather for homeowner meetings, special community events, informal gatherings, classes and parties. The concept of the Common House is intended to be a shared accessory building to the neighborhood. Additionally, on the second floor are two guest suites with bedroom and bathroom, which • enables residents to have the affordable option of guest accommodations without building an extra bedroom in their own unit. This fits within goal of sharing amenities to allow the square footage of the homes to remain small. While the R3 zone allows "guest houses," the definition of"guest house" does not allow guest houses to be rented or offered for rent. Permitting these types of uses as part of the PUD allows the Owner's Association flexibility to collect fees to cover maintenance and operations costs. This PUD also includes shared parking facilities on the common lots. Distributed parking optimizes the site for homes, reduces heat islands and facilitates encounters among neighbors. The Design Guidelines in Appendix 10.a discuss the form and function of the Common House and the shared parking facilities in more detail. 2. Minimum Lot Area in R3 (38.320.030.A) Code Requirements: • Single-household dwellings: 4000 SF; 2700 SF (affordable) • Two-household dwellings: 2500 SF; also 2500 (affordable) • Townhouses and rowhouses: 3000 SF per unit; 2500 SF (affordable) • All other uses: 5000 SF Project Details: All residential lots range from 1713 SF — 3653 SF with an average of • approximately 2344 SF to accommodate a compact neighborhood. The common house lot Bridger View PUDP & PLAT Applications PUD Relaxations I Page 3 0 is approximately 3828 SF. The entire neighborhood will be constructed by HRDC in accordance with the PUD site plan. 3. Minimum lot width 38.320.030.E • Code Requirements: • Single-household dwelling: 50/40 feet (alley); 30 feet (affordable) • Two-household dwellings: 60/40 feet (alley) • Townhouses and rowhouses: Width of interior unit • All other uses: 50 feet Project Details: The residential lot widths range from 30-52 feet in width to accommodate a compact neighborhood. The smallest lots are approximately 30 x 60 feet. Refer to the Preliminary Plat or the Plat Summary Map on Sheet C0.2 in Section 09. 4. Lot coverage & setbacks (38.320.030.C) Code Requirements: • 40 percent lot coverage; 50 percent lot coverage (townhouses) • Front setback: 25 feet arterial and 15 feet for local streets • Rear setback: 20 feet • Side setback: 5 feet • Garage setback: 20 feet • Zero lot lines require 8 side yards on the opposite side Project Details: The lots include coverages ranging between 33 and 54 percent. It is important to note that despite smaller lots and higher lot coverages, the floor area ratios • (FAR) remain under the maximum code requirement of 1. This helps to ensure the units are appropriately scaled to the neighborhood. FARs generally range between 0.31 (one bedroom Bungalow) to 0.94 (Parkside). The setback reduction includes encroachments for porches, decks, eaves, parking, garages, etc. Generally, there is 5 feet of separation between buildings except where there are shared walls. Where there are zero lot lines, 8-foot setbacks are not included on the opposite side. Note that roof lines have been carefully designed to accommodate snow drainage. The site plan and individual lot exhibits in Appendix C of the Design Guidelines show the proposed setbacks lot by lot. 5. Encroachments (38.350.050.A) Code Requirements: • The code allows certain encroachments into setbacks for architectural features and porches. This relaxation is tied to#4 - with reduced setbacks for the buildings, architectural features, porches, balconies and decks will also encroach into setbacks. Please refer to the lot exhibits. • Bridger View PUDP & PLAT Applications PUD Relaxations I Page 4 • 6. Accessory Structures (38.360.030) • Code Requirements: • The code allows for reduced setbacks for accessory structures. This relaxation is also tied to#4 — accessory structures are also proposed to encroach into setbacks. Please refer to the lot exhibits. 7. Open Space Calculations (38.360.210 & .240) Code Requirements: The code has different open space standards for detached homes, townhomes and multiple household dwellings. • Single household dwellings up to four-plexes with alleys are required to provide ten percent of the lot size as open space with a minimum dimension of 15 feet. • Townhomes are required to provide an open space area equal or greater than 10 percent of the living area. Two main options are provided —fenced yard space with minimum 12-foot dimensions or a porch. • Multiple household dwelling units are required to provide 100 SF for studios and one- bedroom unit and 150 SF for 2+ bedroom units. Project Details: This project proposes to use the townhouse open space standard (10 percent of living space provided as a porch)for all units whether they are attached, detached or vertical duplex condominiums. In addition to private yards and shared open spaces, all units include a porch with an area that is at least 10 percent of the living area. Most porch minimum dimensions are 9' x 16' (144 SF). Note that the smaller Bungalow units • actually have a larger 9' x 18' porch. Please refer to Sheets A2.0—A2.4. 8. Street and road right-of-way width and construction standards (38.400.050) Code Requirements: • All streets and roads providing access to, and within, the proposed development must meet the following standards: 1. Right-of-way width and construction standards contained in this chapter: the most recently adopted long range transportation plan; the City of Bozeman Design Standards and Specifications Policy; and the City of Bozeman Modifications to Montana Public Works Standard Specifications.2. 2. Access streets and roads which are not on the city's or county's road maintenance system must be dedicated to the public or must have a public easement which meets the criteria of this division 38.400. A PUD allows alternative street standards. The internal streets are proposed to have narrower widths and meet alternative construction standards. These are proposed as dedicated right-of-way for public use but will be owned and maintained by the Owner's Association and not the City. Please see Appendix 10.0, Page C4.2 in the Drawing Set and the Preliminary Plat drawing. The final covenants will ensure adequate funding and specify details of scheduling for maintenance. • Bridger View PUDP & PLAT Applications PUD Relaxations I Page 5 9. Access (38.400.090) Code Requirements: • • Drive access from improved public street, approved private street or alley required • Unless otherwise allowed by this chapter, all lots must be provided with legal and physical access via one of the following options: a. Twenty-five feet of frontage on a public or approved private street; b. Twenty-five feet of frontage on a public or approved private street and an improved alley; or c. Twenty-five feet of frontage on an improved alley and a greenway corridor or trail corridor with public access. • Notwithstanding any other provisions of this chapter, drive accesses may not be located closer than five feet to any side property line, unless shared access, as defined in section 38.700, with the adjoining property is approved. This standard does not apply to the shared side property line of townhouse units with adjacent garages using attached drive aisles. • Individual and shared drive accesses must be physically separated by means of a landscaped area greater than or equal to ten feet in width between paved areas and extending from the front line of the building to the right-of-way line. Project Details: This project seeks to deemphasize the car therefore a relaxation is requested to allow certain lots that do not include direct vehicular access. All lots have designated parking spaces— see Sheet SP4. Also, all lots have legal and physical access guaranteed by a series of interconnected public access easements and rights-of-way. Lots either gain access via one of the standard UDC methods OR via twenty-five feet of • frontage on a park, open space or courtyard with public access on one side and a sidewalk or trail with public access on the other side. The Cottage Housing Ordinance and the Courtyard Access provisions allow similar scenarios. Related to the second two bullet points above, note that the compact neighborhood design results in all drive accesses (and resulting parking) being located directly adjacent to side property lines (no setback) regardless of whether the driveway is shared, the units are attached or detached, or the units have adjacent garages. 10. Street vision triangles (38.400.100) Code Requirements: • At the intersection of each driveway or alley with a street, no fence, wall or planting in excess of 30 inches above the street centerline grade is permitted within a triangular area where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on centerline ten feet outside the right-of-way. Any driveway or alley wider than 30 feet curb to curb at the right-of-way line must use the vision triangle standard for local streets when intersecting local, collector, or arterial streets. Project Details: The woonerf intersections are similar to alley intersections; therefore, the 10- foot street vision triangles are utilized. See Sheet C4.0 for a clear depiction of the street vision triangles. They are also shown on the Planting Plan and the Snow Storage Plan to ensure no obstructions. • Bridger View PUDP & PLAT Applications PUD Relaxations I Page 6 • • 11. Blocks (38.410.040) • Code Requirements: • Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. • Blocks must not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to overcome specific disadvantages of topography and orientation. • Setbacks adjacent to pedestrian rights-of-way less than 30 feet wide must be not less than ten feet. Setbacks adjacent to pedestrian rights-of-way 30 feet wide or greater must be not less than five feet. Project Details: The block lengths in Bridger View are about the length of 1.5 typical residential blocks. Block 1 is approximately 520 linear feet and Block 2 is approximately 472 linear feet measured along Millworks Way. Block 3 is 717 linear feet measured along Bridger Drive and 348 feet measured adjacent to Story Mill Road. Block 4 is 361 linear feet. No blocks exceed 1320 feet in length. The neighborhood design offers exceptional connectivity through a series of interconnected public access easements rather than the typical suburban lot, block, street pattern. Block 3 is longer than 600 linear feet which typically requires one 30-foot wide pedestrian • corridor. Rather than one wider corridor, Bridger View proposes three narrower connections. Two are on common lots with public access and the third falls within common open space. These sidewalks are designed to be four feet wide as more sidewalk connections allow for greater distribution and convenience for pedestrians. The four-foot sidewalks are another example of how each design component needs to be scaled down in a compact neighborhood. 12. Lot Numbering (38.410.040.E) [note: added to application 1116120] Code Requirements • Developments which have clearly delineated blocks must use block numbers or letters; each block must contain its own grouping of lot numbers. Project Details: This relaxation is requested to allow more logical lot numbering for the neighborhood as a whole based on the unique block and right-of-way configuration. Note this is not an essential project relaxation but is included to help future residents, the land trust and the City with ease of property identification and tracking. 13. Private Utility Easements (38.410.060.13) Code Requirements: • Front setback utility easements must be ten feet wide and must always be provided unless written confirmation is submitted to the community development department from all utility companies providing service indicating that front setback easements • are not needed. Bridger View PUDP & PLAT Applications PUD Relaxations I Page 7 • • Project Details: In terms of private utility easements, the team has been working with Northwestern Energy and other providers to ensure adequate area for power and communications. See Sheet C1.2 for more information and the Preliminary Design Reports • for additional information. Also refer to Appendix 10.r of the Preliminary Plat for Agency Letters. 14. Public Utility Easements (38.410.060.C) Code Requirements: • Public Utility Easements -A public utility easement must be granted for all public utility mains not located within public street right-of-way. An easement must be at least 30 feet wide for either one or two utility mains... Project Details: New water mains will be in water and/or water and sewer easements and street rights-of-way running through the property. Where water and sewer are running together the easements are 30 feet wide. Where water or sewer mains run individually, a 20-foot easement is proposed. These 20-foot easements are narrower than City standards but are located adjacent to common open space with a public access easement, which can provide additional access to the water main. A deviation from the City standard is requested for the 20-foot wide water or sewer main easements. This deviation allows trees to be planted in the common open space just outside of the easement. No trees are proposed within the water and sewer easements, or within 10 feet of water and sewer mains. 15. Park Frontage (38.420.060.A) Code Requirement: • Parkland, excluding linear trail corridors, must have frontage along 100 percent of its • perimeter on public or private streets or roads. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent... Project Details: The intent of this section is to have publicly accessible and well-defined park boundaries. This site is adjacent to the Story Mill Community Park along the west boundary which includes a slight topographic change. The Design Team has coordinated with the Parks Department the Recreation & Parks Advisory Board and the Trust for Public Land regarding treatment of the property's western edge. Because this project prioritizes the experience of pedestrians over cars, a sidewalk with a Public Access Easement is shown along the entire western boundary. The units facing the park are specifically designed to provide "fronts" to meet everyone's goals of creating a welcoming architectural presence and to add "eyes on the park." 16. Sidewalk Width (38.520.040) Code Requirements: • All internal pathways must have a minimum five-foot-wide unobstructed surface... Project Details: The Bridger View site is served by an extensive network of sidewalks, including many midblock as well as street-side walks. Since the sidewalk network provides many options for residents, several of the walks are narrower than the city standard of five feet. The four-foot width is suitable to the smaller scale of the common spaces and is a comfortable width for a low volume of pedestrians. Please refer to Sheet SP1.0. • Bridger View PUDP & PLAT Applications PUD Relaxations I Page 8 17. Parking (38.540.050) • Code Requirements: • Off-site parking for one-household and two-household dwellings is not permitted • 1 bedroom unit: 1.5 spaces • 2 bedroom unit: 2 spaces • 3 bedroom unit: 3 spaces (2 spaces for affordable) • "One parking space for each 24 ... linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted..." Project Details: The total number of provided spaces for the overall project is 138 which exceeds the code requirement of 132 spaces. A relaxation is needed due to the location and distribution of the parking. The parking plan for Bridger View is intended to be evaluated as whole rather than the lot-by-lot scenario contemplated in the code which prohibits off-site parking for single household dwelling units and duplexes. Remote parking is integral to.the neighborhood design. The distributed parking courts provide access to parking from units in all parts of the site, and parking has been planned to offer choices. Buyers who value the convenience of on-lot parking have several unit types to choose from, while those who value yards or location, or a sustainable lifestyle more than parking also have choices. The average travel distance to off-site parking is only 115 feet. In terms of numbers, some one-bedroom units have only one designated parking space while others have two designated parking spaces. The three-bedroom units each have two designated parking spaces. Eight"flex" spaces are included to allow the Owner's • Association the ability to adjust to changing conditions based on resident needs and demand. There are 28 on-street parking spaces along Hillside Lane (including one accessible space)to provide plenty of parking for visitors and guests. 14 of these spaces are located on the north side of Hillside Lane and are proposed to be counted into the overall parking calculations. The code language does not allow on-street parking to count unless it is directly adjacent to a lot. Hillside Lane includes common open spaces on either side which technically separate the lots from the right-of-way. Please see Sheet SPA "Parking Plan" and the Design Guidelines in Appendix 10.a for additional information regarding parking. Also, note that this relaxation is intended to cover that future unit additions and/or remodels do not need to accommodate any additional parking even if a bedroom is added. 18. Landscape (38.550) Code Requirements: • Section 38.550.020 states: "Notwithstanding the application of subsection A of this section, the provisions of this division 38.550 do not apply to the following... Lots or sites within a planned unit development which has been approved with its own landscape plan..." Project Details: A relaxation is included to allow the design team more flexibility to create a quality and thoughtful project rather than trying to fall within the confines of the mandatory • plantings/groupings and the point system. Bridger View PUDP & PLAT Applications PUD Relaxations I Page 9 A detailed explanation of the landscaping is provided in the Design Guidelines, Section II. Sheets 1-2.0— 1-2.5 show the proposed landscaping in detail. The proposed open space design exceeds what a typical subdivision provides. Overall, this proposed project meets the • intent of the chapter and seeks to provide local character and resource stewardship while incorporating sustainability. 19. Lighting (38.570) Code Requirements: • "Unless otherwise approved through a planned unit development, this section applies to all lighting for subdivisions, land uses, developments and buildings. In addition, any site modification that requires a certificate of appropriateness, site plan review or reuse application will necessitate compliance for all existing and proposed lighting on the site." • "All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1:0 onto adjacent commercial properties and public rights-of-way." Project Details: This relaxation is to allow this PUD to have a specific lighting plan that is different than a typical subdivision. While Hillside Lane complies with local street lighting, the lighting plan for the rest of the neighborhood is designed to provide safe and pleasant public and common spaces at night without overlighting. Street and path lighting will be provided by residential pole lights. Porch ceiling lights create a welcoming glow along paths. For other common areas, such as paths along back yards, light fixtures are.affixed to garage walls. Maintenance of the internal lights is the responsibility of the Bridger View • Homeowners Association. Bridger View PUDP & PLAT Applications PUD Relaxations I Page 10 • #9 to allow alternative lot access;(circled B ri d g e r View in red) and to allow drive accesses along BRIDGER DRIVE property lines for remaining lots '. Story Mill Rd &Bridger Dr Bozeman MT 59715 t � , PRELIMINARY PUD/ #11 to allow alternative block design with more (but narrower) pedestrian breaks (see purple . `'-ti„::sS.i=tp.a,�,;'•.x•i"+y"-�e7YL^t^i."�zh+*.-��Ys' st<�";x�',,,wy,fn-�^.4�t�__t I"•,�i• ,::.�3�:c:.y`S-.`'_�"'�Y;b<t"-\:+`��'a-.�•"'te•^^- s'�'�`'.,,.��..�,, ` I-� I C°n_�D�- I a �'aa�:_<'<<"s:V— ——-� — ^<c+..���.-1 w+<-.b I�I. '—n D l,�- �.„;<-.-s a-... "�3 wc:�•.`.y:a"ra.S:.,•��<ys..y. I +a:N 2 �,J�,.�c:.,r--.s t`.•..ar:s) i II _ n are PLAT S ET dopOmi,IMapan TOM 1. Allwumersdbeeject to minor aasanen s for 0 the rnavlaVP' I eenh"Drole I i ve m::architecture �G+ �?� ; �-"�S•,.�_ 4�'hC �` .G� _ ."� '.w-. T.t}Wat00 F.r2 mt.tSaa � > - �.,t- •".'�` <""4-=cce�s� „i:.• o�"',^ :rm. s s,p�-a.sCYycz.�.� f _ I _%�... 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'' '� MI LWORKS WAY Adz y N' Ip {� G s Contact:Christine Mondor \ 4 ,{ - -_� I , #16 to ollow 4 sidewalks suitable Comma-0 Architecture,Inc. access easement to border a .4� ; _ �---- - _ IcouRT_ , / 109 North Rouse Avenue t t ,; n, �'R.�. to the overall reduced scale of the • park rather than a street + - D - <' , - , Boz6mra�nSM'Z9715 �i + b l I ` I ? ' Ali entire neighborhood (see yellow Contact:Ben Lloyd • ,: \ �. � _ _ 'n° I _i ,r-.,--r'1.giitin„ * t'�; ° V I �x^; ,,'�I—_ O"Z _jiII ;�v���• � .,yII_:-; � ,I.s.:k,.-x. } K,, I'I si i CONTRACTOR :highlights). Please see Sheet C4.0 LanglasBAssociat es 1� 1EMain•Ste 1 01fo pecifics. BozemanMT 59715 T406.6 , g#2-& 3 to allow smaller and narrower o Cotac,Loren CantrellI y lots (see preliminary plat for �. \ '� \ �� + I O is .� � Cn m CIVIL ENGINEER . + _ 4 + l�✓.3> m , va'�.�'S^ 951Sta BdWor.Enginee to I Associates dimensions) Y, _.— N u _ — TTT- I I Bozlemn MTD59175 i \ - c..u. - I .s"' c T406.522.8594 + t � < i Cantan:caraell Pod PLANNING CONSULTANT #4 - 7 to allow increased covers eS +\ \ r a. $ !y t7 § w £ I i Ground Print 9 7 � •. 4 � <%- T 2 i I 1262 Slonerid8e Drive smaller setbacks, and townhouse . .. __ ' », Bozeman MT 59718 .. _ — "':'�'-�-' _ --��____ Conrad:Susan Riggs open space (see Lot Exhibits in App C of Design Guidelines) #12 to allow - . sy --- ----------------- sequential lot numbering "' IDE LANE "''' ,'11 1 for ease of property identification & - " tracking [added 1/20/20] 7. - .pis��.A��S_::+«:. ..Fl�.k ' `.-'�..�'.w•tr.� � '�' .:Y .zT..:.n-_�.T'�'ii:�w'1'TSi1fs:` #13 & 14 to allow specific utility /#10 to allow alley vision easements - see preliminary plat & triangle to apply to woonerf/ C1.2 C2.0 and C3.0. woonerf intersections ' #1 to allow "Common House" and shared arkin #17 to allow alternative facilities in R3 shown in g RELAXATION EXHIBIT distribution/location of parking (total hatched orange) [updated 1/20/20] number of spaces exceeds total required for project); see SP4 #8 to allow PUD to have Note: this exhibit is intended to graphically help internal streets < 60' wide explain the requested relaxations. Please refer to #18 to allow specific landscape plan owned and maintained by the list for official relaxation requests. the Owner's Association. #19 to allow specific lighting plan 19 ® 4 6 1 DEPARTMENT OF COMM'UN"-DEVELOPMENT BRIDGER VIEW redevelopment Section 05 PUD Points Calculations Bridger View Redevelopment Preliminary Planned Unit Development Application ;� H R DC 05 PUD Performance Point Calculations (updated 1/23/201 Background Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Bridger View Redevelopment incorporates many of the PUD point categories. In some cases, however, the neighborhood is not eligible for points even though it incorporates significant elements of the category. Overall, the project provides points in excess of the requirement of 20 performance points. Quick Guide # Category Points Notes a Affordable Housing NA 26 "Missing Middle" homes with permanence of affordability not eligible for PUD points. b Additional Open Space 22.5 18 percent publicly accessible open space x 1.25 points = 22.5. c Adaptive Reuse of NA There are no existing buildings on site. Historic Buildings d Underutilized Site 1 Infill site is currently vacant. 40 trailers were removed in 2006 and 62 units are proposed = 1 point. • e LEED-ND 0 The project is designed to meet LEED v4 ND [Built Project] as evidenced by the attached scorecard and letter from our sustainability consultant. No points are being requested at this time because the actual certification would not occur until after 100% of the units are complete and within 3 years of completion. f Low Impact 6 See drawing set and Design Guidelines for specifics related to Development Plan stormwater and vegetation. g Sustainable Design & 0 While the project is committed to high performance sustainable Construction buildings, specific certifications to be pursued are not yet finalized. h Wayfinding NA Wayfinding is incorporated but site is less than 30 acres making it ineligible for PUD points. i Transfer Station 0 Common recycling stations are incorporated; not eligible for points because not a transfer station. j Bus Stop 0 Appropriate bus stop location to be determined as a result of ongoing Streamline route study. k Streetscape 6 Hillside Lane + Hillside Green + Hillside Grove. See Landscape Improvements Plans. TOTAL = 35.5 Performance Points • Bridger View PUDP & PLAT Applications PUD Points I Page 1 Detailed Narrative a. .Affordable Housing (Option 1) • Code Language: Five points for each percent of dwellings to be constructed in the residential development which are provided by donation to the city or nonprofit Community Housing Development Organization; or three points for each build-ready lot donated to the city or nonprofit Community Housing Development Organization for affordable housing provided by a residential or non-residential development. Project Details: A new non-profit, community land trust (CLT) entity is being established to steward and manage the (5) affordable and (26) community ownership units at Bridger View in perpetuity. The land under the constructed homes will be donated to the this new CLT, the homebuyer will purchase the improvements (home) and the CLT will provide a 75-year renewable lease to the homebuyer. Although the national CLT model has a structure that is similar to a Community Housing Development Organization (CHDO), the strict language of this code does not allow.this project to qualify for points. Affordable Housing (Option 2) Code Language: Three points for each percent of dwellings to be constructed in the residential development which are provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring ongoing affordability pricing and eligibility monitoring, and annual re- certification. • Project Details: In addition to providing 5 homes to meet the requirements.of the Affordable Housing Ordinance (AHO), 26 homes will be made permanently available for purchase to residents that earn median incomes (80 - 120% AMI) through a renewable 75-year contractual obligation to an affordable housing agency (a new non-profit community land trust). Although the housing plan significantly exceeds the requirements of the AHO and the City's 2019 Housing Needs Assessment clearly demonstrates a housing need for households earning up to 150% AMI, the cap in the affordable housing definition of 100% AMI for an ownership product does not allow this project to qualify for points. b. Additional Open Space Code Language: One point for each percent of the project area that is provided as non- public open space; or 1'/4 points for each percent of the project area that is provided as publicly accessible open space. Project Details: This neighborhood provides 1.45 acres out of the total 8.021-acre site area as qualifying publicly accessible open space, or 18% of the site. Using the calculation factor of 1.25 (the space is publicly accessible) results in 18 x 1.25 = 22.5 points. Please see Sheet L3.0 "Open Space Plan" as well as Sheets 1-2.0-1-2.4 for landscaping details. • Bridger View PUDP & PLAT Applications PUD Points I Page 2 • c. Adaptive reuse of historic buildings Code Language: Adaptive reuse of historic buildings. Two points for each ten percent of total number of dwelling units in a residential development which are provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; one point for each ten percent of total commercial and/or industrial floor area which is provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; up to a total of one-third of the performance points required to be earned. Project Details: There are no historic structures on site. d. Underutilized Site Code Language: Underutilized and brownfield sites. One point for each 50 percent increase in the total square footage of commercial and/or industrial floor area on underutilized sites; one point for each 50 percent increase in the total number of dwelling units on underutilized sites; one point for each acre developed of the environmentally contaminated land; up to a total of one-third of the performance points required to be earned. Project Details: This is a vacant and greatly underutilized site that has laid dormant since 2008. An increase of 0 to 62 qualifies this project for the maximum 6 points; however, the Community Development Department has indicated that the 40 trailers that were removed in 2008 must be counted in the calculation; therefore, the increase from 40 to • 62 residential units only qualifies this project for one point. e. LEED ND Code Language: Designed to meet LEED-ND and be conditionally approved or have pre-certification by the authority (15 points). Project Details: The project is designed to meet LEED v4 ND [Built Project] as evidenced by the attached checklist and letter from our sustainability consultant, Beyond Efficiency Inc. It is important to note that the change from LEED ND v2009 to LEED v4 ND removed the specific"conditional approval" and "pre-certifications" referenced by the Unified Development Code. The actual certification being sought by this project would have to be achieved after 100 percent of the units are constructed and within three years of completion. Final certification is dependent upon financial viability. The PUD still exceeds the required points even without this category. f. Low Impact Development Plan Code Language: Inclusion of a low impact development plan (6 points) that includes the following: (i) On-site stormwater treatment systems that exceed the requirements of chapter 40, article 4, Stormwater, including but not limited to: incorporating drainage methods and technologies that treat, detain and/or infiltrate stormwater as close as possible to the source of run-off and the use of natural drainage systems across sites, • rather than underground closed-pipe systems to the extent feasible. Natural drainage Bridger View PUDP & PLAT Applications PUD Points I Page 3 systems reduce the negative impacts of stormwater runoff by redesigning residential • streets to take advantage of plants, trees, and soils to clean runoff and manage stormwater flows. Vegetated swales, stormwater cascades, and small wetland ponds allow soils to absorb water, slowing flows and filtering out many contaminants. (ii) The low impact development plan must be integrated with the snow storage and management plan. (iii) At least 75 percent of new planting should be chosen from the list of Drought Tolerant Plants &Xeriscaping in Montana (2010), produced by the Montana Nursery & Landscape Association, or approved/updated equivalent list approved by the city. Any species listed as noxious or invasive in the state must be avoided. (iv) Inclusion of weather-based irrigation controllers. (v) Limitations in the covenants or design guidelines on the amount and type of sod permitted." Project Details: (i) The compact, efficient neighborhood design is well suited to Low Impact Design (LID). LID methods are utilized to provide decentralized stormwater mitigation, where numerous infiltration areas can replicate a natural hydrology, provide enhanced stormwater treatment and also perform as site amenities. The LID stormwater mitigation will be designed in accordance with City of Bozeman Design Standards and Specifications Policy for retention/infiltration facilities. See Sheets C4.1, C4.2 and C4.3 for stormwater details. Note that, as required with a subdivision, a Stormwater Preliminary Engineering Report is provided in Appendix 10.n of the Preliminary Plat Application. • (ii) The low impact development plan is integrated with the snow storage plan. (iii) 75 percent of new plantings are drought tolerant. See the Planting Schedule on Sheet L2.4 in the Drawing Set in Section 09. (iv) Weather-based irrigation controllers will be installed. See notes on Sheet L2.5 "Irrigation Schematic." (v) The Design Guidelines describe the landscaping in more detail and limit the amount of lawn in yards (Page 25). g. Sustainable Design and Construction [updated 1123120] Code Language: (i.) Covenants or design guidelines that include a commitment to design the majority of buildings to meet LEED certification requirements or approved equivalent certification approved by the City of Bozeman. Equivalent certification programs will also be considered during preliminary PUD review. (ii) Energy use reduction. Residential covenants or design guidelines must include a commitment to build third party certified homes, which meet guidelines that make them at least 20 percent more efficient than standard homes. Non-residential covenants and design guidelines must include a commitment to build and certify buildings that meet the EPA's Energy Star challenge or approved equivalent program. Equivalent programs will also be considered during Preliminary PUD review. (iii) Water use reduction. Covenants or design guidelines must include a commitment to use EPA's WaterSense certified products for all kitchen, bathroom and irrigation hardware. Equivalent programs will.also • Bridger View PUDP & PLAT Applications PUD Points I Page 4 • be considered during preliminary PUD review. (iv) Provision of solar, wind or other alternative energy sources or participation in an approved cash-in-lieu program. A coordinated and detailed plan on how the development will address this component must be submitted. Project Details: Since the initial project submittal, the team has continued the design, energy and cost optimization process with further design development, extensive whole-building energy modeling, and cost analysis. While the project remains committed to high performance sustainable buildings, specific certifications to be pursued are not yet finalized. Therefore, the four points for sustainable construction has been removed from the Preliminary PUD Point calculations. h. Wayfinding Code Language: Integrated and coordinated way-finding measures beyond minimum requirements within the overall project (4 points). Project Details: Wayfinding is incorporated throughout the neighborhood and will continue to be developed for the Final PUD, but the project is not eligible for PUD performance points due it's 8-acre size which does not meet the minimum code threshold of 30 acres. • i. Recycle Station Code Language: On-site recycling transfer station (4 points). Project Details: Common recycling stations are incorporated at convenient locations for residents and are regularly serviced. The project, however, is not eligible for PUD performance points because these stations do not meet the code definition of a transfer station. j. Bus Stop Code Language: Public transportation bus station or enhanced covered bus stop. (One point per station or enhanced stop.) Project Details: A bus stop will be located on this site or on the adjacent park to service both. The exact location will be result of HRDC's ongoing evaluation of the Streamline routes and will be determined through a robust community input process. k. Streetscape Improvements [updated 1123120] Code Language: Streetscape improvements (6 points): Streetscape design features that exceed the minimum street standards including street furniture, pedestrian lighting, low- impact development techniques, on-street parking standards, crosswalks, landscape Bridger View PUDP & PLAT Applications PUD Points I Page 5 and planting, way-finding, public art or other design elements. Such elements must be • installed as part of the street infrastructure. Project Details: The elements.listed in the Streetscape Improvements PUD performance point criteria are included in the right-of-way for Hillside Drive as well as within the public access easements directly adjacent to this right-of-way. The right-of-way width for Hillside Lane was widened to from the standard 60-feet to 64-feet to accommodate low impact development techniques in the wider 7-foot boulevards. Hillside Lane includes on-street parking on both sides including an on-street accessible space. Additional right- of-way was added to allow additional access for the property owner to the south. Efforts in the first submittal to provide additional pedestrian crossings on Hillside Lane were not recommended by the Engineering Division and were therefore removed. Additionally, the crossing for the Story Mill Spur Trail was relocated to be closer to the intersection as recommended by Engineering. Even though the right-of-way width was increased from the standard 60 feet for a local street to 64 feet, it is problematic to fit all the additional streetscape improvements within the right-of-way; therefore, two public access easements have been added to either side of the right-of-way to accommodate additional low impact development techniques, additional landscaping, benches, pedestrian lighting and a public art area. Hillside Grove was specifically preserved as open space to maintain the existing mature trees at the entrance to the neighborhood. The Design Guidelines summarize the design intent for • Hillside Lane: "From the entrance at Story Mill Road to the Common House, a formal wedge of green space borders Hillside Lane and creates a tree-lined common area that is the "front yard" of the entire neighborhood. While the Common House is its terminus, it is a green space that links views of the park to the west with views of the mountains to the east. It creates a distinctive sense of place for the neighborhood and forms a generous green lawn. A sidewalk along the houses separates their front yards from the common green. Another sidewalk borders Hillside Lane. Parking spaces are provided on both sides of the street. Like the courtyards, Hillside Lane Green does double duty as a catchment area.for stormwater and snow storage" (Page 15). Please refer to Sheets L2.0— L2.4 for details related to plantings and landscape features. Also see Sheet C5.1 for details of the pedestrian crossing for the Story Mill Spur Trail. These improvements are part of the overall subdivision and will be installed as shown on the phasing plan. Bridger View PUDP & PLAT Applications PUD Points I Page 6 0 Berkeley, CA • Jackson, WY A_ r4A (415)236-1333 (307)200-7236 Beyond Efficiency P.O. Box 9279,Jackson,WY 83002 •tea m@beyondefficiency.us MEMO TO: City of Bozeman ............---------- FROM: Katy Hollbacher, P.E., LEED AP, Beyond Efficiency .................................... ......... ...- —._..._.......__..........._......._...._..........._........_....._.._........_..._._......._.......-- - - ....----- _...__..__......._... --- _-------�.-- DATE: 1-23-20 --......................--—_ -- --------------------- RE: Bridger View Redevelopment (BVR) LEED-ND review comment To Whom It May Concern: I write this letter to confirm my integral involvement with the above-referenced project in Bozeman as energy and sustainability consultant. I contracted with the developer, HRDC, for these services in October of 2019. We have recently updated the project checklist under LEED v4 for Neighborhood Development Plan (LEED ND). Based on this recent update, I expect the project to comfortably achieve the minimum requirements for LEED ND certification (as required by the PUD) and potentially achieve Silver or Gold certification given the large number of feasible TBD credits. See current checklist attached. . The project is formally registered for the LEED v4 ND program. Please note that the PUD outlines pre-certification as a condition of approval, but this step is no longer a program option. It has been replaced with a Letter of Support Review process, which we are currently facilitating. Please contact me if you have questions or concerns. Sincerely, Katy Hollbacher, P.E. Principal, Beyond Efficiency Inc. Attachment LEED v4 for Neighborhood Development Plan: BVR Project Checklist, 2020-0114 • Push the envelope I beyondefficiency.us LEED v4 for Neighborhood Development Plan Project Name: Bridger View Redevelopment(Story Mill Road& Bridger Drive) Project Checklist Date: 1/14/20 Yes ? No Yes ? No 9 2 117 Smart Location&Linkage 28 11 1111 9 1 Green Infrastructure&Buildings 31 Y Prereq Smart Location Required Y Prereq Certified Green Building Required Y Prereq Imperiled Species and Ecological Communities Required Y Prereq Minimum Building Energy Performance Required Y Prereq Wetland and Water Body Conservation Required Y Prereq Indoor Water Use Reduction Required Y Prereq Agricultural Land Conservation Required Y Prereq Construction Activity Pollution Prevention Required Y Prereq Floodplain Avoidance Required 5 Credit Certified Green Buildings 5 5 1 4 credit Preferred Locations 10 2 Credit Optimize Building Energy Performance 2 2 Credit Brownfield Remediation 2 1 Credit Indoor Water Use Reduction 1 7 Credit Access to Quality Transit 7 1 1 Credit Outdoor Water Use Reduction 2 1 1 Credit Bicycle Facilities 2 1 Credit Building Reuse 1 3 Credit Housing and Jobs Proximity 3 2 Credit Historic Resource Preservation and Adaptive Reuse 2 1 Credit Steep Slope Protection 1 1 Credit Minimized Site Disturbance 1 1 Credit Site Design for Habitat or Welland and Water Body Conservation 1 4 Credit Rainwater Management 4 1 Credit Restoration of Habitat or Wetlands and Water Bodies 1 1 Credit Heat Island Reduction 1 1 Credit Long-Term Conservation Management of Habitat or Wetlands and 1 1 Credit Solar Orientation 1 Water Bodies 3 Credit Renewable Energy Production 3 19 6 1161 Neighborhood Pattern&Design 41 2 Credit District Heating and Cooling 2 Y Prereq Walkable Streets Required 1 Credit Infrastructure Energy Efficiency 1 Y Prereq Compact Development Required 2 Credit Wastewater Management 2 Y Prereq Connected and Open Community Required 1 Credit Recycled and Reused Infrastructure 1 4 2 3 Credit Walkable Streets 9 1 Credit Solid Waste Management 1 1 2 3 Credit Compact Development 6 1 Credit Light Pollution Reduction 1 1 1 2 Credit Mixed-Use Neighborhoods 4 _ _ 5, 2 Credit Housing Types and Affordability 7 1 2 3 Innovation&Design Process 6 1 Credit Reduced Parking Footprint 1 1 1 3 Credit Innovation 5 2 Credit Connected and Open Community 2 1 Credit LEEDOAccredited Professional 1 1 Credit Transit Facilities 1 1 1 Credit Transportation Demand Management 2 1 2 1 Regional Priority Credits 4 1 Credit Access to Civic&Public Space 1 1 Credit Regional Priority Credit:Optimize building energy performance 1 1 Credit Access to Recreation Facilities 1 1 Credit Regional Priority Credit:Transportation demand management 1 1 Credit Visitability and Universal Design 1 1 Credit - Regional Priority Credit:Bicycle facilities 1 1 1 Credit Community Outreach and Involvement 2 1 Credit Regional Priority Credit:Region Defined 1 1 Credit Local Food Production 1 2 Credit Tree-Lined and Shaded Streetscapes 2 41 23 46 PROJECT TOTALS • 1 Credit Neighborhood Schools 1 Certified: 40-49 points, Silver: 50-59 points, Gold: 60-79 points, Platinum: 80+points • J1,. BRIDGER VIEW redevelopment Section 00 Development Schedule Bridger View Redevelopment Preliminary Planned Unit Development Application HRDC soct� on 06 Bridger View Redevelopment October 1 2019 NO 0 5 20A a DEP:�4fa N� :�',91 OF 1 COMM1JMI OF.VELOPME(� 2019 2020 MAY JUNE JULY AUG SEPT OCT NOV DEC JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT Submit PUDP Submit &Prelim.Plat Final PUD ENTITLEMENT 11 PRE-APPLICATION — — — — — — — — — — — — — — — — — — — — — — — — ' — PROCESS Spring 2019 ` ` ' CITY REVIEW - PUDP & P.PLAT I •• CITY REVIEW- PUDF I Submit Final Plat&Financial CONCEPT 95 Working Days 45 Working Days Guarantee PUD I - — - - - + Fall 2017 • CITY REVIEW- PLAT • — — — — — + 50%DO 100%DO 30%CD 45 Working Days Package Package Package Submit Unit Template ocs for Bidding ARCHITECT CONCEPT PUD Fa112017 &M1,1, jVX1PL&Uff U,5 ) Present GMP fto Owner GENERAL © © © Present Civil Owner: — — — BUILDING CONTRACTOR �Bids toOwner rFinancial OWNER I CONSTRUCTION — — — — d Guarantee REVIEW CIVIL OWNER I — — — — + BIDS REVIEW F-Submit Civil Drawings for Bidding& CIVIL CONCEPT Engineering Review — — — — — — — ENGINEER PUDPRELIM SITE DESIGN CITY ENGINEERING REVIEW — — — tt _ _ _ Fall 2017 STATE ENGINEERING REVIEW 41 SITE — — — — — + CONSTRUCTION 60 Working Days ABBREVIATIONS: CD - Construction Documents DO - Design Development • GMP- Guaranteed Maximum Price SO - Schematic Design $ - Cost Estimate I4 _ w ' r L.v 1U1 �VJ � p ECE /l - 1!0—vn 20191 DEPARTME NT OF COMMUNITY DEVELOPMENT A BRIDGER VIEW redevelopment Section 07 Statement ®f Planning Objectives Bridger View Redevelopment Preliminary Planned Unit Development Application HRDC • Section 07 Statement of Planning Objectives Please note that the numbers used are based on preliminary plat/plan applications and are subject to minor adjustments for the final plat/plan as the overall design continues to develop. (a) Statement of applicable city land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the city growth policy; City land use policies and objectives are outlined in several documents including the Strategic Plan and the 2009 Bozeman Community Plan. Although the update to the growth policy is not yet complete, there are also important emerging themes to consider. The following narrative addresses each document. Strategic Plan: • An Engaged Community— This property has always been a part of the community conversation about housing affordability. The Trust for Public Land met with community stakeholders over the last several years to complete a feasibility analysis and to help establish the project goals and objectives, which form the basis of the neighborhood • design. This ranged from city elected leaders, neighbors, real estate agents, city staff, architects, developers, lenders, sustainability specialists, appraisers, informal community leaders, Community Land Trust specialists, affordable housing providers, property managers, etc. HRDC has been involved with this site for over a decade, helping displaced trailer park families find new homes, consulting with the Trust for Public Land on early designs and market studies to understand the housing gaps and participating in community outreach during the park planning process. This Preliminary PUD application is just one of many entitlement steps - public meetings were also held as part of the Concept PUD, Subdivision Pre-Application, Growth Policy Amendment and Zone Map Amendment applications. Additionally, HRDC organized a neighborhood meeting on August 1, 2019 at the Story Mill Community Park to "ground-truth" the design prior to submitting this application. Cumulatively, all of this public outreach work has truly engaged the community and laid the foundation for a plan that respects the location, neighbors and community housing needs. • Innovative Economy— Rising population, increased land costs, lack of supply and modest wage growth have made owning a home in Bozeman increasingly difficult. These challenges affect everyone in our community with traffic, pollution, and businesses that struggle to retain talent as people move outside of city limits. It's because of these challenges that Bridger View Redevelopment is creating innovative ways to maintain the diversity of our community. The Community Housing Needs • Assessment (2019) provides data to support the direct connection between housing and Bridger View PUDP Application Statement of Planning Objectives I Page 1 • • the abilities of businesses to recruit and retain employees - 75 percent of surveyed • employers identified workforce housing as one of or the most critical problem in the region. • Safe, Welcoming Community— Bridger View is designed to be a safe and welcoming neighborhood. The circulation system focuses attention on everyday safety, particularly to enhance the experience of pedestrians and reduce the speed of vehicles by eliminating excessive street widths and corner radii. The site plan has also been carefully laid out to provide efficient access to units by emergency vehicles. The continuity of the streets between entrances at Story Mill Road and Bridger Drive enable an ambulance or fire truck to enter and exit the site without having to turn around. Additionally, the two parking courts in the northern portion of the site are connected with an "emergency services only" looped access and fire hydrants are strategically located to be able to connect to all units and emergency vehicles. Additionally, regulatory and wayfinding signage will add to the sense of safety and friendliness. With increasing instances of severe weather and stress on infrastructure, designing for resilience is also part of establishing a safe, durable and sustainable neighborhood. The site is designed to absorb heavy downpours, with infrastructure for unusually severe storms. Everyday snow management is a regular part of winter in Bozeman and is accommodated with designated on-site snow storage areas planned throughout the site. But heavier snowfalls can be a problem, so Bridger View's open spaces are designed to • also provide snow storage during longer more intensive winters and accommodate stormwater detention at other times of year. Bridger View is not only about providing quality homes, but more fundamentally about building a sense of community. When neighbors know and look out for each other, they have a strong and safe community. Bridger View is organized to encourage these types of neighborhood interactions with a common house, shared trash/recycling, clustered parking, a center for mail and parcels, and common courtyards. This enhanced income diversity guaranteed by the land trust also contributes to a more resilient community. • Well Planned City—The strategic plan supports a high-quality urban approach to planning. This project provides a connected and walkable mixed-income neighborhood of small and sustainable homes that are connected to trails, open spaces and parks. Ensuring that a percentage of homes are permanently affordable is a best practice in neighborhood design to maintain inclusiveness and share in the equity increase of public investment in the nearby park. This project will be referenced as an exemplary piece of the puzzle in a well-planned Bozeman. • Creative, Learning Culture —This project includes many national best practices in the fields of urban design, affordable housing and sustainability. Philanthropic investments have allowed the design team, HRDC and the Trust for Public Land to foster a unique, • Bridger View PUDP Application Statement of Planning Objectives I Page 2 • • • creative and learning culture that the entire team hopes to continue to share with the City, other non-profits and the development and building community. • Sustainable Environment— Bridger View not only avails residents of the rich natural environment around them but also stewards those resources for enjoyment long into the future. Climate-responsive houses run on less fuel; green spaces and plentiful trees conserve energy as well as water; healthy and durable materials improve indoor air quality; the Common House, a small neighborhood community building, contributes to social vitality as well as enabling the homeowner association to hold its meetings; site features encourage neighborly interactions; and good access makes it possible to reduce the cost and environmental impact of driving. All these built-in features give residents the chance to live richer and healthier lives. Through a thoughtful process of planning, Bridger View seeks to demonstrate that affordability, sustainability, attractiveness, and healthy living can be enjoyed by any homeowner in Bozeman. Please note that HRDC is pursuing certification under LEED-ND. Additionally, the team is in the process of evaluating both LEED for Homes and Passive House to determine which framework is most appropriate for the homes. • High Performance Organization —Again, the knowledge acquired by the local team and non-profits during this process is something the entire team wants to share with the City and the broader community. After the public hearings on this project, the team • would like to recommend improvements to the Unified Development Code, Design Standards and entitlement process to help the City meet its ongoing goal of improving organizational performance. Bozeman Communitv Plan — Seven Guiding Land Use Principles: • Neighborhoods — Bridger View is envisioned as a diverse neighborhood where households at various income levels, stages of life, sizes, and backgrounds can afford to purchase a home in Bozeman. This mix cultivates a healthy, vibrant, energetic, and safe living environment that sustains the rich fabric of the Bozeman community, complements the adjacent City park and fosters pride of place and good stewardship of homes, neighborhood and community. • Sense of Place—The Community Plan supports: "Incorporating community and architectural design features which provide organization and landmarks... in new development will help to anchor and extend this sense of place as Bozeman grows." (Page 3-3). The project seeks to maintain threads of the existing sense of place by preserving the iconic Spruce trees along Bridger Drive and the existing mature vegetation south of the extension of Hillside Lane. The project also seeks to create a new sense of place that partially captures the essence of pre-1940s traditional neighborhoods, such as the Northeast neighborhood in Bozeman. Characteristics • include a comfortable neighborhood scale, walkable streetscape, modest size, simple Bridger View PUDP Application Statement of Planning Objectives I Page 3 construction, shared community spaces, eclectic designs, and features that encourage neighborliness. The Common House specifically will help to anchor the neighborhood, both architecturally and functionally. These site elements will all work together with wayfinding to create a familiar but still distinct sense of place for Bridger View. • Natural Amenities - Bridger View has been designed with an understanding of its role in the larger natural ecosystem and watershed. The neighborhood is built to take advantage of the natural topography, the tall evergreens along Bridger Drive, and other natural features. Using principles of low impact development, stormwater and snow are managed on-site. Courtyards and other green spaces serve as sites for stormwater detention and snow storage. The circulation system has been designed to provide efficient access without excessive paving. The reduced paving increases permeability and minimizes heat islands. In addition to waste management during construction, easily accessible waste collection stations encourage residents to recycle and compost. • Centers - There are different types of common spaces that function as a center for the neighborhood at different scales. These include the courtyards, Hillside Green, Hillside Grove, and the Blue Silos Plaza. This project is unique in that it also includes a shared Common House owned and maintained by the Owner's Association. The Common House serves a number of important functions including a large meeting/dining room and a kitchen where residents can gather for homeowner meetings, special community events, informal gatherings, and household parties. The room has a high ceiling, large • windows, and doors onto the large park-facing porch. The small kitchen enables food from home to be warmed or a meal to be prepared. The first floor of the building, which is accessible, also includes space for community announcements and messages, a coat room, and restrooms. On the second floor are two guest suites with bedroom and bathroom, which enables residents to have the affordable option of guest accommodations, eliminating the need for an extra bedroom in their own unit. At a larger scale, this site is remarkably connected to both the northeast neighborhood and Downtown by the Story Mill Spur Trail. Ongoing improvements to pedestrian systems will only continue to improve the connectivity of this site to the flourishing Cannery District which is less than one mile away. In even closer proximity, services and retail are creatively interspersing into the industrial area across the street to create a more mixed-use area reminiscent of parts of the Northeast neighborhood. In terms of future development, more rooftops in this neighborhood will support potential new mixed-use development to help transform and enliven the property to the south and the Story Mill Historic District. • Integration of Action — HRDC has partnered with the Trust for Public Land and the City to envision and develop this project. Complementary in quality and design to the adjoining Story Mill Community Park, Bridger View will continue to identify strategic • Bridger View PUDP Application Statement of Planning Objectives I Page 4 • partnerships with local businesses, government, and philanthropic vision to support this equitable and vibrant community. • Urban Density- The new neighborhood features 62 housing units on the 8-acre site. Compact development is a guiding principle for Bridger View. The concept of compact development is a response to smaller households, increasing construction and operation costs, and the appreciation of natural open space. By thoughtfully designing smaller houses, yards and streets, neighborhoods are made safer, more livable, easier to maintain and less costly to the city's infrastructure budget. Good connectivity, walkability, and affordability are all made possible. With 7.9 houses/gross acre, its density creates a good fit with its transitional surroundings—a contemporary concept rooted in best practices from the past. Compact development means that every component of a neighborhood needs to get smaller. While Hillside Lane is built to the city's standard for public streets, the other private streets are intentionally in scale with older neighborhood streets. These "living streets" are designed to limit the speed of cars, making them safer and friendlier places. • Sustainability—This was previously addressed under "Sustainable Environment" as part of the Strategic Plan goals. • Bozeman Community Plan — Goals & Objectives (related to affordable housing) • Goal H-3— Encourage an adequate supply of affordable housing and land for affordable housing." • Objective 3.1 — "Encourage the provision of affordable housing." Objective 3.3 —"Promote the development of a wide variety of housing types, designs and costs to meet the wide range of residential need of Bozeman residents." Implementation Strategy 27—"Encourage and support residential development which utilizes sustainable development practices in both the near and long terms." • Implementation Strategy 38— "Encourage a variety of living designs for communities that promote affordable, long term home ownership for ... moderate income residents, including but not limited to cooperatives, land trusts..." • Implementation Strategy 41 —"41) Promote innovative measures and programs to increase options for affordable home ownership. Support private and/or public efforts to create resident-owned affordable housing." Update to the Bozeman Community Plan: The ongoing updates to the Community Plan will guide future growth and development within the City over the next ten to twenty years. The update process has engaged the public over the past year in defining seven themes for the future of Bozeman. This project supports many of the emerging themes of the update including: a city of neighborhoods, a city influenced by our • Bridger View PUDP Application Statement of Planning Objectives I Page 5 natural environment, parks and open spaces, a city that prioritizes accessibility and mobility • choices, and a city powered by its creative, innovative and entrepreneurial economy. (b) Statement of: (i) Proposed ownership of open space areas; and (ii) Applicant's intentions with regard to future ownership of all or portions of the planned unit development The following bulleted list summarizes proposed future ownership structure. Please see the preliminary plat or Sheet C0.2 in the Drawing Set for additional information. • The entire project will.be developed by HRDC. Half of the homes will be sold at market rate. Half of the lots will be placed in a new community land trust (CLT). Details of the CLT are specified in the Community Housing Plan and the Ground Lease Documents in Appendix 10.c. • Hillside Lane is a planned right-of-way dedicated to the public use and owned and maintained by the City of Bozeman. • Two Silos Way, Millworks Way, and Flourhouse Way are planned rights-of-way dedicated to the public use and owned and maintained by the owners' association. • Open Space Lots 1-8 are planned common areas, owned by the owners' association. Open Space Lots have a conditional public access easement. See covenants for a detailed description of the conditions of this easement. • Common Lots 1-6 are planned for common buildings, owned by the owners' association. . See covenants for a detailed description of shared use allowed. • Common Lot 1 is planned for a Common House. • Common Lots 2-6 are planned for shared parking and garages. (c) Estimate of number of employees for business, commercial and industrial uses This is a residential Planned Unit Development therefore this requirement is not applicable to this project. (d) Description of rationale behind the assumptions and choices made by the applicant The Design Guidelines located in Appendix 10.a go into great detail to explain all the justification and rationale organized into three general categories—site, landscape, and buildings. (e) Where deviations from the requirements of this chapter are proposed, the applicant must submit evidence of successful completion of the applicable community design objectives and criteria of section 38.430.090. The applicant must 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 community development director may require, or the applicant may choose to submit, evidence that is beyond what is required • Bridger View PUDP Application Statement of Planning Objectives I Page 6 • • • in that section. Any element of the proposal that varies from the criterion must be described. Section 04 includes.a detailed relaxation chart stating the code sections, code language, and rationale behind each of the proposed relaxations. In some instances, the relaxation is requested in exchange to design excellence and in other cases, a different but equivalent or better standard is requested in line with current and emerging national best practices. Section 38.430.090 outlines PUD design objectives and criteria for"All Development." Responses are included below each item. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? Yes, except as specifically requested through the relaxations listed in Section 04 and the deviations from the design standards as described in the design reports. (2) Does the project preserve or replace existing natural vegetation? Yes, the project intends to maintain existing trees along Bridger Drive and south of the new extension of Hillside Lane. Other site vegetation will likely need to be removed to • ensure adequate site grading and drainage but will be replaced with additional landscaping in accordance with the Landscape Plans in the Drawing Set, Sheets L2.0 - L2.5. (3) 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, the concept of compact development is a response to smaller households, increasing construction and operation costs, and the appreciation of natural open space. By thoughtfully designing smaller houses, yards and streets, neighborhoods are made safer, more livable, easier to maintain and less costly to the city's infrastructure budget. Good connectivity, walkability, and affordability are all made possible. Compact development is a guiding principle for Bridger View. With 20 units per net acre, its density creates a good fit with its transitional surroundings—a contemporary concept rooted in best practices from the past. While Hillside Lane is built to the city's standard for public streets, the other private streets are intentionally in scale with older neighborhood streets. The small streets are designed to limit the speed of cars, making them safer and friendlier places. Please refer to the Design Guidelines in Appendix 10.a for more detailed descriptions of buildings (Page 36), circulation (Page 16), open space (Page 19) and landscaping (Page 26). • Bridger View PUDP Application Statement of Planning Objectives I Page 7 (4) 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, this project is seeking LEED-ND certification which will ensure that the elements of the site plan will contribute to the overall reduction of energy use by this project as compared to a typical subdivision. (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy of residents of the project? Yes, all lots accommodate modest front yards and front porches. Lots that face a public edge of the site—the trail along Bridger Drive, the trail along Story Mill Road, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys or pedestrian walks. Typically, the houses are "zero lot-line houses" located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner, whose house has windows facing it. The wall of the house next door, which sits at the property line, has no windows, so affords privacy to its . neighbor. each home has access to a private outdoor area in addition to the shared open spaces. Fencing is allowed as specified in the Design Regulations. (6) Parkland. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of parkland or open space been provided for each proposed dwelling as required by section 38.420.020? Yes, the Trust for Public Land and the HRDC have been working with the Parks Department and the Recreation and Parks Advisory Board to use the "improvements in lieu.of parkland" program to develop the parking lot in the southeast portion of the Story Mill Community Park. This parking lot provides important access to a fishing area, dog park and pathways connecting the park to the Story Mill Spur Trail. The value of this improvement is $98,052.98 which exceeds the park equivalent amount of$76,875.20. The Trust for Public Land and HRDC requested review before the Recreation and Parks Advisory Board Subdivision Subcommittee as part of the Pre-Application to be able to start the construction and credit the amount of the proposed improvement to the Bridger View Redevelopment project. On May 7, 2019, the RPAB met to discuss the proposal and unanimously supported the concepts presented. Final paperwork will be provided with the Final Plat as required. Please see the parkland certificate with calculations and amounts which is provided on the preliminary plat as required. • Bridger View PUDP Application Statement of Planning Objectives I Page 8 • In terms of on-site open space per dwelling unit, this project proposes to use the townhouse open space standard for all units whether they are attached, detached or vertical duplex condominiums. In addition to private yards and shared open spaces, all units include a porch with an area that is at least 10 percent of the living area. Most porch minimum dimensions are 9' x 16' (144 SF). Note that the smaller Bungalow units actually have a larger 9' x 18' porch. Please refer to Sheets A2.0 —A2.4. (7) Performance. All PUDs must earn at least 20 performance points. Points may be earned in any combination of the following. The applicant must select the combination of methods but the city may require documentation of performance, modifications to the configuration of open space, or other assurances that the options selected will perform adequately. Yes, Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Bridger View Redevelopment incorporates PUD point categories wherever possible and exceeds the requirement of 20 performance points. In some cases, the neighborhood is not eligible for points even though it incorporates significant elements of the category. Details of the point calculations are included in Section 05. Section 38.430.090 outlines PUD design objectives and criteria for"Residential Development." • Responses are included below each item. (1) On a net 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 city growth policy? Yes, the gross density is approximately 8 units per acre and the net density is approximately 20 units per acre. These numbers are in line with medium density development as described in the growth policy. (2) Does the project provide for private outdoor areas (e.g., private setbacks, 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, all lots accommodate modest front yards with front porches and back yards. Lots that face a public edge of the site—the trail along Bridger Drive, the Spur Trail, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys, or pedestrian walks. Typically, the houses are "zero lot-line houses" located at one side property line so as to • turn two narrow side yards into a single usable space between two houses. The yard is Bridger View PUDP Application Statement of Planning Objectives I Page 9 the private property of one owner, whose house has windows facing it. The wall of the house next door, which sits at the property line, has no windows, so affords privacy to its neighbor. Fencing is allowed as specified in the Design Regulations (Page 33). (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, the courtyards, green spaces, paths and trails all provide areas for active or passive recreational activities. In addition to its own attractive features, Bridger View abounds with open space for active living. Its adjacency to the new 60-acre Story Mill Community Park means that residents can walk to and into the park in less than five minutes. (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? Not applicable - this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District. (5) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient public services and facilities? Yes, Bridger View has been designed with an understanding of its role in the larger natural ecosystem and watershed. The neighborhood is built to take advantage of the • natural topography, the tall evergreens along Bridger Drive, and other natural features. Using principles of low impact development, stormwater and snow are managed on-site. Courtyards and other green spaces serve as sites for stormwater detention and snow storage. The circulation system has been designed to provide efficient access without excessive paving. The reduced paving increases permeability and minimizes heat islands. In addition to waste management during construction, easily accessible waste collection stations encourage residents to recycle and compost. (6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards and ensure compatibility with adjacent neighborhood development? Not applicable -this project is not proposing a residential density bonus. The proposed density is in line with what is anticipated for the R3, Medium Density District. (7) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes, the neighborhood was designed to capture the essence of pre-1940s traditional neighborhoods, such as the Northeast neighborhood in Bozeman. Characteristics Bridger View PUDP Application Statement of Planning Objectives I Page 10 • include a comfortable neighborhood scale, walkable streetscape, modest size, simple construction, shared community spaces, eclectic designs, and features that encourage neighborliness. The proposed density as organized within the project acts as a transition between the more urban core, the industrial areas and the nearby larger lot subdivisions such as The Headlands and Hillside Lane. (f) Detailed description of how conflicts between land uses of different character are being avoided or mitigated This project was thoughtfully designed with all its neighbors as well as the larger community, in mind. The property is zoned R3, Residential Medium Density District, which works well as a transition between the single household large lot residences to the east and the industrial and commercial uses to the north. The property has a park directly east and west, the Path to the M, an arterial and commercial uses to the north, and a property to the south that also has further development aspirations. Hillside Lane includes right-of-way that extends all the way to the western property line. This right-of-way also touches the southern property line for approximately 142 linear feet to allow flexible connectivity to the south. No land use or character conflicts have been identified. The Design Guidelines include perspective studies to share how this neighborhood will look from the Path to M and from the Story Mill Community Park. • (g) Statement of design methods to reduce energy consumption, (e.g., home/business utilities, transportation fuel, waste recycling) The Design Guidelines include statements regarding the many design methods used to reduce energy consumption for the site, the landscaping as well as for individual buildings. Additionally, HRDC is pursuing certification under LEED-ND. The scorecard is included for reference in Section 05 after the PUD Points calculations..The team is also exploring Passive House and LEED for Homes certification. Bridger View PUDP Application Statement of Planning Objectives I Page 11 • BRIDGER VIEW redevelopment Section 08 Supplemental Plan Requirements Bridger View Redevelopment Preliminary Planned Unit Development Application H R DC • • • secUlan 008 suppp ementa� Man ReqWrementz The following narrative addresses requirements from Section 38.220.120.2.c "Supplemental Plan Requirements." (1) Viewsheds. (a) Looking onto and across the site from areas around the site, describe and map the views and vistas from adjacent properties that may be blocked or impaired by development of the site; (b) Describe and map areas of high visibility on the site as seen from adjacent off-site locations; No adverse effects on viewsheds are anticipated with this project. Note that the proposed maximum height of homes ranges from 24'-6" to 28'-6". Please see the attached graphic for areas of high visibility as seen from important adjacent off-site locations including the Path to the M and the Story Mill Community Park. (2) Street cross sections if different from city standards. Street cross section schematics must be submitted for each general category of street, including: (a) The proposed width; (b) Treatment of curbs and gutters, or other stormwater control system if other than curb and gutter is proposed; (c) Sidewalk systems; and (d) Bikeway systems, where alternatives to the design criteria and standards of the city are proposed There are two types of right-of-way proposed — Hillside Lane is shown as a city-standard local street and the internal streets are proposed as 30-foot rights-of-way through the PUD. Cross sections of each street type are shown on Sheet C4.2 in the Drawing Set and discussed in detail in the Preliminary Engineering Road Design Report. The following chart summarizes the different types of rights-of-way: Name Width Ownership Notes Hillside Lane 64' right-of-way City of Bozeman Local street standard; parking on both sides; wider boulevards Blue Silos Way 30' right-of-way Owner's Street woonerf; no on-street Millworks Way Association (with parking; attached pedestrian Public Access facilities Flourhouse Way Easement) is Bridger View PUDP Application Supplemental Plan Requirements I Page 1 (3) Physiographic data, including the following: (a) A description of the hydrologic • conditions of the site with analysis of water table fluctuation and a statement of site suitability for intended construction and proposed landscaping. The description of the hydrologic conditions must include depth to groundwater measurements taken May 15 through September 15; (i) An alternative to the actual measurement of water table depth may be offered provided that such alternative includes a detailed soil profile, including a detailed description of the soil which follows The National Cooperative Soil Survey Field Book for describing soils and which provides good and sufficient evidence to establish the presence and depth of a seasonal water table, a land form position or location, or other physiographic data which are sufficient to establish the minimum depth to groundwater. Some soils are not easily profiled to establish an off-season highwater table, such as those underlain by sand or gravel, those high in organic matter and those with a high lime content. Physical monitoring of these types of soils may be necessary; (b) Locate and identify the ownership of existing wells or well sites within 400 feet of the site; The Geotechnical Report is required as part of the subdivision and includes the required information. As part of the geotechnical investigation, groundwater was monitored on the subject property from May—July. This information can be found in Appendix 10A of the Preliminary Plat application. In terms of wells, there are two existing wells on the subject property that will be used for irrigation. These wells are shown on Sheet L2.5 in the Drawing Set. (4) Preliminary subdivision plat. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of this chapter relative to subdivisions, must be submitted; This project includes the platting of lots. See Sheet C0.2 "Plat Summary Map."Also, please refer to the Preliminary Plat application.for additional information related to the subdivision.. (5) Traffic impact analysis. Notwithstanding the waiver provisions of section 38.220.080.A.2.i, the city may require that a traffic impact analysis be prepared based upon the proposed development. The analysis must include provisions of the approved development guidelines and must address impacts upon surrounding land uses. The city may require the traffic impact analysis to include the information in section 38.220.060.A.12. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis must meet this requirement; The Traffic Study can be found in Appendix 10.p of the Preliminary Plat application. • Bridger View PUDP Application Supplemental Plan Requirements I Page 2 • (6) Additional studies and plans. If the development's compliance with the community design objectives and criteria is under question, the review authority may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development; A comprehensive review of the project was provided during the Concept PUD and Subdivision PreApplication. Written responses to all comments are included in Section 03 of this application. The development is in compliance with the community design objectives. (7) A proposed draft of a legal instrument containing the creation of a property owner's association sufficient to meet the requirements of section 38.220.310 must be submitted with the preliminary plan application. The Master Declaration, Bylaws, and Articles of Incorporation are all in Appendix 10.b of this application. • Bridger View PUDP Application Supplemental Plan Requirements I Page 3 f . ' w 8�21DGE�2 DRIVE • V_// 4,4 MW _ - PATH ' �d I' �_V ILI - 4—"� L jo' � i + " -� f _ �•]�t7� ' _T Multi-use trail along Bridger Drive 1 I Create affordable and - � !� O dense community with �� I C r�r? �+ �.l> ��.r. sr r y ' ti77Y 1 , ..�'us.`:�.. . .vs., . . s � r i Move people, not just cars with right-sized �O 1�.,f.mow.:�...,.:,..• .x. {'r �\ /.. -1 1_ -' �I�+r. 0 ,41. .' _�' `� _ �57 Emphasize outdoor spaces with '' - = J* _ V 1 4 r ' \ �• -�� - �I Design ample, but not dominant , L '- Enable stewardship with _ r _ { Center Court"sh.red street" 1 � �:c",.rD•> , CDs `;�� r+ 7. • � � � _�.>,, • ''' �. 1 I Cry 1 �'`Z=Jn j' B R I I J'a U E WK V I WEW redevelopment View of development from Story W1 Community Park i PROJECT SITE-.. _ "1 �f' � tw � �ii � .• )/ �y�1� _ f — -- - - " 7a .. .+ a �..�._a_ _ate - I '.� _ _ .- � ,.-d•- - i1� ��4'.y - c.,�._r ,, � FIRST FL SECOND FL FIRST FL SECOND FL PARK LEVEL UNIT STREET LEVEL UNIT 1ST FL STREET LEVEL UNIT ZND FL U • , '� { - x It v .-w.r. f'+a _ _ �_-_ -- _ _. _ .. .. + _ - t .i t✓�. --yam r '.� .. . _._ _ VICINITY MAP `� 1 J+ r - �. t q j S oPedestrian green along Hillside Lane 3 Je:J.8 Gi-,_4..J'��x� ,��. :- i'3+-`. 'i,:�.1 ,fir is SG �+..Y 1� ljw� Pi-'.i!\..+r",;..+,E UINI S i BRIDGER VIEW redevelopment Section 09 Drawing Set Bridger View Redevelopment Preliminary Planned Unit Development Application 0 i HRDC • 000, BRIDGER VIEW redevelopment Drawing Set Bound as Seperate Volume Brldger View Redevelopment Placeholder Sheet H R DC JDECENEZ; NOV 0 5 2019 ' DEPARTMENT OF COMM-UNITY-DEVELOPMENT • BRIDGER VIEW redevelopment Section 10 Appendices Bridger View Redevelopment Preliminary Planned Unit Development Application HRDC 4 6 4 JANV 2 8 mo DEPHRTIl4MT OF COMMUNITY DEVELOPMENT u BRIDGER VIEW redevelopment Section 1 O . a. Design Guidelines Bridger View Redevelopment Preliminary Planned Unit Development Application 0 - H R DC .���:•' fit �..�,��� :� �` ���• ;�� ���,r�' i�t� w - �� � � ,..;ter! '�!�+� •3;" _ ..- - � n, "',._ e �• '<� �,,�yI fir` I, �,•� BRIDGER VIEW • redevelopment BRIDGER VIEW DESIGN , GUIDELINES 23 January 2020 3 �5 3 TABLE OF CONTENTS PROJECT OVERVIEW Project introduction 8 Purpose of the Design Guidelines 9 Location and Zoning 10 I. SITE ORGANIZATION I.A. Overview: Design Intent 12 I.B. Uses of the Site 16 1.B.1. Circulation 1.B.2. Lots I.B.3. Common Space I.C. Site grading and drainage 20 I.D. Utilities, communications, and refuse 21 I.D.1. Utilities I.D.2. Communications I.D.3. Refuse I.E. Parking 22 I.F. Emergency access 24 I.G. Snow storage 24 I.H. Regulation signage 24 II. LANDSCAPE II.A. Overview: Design Intent 26 II.B. Planting 27 II.B.1. Street Plantings II.B.2. Sidewalk Plantings 11.6.3. Courtyard Plantings 11.6.4. Yard Plantings II.C. Paving 31 II.C.1. Street Paving II.C.2. Sidewalk Paving II.C.3. Plaza Paving II.C.4. Parking Patio Paving • 5 � J i1 II.D. Fencing 33 II.D.1. Front yard fence II.D.2. Back yard fence II.E. Site Lighting 34 II.F. Wayfinding and Identity Signage 34 II.G. Deliveries 34 II.H. Site Furnishings 35 'I III. BUILDINGS k III.A. Overview: Design Intent 36 i III.B. Building types: 1, 39 III.B.1. House: Bungalow III.B.2. House: Farmhouse III.B.3. House: Parkside III.B.4. Common House III.B.5. Garages and Storage Units III.C. Building size and massing: 43 III.D. Building elements: 44 III.D.1. Foundation/basement III.D.2. Walls • III.D.3. Windows III.D.4. Doors III.D.5. Roofs I I I.D.6. Eaves III.D.7. Dormers and Bays III.D.B. Chimneys and Rcof Vents_ III.D.9. Porches III.D.10. Decks and patios III.D.11. House lighting III.D.12. House Numbers and Signs IV. APPENDICES Appendix A PUD Relaxations 50 Appendix B PUD Points 52 6 Bridger View Design Guidelines Y l PROJECT TEAM DEVELOPER Human Resource Development Council Contact: Tracy Menuez 1406.587.4486. 1 tmenuez@thehrdc.org Bozeman, MT DESIGN TEAM evolve environment::architecture Contact: Christine Mondor, FAIA, LEED AP, EcoDistricts AP 1412.362.2100 christine@evolveea.com I Pittsburgh, PA Comma-Q Architecture Contact: Ben Lloyd, AIA, LEED AP 1406.585.1112 1 ben@commaq.com I Bozeman, MT Stahly Engineering & Associates, Inc Contact: Cordell Pool, P.E. 1406.522.9526 1 cpool@seaeng.com I Bozeman, MT • CONSULTANTS Navigate, LLC Contact: Christine Walker 1307.690.4487 1 christine@navigatejh.com I Jackson Hole, WY Groundprint, LLC Contact: Susan Riggs, AICP 1406.579.5844 1 sriggs@groundprint.com I Bozeman, MT CONTRACTOR Langlas & Associates Contact: Loren Cantrell 1406.585.3420 lorenc@langlas.com Bozeman, MT • 7 i r. PROJECT OVERVIEW Project Introduction Bridger View is envisioned as a diverse neighborhood where households at various income levels, stages of life, sizes, and backgrounds can afford to purchase a home in Bozeman. This mix cultivates a healthy, vibrant, energetic, and safe living environment that sustains the rich fabric of the Bozeman community and fosters pride of place and good stewardship of homes, neighborhood, and community. The new neighborhood features 62 housing units on the 8-acre'site. Modest, well-designed houses are compatible in scale with Bozeman's older single-household homes. The compact yards and generous porches echo the character of Bozeman's attractive and desirable older neighborhoods. The moderate density is appropriate in this transition zone between downtown Bozeman and nearby larger lot single- household neighborhoods. • Bridger View offers a mix of houses at various prices, including affordable options for residents who find it increasingly difficult if not impossible to purchase a home in Bozeman. For the growing number of households who are looking for a convenient urban lifestyle, Bridger View gives them the opportunity to trade size for location. These smaller houses minimize the environmental footprint, reduce construction costs, and fill a gap in the Bozeman housing market. The.site is designed to capture the essence of pre-1940s traditional neighborhoods, such as the Northeast neighborhood in Bozeman. Characteristics include a comfortable neighborhood scale, walkable streetscape, modest size, simple construction, shared community spaces, eclectic designs, and features that encourage neighborliness. Bozeman has a number of highly livable neighborhoods, and while they each have a distinctive sense of place, what they share is the friendliness of a small-scale environment. Porches, front yards, sidewalks, and tree-lined streets offer a welcoming setting for walking and many opportunities to encounter.neighbors. Bridger View is likewise small in scale: every house is only a few steps from a neighbor's porch, a shared courtyard, or a bike trail. • 8 Bridger View Design Guidelines J • In addition to its own attractive features, Bridger View abounds with open space for active living. Its adjacency to the new 60-acre Story Mill Community Park means that residents can walk to and into the park in less than five minutes. The park itself is an extraordinary amenity, especially for nearby residents. It provides natural environments for recreation, a variety of play settings for children of all ages, climbing boulders, a natural amphitheater, a sledding hill, a 40-acre nature sanctuary and 14 acres of restored wetlands, three miles of trails, community facilities, as well as recreational, cultural, and special programming. The park is accessible to the whole community by bike trail and transit, which in turn, connects Bridger View residents to the city. Besides bordering the park, Bridger View is uniquely favored by generous biking and walking trails along both Bridger Drive and Story Mill Road. Bridger View not only avails residents of the rich natural environment around them but also stewards those resources for enjoyment long into the future. Climate-responsive houses run on less fuel; green spaces and plentiful trees conserve energy as well as water; healthy and durable materials improve indoor air quality; the Common House, a small neighborhood community building, contributes to social vitality as well as enabling the homeowner association to hold its meetings; site features encourage neighborly interactions; and good access makes • it possible to reduce the cost and environmental impact of driving. All these built-in features give residents the chance to live richer and healthier lives. Through a thoughtful process of planning, Bridger View seeks to demonstrate that affordability, sustainability, attractiveness, and healthy living can be enjoyed by any homeowner in Bozeman. While it is too early in the design process to guarantee what certification they will qualify for, the team is pursuing certification under LEED-ND and exploring Passive House and LEED for Homes certification. Purpose of the Design Guidelines The Bridger View Design Guidelines are intended to help the homeowners of Bridger View uphold the sustainable standard that has been established in the construction of the project. It is the goal of these Design Guidelines to document the intent of the planning, design, and construction of the Bridger View neighborhood. The guidelines seek to ensure long-term quality: sustainable affordability, healthy living, walkability, and neighborhood character. The renderings, plans and diagrams contained throughout the Design Guidelines are based on the schematic design of the project. While • they exhibit the project's overall design intent, they do not present in Project Overview 9 their entirety the final site conditions, landscaping, or building location • and architecture. Photos throughout this document are used only to illustrate points within the text. This document is intended to be used in conjunction with the full set of ownership documents. The Bridger View Covenants are on file at the Gallatin County Clerk and Recorder's Office. The Bridger View Bylaws also apply to all properties. This document does not require the establishment of a design review committee by the Bridger Vlew Homeowners Association, but it does not preclude it either. Any un-met code provisions or code provisions that are not specifically listed in this document as PUD Relaxations do not in any way create a waiver or other relaxation of lawful requirements of the Bozeman Municipal Code or Montana State law. These guidelines may differ and, in some instances, may be more restrictive than the Bozeman Unified Development Code. In the event there is a conflict between the Design Guidelines and any City land use regulations, the more restrictive provision shall control. Location and Zoning Emilr . 1:015 IN • i • . ,fig: ! 1�. - 1 . The Bridger View site is located between Bridger Drive along the north and Griffin Drive to the south, between Story"Mill Road to the east and Story Mill Community Park to the west. It was once on the northern periphery of Bozeman's urban fabric. However, increasing housing demand has caused development to leapfrog to the north 10 Bridger View Design Guidelines J ' • and east of the site. The property lies at a literal and figurative crossroads, a place where previous uses are being converted to new uses. Residences are springing up on former agriculture sites. Larger commercial and industrial developments are thriving, especially with recent infrastructure and road improvements. The new park, which conserves historic landscapes, may put pressure on long term uses and redevelopment. Older structures nearby may be transformed into new commercial developments. The site has been approved for R3 zoning (Residential Medium Density). Most of the incorporated area to the east of the site is zoned residential (R1 Residential Single-Household Low Density, RS Residential Suburban, and R3 Residential Medium Density), with the exception of the historic mill site and stockyard areas (B1 Neighborhood Business and B2 Community Business). Previous studies have suggested that these sites might anchor future commercial development. Areas to the west are largely commercial and light industrial (M1 Light Manufacturing and M2 Manufacturing and Industrial). Areas to the south of the site are included in the Northeast Urban Renewal District (NEURD), and are a mix of agricultural uses, commercial, and light industrial. Sites closer to older areas are smaller in scale and interwoven with residential uses in the Northeast neighborhood. The site is an 8.03-acre parcel of land located at the junction of Bridger Drive and Story Mill Road. A dense development plan was approved for the parcel and surrounding properties in 2008 but failed after changing the zoning, annexing into the city and closing the 92-household trailer park. The property is currently vacant but contains vestiges of its former use including two large asphalt drives and 40 trailer pads. Additionally, infrastructure remnants exist from former utilities that served the trailer court, including two wells and public water system, municipal sewer, and overhead electric. The neighborhood is well connected to regional trails and the new Story Mill Community Park. The site is equally accessible by car and by bike, and a ride or drive into the center of Bozeman only takes ten minutes. Vehicular access is gained at two points from Bridger Drive, which has recently been widened by the Montana Department of Transportation. The Trust for Public Land granted a pathway easement to the City of Bozeman along the northern boundary as a result of the road widening project to preserve the mature spruce trees and accommodate safe bike and pedestrian movement through the site. The Trust for Public Land also granted a sewer easement along the northern boundary to provide land for the city to install a new trunk sewer line. The neighbors established a Special Improvement District (SID) to share in the costs of installing this sewer line, and water and sewer mains along Story Mill Drive. • Project Overview 11 1 L V T E ORGAMEl T MN • I.A. Overview: Design Intent The organization of the Bridger View site is based on principles of neighborhood design that have stood the test of time and continue to attract investment to Bozeman's well-established neighborhoods, coupled with best practices in sustainability. Bridger View demonstrates that thoughtful design can create an enduring neighborhood that is cost effective to construct. The resonance between these principles can be seen in the site plan, which demonstrates the underlying alignment between traditional neighborhood development, low impact development, and lasting affordability. The design intent of the site planning is summarized in the following objectives: • Compact Development • The concept of compact development is a response to smaller households, increasing construction and operation costs, and the appreciation of natural open space. Promoted by planning organizations, it is being adopted by planning agencies around the country. By designing thoughtfully smaller houses, yards, and streets, neighborhoods are made safer, more livable, easier to maintain, and less costly to the city's infrastructure budget. Good connectivity, walkability, and affordability are all made possible. Compact development is a guiding principle for Bridger View. With 7.9 houses/gross acre, its density creates a good fit with its transitional ":F surroundings—a contemporary concept rooted in.best practices from the past. While Hillside Lane is built to the city's standard for public streets, the other private streets are intentionally in scale with older neighborhood streets. These "living streets" are designed to limit the speed of cars, making them safer and friendlier places. • Good Connections and Access '^ ' Bridger View has direct vehicular access to two major streets, Bridger - Drive and Story Mill Road. It also has unusually good pedestrian and bike connectivity via the existing Spur Trail, the new Bridger Drive shared pathway, and trails through Story Mill Community Park. ;:.. . Sidewalks within the site link each house directly to this regional mill network. 12 Bridger View Design Guidelines Natural Systems and Services Bridger View has been designed with an understanding of its role in the larger natural ecosystem and watershed. The neighborhood is built to take advantage of the natural topography, the tall evergreens along Bridger Drive, and other natural features. Using principles of low impact development, stormwater and snow are managed on-site. Courtyards and other green spaces serve as sites for stormwater detention and snow storage. The circulation system has been designed to provide efficient access without excessive paving. The reduced paving increases permeability and minimizes heat islands. In addition to waste management during construction, easily accessible waste collection stations encourage residents to recycle and compost. • Healthy and Safe Environments Integrating Bridger View into a healthy natural ecosystem also provides a healthy environment for residents. Thoughtful water and plant design make the site a healthy and enjoyable place. Residents have access to usable private open space and generous common spaces. Pleasant sidewalks and streets that slow cars invite walking and other active living. The street system has been laid out with great attention to everyday safety, particularly to reducing the speed of vehicles. Eliminating excessive street widths and corner radii, both of which contribute to speed, helps keep Bridger View residents safe. Parking is accessed from alleys that are kept separate from pedestrian paths • and pedestrian-friendly green spaces. The simplified street grid and compact development give ready access to the site for emergency vehicles. Bridger View is not only about providing great houses, but more fundamentally about building a sense of community. • Strong Community Ties Bridger View is not only about providing great houses, but more fundamentally about building a sense of community. When neighbors know and look out for each other,they have a strong and safe community. The Bridger View site is organized to encourage neighborhood interactions — a common house, shared trash/recycling, clustered parking, a center for mail and parcels, and common courtyards. By means of a new Community Land Trust, 50% of the houses will be perpetually affordable to households of moderate income. The houses are interspersed throughout the site and indistinguishable from market- rate units. The enhanced diversity contributes to a more resilient community. Site Organization 13 ice_ ._ � + 'W�.� • MAN ... rr f eele�•' Y ■ II rr ■ + r " BLUE SILOS � ■ � --ti.�•.. - - �� _' ` COURT Y-� [niN �" MILL•WORKS � ■- � ,� r COURT •S�/'� come y � MILLWORam KS�INAY AJ JIB ■�1 4 • i! �`, . y,, ,I .I t-ij air_ �� •�: - - �-- -�- •' .,� ■ran ,n I DE HILLSI GREEN a+�, HILLSIDE LANE _ k. —r HILLSIDE GROVE f , 1 • Accessibility and Visitability Site grading provides accessible paths that connect to city streets, trails, and Story Mill Community Park. Site grading allows for units that are accessible and for other units to be visitable. • Resilience With increasing instances of severe weather and stress on infrastructure, designing for resilience is part of establishing a durable and sustainable neighborhood. The site is designed to absorb heavy downpours, with infrastructure for unusually severe storms. Everyday snow management is a regular part of winter in Bozeman and is accommodated by conventional street and lot layout. But heavier snowfalls can be a problem, so Bridger View's open spaces are designed to provide snow storage during heavier snowfalls in the winter and accommodate stormwater detention at other times of year. I.B. Uses of the Site Bridger View is a homeownership community. The site is dedicated to mixed-income housing and the amenities that support the housing. Because households of different incomes are interspersed throughout the site, Bridger View will resemble a mature neighborhood more than a new development. The overall organization of the site is based on a simple traditional model: streets define blocks that are subdivided into lots and common spaces. 1.B.1. Circulation The circulation system provides access to and from Story Mill Road and Bridger Drive. The primary entrance is from Story Mill Road at Hillside Lane, which is extended onto the site and connects to Flourhouse Way I - BRIDQER DR - L - ✓ .. _. " W PEACH ST 1 AZ- Cn I a" a L` �, 1 •- r_, ft 13 L The streets in Bridger View are the length of 1.5 typical residential blocks. 16 Bridger View Design Guidelines • and Blue Silos Way. Blue Silos Way provides a secondary access, which is from Bridger Drive. Millworks Way gives access to parking courts and service uses, such as waste collection. Because of the compact nature of the development, these shared streets are the length of only one or two city blocks. Hillside Lane is a public street that will be maintained by the City. Its right of way is 64 feet, and it meets city standards for curbs, signs, parking, and lighting. The other streets are all owned and maintained by Bridger View. Their rights-of-way are thirty feet wide. They are "shared streets" that are inviting to residents for walking or biking. To encourage slower and non-motorized circulation, the asphalt street paving is edged on both sides by concrete sidewalks without a curb. Even though the shared street is a newer concept in planning in the U.S., the advantages of slowing traffic are evident in older smaller streets in Bozeman, where the low volume of cars and slow speeds make them safe for casual pedestrian use and children's nearby play. Bridger View is also served by a dense network of pedestrian paths within it that connect to Story Mill Community Park and the community trails on two sides. These paths, which continue at the edge of the local streets, link every front porch in the neighborhood. They also link parking courts to houses. This smaller-scale network gives Bridger View a sense of community connection that is missing in modern • residential subdivisions. It also weaves protective "eyes on the street" into the fabric of the neighborhood. 1 i „ I 1 11 I 11 11 1 11 I 11 11 -- 11 - 11 II 1 4F 11 II II I I CIRCULATION 11 i o Hillside Lane(City Standard 64'R.O.W.) © Public Access Streets n 11`II • Parking Courts I 1; 11, Site Organization 17 s 1.B.2. Lots To create a homeownership community, each house sits on its own lot. The houses are single-household Bungalows and Farmhouses. Some are freestanding detached units, while others are attached. The lots range from 1700 sf to 3650 sf. There are 52 single-household lots. Along the park, there are five duplexes, which are called the Parkside buildings. Each duplex occupies its own lot. All lots accommodate modest front yards and front porches. Lots that face a public edge of the site—the trail along Bridger Drive, the Spur Trail, or Story Mill Community Park—front those public spaces with another porch and yard. Thus, public spaces are always "fronted" by houses. Back yards are private outdoor space. Some back yards have parking spaces; others provide more private space for household use. Back yards are accessible from parking courts, alleys, or pedestrian walks. Typically, the houses are "zero lot-line houses" located at one side property line so as to turn two narrow side yards into a single usable space between two houses. The yard is the private property of one owner, whose house has windows facing it. The wall of the house next door, which sits at the property line, has no windows, so affords privacy to its neighbor. • i 1l i 11 , I I HOUSING LOTS ak i o Detached Single-household Lots -( ^�--+ Attached Single-household Lots Duplex Lots c Common House Lot \1 i 18 Bridger View Design Guidelines • 1.B.3. Common Space There are four types of common space on the site: the courtyards, the Hillside Lane Green, the Blue Silos Way Plaza, and planted edge spaces. All common space is owned and maintained by the Bridger View Homeownership Association. I.B.3.a. Courtyards: The courtyards are the primary organizing spaces on the site. Each of the three courtyards (Blue Silos, Millworks, and Flourhouse) is fronted on all sides by residential buildings and their porches. The courtyards are over 7,000 square feet in area. Visually they provide a shared front yard rf that unifies the houses around them. At the same time, they serve as small green squares for all the residents to enjoy. Each courtyard is planted in its own identifiable way and surrounded by common sidewalks. Trees are located to create Courtyards a natural ambience and pleasant setting without interfering with subsurface utilities. On one side, the walk is expanded to ten feet wide to provide a common paved area for gathering or play. Courtyards also serve as stormwater detention and snow storage areas. Trees are spaced and meadow planting 4 , is used at the perimeter of the courtyards to accommodate the movement and storage of snow. I B.3.b. Hillside Green: From the entrance at Story Mill Road t to the Common House, a formal wedge of green space borders Hillside Lane and creates a tree-lined common area that is the "front yard" of the entire neighborhood. While the Common - House is its terminus, it is a green space that links views of the park to the west with views of the mountains to the east. It Hillside Green t--1 creates a distinctive sense of place for the neighborhood and forms a generous green lawn. A sidewalk along the houses separates their front yards from the common green. Another sidewalk borders Hillside Lane. Parking spaces are provided on both sides of the street. Like the courtyards, Hillside Lane _= Green does double duty as a catchment area for stormwater and snow storage. 1.B.3.c. Blue Silos Way Plaza: Across Blue Silos Way from the i Common House is a small paved plaza that is intended as a hub of daily community activity. The plaza is a communication center where residents get their mail and share posted information. A small building along the north provides a secure room for F 1, parcels to be left as well as space that residents might use for Blue Silos Way Plaza --� �� shared tools. A porch roof extends over the plaza to provide a sheltered place for mailboxes, benches, and bike racks. The front porch of the Common House is right across the street, which in turn connects to the large porch overlooking the park Site Organization 19 and the green space around the building. The variety of spaces — - - �• is designed to accommodate casual encounters, small groups of neighbors, and large community gatherings. �'U h I.B.3.d. Planted Edge Spaces: Bridger View has the good :, fortune to be surrounded by active open spaces and is designed to contribute to the quality and safety of these spaces. In addition to contributing land dedicated to the Bridger Drive trail, the neighborhood is designed to front on both trails rather than turning its back on them. Paths through common spaces link Planted Edge Spaces to the trails. In both these ways, Bridger View adds activity and natural surveillance to the public spaces. Other common spaces at the edges of the site, which are simply well planted, augment the natural environment and visual coherence of the site. In addition to providing areas for stormwater detention, edge spaces have been designed to augment snow storage during heavy snowfalls. I.C. Site grading and drainage The site slopes gently down from east to west and from south to north. The northwest corner is the lowest part of the site. The overall difference in grade is approximately ten feet. This difference has been used to channel water to the detention areas. The slope of circulation and common spaces is typically under 3%, which is not noticeable. 0 Most yards are nearly flat. For accessibility purposes, some back yards slope slightly up to the back door. There is no anticipated requirement to acquire or remove significant fill from the site for grading. 1 1 a1 I TI a "T" 0) " a m " a 1101 E 110" a " E 1 1 6 " in IY Y" 0zii IIn lyl I I I " O "@I a ICI 0 I a (n I N ' N 131 N 1 d I 1 1 {n I 1 (a 1 Q I(0 1 I p 1(0 1 1 1 I 1 ILLI ILLI I ILLI I I I I 1 N I I 1 1 1 1 1 •� I I r I 1 1 1 I 1 1 I 1 I I I I I 1 I 1 l I 1 •I 1 1 1 I •.1 � ..'I lr. I 1 w h l 1 1• I I I 1 Ir 1 00 0_0 _ _o 0._.._. ..___-. :000" Schematic courtyard section showing stormwater detention area 20 Bridger View Design Guidelines r �.d I.D. Utilities, communications, and refuse I.D.1. Utilities Water and sewer lines (deep trench utilities) are run under streets in utility easements, which are 20 or 30 feet wide, as required. They are distributed to the front of each lot, where they run between porch piers and into the lower level of the unit. Electrical lines are typically run in in a "shallow utility trench" with a five- or ten-foot easement. The shallow utilities are kept separate from the deep utilities. They are distributed under alleys and enter houses from the back yard. The electric line along Story Mill Community Park is located at the street side of the houses along Blue Silos Way instead of the park side. The line along Bridger Drive is adjacent to the trail. Transformers and junction boxes are located where the properties can be served efficiently without intruding on the quality of the environment, particularly the common circulation spaces. I.D.2. Communications Phone and data lines are laid adjacent to electric lines. The utility L easement allows for the required access to both electric and communications lines. Communications pedestals are located in visually unobtrusive locations. S EM(STING { ,- G. EC.G. i II + 11 II „ I II + F > 1 I L-, 11 T n 11 n 11 + 11 II 11 n u 11 • - 11 + II II II - E .G. i 1 I II 'I I 11 I I UTILITIES I e Sewer I i o Water 1111111111111111110 Elec.-Comm.(Shallow) ;1 � t 1 I Site Organization 21 1 I.D.3. Refuse Four waste collection and two recycling/composting stations have been designated on the site, all along Millworks Way. These common collection sites encourage neighborhood interactions, improve ease of collection for the city, promote recycling and composting, reduce cost for homeowners, and optimize storage by eliminating the need for individual trash and recycling bins in every yard. Each trash enclosure is designed to include two large refuse tubs. Recycling and compost totes are housed in the recycling enclosures. They can be accessed directly for side pick-up. All enclosures are designed to be resistant to wildlife. I.E. Parking All units with two or more bedrooms have two parking spaces, which are accommodated on-lot or off-lot in shared parking courts. One-bedroom units have either a single assigned off-lot parking space or two on-lot spaces. Eight flex spaces provide additional parking for residents or guests. Street parking for visitors or residents is also available along Hillside Lane. Distributed parking optimizes the site for homes, reduces heat islands, and facilitates encounters among neighbors. Parking courts provide clustered parking and are located for convenience around the perimeter of,the site as well as along alleys behind houses. Each parking court has two rows of right-angle parking spaces. The two courts south of Millworks Way are bookended by two-car garages at each end. Between the garages are both single and tandem parking spaces, serving the units on either side as well as others nearby. Parking along the alleys north of Millworks Way give access to on-lot parking patios for the six adjacent units. Both alleys lead to a parking court with two three-car garages and four sheltered spaces. A third such court is at the east end of Millworks Way. There are 138 parking spaces provided and 14 spaces on the north side of Hillside Lane. The distributed parking courts provide access to parking from units in all parts of the site, and parking has been planned to offer choices. Buyers who value the convenience of on-lot parking have several unit types to choose from, while those who value yards or location or a sustainable lifestyle more than parking also have choices. A wheelchair-accessible parking space is provided on Hillside Lane near the Common House. In addition to the public parking spaces, a temporary parking space for postal and other deliveries is provided at • 22 Bridger View Design Guidelines 1 , I 11 II II 11 11 11 11 i I - II 11 II / II 1 II II 1 11 I II 1,j 11 1 REFUSE IW Trash Enclosure Ct Recycling Enclosure Trash Pick up Route 111 i Recycling Pick up Route \; , . 11, 1 • E I I f3 3 4 4 1 1 1 1 II ' I C 11F�•1 � '-1 ; 11 I • s - I 11 i i A 1 f 1\ __..� _�• -J i - �7 J it 4i M I j j `I E4 " FI A5 WA ; 11 1 E� E �J E� II F3r� 11 CI ; Ei I I II DI �. ES li A I II II PARKING I z a� 4 .s I , c� On-Lot(Driveway) -- - a Remote o Flex G ��t!Zt= o Visitor [sue Temporary Mail Delivery 6+m®1 I1t, rnaI Accessible Space reDi Car Share Space � I Ilf I li � Site Organization 23 r the Blue Silos Way Plaza. • I.F. Emergency access P Everyday safety is a primary concern in the design of Bridger View. Limiting perceived pavement width and keeping corner turning radii small are essential to the safety of residents because they help reduce speed. The site plan has also been laid out to provide efficient access to units by emergency vehicles. The continuity of the streets between entrances at Story Mill Road and Bridger Drive enable an ambulance or fire truck to enter and exit the site without having to turn around. Streets are constructed to support heavy vehicles. Fire hydrants are located to be accessible to all units and to emergency vehicles. Snow storage on open spaces allow streets to be kept clear for emergency vehicles in winter. I.G. Snow Storage The site has been designed to allow for safe passage and access throughout the year. Snow storage is accommodated in every major common space, providing a good distribution of storage areas and ample space for accumulation. Areas that manage stormwater in summer are also designed to afford snow storage in winter. Site landscaping and fixtures are located to allow for snow plowing to clear streets and common paths. Individual homeowners are responsible for shoveling the snow on their lot, which must be stored within their lot. The Bridger View Homeowner Association manages snow on common property. I.H. Regulation signage As required by City standards, signs are to be installed along Hillside Lane to designate the speed limit and other traffic signs and street name signs. The same street name signs are to be used throughout. Vehicular trail crossing will be painted as required. r 24 Bridger View Design Guidelines rjh / • ��— 1 1 1 MILE TO NEW �CIENTSA FULS. BLI s+usrim - 1 ACCESS \\ 1 IW I — 1 1 1 II i\ i i EMERGENCYACCESS ;;WE Emergency&Fire Access �- ---- Fire Lane i Fire Hydrant(250'Radius) \\ i n ; /A I ' I II , II { II 11 i ❑ � II II 1 I II II SNOW STORAGE Major Snow Storage Area I —- - 1`\ I a ttt Site Organization 25 II. LANDSCAPE II.A. Overview: Design Intent Local landscape and neighborhood character,Bozeman,MT. While the site planning establishes the overall organization, density, and functional capacity of the site, the design of the landscape adds essential qualities of livability, vitality, and sustainability. It also links Bridger View visually to Bozeman's attractive traditional neighborhoods. The design intent of the landscape design is summarized in the following objectives: • Local Character Bozeman's landscape and urban form give it a unique identity. Bridger View has adopted these features to infuse Bozeman's character into a new development. Throughout the city's older neighborhoods, outdoor spaces have been designed for living. The interior space of a house is extended with porches, shaded lawns and sunny gardens, patios, and private back yards. Along any street, the houses may vary, but differences between front yards and back yards are very clear and help give the neighborhood an orderly and inviting appearance. The landscape creates transitions between public and private space with simple changes in material or surface as well as with planting 26 Bridger View Design Guidelines �i • M . and fences. Public street spaces in Bozeman have a "well-tended" character that makes them feel safe. Natural materials and simple detailing provide cost-conscious options while allowing for a rich and appealing visual diversity. • Resource Stewardship The value of natural resources is fundamental to the concept and design of Bridger View. Water conservation is addressed with a drought-tolerant landscape. Water for irrigation will be drawn from two existing on-site wells. Paving is reduced wherever possible to increase permeability and minimize heat islands. Existing trees, such as the spruce trees along Bridger Drive, are to be saved wherever possible. A generous number of new trees are planted to help manage water, temper the microclimate, and improve soil. Native plants contribute to a healthy ecosystem as well as local character. Energy efficiency is achieved with LED lighting that also meets Dark Sky requirements. To minimize transportation fuel, locally-sourced materials are to be used as much as possible. • Sustainable landscape ` Bridger View's goal is lasting affordability and livability. It means " 4 9 9 9 Y Y designing the landscape for more than its immediate impact. t Through the lens of this longer view, the quality of construction and materials and the integrity of the naturals stems that will sustain g y y the neighborhood become even more important. The Bridger View Homeowners Association will exercise long-term stewardship of the entire neighborhood with an added layer of stewardship created by the Community Land Trust, which will ensure permanent affordability for half of the units. In landscape design, detailing and the use of natural materials as well as attentively supervised construction all contribute to Ndurable quality. Non-invasive native plants selected for their suitability to the soil and climate are more likely to be self-sustaining. ti II.B. Planting There are four distinct types of planting on the site: street, sidewalk, courtyard, and yard. Each type of planting is suitable for its function and location, and the differences among them help emphasize the many layers and scales of open space on the site. Planting allows for stormwater detention and snow removal. All tree plantings avoid + utility easements and will be coordinated with the location of any other surface or sub-surface interferences. '-` II.B.1. Street Plantings I Street planting in the Hillside Lane right of way is to comply with Bozeman street standards. All street tree planting is intended to grow eventually into a full canopy over the street. Selected Landscape 27 IMIJ 00 J'��= DM. " �i►A�r, R oil �� ■bra A o i win Vp Mo i Vo O n ••�� 0 �sys��t ia!'i ��'�`t 6rr�`as•ot_ •i� ���ra�T� _Q�Afv�ca��"•�grt tv`'l�`' r ,�£ •� r .' ,/yak `Q �1;� r '� �r ae• aYS I 4` ���,' '�$1. !- y sc ,hTl�T 'r .�a •�� ,(f?. ¢{ `�`.Ry � k� j'' �� ��v_ It:* ` � / Y' �•:. rl �-� ,jtl�e .,��s ,'. ,wa•:I �' yf �]J� 111 t `�'� K. _ 7YC%•� �4t f`'y��] ��/+a(r _{ •L ({!�i111!�A a�l )• V� � ��f!{�j ri� �; >•1 �10;' � &i Ta fF. 4x y. J w M • _ _ _ street tree species are adapted to the local climate and urban conditions. They are tolerant of both drought and pollution. The ' _ t Bridger View Homeowners Association will be responsible for `� • .:.,.r .� maintaining the street plantings other than along Hillside Lane. II.B.2. Sidewalk Plantings. The pedestrian paths through the neighborhood are intended to be attractive places to walk, even during hot days. The common space on either side of Street Planting d the sidewalk will be planted with low-maintenance shrubs and trees. Plants will be chosen to create a pleasant variety with visual interest at all times of the year. The Bridger View _ - Homeowners Association will be responsible for maintaining the =� J" sidewalk plantings in common areas. II.B.3. Common Space Plantings The' common plantings must address several conditions. Because stormwater will collect in the courtyards, plants must withstand periodic wet conditions, even in a dry climate. The -----�-- intent is to differentiate areas within each courtyard to allow Sidewalk Planting �{ for a variety of conditions. The southernmost part will be most densely planted with shade trees. The northerly area will be mostly open and sunny,'which will be inviting at colder times. _ Each courtyard will be planted to emphasize its own unique identity. The Bridger View Homeowners Association will be I• �YJ — responsible for maintaining the courtyard plantings. II.B.4. Yard Plantings Today: Initial planting in back yards is limited to ground-covering plants to protect and enrich the soil prior to any planting the homeowner chooses to do. Planting in front yards will be a Common space Planting , simple palette of native drought-tolerant perennials and shrubs, which are unpalatable to deer. The mature height of shrubs in front yards is to be no more than four feet. Trees planted by ---- .� the developer in a front yard are recorded on the lot plan as a 4 common element that may not be damaged or eliminated by the homeowner. The homeowner is responsible for maintaining the tree in good health and replacing it if necessary. Future: Yard planting in back yards is limited to native drought- tolerant, non-invasive species. Before planting any trees or large shrubs that are likely to overhang a neighbor's yard, the neighbor should be consulted. Front yard planting is limited �L to native drought-tolerant, non-invasive species. Lawns in IJ -- front yards are prohibited. Homeowners are discouraged from using toxic pesticides or herbicides. All plantings should be Typical Lot Planting unpalatable to deer. Landscape 29 ----- - sow �----- -- s�MlYll•11 _ _ _ _ - _. _ _ �`� 'L~�► � - =-fir }� Y j. w • II.C. Paving Paved areas serve more than one function and must convey their multi- functional intent, so they are designed to be versatile and attractive as well as durable. Homeowners may not pave any parts of front yards or areas in public view. They may use pervious paving in their back yard, but only where paving is not restricted. To adapt paving to its various purposes and to assist in wayfinding, the site is designed with four types of paving, which are as follows: II.C.1. Street Paving The construction of Hillside Lane is to comply with Bozeman's Public Works Standards. Any street or alley designed for X emergency access must support heavy vehicles. The streets and alleys will have asphalt paving. They will be edged with low concrete walks on both sides in lieu of curbs. The concrete walks will be broom-finished concrete, scored at typical "sidewalk" intervals, approximately every three to four feet. Parking spaces in parking courts are asphalt. Garages have Street Paving concrete floors. II.C.2. Sidewalk Paving Pathway sidewalks are part of a small-scale pedestrian • -' network. They are therefore less wide than along streets. The concrete walks will be broom-finished concrete, scored at typical "sidewalk" intervals, approximately every three to four feet. Walks in common areas are typically four feet wide. II.C.3. Plaza Paving Plaza paving is used to mark special areas, such as gathering Sidewalk Paving spaces or street crossings, and it therefore has more visual texture than other paving. Plaza paving is concrete scored in a simple pattern such as a square grid, and is consistent throughout. Alternatively, the concrete may be colored and/or stamped. k l� II.C.4. Parking Patio Paving e ! In lots that have a parking patio, it is the same as plaza paving: - � - concrete scored into a square grid. .w •zyry �, Plaza&Patio Paving • Landscape 31 '►bi Y, ��, �., _ aim- �♦ � -�� }+v.' �.� -'.•�+" � � \ 4�� •�r bra ��` 1 � I 0 t • II.D. Fencing , Fencing helps to distinguish private spaces from both common space and other private spaces. Two types of fences will be installed as part of the initial construction, as noted in the accompanying plan. These fences are illustrated below. It is not intended that all future homeowner-installed fences match these fences. The requirements are limited to materials and size and leave plenty of opportunity for individuality. Fences may not be made of plastic (vinyl or other) or chain link. They must have a durable finish and be maintained in good condition. No continuous fencing surface should extend more than four feet in any direction. --- II.D.1. Front yard fence Fence posts may be up to three feet (36") high; the intervening n fence is 32" high. Fence posts are to be no more than four feet apart. Fences along common or public property shall always ' "front" the common area. J II.D.2. Back yard fence Fence posts may be up to 4'-0" (48") high; the intervening fence is 44" high. Fence posts are to be no more than eight feet apart. • Initial Construction Fences Fences along common or public property shall always"front"the common area. Fences between private yards shall be double- sided unless otherwise agreed to by those neighbors. r- T C2 • `ter r.. _..t� ��' - puUmul - - Homeowner Constructed Fences "Front Yard Fence" v "Back Yard Fence" Landscape 33 • II.E. Site Lighting • Site lighting is designed to provide safe and pleasant public and common spaces at night. Hillside Lane street lighting complies with city standards. In addition, street and path lighting will be provided by residential pole lights. Porch ceiling lights create a welcoming glow along paths. For other common areas, such as paths along back yards, light fixtures are affixed to garage walls. Maintenance of the lights is the responsibility of the Bridger View Homeowners Association. II.F. Wayfinding and Identity Signage Street signs throughout the site are installed as part of the initial construction. At the two entrances to Bridger View there is a shelter with a site map for visitors. The name of each of the three courtyard- — -- centered parts of the community will be on a sign at its "entrance" from Hillside Lane. Additional signage will be installed by the Bridger View Wall and pole mounted fixtures Homeowners Association if a need for it is determined. It is intended that there are to be few of these signs and that they are to be simple and modest in size with no imagery. Freestanding signs on the site _ are to be minimized. II.G. Deliveries __`=i USPS approved mailbox units are to be installed in the Blue Silos Way r. Plaza under the porch roof. Parcels are to be delivered by USPS or any parcel delivery service to the secure room in the building with the porch. Temporary parking for deliveries in the plaza or elsewhere is either limited to twenty minutes or arranged with the Bridger View _ Homeowners Association. T A _ E Neighborhood wayfinding signage • 34 Bridger View Design Guidelines • 0 • II.H. Site Furnishings Initial site furnishings are noted on the technical documents. Benches are provided along the courtyard plaza paving and along the sidewalk. At the Blue Silos Way Plaza, there's a bench under the porch near the mailboxes. A bike rack and trash basket are also located there. A large community notice board will be installed on the wall. Similarly, under the porch roof outside the parking courtyard facing the east courtyard, a bench, bike rack, notice board, and trash/recycling basket are installed. Access to Story Mill Community Park offers a wealth of outdoor play and recreational facilities. Within a few minutes' walk, residents can enjoy a variety of play settings for children of all ages, climbing boulders, a natural amphitheater, a sledding hill, a nature sanctuary, and three miles of trails. The park also offers recreational, cultural, and special programming. With such facilities virtually on-site, there is no need for additional specialized site furnishings in the neighborhood, where common spaces are comparatively small and within earshot of so many houses. OL , l i i - - Landscape 35 III. BUILDINGS III.A. Overview: Design Intent Houses in the North East neighborhood,Bozeman,MT. r Bridger View is designed as a mixed-income community and, through the Community Land Trust, will retain 31 units permanently affordable to middle income households. All the houses are designed to be attractive to homebuyers, whatever their income level. Recognizing that Bozeman's architectural identity comes from simple building shapes that are neither elaborate nor ornate, the new houses are modest in size, approachable in scale, and simple in form. The quality of design and materials make them cost effective to construct, heat, and maintain. They are intended to create a house people will care for. Three house types offer great diversity in number of bedrooms, types of lot, relationship to neighboring units, parking options, and architectural character. This allows for a cost-effective design that responds to the needs of different households, as well as a varied streetscape that adds interest and neighborhood character. While construction will be sequenced, all 62 units and the Common House will be constructed by the project development team. The site plan shows the total build-out of the development; no additional units will be built in the future. Moreover, housing may not be subdivided into separate dwelling units or lots combined to create larger houses. • 36 Bridger View Design Guidelines �I • • The design objectives for the buildings are summarized here: • Residential Ownership The neighborhood is planned for 100% residential ownership. Half of the homes will be made available to income qualified Bozeman residents earning average wages, offering an innovative homeownership model that provides stability, security and wealth-building. For other potential buyers, it offers choices in location and lifestyle not available in any current residential development. To attract an ownership market, the development reflects the character of highly desirable Bozeman neighborhoods; the houses suit a variety of lifestyles; the yards are highly usable but easy to maintain; and the common spaces and the Common House provide expanded living space and an attractive environment. All these features create modest homes that"live larger". • House Types Bridger View offers a variety of clustered single-household and multi- unit houses comparable in scale to single-household homes. The modest but spacious houses range in size from 750 to 1,575 square feet. This product type fills a gap that is in limited supply in Bozeman and fits within the greater neighborhood context. The houses contain one, two, or three bedrooms. They have ample storage space, which may include full basements. Generous front and back porches function as inexpensive outdoor rooms. The attached and detached building prototypes can be arranged in multiple configurations. Their architectural expression is varied to create an eclectic neighborhood. They are designed from simple familiar house types—Bungalow, Farmhouse, and traditional gable (duplex)--that are cost effective to build. • High Amenity Value While affordability informs all design decisions, livability is just as important. Bridger View's high amenity value is its ratio of livability to affordability. All units have private outdoor space. The houses have been designed for privacy inside and out, with open and closed side walls so that neighboring houses 'nest'together. Porches extend living °4 space outdoors while enhancing interior privacy. A balance between privacy and community is created by carefully-placed architectural elements between the street and the house. Back yards are kept more private and separated from common courtyards and front yard spaces. Everyone needs good storage spaces to avoid outdoor clutter and provide room for the stuff of life, so the houses are designed with storage places inside the house—closets, cubbies, cabinets, shelves, and potentially basements and attics -- and outside in garages and storage units. This is a big benefit for those with active lifestyles. Parking is necessary, and each unit has its own parking, but not • everyone considers it equally important, so several options are Buildings 37 offered. A limited number of homes have on-lot parking, which allows • the neighborhood to meet the parking preferences of many types of households. Some spaces are. in garages, either on-lot or off-lot, others.in outdoor or snow-sheltered spaces. For walkability, safety, and environmental quality, most of the parking is clustered rather than distributed to each lot. This allows more flexible use of the site, limits the dominance of garages and driveways, allows more light into the houses, and decreases the amount of hard paving. • Sustainability Bridger View demonstrates sustainability at the scale of both the neighborhood and the houses. At the neighborhood scale, it reuses a previously developed site; it is linked into a network of pedestrian and bicycle connections; its site is walkable; its housing is diverse; it manages snow and rain with green infrastructure; it provides for recycling and composting; and it connects to extensive community park facilities. Its houses are highly insulated; water-conserving; built of recycled and healthy materials for good indoor air quality; and use low-energy lighting and appliances. Early tabulations show that the design to date surpasses the requirements for LEED-ND certification. The houses are designed with the goal of meeting Passive House standards. The concept of Bridger View is long-term sustainability. The goal is not just to construct a certifiable "green" development, though that is an • ambitious goal. Its true success is its lasting affordability and livability. Well-designed and well-constructed houses gain value over time. Houses that require less fuel will have an even greater affordability advantage in the future. Detailing, and materials selection, and well- supervised construction together produce better quality and greater durability. • Accessibility/Adaptability Among the diverse unit types in the development are one- and two- bedroom accessible units. Single-floor, one-bedroom Bungalows and two-bedroom Bungalows with a first-floor bedroom are designed to be adaptable for people with mobility or other impairments. They are also ideal for aging in place, since they include a ground-floor bathroom, clearances for wheelchairs, blocking for grab bars, lever handles on doors, and so on. Site grading allows other units to be visitable as well. • Resilience The design of the site takes resilience into account. The word"resilience" is often used today to mean the ability to recover from disasters, but its original meaning is to be prepared to withstand any kind of stress. Designing for resilience means reducing an environment's vulnerability to stress. For example, to be less vulnerable to increasing energy costs, the buildings are all designed for energy and water conservation and • 38. Bridger View Design Guidelines • • improved indoor air quality. Similarly, the buildings, which are designed to run on significantly less energy, will be ready for photovoltaic panels. The Common House provides living space in guest accommodations, a community-size dining room, a kitchen, and a laundry should it be necessary to evacuate houses during an emergency. Most of all, it is the features that support everyday neighborliness, such as the clustered parking areas and common mail delivery center, that will help build the sense of community that will serve the residents in any kind of emergency, and that is at the core of the concept and design of Bridger View. • Architectural Fit It is often said that people buy neighborhoods, not houses, and Bridger View is designed to feel like one of Bozeman's desirable neighborhoods. Small walkable streets will eventually have pleasant tree canopies. Just as in the older neighborhoods, Bungalows and Farmhouses line the street with front yards and inviting porches. Parking, utilities, and services are kept where they belong, in neighbor-friendly back alleys and parking courts. The design aims to achieve a balance between overall unity—a sense of belonging to its neighborhood context—and the richness of smaller-scale variety—a distinctive sense of place. III.B. Building types: III.B.1. House: Bungalow Bungalows come in two sizes, one- and two-bedroom. They share a common "integrated" roof massing, in which the upper floor has knee-walls and partially sloped ceilings. The one- bedroom Bungalow is a single-story unit ideal for a person who wants to avoid stairs. The two-bedroom Bungalow also has a bedroom and bathroom on the first floor, as well as on the second floor. Most of the Bungalows face a courtyard and others along the small private streets. Each has a back yard and parking, whether on-lot or off-lot. All Bungalows have the potential for full basements. Bungalow Units • m U �_i _ m E BUNGALOW-1 BR BUNGALOW-2BR Side Elevation Front Elevation Front Elevation Side Elevation • Buildings 39 III.B.2. House: Farmhouse • The Farmhouse is an L-shaped unit that has either two or three bedrooms. Some are freestanding while others are attached to + ;L L ALL ` another unit. Two-bedroom Farmhouses are mostly along the perimeter of the property, where they face a regional walking/ bike trail on one side and a local sidewalk on the other. Three- rA,, bedroom Farmhouses are located near the site entrances and at corners near the courtyards or the Hillside Green. Each has LL ALL P a private yard and two parking spaces, whether on-lot or off-lot. Farmhouse Units o o Q QQ Q QQ o Q 0 m FARMHOUSE-28R FARMHOUSE-3BR Front Elevation Side Elevation Front Elevation Side Elevation III.B.3. House: Parkside The Parkside buildings resemble a pair of attached Farmhouses in overall massing. They contain duplexes, which consist of a three-bedroom unit above a one-bedroom unit. They are located along Blue Silos Way and overlook Story Mill Community Park. The one-bedroom units have a front porch and entrance facing the park. They can also be entered down a stair from a small porch along Blue Silos Way. The parking space for this unit is off-lot, across Blue Silos Way. The three-bedroom'unit has two stories. The first floor is entered from a porch on Blue Silos Way. A private balcony off the living room provides covered outdoor open space. The three bedrooms are on the upper floor. This unit has an attached = garage and tandem parking space on-lot. Parkside Units L1 Ou ill I QQ m e e Qo �jQQ PARKSIDE-3BR+1 BR d=_=O t � , Street Elevation Side Elevation Park Elevation • 40 Bridger View Design Guidelines 0 • III.B.4. Common House The Common House serves a number of important functions. It provides a large meeting/dining room and a kitchen, where residents can gather for homeowner meetings, special community events, informal gatherings, and family parties. The room has a high ceiling, large windows, and doors onto the large park-facing porch. The small kitchen enables food from home to be warmed or a meal to be prepared. The first floor of the building, which is accessible, also includes space for community announcements and messages, a coat room, and restrooms. On the second floor are two guest suites with bedroom and bathroom, which enables residents to have the affordable option of guest accommodations, eliminating the need for an extra bedroom in their own unit. The Common House building is located at the terminus of the Hillside Green, framing that important entrance to the site. It is at the confluence of Hillside Lane, Blue Silos Way, one of the major pedestrian paths through the site, and the park. It is easily accessible by foot and is right across the street from the community mailboxes. Though it is larger than the houses, it shares a similar massing and architectural character. The simple pitched roof with extended eaves,the siding and trimmed window and door openings, and the porches are the same • elements in both building types. ,The large porch overlooking the park offers a sheltered outdoor space for gathering. The basement level of the Common House, accessible directly from T the sidewalk along the park, provides community storage and •ri ': utility space,offerning future homeowners flexibility to determine future uses, such as bike storage, laundry machines, repair workshop, and equipment storage. i u Common House and Community Mailbox 1 N. COMMON HOUSE-281R Street Elevation Side Elevation Buildings 41 • III.B.5. Garages and Storage Units • Garages play two important roles on the site: they provide protected parking and storage and they separate parked cars from pedestrian spaces. There are seven three-car garages and seven two-car garages on the site. The garages are paired in parking courts that also accommodate two to sixteen other spaces. Six of the garages also provide storage units for items residents prefer not to store in their houses, such as recreational items or gardening or auto supplies. The garages are simple house-shaped buildings that have the same types of siding and roofing and detailing as the other buildings on the site. While they complement the houses, they also echo the proportions of nearby agricultural buildings. �` '� -� �L � Parking spaces next to the three-car garages, which are along a the perimeter of the site, are sheltered with roofs. In the interior :" of the site, the parking spaces between garages are open, and n_ nine of them are tandem spaces. Garages are designed to allow for the future installation of photovoltaic panels. --- - - - Garages in �i• —a.a c— TYPICAL 3-CAR GARAGE TYPICAL 2-CAR GARAGE COMMON PLAZA MAIL&PARCEL Street Elevation Street Elevation Street Elevation III.B.6. Bicycle Storage Along Blue Silos Way is a building that provides a sheltered space for mailboxes and a secure room for parcels. It is a small one-story building with a pitched roof and a porch that invites residents to linger under cover for conversations or casual activities. It also contains a three-car garage, which is accessed separately from the parking court to the rear. This building also has the same types of siding, roofing, and detailing as the other buildings on the site. Sheltered bike parking is provided at the mail & parcel building in the common plaza as well as at the East parking court. • 42 Bridger View Design Guidelines 4 • III.C. Building size and massing: At this point in the design, the gross area of each unit type is as follows: Bungalow 1 BR: 750 gsf Farmhouse 2BR: 1200 gsf Parkside 1 BR: 750 gsf Bungalow 2BR: 1150 gsf Farmhouse 3BR: 1450 gsf Parkside 3BR: 1575 gsf (These should be considered approximate, as they may be adjusted during design development.) Buildings are generally one or two stories high, except where the sloping grade exposes the basement level of units along the park. All units have attics, though they are only occupiable in the Bungalow units. Bungalow and Farmhouse units are either freestanding or attached in rows of two or three. Parkside units are in two-unit buildings, three-bedroom above one-bedroom. �Illl-Il�I- ,,III II1�.I F3-3BR FARMHOUSE F2-2BR FARMHOUSE B2-2BR BUNGALOW B1 -18R BUNGALOW [6 count] [5 count] [2 count] [0 count] • ;IIIII� III, IIII IIII _ �IIIIIIiI�, POOL B1/B1-BUNGALOW DUPLEX B1/F2 BUNGALOW FARMHOUSE F2/F2-FARMHOUSE DUPLEX [1 count] DUPLEX[2 count] [5 count] MU B2/B1/B2-BUNGALOW TRIPLEX B2/B1/F3-BUNGALOW FARMHOUSE TRIPLEX [4 count] [3 count] lll li��, I�►IIIII ,, _ ,,IIIIIIII�I , P4-3BR/1 BR PARKSIDE P4-PARKSIDE DUPLEX ATTACHED DUPLEX[1 count] [4 count] Buildings 43 0 III.D. Building elements: �/' • III.D.1. Foundation/basement _ Today: All Bungalow and Farmhouse units have the potential for r insulated unfinished basements. A basement provides storage and - utility space and has a secondary egress window and areaway. Other buildings have a concrete slab on grade, and in conditioned units, the slab is insulated. Foundation walls are not exposed more than 18" above grade. Window wells for natural light and egress Future: No future foundation may be exposed more than 18" above ' �y''<'vv ��" grade.Any foundation walls shall be of reinforced concrete. Basements may be finished to expand living space in accordance with the building code, but they may not be converted into an independent unit. III.D.2. Walls I I I I I I^ Today: Exterior walls are sided and trimmed with a low-maintenance ` chemically-inert material, such as fiber-cement or poly-ash siding. Exterior structural wood is always clad. There are several types of siding, including shiplap and board-and-batten, as well as various Clean lines and simple forms board widths and a wide range of colors to provide visual interest and appropriate scale and visual texture within an overall unified setting. Surface texture is smooth. Siding of different types or colors are joined with a trim board. Door and window openings are framed with 4" trim. Trim, doors, or windows are either factory-finished or painted. The • Bridger View palette of siding and trim colors has been selected from the Northeast neighborhood. 1 Future: Any future additions must have the same siding, trim, windows, �f and doors, as the original house. Vinyl is not to be used, nor is artificial stone, stucco, aluminum siding, or logs. Any structural wood is to be Siding and color variety clad and detailed in the same manner as the original. III.D.3. Windows Today: Windows are a key element in both the architectural character and the livability of Bridger View. They are an integral part of the traditional yet simple house types. A limited number of window shapes and types helps unify the development as well as contribute to its lower construction cost and ease of long-term maintenance. High- performance windows are clad-wood or fiberglass. Window muntins are intended to appear to be true divided lights. Future: Any future replacement windows must be of the same type and size as the original. Exterior simulated divided lites (SDL) are acceptable. Mirrored glass is not permitted. Canvas awnings are permitted and shall be square cut without side panels. False shutters are not permitted. 44 Bridger View Design Guidelines — AIL i _ ( � =ZZ4 High performance windows Single and doubled window configurations Vertical-oriented windows.Bozeman,MT NINE - 4ib 14 .l Colorful door with high glass lite Simple,simgle-panel transom Entry door,trim and transom.Bozeman,MT �J III.D.4. Doors ' Today: Front doors are flat-paneled "Shaker-style" with high panes of glass. A clear fixed transom window to match is set above the door and trimmed with the door. Doors opening onto private yards have glass half-lites. Solid doors are insulated comparable to windows. Simple compatible storm/screen doors will be installed. Exterior French doors are of the same style with full glass, divided into 2x4 panes. Garage doors are 9' wide and 9' high overhead doors with automatic closers. They are made of steel or fiberglass and paneled like other doors. The color of garage doors matches the door trim or a close variant of the siding color. Future: Any future replacement or added doors must be of the same types and performance. Exterior simulated divided lites (SDL)'are acceptable. Buildings 45 t 4 1 .v III.D.5. Roofs • Today: Building roofs are pitched roofs with continuous ventilation between eaves and ridges. Roof slopes vary from 10:12 to 12:12. - - The will have an architectural grade 30- ear roof or r min' y g y better (minimum 30% light reflectance). Garage roofs (4:12 or 8:12) and porch roofs W L (4:12) have comaptible roofing. Exposed flashing is a color that blends with the roofing. Roofing may include standing seam metal or high- quality shingles. Gutters and downspouts are aluminum and match the siding or trim behind them. Future: Added roofs may be either the same roofing as the original v building or standing-seam metal roofing. New roofs must match existing p ; roofs in shape and detail. Boxed soffits are not permitted. Metal or 4' vinyl soffits or fascia are not permitted. Low-profile solar panels are encouraged, preferably mounted flat against roof. Skylights may be Overhanging roof eaves included on new roofs but must be low-profile. I I I.D.6. Eaves Today: Overhanging roof eaves and gable rakes extend 12-24 inches from the building face. The underside of eaves is constructed of the same material as the siding trim. Eaves provide intake ventilation for the roof. Roof fascia are two-piece and constructed of the material • used for siding trim. Rafter tails and brackets are used for character. Future: Any new roof eaves must match existing. III.D.7. Dormers and Bays Today: Dormers and bays are a part of the house styles at Bridger View. On the exterior, they add to its architectural character, and on the interior they add livable space. The exterior materials of dormers and bays match the house they're attached to. The pitch of shed dormer roofs and bay roofs is approximately 3:12. The siding, windows, and trim detailing are consistent with the house. Roof eaves on bays project 12". Future: Any future dormers or bays shall be consistent with size, character, and location of existing dormers and bays as described above. III.D.8. Chimneys and Roof Vents Today: Houses have no chimneys. Furnaces and water heaters are electric with direct venting. Plumbing and exhaust vents are located in back sections of roofs and painted the same color as the roofing. 46 Bridger View Design Guidelines t+ V \ v � t SIVI Nis Shed dormer. Square bay window Shed roof porch Future: No open combustion is permitted in the units. No chimneys may be added. Any protrusions through roof shall occur only on back sections of roofs. No mechanical or other equipment shall be mounted • on a roof. Any exterior antenna, satellite receiver, or aerial shall be located in a back yard and shall be screened from public view. There shall be no more than one such piece of equipment attached to any house. III.D.9. Porches Today: Each house has one or two porches facing public spaces. They are typically 9' deep and 16-20' wide. The porch roofs are a simple shed shape, and porches that wrap the corner have a compound shed shape. The eaves, trim, and detailing match the house in materials and colors. With the exception of porches along Blue Silos Way, the porches are within 18" of grade and do not require railings. Porches are supported on concrete piers. Required railings are simple square pickets between rails. Porch floors are made of tight-fitting boards compatible with the material of the house, such as composite floor boards with HDPE (eg, Lumberock). The porch floor is edged with a fascia board and skirting board as needed in front of and attached to the concrete piers to enclose the space below the porch. Porch steps are constructed of the porch flooring material and are supported on concrete walk and stringers. Balcony porches facing the park on the Parkside buildings are detailed like front porches, with construction detailing adapted to their location. Buildings 47 Future: Porches and porch roofs may not be reduced or eliminated. -- - ~ � � • Porches may not be enclosed. Decking is not acceptable for porch �— flooring replacement. Existing railings may be replaced. Railings as noted above may be added to porch stairs. ". III.D.10. Decks and patios �k-s Today: Back yard concrete parking patios are scored in a simple 2' x 2' pattern. ! ' Future: Homeowners may add decks in back yards at first floor elevation or lower provided that their and is full fenced. An added paving must P Y Y Y P 9 be permeable. No paving is permitted in stormwater infiltration areas. Scored concrete driveway doubles as patio III.D.11. House lighting Today: All exterior lighting is Dark Sky compliant. Front porch lighting ' serves to provide a pleasant and comfortable nighttime ambience for , common walks and spaces. Backyard lighting is mounted on house or garage. All fixtures are LED. Future: No floodlighting or non-Dark Sky-compliant fixtures may be Porch lighting added. Exterior lighting must be LED. No lighting shall intrude on the JI use or enjoyment of adjacent properties. III.D.12. House Numbers and Signs • Today: House numbers are 3 high black metal numbers on a black- framed light-color address board. They are mounted next to the front door. They are code-compliant. Future: House number plates may be replaced in the future. No signs may be affixed to any house. All signage must comply with Bozeman's land use regulations. House numbers Changes to the Design Guidelines These Design Guidelines may be amended by the Bridger View Homeowners Association, according to the procedures stated in the Master Declaration for the Bridger View Owners Association. 48 Bridger View Design Guidelines 4 • 1 • Buildings 49 �s 0 s APPENDIX A e PUD RELAXATIONS � Background In compact development, the visible and invisible pieces that make up a neighborhood all need to be carefully coordinated and proportionally scaled down. This often results in the need to request relaxations from zoning code and subdivision standards. As stated in Section 38.430.030 of the Bozeman Unified Development Code: "...the review authority may grant deviations, above or below minimum or maximum standards respectively as established in this chapter, including the complete exemption from a particular standard." Section 38.250.010.A.4 and 5 further describe the intent of PUD relaxations: "To provide through deviations a procedure for flexibility, as a means to support creativity and excellence of design..." and to "provide through departures a procedure for applicants to propose alternative design treatments provided such departures meet the 'purpose' of the particular standard and any additional departure criteria set forth." The following relaxations are anticipated with this Planned Unit Development (PUD). These relaxations are all really part of one request—to decrease the scale of each of the essential components of a neighborhood. 'Relaxations Summary Table # UDC Section Title Quick Summary 1 38.310.030 Authorized To allow a new use "Common House" in the R3 zone • uses To allow"Shared Parking Facilities" in the R3 zone 2 38.320.030.A Minimum lot To allow smaller lots area 3 38.320.030.B Minimum lot To allow narrower lots width 4 38.320.030.0 Lot coverage & To allow increased lot coverages and decreased setbacks setbacks 5 38.350.050.A Encroachments Relaxation for setbacks also applies to architectural features, patios, decks, porches and ramps 6 38.360.030 Accessory Relaxation for setbacks also applies to accessory structures structures 7 38.360.210 & Useable open To allow all units (attached, detached and vertical duplex condos) 240 space to be subject to the townhouse individual open space standard 8 38.400.050 Street right-of- To allow PUD to have internal streets (less than 60 feet with way width and alternative designs)that are dedicated for public use owned and construction maintained by the Owner's Association standards 9 38.400.090 Access To allow certain lots that do not include direct vehicular access but instead have access guaranteed by a series of interconnected public access easements, open space and rights-of-way and to allow other lots to have unseparated drive accesses along property lines. 10 1 38.400.100 Street vision To allow the woonerf intersections to maintain the 10-foot/10- triangles foot/1 5-foot street vision triangle 50 Bridger View Design Guidelines .ti ra • • b Relaxations Summary Table Continued # UDC Section Title Quick Summary 11 38.410.040 Blocks To allow an alternative block design with 4' sidewalks as pedestrian breaks in corridors less than 30' in width and without 15' setbacks 12 38.410.040.E Lot numbering To allow more logical lot numbering based on the unique block configuration. Note this is not an essential project relaxation but is included to help future residents and the City with tracking. 13 38.410.060.B Private Utility To allow a very specific configuration of easements for private Easements utilities 14 38.410.060.0 Public Utility To allow a very specific configuration of easements for public Easements utilities 15 38.420.060.A Park Frontage To allow a public sidewalk and building fronts to face the park rather than a road 16 38.520.040 Sidewalk Width To allow certain sidewalks to be 4'wide 17 38.540.050 Parking While the total number of parking spaces exceeds the code requirements, this relaxation is to allow a very specific parking plan comprised of driveway spaces, remote spaces, flex spaces, visitor s aces, and on streets aces E,38.570 38.550 Landsca a To allow an alternative landsca a Ian Lighting To allow an alternative lighting Ian • f i • Appendix A 51 1 r� APPENDIX B - PUD PERFORMANCE � POINT CALCULATIONS Background Planned Unit Development (PUD) performance points provide a roadmap for exemplary projects to advance community objectives. Bridger View Redevelopment incorporates all applicable PUD point categories and provides over triple the requirement of 20 performance points. In some cases, the neighborhood is not eligible for points even though it incorporates significant elements of the category. i Quick Guide # Category Points Notes a Affordable Housing NA 26 "Missing Middle" homes with permanence of affordability not eligible for PUD points. b Additional Open Space 22.5 18 percent publicly accessible open space x 1.25 points = 22.5. c Adaptive Reuse of NA There are no existing buildings on site. Historic Buildings d Underutilized Site 1 Infill site is currently vacant. 40 trailers were removed in 2006 and 62 units are proposed = 1 point. e LEED-ND 0 The project is designed to meet LEED v4 ND [Built Project] as • evidenced by the attached scorecard-and letter from our sustainability consultant. No points are being requested at this time because the actual certification would not occur until after 100% of the units are complete and within 3 years of completion. f Low Impact 6 See drawing set and Design Guidelines for specifics related to Development Plan stormwater and vegetation. g Sustainable Design & 0 While the project is committed to high performance sustainable Construction buildings, specific certifications to be pursued are not yet finalized. h Wayfinding NA Wayfinding is incorporated but site is less than 30 acres making it ineligible for PUD points. i Transfer Station 0 Common recycling stations are incorporated; not eligible for points because not a transfer station. j Bus Stop 0 Appropriate bus stop location to be determined as a result of ongoing Streamline route study. k Streetscape 6 Hillside Lane + Hillside Green + Hillside Grove. See Landscape Improvements Plans. TOTAL = 35.5 Performance Points • 52 Bridger View Design Guidelines j6 • Append.x B 53 BRIDGER VIEW redevelopment Bridger View Design Guidelines 4 6 � NOV A s zot] DEPARTNIEIVT OF cem���? BRIDGER VIEW redevelopment Section 10 . a Lot Plans Set Bound as Seperate Volume HRDC • BRIDGER VIEW redevelopment Section 10 . b Covenants, Bylaws & Articles of Incorporation Bridger View Redevelopment Preliminary Planned Unit Development Application H R DC • • • 10.b Legal Documents Background The legal documents provided contain the Covenants, Conditions and Restrictions (CC&Rs) that are the rules of the Bridger View Redevelopment (BVR) neighborhood. They are currently in Preliminary PUD/Plat form, and may undergo amendments to meet City requirements, or to clarify particular clauses included. The documents describe the requirements of and limitations on what owners can do with their property and the property owned in common, and how properties will be maintained. These legal documents include: • Master Declaration (CCBRs) for Homeowner's Association • Articles of Incorporation (State Incorporation of not for profit homeowner's association (HOA) corporation) • Bylaws When combined with the Design Guidelines, these documents provide owners with clear guidance regarding their rights, responsibilities and limitations for their property. • Goals of Governing documents The governing documents seek to preserve neighborhood quality, character and livability fcr residents with a thorough description of maintenance standards, accessibility and easements, usage and assessments. As components of this neighborhood evolve through the development process, this Preliminary PUD/Plat version will be updated for consistency and clarity. Clear standards are provided for maintaining individual homes. The Owner's Association is responsible for maintaining the streets (with the exception of Hillside Lane), commonly owned open space, parking areas, the Common House, common open spaces, sidewalks, trash and recycling areas, and all other commonly owned elements. Maintenance for these areas (snow removal, lawn care, etc) will be paid for from assessments collected from owners. Easements are identified on the plat to allow for access to individual lots and maintenance. The plat also notes those areas where conditional public access easements are proposed. Distinctions are also made for common facilities that can be assigned to and used exclusively by an individual owner (such as parking), and those that are designated for the common use by all owners (Common House, courtyards). 4 • NOV052 j 019 J 10.b Legal Documents { DEiaAi3 fh�1. !11 OF I Bridger View 0-YE-lt�PPrIF,�ni i PUDP Application �_ . T _..Y �.l ., , • �I \ After recording, return to: • Human Resource Development Council of District IX, Inc. 32 South Tracy Avenue "I Bozeman, Montana 59715f I I DECLARATION FOR THE BRIDGER VIEW REDEVELOPMENT PROJECT This Declaration for the Bridger View Redevelopment Neighborhood (the"Declaration") is dated , 2019 (the "Declaration Date"), and is made by Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation (the"Declarant"). This Declaration affects the real property described on Exhibit A and depicted on the plat attached as Exhibit B(that real property,the "Property";that plat,the "Plat"; each lot on the Plat, a "Lot";the part of the Property comprising land,the "Land";the part of the Property comprising buildings, each, a "Building"; the part of the Property comprising Buildings and other improvements,the "Improvements").The Declarant is developing a residential housing project on the Real Property it calls the Bridger View Redevelopment Neighborhood and which is depicted on the site plan attached Exhibit C(that project,the "Project";the site plan,the "Site Plan").The Project is a planned unit development under the Montana Subdivision and Platting Act and consists of residential clusters built in a in a prearranged relationship to each other as the Plat and Site Plan depict (each residential dwelling on the Property, a "Home";the owner of a Home, whether the Home has one or more Owners, an "Owner"). The Homes will consist of those the Plat describes and the Site Plan shows as: (1)townhomes (each, together with the Lot on which the Home is located, a "Townhome"; (2) condominium units(that part of • the Project,the "Condominium Project"; each of those Homes, a "Condominium Unit";the instrument creating the Condominium Units,the "Condominium Declaration"); and (3) single-household residential (each,together the Lot on which the Home is located, a "House").The Declarant is making this Declaration to bring the Project under a uniform scheme. Article 1: Project Structure 1.1 General Declaration.The Declarant hereby declares that the Property is subject to this Declaration.The Project is a common-interest community with interdependent relationships and this Declaration regulates the development and use of the Property under a uniform scheme of servitudes to further the Project and protect the value,viability, and desirability of the Property for the mutual'and direct benefit of the Property and the Owners. 1.2 Run with Land.This Declaration and the servitudes consisting of the covenants,conditions, restrictions, equitable servitudes, negative easements, and easements it creates: (1) are appurtenant to, and burden and benefit the Property; (2) bind successive Owners; and (3) run with the Property and are transferred with and included in the sale, conveyance,or transfer of a Home, regardless of whether the instrument transferring the Home mentions them or not (a sale, conveyance, or transfer of a Home, whether voluntary, by court order, by operation of law, or otherwise, a "Transfer"; the transferee under a Transfer,the "Transferee";the transferor under a Transfer, regardless of whether the Owner or another party with the power and authority to Transfer the Home is making the Transfer,the "Transferor";the instrument that accomplishes the Transfer, regardless of the title of the Transfer • instrument, a "Deed"). 1 • • • 1.3 Transfers. A Transfer occurs upon recording the Deed in the records of the office of the Gallatin County Clerk and Recorder, regardless of who records the Deed (that office,the "Recording Office"). When the Transfer occurs, and regardless of whether the Transferee signs the Deed or not,the Transferee: (1) accepts the Deed; (2) becomes an Owner; (3) becomes bound by this Declaration; and (4) makes the acknowledgements this Declaration says the Owner makes. If any issue arises between a Transferor and a Transferee about a Transfer,those parties shall resolve it between one another and pending that resolution,the Transferee is the Owner for purposes of this Declaration. No Owner may avoid the Owner's obligations under this Declaration: (1) regardless of the form in which the Owner owns the Home; or(2) by nonuse,waiver, abandonment, withdrawal, or otherwise.A Transfer does not relieve the Transferor from liability under this Declaration for matters or obligations occurring when the Transferor was an Owner. 1.4 Ownership. As of the Declaration Date,the Declarant owns the Property. Owners can own Homes in any form of ownership Montana law allows. 1.5 Mortgages.The Owner may allow lenders to encumber the Owner's Home with a mortgage, trust indenture, or similar lien instrument (each, a "Mortgage";the mortgagee, beneficiary or secured party under a Mortgage, a "Mortgagee";the Mortgage with the highest priority lien position on a Home that one or more Mortgages encumber, a "Priority Mortgage";the holder of a Priority Mortgage, a "Priority Mortgagee"). A Mortgagee is not an Owner but may become one if it is the Transferee under a Deed recorded with the Recording Office. If there is a purchaser of a Home under an installment contract, contract for deed, land contract, or other similar instrument(each, a "Land Contract"),then for this Declaration and upon recording the Land Contract with the Recording Office the purchaser is the • Owner,the Land Contract is a Mortgage, and the seller is a Mortgagee. 1.6 Associations.The Declarant created the Bridger View Owners Association, a Montana nonprofit corporation (the "Association") by filing the Association's articles of incorporation with the office of the Montana Secretary of State (those articles of incorporation,the"Articles"; the Association's board of directors,the "Board"; a director on the Board, a "Director"; each Board officer, an "Officer").The Association is a mutual benefit corporation with members and its members are the Owners (the "Members";the rights and obligations a Member has as a Member, a "Membership").The Association is the organizational form this Declaration adopts as the mechanism through which the Owners will act in a group as Members of the Association to govern,operate, regulate, and administer the Project as Members(those activities,the "Association Purpose").The Declarant recorded the Association's bylaws in the records of the Recording Office concurrently with recording this Declaration (the "Bylaws").The Association may engage and pay a manager as the Act allows to administer and manage day-to-day Project operations (the "Manager").The Manager shall act under the Board's oversight and with the authority the Board delegates as it determines in its discretion.To govern, operate, regulate, and administer the components of the Project specific to the Condominium Project,the Declarant created the association of Condominium Unit owners the Condominium Declaration describes. 1.7 Compliance.The ownership of a Home is subject and subordinate to, and each Owner shall follow (these instruments,the "Governing Documents"): (1)this Declaration; (2)the rules, policies, and regulations for the use, operation, maintenance, and other aspects of the Project the Declarant or the Association adopts(the "Regulations"); (3)the Articles and Bylaws; (4)the restrictions and conditions in • the Deed; (5) all matters, covenants, conditions, and restrictions the Plat reflects or which the applicable governmental bodies otherwise require the Project to meet as a condition of approving the Project as a planned unit development; (6)these parts of the Declarant's planned unit development application for 2 • • the Property: (i)the parking plan (the "Parking Plan"), (ii)the waste disposal plan (the"Waste Disposal • Plan"), and (iii)the design, architectural, and landscaping guidelines (the "Design Guidelines"); and (7) other covenants, conditions, or restrictions affecting the Property.The Governing Documents govern the operation of the Project and determine the rights and obligations of the Owners and the Association.The Condominium Declaration is a Governing Document applicable to the Condominium Project, Condominium Units, and the Condominium Unit Owners, but not the other parts of the Project or the other Owners.The Condominium Declaration is subordinate to this Declaration and the Condominium Units are subject to both this Declaration and the Condominium Declaration. Each Owner shall cause the occupants of the Home and the guests,visitors, invitees,tenants,and licensees of the Owner and those of the Home's occupants to follow the Governing Documents (those parties collectively,together with the Owner,the "Owner Parties").The Association will adopt fine schedules for violations of that Regulations (the "Fine Schedule";the fines, penalties, and late fees in a Fine Schedule, "Fines"). If an Owner violates a Governing Document,the Association may pursue remedies and may exercise them concurrently, alternatively, or cumulatively. If the Association elects not to pursue a violation, any Owner or Owners may do so. Article 2: Development Period 2.1 Development Period.The Declarant shall have complete control of the Project until it Transfers all the Homes (the time from the Declaration Date until that occurs,the "Development Period").That control is necessary to protect the Declarant's interests in completing the Project and making Transfers. The Owner acknowledges the Development Period is a reasonable amount of time for the Declarant to protect those interests. In determining the Development Period,Transfers to an entity or entities in which the Declarant is a member of or has a direct or indirect ownership interest in do not constitute a • Transfer. 2.2 Control. During the Development Period,the Declarant shall have (the following rights and powers,the "Declarant Powers"): (1) control of developing the Project; (2)the power, authority, rights, and obligations this Declaration gives to the Association or the Declarant; (3)the right to enforce the Declarations and the Regulations in the same manner as the Association; and (4)the right to establish servitudes consistent with the nature, development,theme, or purpose of the Project.The Declarant may exercise the Declarant Powers without the consent of the Association or the Owners, and the Declarant Powers belong exclusively to the Declarant during the Development Period, which will exercise them in its capacity as the Declarant, not for or on behalf of the Association. Until the Development Period ends: (1)the Association will operate during the Development Period, but it has no power to act under this Declaration unless the Declarant delegates the authority to the Association enabling it to do so; (2)the Association will act in accordance with the Governing Documents, but only to the extent doing so follows and does not usurp the Declarant's right to exercise the Declarant Powers; and (3)the Declarant may engage a manager either directly or through the Association to administer and manage the day-to-day operations of the Project.The Declarant Powers under the sections with the descriptive headings Modifying Regulations, Modifying Declarations, and Modifications are non-delegable and regardless of the authority the Declarant delegates to the Association or the manager during the Development Period,the Declarant retains those Declarant Powers for the entire Development Period. If the Declarant delegates authority to the Association or the manager during the Development Period,the Declarant may rescind or change that authority. Once the Development Period ends, or sooner with the written consent of the Declarant: (1)the Association shall thereafter the fulfill the Association's obligations under the Declaration; and (2)the Declarant will have no further • obligations under the Declaration, other than those it has as an Owner. r 3 • 2.3 No Representations.The Owner acknowledges that the Declarant, nor anyone acting or purporting to act on the Declarant's behalf, made representations or warranties to the Owner about the Project,the Property, or the Home. If the Declarant is the Transferor, representations or warranties from the Declarant to the Transferee, if any, are in (the following documents,the "Transfer Instruments"): (1)the sale and purchase agreement for the Home; (2)the Deed; or(3) both documents. The Transfer Instruments are independent from this Declaration and the Declarant's violation of the: (1) Transfer Instruments does not violate the Governing Documents; and (2) Governing Documents does not violate the Transfer Instruments. Article 3: Property Components 3.1 Common Properties.The Property consists of the Land,the Improvements, and that which is incidental or appurtenant to the Land.The parts of the Property in common ownership consist of: (1) the common elements of the Condominium Project the Condominium Declaration describes (the "Condominium Common Elements";the undivided interest in the Condominium Common Elements appurtenant to a Condominium Unit,the "Common Elements Interest"); and (2)excluding the Condominium Common Elements, the parts of the Property the Plat and Site Plan show as Improvements in common ownership or use, Land in common ownership or use, and Land designated as open space (the "Common Properties"; an Owner's undivided interest in the Common Properties, a "Common Properties Interest").The only parts of the Property in common ownership are the Condominium Common Elements and the Common Properties. Common Properties are not Condominium Common Elements and Condominium Common Elements are not Common Properties. • Each House includes the Common Properties Interest appurtenant to it.A Condominium Unit includes both the Common Properties Interest appurtenant to it and the Common Elements Interest appurtenant it.The Home and the Common Properties Interest appurtenant to it are inseparable from one another. The Common Properties Interests shall remain undivided and no Owner or Owners may partition or subdivide the Common Properties. 3.2 Reservation of Use.Through this Declaration,the Declarant reserves the Common Properties for the exclusive use and enjoyment of the Owners,who shall use them in common with one another, but that use: (1) is subject to this Declaration; (2) shall be consistent with the function the Common Properties customarily serve; and (3)shall not unreasonably obstruct the rights of the other Owners to use and enjoy the Common Properties, and their Homes. 3.3 Percentages.The percentage of each Owner's Common Properties Interest is: (1) equal and shall remain equal; and (2)determined by applying the formula [X/Y],where for this formula X equals one, and Y equals the total number of Homes (the"Project Percentage"). 3.4 Boundaries.The boundary(each, a "Boundary"): (1) of a Townhome is the perimeter of the Lot of which the Townhome is a part; (2) of a Condominium Unit is the boundary the Condominium Declaration describes; and (3) of a House is the perimeter of the Lot of which the House is a part. 3.5 No Further Subdivision. Unless the Declarant does so under the Declarant Powers, no Owner or Owners shall: (1)subdivide any Lot; or(2)cause the subdivision or partition of any Lot. • Article 4: Easements 4 4.1 Common Properties Easements.The Declarant reserves, and this Declaration creates a nonexclusive easement in favor of and for the benefit of each Owner to use and enjoy the Common Properties, including the rights of ingress and egress.The Owners shall exercise their easement rights under the preceding sentence in compliance with the Governing Documents.The Declarant reserves, and this Declaration gives,the Association the right to grant nonexclusive easements to others in,to, upon, across, above, and under the Property any reason the Association considers reasonable and for the benefit of the Owners or the Project. 4.2 Maintenance Easement.The Declarant reserves, and this Declaration creates, a nonexclusive easement for the benefit of: (1)the Owners and the Project in favor of the Association to maintain, repair, replace, and reconstruct the Common Properties as this Declaration requires; and (2)the Condominium Unit Owners and the Condominium Project in favor of the Condominium Association to maintain, repair, replace, and reconstruct the Condominium Common Elements as this Declaration and the Condominium Declaration require. 4.3 Utilities Easement. Electrical,gas,telephone, water, sanitary sewer, communications, and other utility lines may penetrate a Boundary(the "Lines"). Lines serving only one Home are appurtenant to that Home only and not Common Properties, and all other Lines are appurtenant to the Project and part of the Common Properties.The Declarant reserves, and this Declaration creates, a nonexclusive upon, across, above, and under the Property in favor of: (1)the Association to access, inspect, install, repair, maintain, and replace Lines for the benefit of the Owners or the Project; and (2)the Condominium Association to access, inspect, install, repair, maintain, and replace Lines for the benefit of the Condominium Unit Owners or the Condominium Project.The Owners,the Association, and the Condominium Association shall attempt to install, repair, maintain, and replace Lines in a manner that • does not unreasonably interfere with an Owner's use and enjoyment of the Owner's Home. 4.4 Encroachment Easements. If Common Properties or Condominium Common Elements encroach upon a Home, the Declarant reserves, and this Declaration creates an easement in favor of and for the benefit of the Owners and the Project: (1)for the encroachment; (2)for the Association to access, maintain, repair, and replace the encroaching Common Properties; and (3)for the Condominium association to access, maintain, repair, and replace the encroaching Condominium Common Elements. 4.5 Right of Entry.The Association may enter Homes in the case of an emergency to engage in activity intended to mitigate the emergency. Article 5:Townhomes 5.1 Townhomes.This Article address the following Townhome components: (1)the common wall or walls Townhomes share that separate adjoining Townhomes from one another(a "Party Wall"); and (2) the roof two or more Townhomes share (excluding the interior ceilings of the Townhomes, a "Townhome Roof"). Party Walls and Townhome Roofs are not Common Properties. 5.2 Party Walls.A Party Wall consists of two the sections an imaginary vertical plane running through the center of the interior of the entire length of the Party Wall would create (each section a "Party Wall Section").The vertical plane creating a Party Wall Section extends: (1) lengthwise to the point it intersects with the exterior walls of the Townhome; (2) downward to the point it intersects with the foundation of the Townhome; and (3) upward to the point it intersects with the Townhome Roof • (that point,the "Roofline").The Owner owns the Party Wall Section connected to walls of that Owner's 5 • • • Home and that Party Wall Section is part of that Home. 5.3 Townhome Roof.A Townhome Roof consists of the sections of the Townhome Roof divided by the Roofline or Rooflines (each section a "Roof Section").The Owner owns the Roof Section connected to the walls of Owner's Home and that Roof Section is part of that Home. 5.4 Support Easement.Townhomes receive structural from the Party Wall and Townhome Roof. The Declarant reserves, and this Declaration creates, a nonexclusive reciprocal easement of structural support for Party Walls and Townhome Roofs for the benefit of the Owners sharing those Party Walls and Townhome Roofs and their Townhomes (Owners that share a Party Wall or Townhome Roof with one another, "Townhome Parties"). 5.5 Townhome Encroachment Easements. If a Party Wall Section encroaches on a Townhome,the Declarant reserves, and this Declaration creates, an easement in favor of and for the benefit of the encroaching Townhome Owner and encroaching Townhome for the encroachment. If a Roof Section encroaches on a Townhome,the Declarant reserves, and this Declaration creates, an easement in favor of and for the benefit of the encroaching Townhome Owner and encroaching Townhome for the encroachment. 5.6 Party Wall and Roof Maintenance. Aside from the other maintenance obligations the Townhome Owners have under the Governing Documents, each Townhome Owner shall keep that Townhome Owner's Party Wall Section and Roof Section in good order, condition, and repair and is responsible for paying the expenses to do so(those matters, "Townhome Maintenance"). If the • Townhome Parties cannot agree on who is responsible to perform or pay for an aspect of the Townhome Maintenance,the Association shall make that determination.The Declarant reserves, and this Declaration creates, nonexclusive cross-easements in favor of and for the benefit of the Townhome Parties and their Townhomes to access the other Townhome Party's Townhome to perform Townhome Maintenance. If the Townhome Parties cannot agree on the scope,timing, length or other aspects of that access,the Association shall make that determination and do so with the intent of attempting to ensure the access will be made in a manner intended not to unreasonably interfere with a Townhome Owner's use and enjoyment of the Townhome Owner's Townhome. 5.7 Party Wall and Roof Alterations.The Townhome Owner may paint,tile, paper, and otherwise maintain, refinish, and decorate that Townhome Owner's Party Wall Section. Regarding altering, reconstructing, or replacing a Party Wall,Townhome Roof, or any part of either(that activity, an "Alteration"; Alterations the Governing Documents require a Townhome Owner to make, "Required Alterations"; all other Alterations, "Optional Alterations"): (1)for Required Alterations,the Townhome Owner must make and pay for them as the Governing Documents require; and (2)for Optional Alterations,the Townhome Owner must: (i) obtain consent from the Association and the other Townhome Party, and (ii) make them in accordance with the Governing Documents. If there is a dispute about whether an Alteration is a Required Alteration or an Optional Alteration,the Association shall make that determination. Except for Alterations made in accordance with this section,the Townhome Owner shall not do anything that affects the structural integrity of the Party Wall or the Townhome Roof.The Declarant reserves, and this Declaration creates, nonexclusive cross-easements in favor of and for the benefit of the Townhome Parties and their Townhomes to access the other Townhome Party's Townhome to perform Alterations. If the Townhome Parties cannot agree on the scope,timing, length or other aspects of that access,the Association shall make that determination and do so with the intent of attempting to ensure the access will be made in a manner intended not to unreasonably interfere 6 with a Townhome Owner's use and enjoyment of the Townhome Owner's Townhome. Article 6: Leasing 6.1 Community Land Trust. If the Owner of a Home is a community land trust, as defined under the Montana Unit Ownership Act, it may lease the Home under long-term ground leases and doing so constitutes a Transfer(each, a "Ground Lease"; a Home subject to a Ground Lease, a "CLT Home";the lessee under a Ground Lease, a "CLT Homeowner";the lessor under a Ground Lease,the "Ground Lessor"). During the term of the Ground Lease the CLT Homeowner: (1) is bound by this Declaration; and (2) is a Member.The Ground Lessor is an intended third-party beneficiary of this Declaration,and if a CLT Homeowner or the Association violate the Governing Documents,the Ground Lessor may pursue all remedies available whether the Association or any aggrieved Owner or Owners are pursing the violation or not. 6.2 Leasing. Except for Ground Leases,this Declaration regulates the rental, lease, sublease, lodging, and license of all or any part of the Home,whether nightly, weekly,or otherwise, and whether the Owner receives or does not receive consideration (collectively, any such activity, a "Lease";the tenant under the Lease,the "Tenant";the lessor under the Lease,the "Landlord").An Owner may Lease the Owner's Home, but only if the Lease does not cause 50%or more of the Homes to be subject to a Lease (the "Lease Threshold"). Ground Leases will not count toward the Leasehold, but subleases a Ground Lease permits do apply.A Lease that causes the Project to violate the Lease Threshold is void. If an Owner wants to enter a Lease (a "Proposed Lease"),the Owner shall make a request to the Association and provide the Association with information about the Proposed Lease the Association requests.The Association shall keep a list of Leases to ensure Proposed Leases will not violate the Lease Threshold. If • the Proposed Lease will: (1) not violate the Lease Threshold,the Association will approve it; or(2)violate the Lease Threshold,the Association will deny it.The Association: (1) shall manage Proposed Leases on a first-come first-served priority basis; and (2) may adopt Regulations for the Leases, including Regulations limiting the length of Lease terms. When the Association approves a Lease,the Lease is subject and subordinate to the Declarations and that approval does not equate to the Landlord or the Tenant filing the Lease with the presiding officer an Association (a "Lease Filing"). Unless the Landlord or the Tenant makes a Lease Filing with the Association,the Association need not recognize the Tenant as the Owner or for any other purpose. No Landlord or Tenant may make a Lease Filing without Association approval. If the Association approves a Lease Filing: (1) it will treat the Tenant as the Owner during the Lease term; and (2)the Landlord and the Tenant are jointly and severally liable for the obligations an Owner has under this Declaration. 6.3 Lease Termination. If any Owner Parties do not follow the Governing Documents,then regardless of what the Lease states the Association may: (1)terminate the Lease itself and evict the Tenant (a "Lease Termination"); or(2) direct the Landlord to terminate the Lease and the Landlord shall terminate it and evict the Tenant.The Landlord designates the Association as the Landlord's agent to act in the Landlord's place to carry out a Lease Termination and grants the Association the power and authority to do so, including to make releases and start or defend judicial, non-judicial, administrative, or arbitration actions, suits, claims, investigations, or proceedings (each, a "Proceeding") relating thereto. Because the Association has an interest in the Lease Termination,the Landlord acknowledges power of attorney in the immediately preceding sentence is coupled with an interest. It follows that in addition to any other consequences under the Laws,that power of attorney is irrevocable and will survive the Landlord's death or incompetence.The Landlord shall indemnify the Association,the Board, the Officers (collectively,the "Association Parties"),the Manager, and the Declarant for damages, 7 • • • claims, injuries, or losses(collectively, "Losses") any of them incur arising from or relating to a Lease Termination, including for filing fees, court costs, arbitration fees,witness fees, and attorneys' and other professionals'fees and disbursements any of them incur in a Proceeding (collectively,the "Legal Expenses"). Because the Lease is subject and subordinate to this Declaration, by entering the Lease the Tenant acknowledges: (1) it has no cause of action against the Association for matters arising from or relating to a Lease Termination; and (2) shall pursue such claims against the Landlord.The Association has no obligation carry out a Lease Termination, but it may do so, and if it does,the Landlord shall pay for the Legal Expenses the Association incurs. Article 7: Use 7.1 Use.The Owner shall: (1) use the Home for residential purposes only; and (2) not engage in activity in the Home that diminishes the residential character of the Project. In owning and using the Home,the Owner shall: (1) comply with all laws, statutes, codes, ordinances, orders, permits, licenses, rules, and regulations,whether local, state, or federal (the "Laws"); (2) use the Home so it does not cause harm to others or create a nuisance; and (3) not commit waste to or obstruct the Common Properties.The Board, in its reasonable discretion, shall determine whether a use is creating a nuisance or is creating an annoyance. In making that determination,the Board shall do so from the perspective of a reasonable person, and not from the perspective of an overly sensitive person. Creating a nuisance violates this Declaration but creating an annoyance does not. Nuisances include, but are not limited to: (1)these items migrating outside the Owner's Boundary(i) smoke and smoke odors, (ii)offensive, pungent, or obnoxious odors, and (iii) unreasonably loud or persistent noise; (2) unsanitary conditions in a Home that may attract or harbor insects, rodents, or disease; (3) engaging in activity that may or does • adversely affect the health or safety of others; (4) matters that unreasonably interfere with an Owner's use and enjoyment of the Home or the Common Properties; and (5)violating the other provisions of this Article.The Owner Parties shall smoke nowhere on the Property other than within the Boundary, except smoking within the Boundary is subject to the preceding sentence. 7.2 Parking and Vehicular Access. In developing the Project as a planned unit development with residential clusters, adopting the Parking Plan, and determining the level of vehicular access to the Homes,the Declarant did so with the deliberate intent of carefully regulating Project parking and vehicular access to the Homes. Regarding Project parking, the Owners shall follow the Parking Plan and cause the Owner Parties to follow it.As shown on the Plat and Site Plan,there is direct vehicular access to some of Homes and only non-vehicular access to others. For the Homes with only non-vehicular access: (1)the Owner Parties will access those Homes by foot, bicycle, or other non-motorized means through the Common Properties, Condominium Common Elements, or both; and (2)the Owners of those Homes acknowledge they will not have direct vehicular access to their Homes. 7.3 Waste Disposal.The Owners shall: (1)follow the Waste Disposal Plan and cause the Owner Parties to follow it; (2) not permit solid wastes, debris,junk, or other refuse to accumulate on the Lot. 7.4 Storage.The Owners shall not place or store personal property or other items on or in the Common Properties. 7.5 Displays. Except for the following items,the Owner shall not hang, display, attach, place,or affix • anything outside the Home's Boundary without the Association's consent (the "Permitted Displays"): (1) seasonal decorations, so long as the Owner promptly removes them after the applicable season; (2) signs identifying the Home's address, Owner, or both; (3) signs advocating the election, appointment, or 8 • • defeat of a candidate for public office or the passage or defeat of a ballot issue,so long as the Owner • promptly removes them after the election or the matter concludes; and (4) signs advertising that the Home is for sale.An Owner may place Permitted Displays within the Home's Boundary, but not on or within the Common Properties. 7.6 Animals. Owners shall not keep or allow animals in the Owner's Home, except that the Owner may keep cats or dogs(each, a "Pet"),so long as the number of Pets does not exceed two. Fish are not animals for purposes of this section.The Owner shall immediately remove waste the Owner's Pet leaves on or within the Common Properties or Condominium Common Elements and place the waste in: (1)the Owner's garbage receptacle; or(2) another waste receptacle that is part of the Common Properties. 7.7 Regulations.The Regulations apply to the matters in this article and other aspects of the Project.When the Association adopts Regulations and a Fine Schedule,those matters shall be (the following,the "Regulations Standard"): (1) reasonable and consistent with the rights and obligations this Declaration establishes; or(2) related to furthering a legitimate interest of the Project. When the Association adopts or changes the Regulations or Fine Schedule,the Association shall notify the Members about them and when they become effective. In Proceeding arising from or relating to a Regulation,the Fine Schedule, or a Fine: (1)the Association shall have the benefit of the legal presumption that the matter in question meets the Regulations Standard,which the Owner must then overcome with clear and convincing evidence that the Regulation, Fine Schedule, or Fine is not arbitrary and capricious; and (2) determining whether a matter in question meets the Regulations Standard shall be from the perspective of the Board, not from the perspective of the objecting Owner.The Owner acknowledges that in any such Proceeding,the Owner would want the court or other decision-making body to apply the principles in the preceding sentence and strictly construe them. • Article 8: Maintenance 8.1 Association Maintenance.The Association shall: (1) maintain, upkeep, repair, replace, and reconstruct the Common Properties; and (2) repair, replace, or reconstruct damage to the Common Properties.The Association, in performing its obligations under this section, shall ensure the Common Properties are safe, sound, attractive, and shall try to prevent the Common Properties from unnecessarily deteriorating.The Condominium Unit Owners and the Condominium Association shall maintain, upkeep, repair, replace, and reconstruct the Condominium Common Elements as the Condominium Declaration requires. 8.2 Alterations and Acquisition. With the approval of the Members,the Association has the right to: (1) make substantial alterations, improvements, and replacements to the Common Properties; and (2) acquire real property, either in the name of the Association, as part of the Common Properties, or both. 8.3 Owner Maintenance and Alterations.At the Owner's expense and in a reasonably timely fashion,the Owner shall: (1) regularly maintain and repair the Home; (2) as needed, make replacements to the Home; (3) keep the Home in a safe, sound, sanitary, and habitable condition; (4) promptly remove snow and ice from (i)the walkways and driveways within the Boundary, (ii)the entrances to the Home, and (iii)the walkways abutting the perimeter of the Owner's Lot; and (5) maintain the landscaping on the Owner's Lot and as the Design Guidelines otherwise require. If the Owner does not fulfill the Owner's obligations under this section,the Association has no obligation to do so but it may do so. If the • Association fulfills those obligations,the Owner shall pay for the expenses the Association incurs. 9 • Article 9:Association 9.1 Membership. Upon becoming an Owner,the Owner becomes Member and the Membership continues until a Transfer of the Owner's Home occurs.The Membership and the Home are inseparable from one another and a transfer of a Membership that does not occur with a Transfer is void. If a Home has co-owners, each of those co-owners is a Member, but may cast only one vote between them on matters about which Members may vote.The Association will have no Members other than the Owners. No Member may: (1)waive or disavow a Membership; (2) resign as a Member; or(3) pledge or encumber a Membership. No Member may enter a voting agreement with another Member about Association matters. 9.2 Bylaws.The Bylaws are the Association's internal governance rules for regulating and managing Association affairs. 9.3 Power.The Association has the power(the following,the "Project Powers"): (1)to operate, regulate, and administer the Project; (2)the Nonprofit Corporation Act gives a nonprofit corporation; (3) this Declaration gives the Association; and (4)to enforce the Governing Documents.The Association shall use the Project Powers: (1) reasonably; (2)to conduct its business and affairs to further the Association Purpose; (3) in a manner consistent with the Governing Documents; and (4)with the intent of treating Owners fairly.The Association shall exercise the Project Powers under the authority it receives through (the act of exercising Project Powers, an "Association Action"): (1) Member approval under the procedures the Bylaws require("Member Approval"); or(2) Board approval under the procedures the Bylaws require ("Board Approval"). If there is: (1) Member Approval for an Association Action,the Board shall carry it out; or(2) Board Approval for an Association Action,the Board shall cause the Officers,the Manager, or others to carry it out.The Association shall regulate and manage its affairs under the Board's direction and unless this Declaration or the Bylaws require Member Approval, the Association may take Association Action upon receipt of Board Approval.The matters requiring Member Approval are: (1) merging, selling, or consolidating the Association; (2) dissolving the Association or otherwise causing the Association to cease operations; and (3)those elsewhere in the Bylaws or the Declaration requiring Member Approval.The Owners take Association Action in their capacities as Members, not individually or collectively in their capacities as Owners. Only certain matters require approval from the Owners in their capacities as Owners (that approval, "Owner Approval").This Declaration and the Bylaws address the matters requiring Owner Approval and in addressing them they state the threshold of Owners necessary to achieve Owner Approval. If a Home has co-owners,the Owners that co-own the Home collectively count as one Owner in determining the Owner Approval threshold, and approval by one co-owner of a Home is the approval of all co-owners of the Home. 9.4 Board.The Board shall cause the Association to fulfill the following Association obligations: (1) perform the maintenance, upkeep, repair, replacement, and reconstruction of the Common Properties as this Declaration requires; (2) prepare and approve Association budgets and financial statements; (3) approve plans for the maintenance, upkeep, repair, replacement, and reconstruction of the Common Properties Elements; (4) make, charge, collect, manage, and disburse (i) assessments the Association makes (the"Assessments"), (ii)fees the association charges for services or for the use of the Common Properties (the "Fees"), and (iii) Fines the Association issues; (5)fulfill other obligations it has under this Declaration; and (6) enter contracts, opening bank accounts, and collecting and expending funds• consistent with the forgoing. 10 9.5 Association Statements.The Owner acknowledges that: (1)the Association, nor anyone acting • or purporting to act on the Association's behalf, makes any representations or warranties about the Project,the Property, or the Home; and (2) representations or warranties about the Project, if any, are in the Transfer Instruments and the Association is not a party to them. Article 10:Assessments 10.1 Power to Raise Funds. Part of the Project Powers include the Association's power to raise the funds for the Association to carry out its functions.The Association may raise those funds by levying Assessments against the Homes, charging Fees, or both. Fees must be related to the costs of providing the service, providing and maintaining the Common Properties, or the value of the use or service.To avoid a special Assessment if reserves and regular Assessments are insufficient,the Association may borrow money, but it may not assign future revenue or grant a security interest in the Common Properties to secure a loan without Member Approval. 10.2 Expenses.Through the Assessments, Fees, or both,the Owners shall pay the common expenses of the Project,which consist of(the "Common Expenses"): (1)the Manager's fees; (2) Association insurance premiums; (3)taxes the Association pays; (4)the cost of funding reasonable reserves; and (5)other expenses the Association incurs in fulfilling its obligations under the Governing Documents, enforcing the Governing Documents, and in conducting its affairs. By resolution at a Board meeting,the Board shall fund the Common Expenses by assessing the Owner's Project Percentage (the Owner's share of the assessment,the "Assessment Share").The Board may use estimates to determine Assessment Shares but makes no representation to the Owners about the accuracy of those estimates. If a Transfer occurs,the Transferee is jointly and severally liable with the Transferor for the Assessment Share owing at the time of the Transfer.The Common Expenses exclude any common expenses applicable to the Condominium Project, but not the other parts of the Project, and the Condominium Unit owners are responsible for them as the Condominium Declaration provides. 10.3 Individual Home Expenses. Certain matters are not Common Expenses, but expenses associated with or attributable to a specific Home or Owner(the"Individual Home Expenses"). Individual Home Expenses include: (1) Fines; (2) expenses the Association incurs in fulfilling obligations the Owner has but fails to fulfill; and (3) damages, claims, and losses the Association, other Owners,or the Project incur due to (i)the Owner's violation of the Governing Documents, or(ii)the negligence, breach, or misconduct of the Owner Parties. 10.4 Home Taxes.The Owner is responsible to pay, before they become delinquent, real estate taxes, assessments, and special improvement assessments a taxing authority makes directly against the Home (collectively,the "Taxes"). 10.5 Reserves.The Association shall set up,fund, and maintain the following reserves through the Assessment Share (the"Reserves"): (1) an operational reserve to meet at least 10%of the Association's annual budget; and (2) an insurance deductible reserve sufficient to fund the Association's insurance deductibles.The Association may fully fund the Reserves over the course of five years, or longer if the Board determines a longer time is reasonable. 10.6 Invoices.The Association shall collect the Assessment Share and Individual Owner Expenses by sending invoices to the Owners(each, an "Invoice"; the date of-an Invoice,the "Invoice Date";the is date an Invoice becomes due, the "Due Date"; an Owner that does not timely pay an Invoice, a 11 • • • "Delinquent Owner").The Association shall state the Due Date on each Invoice,which must be at least 30 days after Invoice Date unless the Invoice is for Individual Owner Expenses, in which case the Association may use an earlier Due Date.The Board may make Assessment Shares and Individual Owner Expenses payable in a single installment or in monthly, quarterly, or other periodic installments and may use different periodic installments for Assessment Shares than it uses for Individual Owner Expenses. No Owner is exempt from the Assessment Share or the Individual Owner Expenses,whether by waiver of the use of the Common Properties, abandoning the Home, or otherwise. 10.7 Payment. Each Owner that owns a Home as of an Invoice Date is personally obligated to pay (the "Expenses"): (1)the Assessment Share associated with the Owner's Home; (2) Individual Home Expenses the Owner owes; (3) out-of-pocket expense the Association incurs in any Proceeding, including court filing fees,court costs, arbitration fees,witness fees, and attorneys' and other professionals'fees and disbursements (collectively, the"Legal Expenses") related to collecting or attempting to collect that Assessment Share or those Individual Home Expenses; and (4) interest on the forgoing that accrues after the Due Date until paid in full at the non-usurious rate the Board establishes under the Regulations (the "Default Rate"; interest accruing at the Default Rate,the "Default Interest"). If a Home has more than one Owner: (1)they are jointly and severally liable to pay the Expenses; and (2)the Association has no obligation to resolve any dispute between them. 10.8 Association Lien.The Association may record a claim for Expenses with the Recording Office, and if it does so the Expenses become a lien against the corresponding Home (the lien the claim creates, "Association Lien").The Association Lien is a continuing lien on the Home for Default Interest and Legal Expenses that accrue after the Association Lien attaches to the Home.The Association: (1) may foreclose the Association Lien; or(2) exercise other remedies to collect the Expenses.The Association may exercise those remedies concurrently, alternatively,or cumulatively.An Association Lien has priority over other liens encumbering a Home except: (1) liens for Taxes; and (2) a Priority Mortgage a Mortgagee records with the Recording Office before the Association Lien attaches to the Home. If the Association forecloses an Association Lien, each Mortgagee will receive notice of the Proceeding and can cure the default causing the Association Lien as the Montana law allows. 10.9 Mortgagee Notices. If an Owner becomes 60 days delinquent in paying Expenses,the Association shall notify the Priority Mortgagees holding Mortgages on the Owner's Home and in that notification provide a statement summarizing the delinquency. Upon a Mortgagee's written request to the Association,the Association will provide the Mortgagee with information about Association Liens. The Association has no ongoing obligation to supply the information in the preceding sentence but will supply it each time a Mortgagee requests it. Article 11: Insurance 11.1 Home Insurance.The Condominium Unit Owners and the Condominium Association shall obtain and pay for the insurance coverage the Condominium Declaration requires. Each Owner of a Townhome or House shall obtain, pay for, and continuously keep a homeowner's insurance policy covering the Home and the Owner's liability(collectively,the "Home Insurance"). As part of the Regulations,the Association shall set the minimum Home Insurance requirements and periodically review the amounts, limits, and types of Home Insurance coverage it will require the Owners to carry. At • the Owner's option and expense,the Owner may obtain other, excess, or additional insurance coverage. The Association is not liable to the Owner or others if the Home Insurance is insufficient. Upon request, the Owner shall regularly and promptly give the Association copies of certificates of the Home Insurance 12 • • policy confirming the Owner is following the Owner's obligations under this section. If the Owner does not obtain and keep the Home Insurance,the Association has no obligation to do so but may. If the Association obtains Home Insurance the Owner does not obtain or keep,the cost of the premiums and other expenses the Association incurs are Individual Owner Expenses. 11.2 Association Insurance.Acting as the agent of the Owners,the Association shall obtain and continuously maintain an insurance policy or polices covering the Project consisting of(whether one or more policies,the "Association Insurance"): (1) property insurance covering the Common Properties; (2) commercial liability insurance; (3) fidelity or other comparable insurance; (4) directors and officers insurance covering the Directors, Officers, and others; and (5) other insurance coverage the Board determines is necessary or prudent.The Asssociation Insurance shall: (1) be with actuarially sound insurers with authority to issue insurance policies in Montana; (2) have commercially reasonable limits; (3) be consistent with the insurance coverage of projects similarly situated to the Project; (4) name the Association as the insured; and (5) may name the Manager as an additional insured.The Board shall periodically review the Association Insurance coverage and make changes, adjustments, or additions it believes are necessary or prudent.The Owners shall not engage or fail to engage in activity that causes or may cause the Association Insurance premiums to increase or that causes or could cause the carrier or carriers to cancel the Association Insurance.The Association is not liable: (1) if the Association Insurance coverage is insufficient; or(2)for not collecting Association Insurance Proceeds.The Owners designate the Association as the agent of the Owner to act in the place of the Owners on the following matters and grant the Association the power and authority: (1)to receive the Association Insurance proceeds and pay or expend them under the section with the descriptive heading Association Insurance Proceeds; (2) adjust claims the Association Insurance covers and to execute and deliver releases upon the payment of those claims; (3) otherwise address matters pertaining to the Association Insurance; and (4) sign contracts,give receipts, make releases, and start or defend Proceedings relating to the matters in this sentence. Because the Association has an interest in those matters, the Owners acknowledge that the power of attorney in the immediately preceding sentence is coupled with an interest. It follows that in addition to any other consequences under the Laws, that power of attorney is irrevocable and will survive the Owner's death or incompetence. 11.3 Loss Payees. Owners may name Mortgagees as loss payees under their Home Insurance. The Association has no obligation to name or try to name a Mortgagee as a loss payee or additional insured under an Association Insurance policy. Upon the request of an Owner or a Mortgagee,the Association will supply proof the Association Insurance is in place and copies of the corresponding insurance certificate and policy.The Association has no ongoing obligation to supply the information in the preceding sentence but will supply it each time an Owner or Mortgagee requests it. 11.4 Insurance Proceeds. If there is damage or destruction to the Common Properties(that event, a "Damage Event")and the Association Insurance covers any part of the loss from the Damage Event(the proceeds from the Association Insurance,the "Insurance Proceeds"),the Association shall use the Insurance Proceeds to repair, reconstruct, or replace the Common Properties (that expense,the "Damage Expense"), and if the Insurance Proceeds are insufficient to pay the estimated Damage Expense,the Association shall make Assessments to pay the difference using the same procedure it uses to make the Assessment Share (a "Damage Assessment").The Association shall distribute Insurance Proceeds and funds from the Damage Assessment using sound discretion and according to the agreements the Association enters with the parties making the repairs, reconstruction,or replacements. If Insurance Proceeds or Damage Assessment funds remain after the repairs, reconstruction, and • replacements are complete and paid,the Association shall keep them for the use and benefit of the 13 • • • Owners. 11.5 Lender Notices.The Association shall promptly notify the Mortgagees: (1) if the Association Insurance is cancelled and in that notification provide the lapse or cancellation date and an explanation of how the lapse or cancelation occurred; and (2) about material modifications to the Association Insurance and in that notice describe of the modification. If the Association learns of a casualty loss affecting a material portion of the Common Properties, it shall promptly notify the Mortgagees, and to the extent the Mortgage contains the contact information,the guarantors of those Mortgages. Article 12: Miscellaneous 13.1 Condemnation. If there is an award for damages in an eminent domain Proceeding pertaining to the Common Properties (an "Award"),the Association shall receive the Award to reconstruct or replace the Common Properties generating the Award, and if any funds remain after the reconstruction and replacement is complete and paid,the Association shall keep the funds for the use and benefit of the Owners. If that reconstruction or replacement is impossible or impractical, as the Association determines in its reasonable discretion,the Association shall distribute the Award to the Owners based upon their respective Project Percentages, in which case the Owner and the Mortgagee or Mortgagees holding Mortgages encumbering the Home shall jointly receive the Owner's proportion of the Award and determine between themselves entitlement to the proceeds as the Mortgage or Mortgages provide.When the Association learns of the commencement of an eminent domain Proceeding affecting a material portion of the Common Properties, it shall promptly notify the • Mortgagees and to the extent the Mortgage provides the contact information,the guarantors of those Mortgages. 13.2 Recovery of Expenses. In any Proceeding between relating to or arising out of this Declaration,the party that recovers greater relief in the Proceeding(the "Prevailing Party") may recover from the other party, besides any other relief awarded,the Legal Expenses the Prevailing Party incurs. 13.3 Notices. Unless this section provides otherwise,for a notice or other communication under this Declaration to be valid, it must be in writing and delivered: (1) by hand; (2) by a national delivery company, with all fees prepaid; or(3) by registered or certified mail, return receipt requested and postage prepaid. For a notice or communication under the preceding sentence: (1)the Owner is sending, the Owner shall send it to the Association's then current address; or(2)to an Owner,the sender shall send it to address of the Owner's Home. Notices or communications about matters the Bylaws address are valid if the Association makes them as the Bylaws require.An Owner has valid notice of an Invoice if the party sending the Invoice delivers the Invoice to the Owner: (1) in the manner the first sentence of this section requires; or(2) by regular mail to the address of the Owner's Home. Notices or communications about adopting or modifying Regulations or Fines are valid if the Declarant or the Association delivers them: (1) in the manner the first sentence of this section requires; (2) by regular mail by regular mail to the address of the Owner's Home; or(3) by email sent to the email address of the Owner on file with the Association. By becoming an Owner,the Owner undertakes the obligation to keep a correct email address on file with the Association and to regularly check the Owner's email account for notices or communications sent as the immediately preceding sentence permits. In any Proceeding arising from or relating to an improper communication or notice sent by e- mail under this section,the sender shall have the benefit of the legal presumption that delivering the notice or communication by email is a fair and reasonable manner of delivery, which the Owner must 14 then overcome with clear and convincing evidence. • 13.4 Waiver. No waiver or satisfaction of a condition or failure to follow an obligation under this Declaration will be effective unless it is in writing and signed by the party granting the waiver, and that waiver will not be a waiver of satisfaction of another condition or failure to follow another obligation. The Declarant's or the Association's failure to seek redress for an Owner's violation of this Declaration or insist upon strictly performing any term of this Declaration will not prevent the Declarant or the Association from redressing a later violation or from thereafter insisting on strict performance.The. Declarant's or the Association's failure to enforce this Declaration against an Owner or Owners is not a waiver of its ability to enforce it against other Owners. 13.5 Severability.The Declarant intends: (1)that if any provision of this Declaration is held to be unenforceable,then that provision will be modified to the minimum extent to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (2) that if an unenforceable provision is modified or disregarded under this section,then the rest of this Declaration will remain in effect as written; and (3)that an unenforceable provision will remain as written in circumstances other than those in which the provision is held to be unenforceable.The Owner acknowledges that the Owner has the same intentions as the Declarant about the immediately preceding sentence. 13.6 Interpretation.The Owner acknowledges that the Owner does not intend that the presumptions of laws or rules relating to interpreting contracts against the drafter of any particular clause should be applied to this Declaration, and therefore waives their effects. 13.7 Governing Law. Montana law governs this Declaration.The Montana Nonprofit Corporation • Act governs the Association. Because the Association is an organizational form facilitating the operation of the Project, if there is a conflict between the law governing this Declaration and the Montana Nonprofit Corporation Act,the law governing this Declaration controls. 13.8 Conflicts. If the article with the descriptive heading Project Development conflicts with another part of this Declaration or the other Governing Documents,the conflicting provision in the article with the descriptive heading Project Development controls. If this Declaration conflicts with the other Governing Documents,the conflicting provision in this Declaration controls. 13.9 Liability. If the Association or the Declarant breaches an obligation it has under the Governing Documents(a "Breach of Contract"),the affected Owner or Owners may seek injunctive relief or monetary damages, but not both. If the affected Owner seeks monetary damages: (1)the limit of the Declarant's liability for Losses arising from or relating to the Breach of Contract is$50,000, inclusive of any Legal Expenses the Owner receives in the associated Proceeding(that amount,the "Liability Limitation"); and (2)the cumulative limit of the Association Parties' liability for Losses arising from or relating to the Breach of Contract is the Liability Limitation. No Owners may bring a breach of contract claim against the Manager for matters arising from or relating to the Project because they are not in privity of contract with the Manager.Any such breach of contract claim belongs to the Association. Neither the Declarant nor the Association Parties will be liable for Losses any Owner Parties incur arising from or relating to the negligence, breach, misconduct, action, or inaction of the Owner Parties. If an Owner or Owners make a claim against the Declarant or any Association Parties for something other than Breach of Contract: (1)the limit of the Declarant's liability for Losses is the greater • of(i)the Liability Limitation, or(ii)the insurance the Declarant has available that covers and pays the 15 • • • Losses; and (2)the cumulative limit of the Association Parties' liability for Losses is the greater of(i)the Liability Limitation, or(ii)the insurance the Association Parties have available that covers and pays the Losses. 13.10 Modifying Regulations.The Declarant or the Association may take these actions(each, a "Regulation Modification"): (1)waive, abandon, change, or amend the Regulations and the Fine Schedule; (2) create new Regulations and Fines; and (3) change or amend the Design Guidelines, Parking Plan, and Waste Disposal Plan. During the Development Period the Declarant may make Regulation Modifications by amending the Regulations and Fine Schedule without Owner or Association consent. If the Declarant makes a Regulation Modification,the Regulation Modification will not become effective until the Declarant notifies the Association.The Association shall then notify the Owners about the Regulation Modification. Until the Development Period ends,the Association may not make a Regulation Modification without the Declarant's consent and any Regulation Modification the Association makes without that consent is void. Once the Development Period ends, or sooner with the Declarant's consent,the Association may make Regulation Modifications that meet the Regulations Standard with Board Approval.The Owner acknowledges that because of the nature of the Regulations and Fine Schedule and the application of the Regulation Standards,the procedure and threshold of making a Regulation Modification is lower than the threshold for amending other parts of this Declaration,the Bylaws, or the Articles. 13.11 Modifying Declarations.The Declarant or the Association may take these actions (each, a "Declaration Modification"; a Regulation Modification, or a Declaration Modification,each, a "Modification'T (1)waive, abandon, change, or amend this Declaration; and (2)create new covenants, • conditions, agreements, reservations, restrictions, and charges pertaining to the Project this Declaration does not address. During the Development Period,the Declarant has the right,without the consent of the Owners or the Association to make Declaration Modifications. If the Declarant makes a Declaration Modification, it becomes effective when the Declarant records it in the records of the Recording Office. Until the Development Period ends the Association may not make a Declaration Modification without the Declarant's consent and any Declaration Modification the Association makes without that consent is void. Once the Development Period ends, or sooner with the Declarant's consent,the Association may make Declaration Modifications with Member Approval and that Declaration Modification will become effective when the Association records the Declaration Modification in the records of the Recording Office.The preceding sentence is inapplicable to Declaration Modifications to the section with the descriptive heading Percentages,which may occur with Owner Approval. If a Declaration Modification requires and receives Owner Approval,the Association shall record it with the Recording Office, and it will become effective upon recording. 13.12 Modifications.The Owner acknowledges that: (1)this Declaration fairly apprises the Owner about Modifications and how they will occur; (2) it is within the Owner's reasonable expectation that Modifications will occur; (3) when Declarant or the Association, as applicable,follow the Modification procedures in this Declaration, doing so satisfies the Owner's right to substantive due process; (4) by acquiring a in a common-interest community, the Owner is sacrificing individual freedom for the communal good of the Project and the ability to make Modifications is an integral part of that communal good; and (5) although certain Modifications require Owner Approval,the Owners cannot make Modifications in their capacities as Owners because Modifications occur through Association • Action.When the Association makes Modifications, it shall do so with the intent of treating Owners fairly. Each of these Modifications are presumptively fair: (1)those applying uniformly to all Owners; (2) those treating similarly situated Owners equally; and (3)those that do not unfairly shift burdens or 16 • • benefits from one group of Owners to another. If a Modification is unfair,the Association must obtain • the consent of the Owners the Modification will adversely affect for the Modification to become effective. 13.13 Lender Consent.The Declarant or the Association may make Building Amendments and Regulation Modifications without Mortgagee consent.The Declarant or the Association may make Declaration Modifications without Mortgagee consent unless the Declaration Modification will have a material adverse effect on the Mortgage ("Mortgagee Consent Modifications"). If the Declarant or the Association wants to make a Mortgagee Consent Modification,the party wanting to do so shall notify each Priority Mortgagee (that notice a "Mortgagee Modification Notice";the date of the Mortgagee Modification Notice,the "Notice Date"). If a Priority Mortgagee holds more than one Priority Mortgage, the Priority Mortgagee shall receive a separate Mortgage Modification Notice for each Priority Mortgage. In determining the threshold of the number of Priority Mortgagees that must approve the Mortgagee Consent Modification for it to become effective, a Priority Mortgagee has one vote for each Mortgage Modification Notice it receives.The party sending the Mortgagee Modification Notice shall send it by regular mail to the Priority Mortgagees to their addresses in the Priority Mortgage and describe the proposed Mortgagee Consent Modification in the Mortgage Modification Notice. Within 60 days after the Notice Date, each Priority Mortgagee shall respond in writing to each Mortgagee Modification Notice saying whether it approves or disapproves of the proposed Mortgagee Consent Modification. Each Mortgagee Modification Notice to which a Priority Mortgagee does not timely respond counts as an affirmative vote in favor of the Mortgagee Consent Modification, but only if the Declarant or the Association sent the Mortgage Modification to the non-responsive Priority Mortgagees by certified or registered mail, return receipt requested.The Priority Mortgagees shall not unreasonably refuse to approve a Mortgagee Consent Modification. If more than one-half of the total votes the • Priority Mortgagees may cast are affirmative votes for the Mortgagee Consent Modification, it becomes effective once the Declarant or the Association has the other approvals and consents to make a Declaration Modification. 13.14 Assignment.This Declaration separates the rights the Declarant has under this Declaration and the Bylaws onto separate categories.The first category is the Declarant's right (the "Founder Rights"): (1)to approve or disapprove Modifications; (2)to appoint a Director under the Bylaws; and (3) approve or disapprove matters requiring Member Approval under the Bylaws.The second category of Declarant rights consist of any rights the Declarant has this Declaration other than the Founder Rights (the "Declarant Rights"). Separating the Founder Rights from the Declarant rights was a condition of the Declarant obtaining funds for the Project.The Declarant may assign all, but not less than all, of its: (1) Declarant Rights (that assignment, a "Declarant Assignment";the assignee under a Declarant Assignment,the"Declarant Assignee";the assignor under a Declarant Assignment,the "Declarant Assignor"); and (2) Founder Rights (that assignment, an "Assignment of Founder Rights";the assignee, the "Founder Rights Assignee";the assignor, the "Founder Rights Assignor").The Founder Rights Assignor must be a tax-exempt nonprofit organization The Declarant may make: (1) a Declarant Assignment without making a Founder Rights Assignment; or(2) a Founder Rights Assignment without making a Declaration Assignment. A Declarant Assignee and a Founder Rights Assignee need not be the same party and if they are not and a dispute arises between them over exercising their respective rights, the party holding the Founder Rights shall exercise both the Founder Rights and the Declaration rights until they resolve the dispute.A Declarant Assignee may make a Declarant Assignment in same way this Declaration permits a Declarant Assignor to make a Declarant Assignment.A Founder Rights Assignee may make a Founder Assignment in same way this Declaration permits a Founder Assignor to make a Founder Assignment.The Founder Assignor shall notify the Owners and the Association about the 17 • 0 • Founder Rights Assignment before completing the Founder Rights Assignment.The Declarant Assignor shall notify the Owners and the Association about the Declarant Rights Assignment before completing the Declarant Rights Assignment. 13.15 Inapplicable Statute.The Act precludes the Association from entering, amending, or enforcing a covenant, condition, or restriction affecting a Home in a way that imposes a more onerous restriction on the types of use for the Home than those existing when the Owner acquired the Home unless the Owner agrees to it in writing when the Association adopts it (such an item, a "New Restriction";the statutes in the Act addressing a New Restriction,the "Restriction Statute").The Restriction Statue applies to homeowners' associations, making it inapplicable to the Declarant.The Declarant excludes the Project,the Property, this Declaration,the other Governing Documents,the Association, and the Owners from the Restriction Statute.The Owner acknowledges that: (1)the Restriction Statute is inapplicable to the Declarant; and (2) because of the preceding sentence, the Restriction Statute is inapplicable to the Project,the Property, this Declaration,the other Governing Documents,the Association, and the Owners. 13.16 Owner Waiver.This section addresses a scenario where a court of competent jurisdiction issues a final non-appealable decision (a "Final Judgment") declaring the section with the descriptive heading Inapplicable Statute unenforceable. If the Restriction Statute applies to this Declaration, the Owner waives any advantage the Restriction Statute may afford the Owner and acknowledges that if a Proceeding arises under this Declaration about the Restriction Statute,the Owner would want a court to determine the Owner's waiver is valid by applying these principles: (1)that in relation to the Proceeding, the Restriction Statute is solely for the Owner's benefit; and (2)that in relation to the Proceeding,the • Declaration is not for a public purpose, but it is a private land use planning contract affecting private parties,their private real property, and their freedom to privately contract. 13.17 Evidentiary Standards.This section addresses a scenario where a Final Judgment declares the section with the descriptive heading Owner Waiver unenforceable.The Owner acknowledges that for this Declaration: (1)the phrase more onerous in the Restriction Statute means a scenario where a New Restriction rises to a level of significance that would cause a reasonable person not to acquire a Home because of the New Restriction when the reasonable person would have otherwise been willing to do so absent the New Restriction; (2) a New Restriction that applies to all Owners is presumptively not more onerous on the Owner; and (3) a New Restriction that does not unfairly shift burdens or benefits from one group of Owners to another is presumptively not more onerous on the Owner. In a Proceeding arising from or relating to the Restriction Statute: (1)the Association shall have the benefit of the legal presumption that (i)the New Restriction is not more onerous on the Owner,which the Owner must then overcome by clear and convincing evidence, and (ii) in exercising its power to adopt the New Restriction,the Association acted fairly and used its power reasonably,which the Owner must then overcome by clear and convincing evidence that the New Restriction is not arbitrary or capricious; and (2)the Owner must prove by clear and convincing evidence the New Restriction will materially injure the Owner. For the preceding sentence, material injury means that applying the New Restriction will directly cause the fair market value of the Home to decrease by 25%or more.The Owner acknowledges that in any such Proceeding,the Owner would want a court to apply the principles in this section and construe them strictly. 13.18 Owner Remedies. In any Proceeding an Owner initiates relating to a New Restriction or the • Restriction Statute, or that the Association initiates against an Owner because the Owner refuses to comply with a New Restriction: (1)the Owner may seek injunctive relief or monetary damages, but not 18 both; and (2) if the Owner is not the Prevailing Party,the Owner(i)will be in breach of this Declaration • and liable for damage the breach causes, and (ii) shall indemnify the Declarant,the Association, the Manager,the Board,the other Owners, and the Mortgagees from all damages, claims, losses, and Legal Expenses any of them suffer or incur arising from or relating to the Proceeding, including but not limited to the uncertainty relating to the status of the New Restriction, diminution of the value of the Property, and lost or delayed Transfers. If the Owner seeks injunctive relief,the Owner shall post a bond or other security sufficient to cover: (1)the estimated Legal Expenses the Association will incur through Final Judgment; (2)the estimated damages the Association will receive if the Association is the Prevailing Party; and (3)the estimated amount of the Owner's indemnification liability if the Owner is not the Prevailing Party. If the Association is not the Prevailing Party in a Proceeding arising from or relating to a New Restriction or the Restriction Statute,the Association's liability for Losses is limited to the lesser of: (1) Liability Limitation; or(2)the decrease in the value of the New Restriction causes to the Owner's Home. Article 13: City of Bozeman Provisions [insert City of Bozeman requirements] • 19 • The Declarant is signing this Declaration as of the Declaration Date. Human Resource Development Council of District IX, Inc. F By: Name: Title: STATE OF MONTANA ) :ss County of Gallatin ) This instrument was acknowledged before me on 2019, by as the of Human Resource Development Council of District IX, Inc. Print Name: Notary Public-for the State of Residing at , [SEAL] My Commission expires 20 • • 20 ' Exhibit A Property Description [insert Property description] i • , 21 • Exhibit B Plat [copy of Plat attached] 22 Exhibit C Project Site Plan [copy of Project Site Plan attached] ,I MI �I Iy, I} Y • 23 • • 24 ARTICLES OF INCORPORATION • OF BRIDGER VIEW OWNERS ASSOCIATION These Articles of Incorporation (the "Articles") are dated 20_, and are for Bridger View Owners Association (the "Association").The incorporator of the Association is making these Articles under the Montana Nonprofit Corporation Act. 1. Name.The name of the Association is Bridger View Owners Association. 2. Designation.The Association is a mutual benefit corporation. 3. Members.The Association has members. 4. Amendment.The Association may amend or restate these Articles as provided in the Association's bylaws. 5. Incorporators.The incorporator of the Association is Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation, and has an address of 32 South Tracy Avenue, Bozeman, Montana 59715. 6. Registered Agent.The I registered agent of the Association is Human Resource Development Council of District IX, Inc.,which has the address stated in the preceding section. 7. Dissolution.When the Association dissolves, it shall distribute its assets to its members and as • the Montana Nonprofit Corporation Act otherwise directs. The incorporator is signing these Articles of Incorporation on the date stated in the introductory clause. Human Resource Development Council of District IX, Inc. By: Name: Title: • After recording, return to: • Human Resource Development Council of District IX, Inc. 32 South Tracy Avenue Bozeman, Montana S971Sa, n �- _2JNFAWT711,-ENT OF = p BYLAWS OF BRIDGER VIEW OWNERS ASSOCIATION®M NiUFN QEUEI 0)Fr NT! This document comprises the Bylaws of Bridger View Owners Association, a Montana nonprofit corporation (the "Association"), and it is effective as of . 20 (the "Effective Date"). The real property described on Exhibit A is subject to the Declaration of the of the Bridger View Redevelopment Project(the "Declaration") recorded in the records of the office of the Gallatin County Clerk and Recorder. Capitalized terms these Bylaws use, but do not define, have the meanings the Declaration gives them. Concurrently with recording the Declaration,the Declarant recorded these Bylaws in the records of the Recording Office.The Declaration requires the Owners to act in a group as Members of the Association to further the Association Purpose and these Bylaws are the Association's internal governance rules for regulating and managing Association affairs. • Article 1: Purpose and Power 1.1 Purpose.The purpose of the Association is to fulfill the Association Purpose. 1.2 Power.The Association has the Project Powers and shall exercise them by taking Association Action under the authority it receives through a Member Approval or a Board Approval. 1.3 Development Period. During the Development Period the Declarant has the Declarant Powers and may exercise them as the Declaration allows.The Association will operate during the Development Period, but it has no power to act under the Declaration unless the Declarant delegates authority to the Association enabling it to do so. Article 2: Members 2.1 Member Meetings.The Association shall hold an annual Member meeting concurrently with the annual Board meeting.The Association may hold regular and special Member meetings as the Montana Nonprofit Corporation Act allows(the act in effect as of the Effective Date,the "Nonprofit Corporation Act"). 2.2 Member Voting. If a Home has co-owners,the Members that co-own the Home shall: (1) collectively cast one vote between them on matters about which the Association seeks Member Approval as they determine among themselves; and (2) select one of them to cast the vote. If they cannot agree among themselves how to vote or who should cast the vote,they shall not cast a vote until . they resolve their disagreement and pending that resolution,the Association has no obligation to 1 • • resolve the disagreement or delay a vote. Members may vote in person or by proxy. If a Member is an entity,the Member shall select and appoint an individual to vote on the Member's behalf(a "Member • Designee").The vote of a Member Designee is the vote of the Member.The Member Designee must: (1) hold an ownership interest in the Member; or(2) be a director, officer, manager, or employee of the Member. If a Member appoints a Member Designee the Member shall provide the Association with a resolution,written consent, or other comparable instrument to enable the Association to verify (a "Resolution'T (1)the identity of the Member Designee; and (2)the Member Designee's authority to vote on the Member's behalf on matters about which the Association seeks Member Approval. If a Home is trust property under a trust,the Member is the trustee of the trust and the Member shall provide the Association with a trust certificate to enable the Association to verify(a "Trust Certificate"): (1)the identity of the Member; and (2)the Member's authority under the trust to vote on matters about which the Association seeks Member Approval. If there is a disagreement about who is or should be the Member Designee, or about who is or should be the Member if the Home is trust property,then neither the actual or purported Member Designee nor the actual or purported Member may cast a vote until they resolve the disagreement and pending that resolution,the Association has no obligation to resolve the disagreement or delay a vote.The Association may: (1) rely on Resolutions and Trust Certificates and has no obligation to verify the legality or accuracy of them; and (2) reject a Resolution or Trust Certificate in its reasonable discretion. 2.3 Member Quorum.A quorum for a Member meeting consists of a majority of the Members present in person or by proxy immediately before the Member meeting begins(a "Member Quorum"). If a Home has co-owners and more than one co-owner is present,those Members that co-own the Home will collectively count as one Member in determining the Member Quorum. If there is a Member Quorum, the affirmative vote of 75%or more of the Members forming the Member Quorum constitutes Member Approval. If there is not a Member Quorum, the Members present shall not vote on matters on • which the Association seeks Member Approval but may present and discuss matters for informational purposes. If a Member Quorum ceases to exist because a Member or Member Designee leaves the Member meeting,the remaining Members: (1) may end the meeting; (2) may carry on with the meeting without pausing; (3) may pause the meeting, in which case the meeting must end the same day the pause occurs; (4) may pause the meeting and then resume it, in which case the meeting must end the same day the pause occurs; and (5) shall not vote on matters about which the Association seeks Member Approval until the Member or Member Designee returns but may present and discuss matters for informational purposes. 2.4 Founding Entity.The Declarant has the right to: (1) appoint a Director to the Board (that Director,the "Founder Director"); and (2) approve or disapprove all matters requiring Member Approval. No matter requiring Member Approval will be effective without the Declarant's written approval,which must be from a Declarant employee possessing the authority to provide it. If the Founder Director is an employee of the Declarant,the Founder Director has the authority to provide that approval.The Declarant may assign the rights it has under this section by making a Founder Rights Assignment. Under a Founder Rights Assignment,the Founder Rights Assignee becomes the Declarant under these Bylaws. Article 3: Board of Directors 3.1 Board Composition.The Association shall have seven Directors on the Board, consisting of: (1) two Townhome Owners; (2) two Condominium Unit Owners,which shall be president and the treasurer of the board of directors of the Condominium Association; (3)two House Owners; and (4)the Outside • 2 • • Director.The Outside Director may, but does not need not be, an employee of the Founder. By notifying • the Association,the Founder may remove and replace the Outside Director at any time.The provisions of this Article with the descriptive headings Director Election and Director terms are inapplicable to: (1) the Outside Director; and (2)the Directors the Condominium Association appoints. 3.2 Director Election.The Members shall elect the Directors at the annual Member meeting. Only Members and Member Designees may serve as Directors. Until the Development Period ends,the Board shall have three Directors but in the Declarant's discretion may have up to seven Directors.After that, the Board shall have seven Directors but may have as few as the Nonprofit Corporation Act allows if there are not enough candidates to fill the open Director positions. Without Member Approval,the Association shall not compensate Directors.The Board and the Directors have the duties the Declaration,the Articles, and these Bylaws prescribe. If those instruments are silent about a Board or Director duty,the Board and the Directors have the duty the Nonprofit Corporation Act prescribes to the Board or the Directors. 3.3 Director Terms.A Director's term on the Board is one year(a "Director Term").A Director Term begins upon the Director's election or appointment to the Board and ends upon the earliest of these events to occur: (1)the election or appointment of the Director's successor to the Board; (2)when the Director is no longer a Member; (3)the Members remove the Director by issuing a Member Approval removing the Director; or(4)the Director dies or resigns. No Director may serve more than five consecutive Director Terms. A Director may resign by notifying another Director in writing and the resignation becomes effective on the date that notice specifies. A Director that serves five consecutive Director Terms will again become eligible to be a Director after at least an 11-month break from serving as a Director. If a Director position becomes vacant,the Board shall fill the position for the rest of the • unexpired Director Term. Filling an unexpired Director Term does not count toward the number of Director Terms a Director may serve. 3.4 Board Officers.The Board shall elect Directors to serve in the following Board offices for one- year terms (an "Officer Term"; each Board office, an "Office"): (1) a president to (i) serve as the Association's principal corporate officer, (ii) preside at Board and Member meetings, and (iii) sign documents and take other actions on behalf of the Association; (2) a secretary to: (i) issue Board and Member meeting notices, and (ii) maintain records pertaining to meetings, including notices, minutes, participants,votes, proxies, resolutions, and records pertaining to Member Designees, Member Approvals, and Board Approvals; and (3)a treasurer to (i)oversee the Association's financial affairs, and (ii) maintain records pertaining to Transfers.The Officers shall also perform other duties customary for or incident to the Office and those which the Board prescribes. If these Bylaws are silent about Officer duties,the Officers have the duties the Nonprofit Corporation Act prescribes. Without Member Approval,the Association shall not compensate Officers.An Officer Term begins upon the Officer's election or appointment to the Office and ends upon the earliest of these events to occur: (1)the election or appointment of the Officer's successor to the Office; (2)when the Officer is no longer a Director; (3)the Board removes the Officer from the Office with Board Approval; or(4)the Officer dies or resigns. An Officer may resign by notifying another Officer or Director in writing and the resignation becomes effective on the date that notice specifies.There is no limit on the number of Officer Terms an Officer may serve. If an Office becomes vacant,the Board shall fill the position for the rest of the unexpired Officer Term. 3.5 Board Meetings.The Association shall hold an annual Board meeting each year between • October 1 and December 31 to: (1) review and approve the Association's financial statements; (2) 3 approve the Association's plans for the maintenance, upkeep, repair, replacement, and reconstruction of the Common Elements; (3) adopt the Association's budget for the succeeding fiscal year; (4) approve • when and how it will levy and collect Assessments, Fees,or both; (5) elect the Officers; and (6) address other issues on the Board meeting agenda.The Association may hold regular Board meetings as the Nonprofit Corporation Act allows.The Members may attend Board meetings.Two Directors or eight Members may call a special Board meeting to: (1) amend the Association's budget; (2) levy another Assessment, Fee,or both,to fund the amended budget; and (3)for another reason relating to the Association Purpose. If a Home has co-owners,those Members that co-own the Home will collectively count as one Member in determining the requisite number of Members to call a special Board meeting. 3.6 Board Voting and Quorum. Each Director has one vote on matters that come before the Board. Directors must be present to vote and may not vote by proxy.A quorum at a Board meeting consists of a majority of the Directors present immediately before a Board meeting begins (an "Board Quorum"). If there is a Board Quorum,the affirmative vote of 50%or more of the Directors forming the Board Quorum constitutes Board Approval. If there is not a Board Quorum at a Board meeting,the Directors present shall not vote on matters on which the Association seeks Board Approval but may present and discuss matters for informational purposes. If a Board Quorum ceases to exist because a Director leaves the Board meeting,the remaining Directors: (1) may end the meeting; (2) may carry on with the meeting without pausing; (3) may pause the meeting, in which case the meeting must end the same day the pause occurs; (4) may pause the meeting and then resume it, in which case the meeting must end the same day the pause occurs; and (5) shall not vote on matters about which the Association seeks Board Approval until the Director returns but may present and discuss matters for informational purposes. 3.7 Board Committees.The Board may create special Board committees as the Board determines in its discretion (each, a "Committee").The purpose, members, composition, and tenure of the Committee • are within the Board's discretion. Committees are subject to the Board's direction and control and shall have no power to issue Member Approvals or Board Approvals. Committee members: (1) need not be Directors; and (2) serve at the pleasure of the Board. 3.8 Indemnification. If a current or former Director or Officer becomes subject to Proceeding because that person is or was a Director or an Officer,the Association shall indemnify that person to the maximum extent the Nonprofit Corporation Act allows. Article 4: Meeting Procedures 4.1 Meetings.To call a meeting,whether a Member meeting or Board meeting, and whether annual, regular, or special,the Directors or Members calling it must notify the Board secretary,who shall: (1) notify the Directors and Members about the meeting by issuing a notice (a "Meeting Notice") stating (i)the date the meeting will occur,which must be between 6:00 p.m. and 9:00 p.m. Montana time, (ii)the location of the meeting, which must be at the Project or at another location within a convenient distance of the Project, (iii)whether participants may participate in the meeting through remote communication, and if so,the manner in which that will occur, and (iv)for a special meeting, describe the purpose of the meeting; (2) issue the Meeting Notice (i)for an annual meeting, between 15 and 45 days before the meeting date, and (ii)for a regular and special meetings,within the time the Nonprofit Corporation Act requires; and (3) deliver the Meeting Notice (i) as the section of the Declaration with the descriptive heading Notices provides, except sending a Meeting Notice by regular mail is acceptable, or(ii) by email sent to the email address of the Member or Member Designee on file with the Association. Because the Directors are Members or Member Designees, it is unnecessary to 4 • • send the Directors a separate or different Meeting Notice from those they will receive as Members or • Member Designees. Delivering a Meeting notice to a Member Designee has the same effect as delivering it directly to the Member. By becoming a Member or a Member Designee, the Member and the Member Designee undertake the obligation to keep a correct email address on file with the Association and to regularly check their email accounts for Meeting Notices. In any Proceeding arising from or relating to an improper Meeting Notice,the Association shall have the benefit of the legal presumption that delivering Meeting Notices by email is a fair and reasonable manner of delivery, which the Director, Member or Member Designee must then overcome with clear and convincing evidence. By becoming a Director, Member or Member Designee, each Director, Member and Member Designee acknowledges that in such Proceeding,the Director, Member, and the Member Designee would want the court or other decision-making body to apply the principles in the preceding sentence and strictly construe them. Directors, Members, and Member Designees may waive a Meeting Notice by providing the Board secretary with a waiver before or after the meeting. Presence at a meeting is a waiver of the Meeting Notice unless the Director, Member, or Member Designee: (1) objects to the meeting when the meeting begins and bases the objection on an improper Meeting Notice; and (2) does not vote for or assent to matters about which the Association seeks Member Approval or Board Approval relevant to the subject of the objection. 4.2 Meetings by Remote Communication.The Association may conduct Member, Board, and Committee meetings through remote communication as the Board may authorize so long as those not physically present in the same location may communicate with each other on a simultaneous basis during the meeting. Participating in a meeting through remote communication constitutes presence at the meeting. • 4.3 Action Without a Meeting.The Board may issue a Board Approval without a Board meeting if each Director entitled to vote on the Association Action that is the subject of the Board Approval approves it by signing a written resolution describing the Association Action (a "Board Consent Resolution"). The Members may issue a Member Approval without a Member meeting if: (1) each Member and Member Designee entitled to vote on the Association Action that is the subject of the Member Approval approves it by signing a written resolution describing the Association Action (a "Member Consent Resolution"); or(2)the Association issues a ballot(a "Ballot")to each Member or Member Designee entitled to vote on the Association Action that is the subject of the Member Approval that: (1) describes the matters the Nonprofit Corporation Act requires; and (2) includes instructions for completing and returning the Ballot to the Association. Member Approval through the Ballot process occurs if: (1)the number of votes the Members cast by Ballot meets or exceeds the number of Members necessary for a Member Quorum; and (2)75%or more of the votes cast by Ballot are in favor of approving the Association Action the Ballot describes.The Association may deliver Ballots in the same manner these Bylaws allow it to deliver a Meeting Notice.The Members and Member Designees shall return Ballots they cast to the Association's secretary under the voting instructions the Ballot includes. For a: (1) Board Consent Resolution,the Directors may sign it in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one instrument; and (2) Member Consent Resolution,the Members may sign it in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one instrument. Delivery of a signed counterpart signature page of a: (1) Board Consent Resolution to the Association's secretary by fax or by scanned image as an attachment to e-mail is as effective as signing it in the presence of the other Directors; and (2) a Member Consent Resolution to the Association's secretary by fax or by scanned image as an attachment to e-mail is as effective as signing it in the presence of the other Members. 5 Article 5: Miscellaneous 5.1 Office.The Association shall cause the principal office of the Association to be at the location • with the address the then-current Association annual report filed with the Montana Secretary of State designates as the principal office. If the Association has yet to file an annual report as of the Effective Date,then until it does so the Association's principal office is the Association's address under the section of the Declaration with the descriptive heading Notices. 5.2 Corporate Seal.The Association will have no corporate seal. 5.3 Books and Records.The Association shall keep: (1) books and records of account; (2) minutes of Member and Board meetings; and (3).records of other Association activity as the Board directs. 5.4 Fiscal Year.The Association's fiscal year begins on January 1 and ends on December 31. 5.5 Bylaw Amendments. No amendment to or restatement of these Bylaws will be effective without Member Approval. Until the Development Period ends,the Declarant has the right to approve or disapprove any amendment to or restatement of these Bylaws. No Member Approval for the amendment to or restatement of these Bylaws will be effective without the Declarant's written approval. If the Members issue Member Approval for an amendment to or restatement of these Bylaws, the Association shall record the amendment or restatement with the Recording Office, and it will become effective upon recording. 5.6 Articles Amendments. Unless this section provides otherwise, no amendment to or restatement of the Articles will be effective without Member Approval. Until the Development Period ends,the • Declarant has the right to approve or'disapprove any amendment to or restatement of the Articles. No Member Approval for the amendment to or restatement of the Articles will be effective without the Declarant's written approval. If the Members issue Member Approval for an amendment to or restatement of the Articles,the Association shall file the amendment or restatement with the office of the Montana Secretary of State, and it will become effective upon filing. 5.7 Conflict. If the Articles conflict with these Bylaws,the conflicting part of the Articles controls. [Certificate of Adoption on the following page] 6 CERTIFICATE OF ADOPTION • The Officers signing below certify to the Association's adoption of the Bylaws to which this Certificate of Adoption is attached.The Officers are making this certification as of the Effective Date. Bridger View Owners Association By: Name: Title: President By: Name: Title: Secretary • • 7 j Exhibit A Property Description • i ^I �i +i fF if I II +J n II J •� 1 8 After recording, return to: Human Resource Development Council of District IX, Inc. 32 South Tracy Avenue Bozeman, Montana 59715 IL ROY 0 5 201 NE_PA HIVIUNT OF � COMit�ttfVtTY JQQ E)W021 —RI to DECLARATION FOR THE BRIDGER VIEW CONDOMINIUMS This Declaration for the Bridger View Condominiums(the "Declaration") is dated 20 (the "Declaration Date") and is made by Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation (the "Declarant"). This Declaration affects the real property described on Exhibit A upon which the Declarant is developing the real estate condominium project depicted on the site plan attached as Exhibit B (the "Site Plan";that project,the "Project";that real property,the "Property";the part of the Property comprising land, the "Land"; each lot on the Land, a "Lot";the part of the Property comprising buildings, each, a "Building";the part of the Property comprising Buildings and other improvements,the "Improvements"). Under the certificate of name attached as Exhibit C approved by the Montana Department of Revenue,the Declarant is naming the Property Bridger View Condominiums.The floor plans attached as Exhibit D reflect the layout, location, unit designation, and dimensions of each unit within each Building(the "Floor Plans"; each unit,together with the undivided interest in the Project's common elements appurtenant to the unit, a "Unit";the owner of a Unit,whether the Unit has one or more owners, a "Unit Owner").The Certificate of Floor Plans attached as Exhibit E certifies the accuracy . of the Floor Plans and the Certificate of Exemption attached as Exhibit F certifies the Project is exempt from review under the Montana Subdivision and Platting Act.The Declarant is making this Declaration to create to Project and govern it under a uniform scheme. The Declarant therefore declares as follows: Article 1:Submission to Act 1.1 Submission.Through this Declaration,the Declarant submits the Property to the condominium form of ownership and use under the Montana Unit Ownership Act(in effect as of the Declaration Date, the "Act"). 1.2 Declaration.The Project is a common-interest community with interdependent relationships. This Declaration creates the Project and governs it under a uniform scheme to protect the value, viability, and desirability of the Project for the benefit of the Owners by providing an orderly mechanism for addressing the Project's interdependent relationships. 1.3 Run with Land.This Declaration and the servitudes consisting of the covenants, conditions, restrictions,equitable servitudes, negative easements,and easements it creates: (1) are appurtenant to, • and burden and benefit the Property; (2) bind successive Unit Owners; and (3) run with the Property and are transferred with and included in the sale, conveyance, or transfer of a Unit, regardless of whether 1 • 0 the instrument transferring the Unit mentions them or not(a sale, conveyance,or transfer of a Unit, • whether voluntary, by court order, by operation of law, or otherwise, a "Transfer";the transferee under a Transfer,the "Transferee";the transferor under a Transfer, regardless of whether the Unit Owner or another party with the power and authority to Transfer the Unit is making the Transfer,the "Transferor"; the instrument that accomplishes the Transfer, regardless of the title of the Transfer instrument, a "Deed"). 1.4 Transfers.A Transfer occurs upon recording the Deed in the records of the office of the Gallatin County Clerk and Recorder, regardless of who records the Deed (that office,the "Recording Office"). When the Transfer occurs, and regardless of whether the Transferee signs the Deed or not,the Transferee: (1) accepts the Deed; (2) becomes the Unit Owner; (3) becomes bound by this Declaration; and (4) makes the acknowledgements this Declaration says the Unit Owner makes. If any issue arises between a Transferor and a Transferee about a Transfer,those parties shall resolve it between one another and pending that resolution,the Transferee is.the Unit Owner for purposes of this Declaration. No Unit Owner may avoid the Unit Owner's obligations under this Declaration: (1) regardless of the form in which the Unit Owner owns the Unit; or(2) by nonuse, waiver, abandonment,withdrawal, or otherwise. A Transfer does not relieve the Transferor from liability under this Declaration for matters or obligations occurring when the Transferor was a Unit Owner. 1.5 Ownership.As of the Declaration Date,the Declarant owns all the Units. Unit Owners can own Units in any form of ownership the Act allows. Owning a Unit entitles the Unit Owner to exclusively own and possess the Unit Owner's Unit. 1.6 Mortgages.The Unit Owner may allow lenders to encumber the Unit Owner's Unit with a mortgage,trust indenture, or similar lien instrument (each, a "Mortgage";the mortgagee, beneficiary or secured party under a Mortgage, a "Mortgagee";the Mortgage with the highest priority lien position on a Unit that one or more Mortgages encumber, a "Priority Mortgage";the holder of a Priority Mortgage, a "Priority Mortgagee").A Mortgagee is not an Owner but may become one as the Transferee under a Deed recorded with the Recording Office. For this Declaration: (1)the purchaser of a Unit under an installment contract,contract for deed, land contract,or other similar instrument(each,a "Land Contract") becomes the Unit Owner upon recording the Land Contract with the Recording Office; and (2) the Association shall treat(i)the Land Contract as a Mortgage,and (ii)the seller under the Land Contract as a Mortgagee. 1.7 Association.The Declarant created the Bridger View Condominium Unit Owners Association, a Montana nonprofit corporation (the "Association") by filing the Association's articles of incorporation with the office of the Montana Secretary of State (those articles of incorporation,the "Articles";the Association's board of directors,the "Board"; a director on the Board, a "Director"; each Board officer, an "Officer").The Association is a mutual benefit corporation with members and its members are the Unit Owners (the "Members";the rights and obligations a Member has as a Member, a "Membership"). The Association is the organizational form this Declaration adopts as the mechanism through which the Unit Owners will act in a group as Members of the Association to govern, operate, regulate, and administer the Project as Members(those activities,the "Association Purpose").The Declarant recorded the Association's bylaws in the records of the Recording Office concurrently with recording this Declaration (the "Bylaws").The Association may engage and pay a manager as the Act allows to administer and manage day-to-day Project operations(the "Manager").The Manager shall act under the Board's oversight and with the authority the Board delegates as it determines in its discretion. • 2 • • • 1.8 Compliance.The ownership of a Unit is subject and subordinate to, and each Unit Owner shall follow(these instruments,the "Governing Documents"): (1)this Declaration; (2)the rules, policies, and regulations for the use,operation, maintenance, and other aspects of the Project the Declarant or the Association adopt (the "Regulations"); (3)the Articles and Bylaws; (4)the restrictions and conditions in the Deed; and (S)other covenants,conditions, or restrictions affecting the Property.The Governing Documents govern the operation of the Project and determine the rights and obligations of the Unit Owners and the Association. Each Unit Owner shall cause the Unit's occupants and the guests,visitors, invitees,tenants, and licensees of the Unit Owner and those of the Unit's occupants to follow the Governing Documents(those parties collectively,together with the Unit Owner,the "Unit Owner Parties").The Association will adopt fine schedules for violations of the Regulations (the "Fine Schedule";the fines, penalties, and late fees in the Fine Schedule, "Fines"). If a Unit Owner violates a Governing Document,the Association may pursue remedies and may exercise them concurrently, alternatively, or cumulatively. If the Association elects not to pursue a violation, any Unit Owner or Unit Owners may do so. Article 2: Project Development 2.1 Development Period.The Declarant shall have complete control of the Project until it Transfers all the Homes (the time from the Declaration Date until that occurs,the "Development Period"). During the Development Period,the Declarant shall have complete control of the Project.That control is necessary to protect the Declarant's interests in completing the Project and making Transfers.The Unit Owner acknowledges the Development Period is a reasonable amount of time for the Declarant to protect those interests. In determining the Development Period,Transfers to an entity or entities in • which the Declarant or any of its owners has a direct or indirect ownership interest do not constitute a Transfer. 2.2 Building Amendments. Within 30 days after completing each Building,the Declarant shall record an amendment to this Declaration (a "Building Completion Amendment"). It is unnecessary to record a Building Completion Amendment for Buildings the Declarant completes before the Declaration Date because the Floor Plans already accurately reflect those Buildings as built as of the Declaration Date.The Building Completion Amendment shall include: (1) an updated Site Plan if the Site Plan attached to this Declaration does not accurately reflect the Project as built; (2) updated Floor Plans if the Floor Plans attached to this Declaration do not accurately reflect the Building as built; and (3)the certificate for the Floor Plans or updated Floor Plans, which the Act requires certifying the accuracy of the Floor Plans or updated Floor Plans. 2.3 Declarant Powers. During the Development Period,the Declarant shall have (the following rights and powers,the "Declarant Powers"): (1) control of developing the Project; (2)the power, authority, rights, and obligations this Declaration gives to the Association or the Declarant; (3)the right to enforce the Governing Documents in the same manner as the Association; and (4)the right to establish servitudes affecting the Property consistent with the nature, development,theme, or purpose of the Project.The Declarant may exercise the Declarant Powers without the consent of the Association or the Unit Owners, and the Declarant Powers belong exclusively to the Declarant during the Development Period, which will exercise them in its capacity as the Declarant, not for or on behalf of the Association. Until the Development Period ends: (1)the Association will operate but has no power to act • under this Declaration unless the Declarant delegates authority to the to the Association enabling it to do so; (2)the Association will act under the Governing Documents, but only to the extent doing so follows and does not usurp the Declarant's right to exercise the Declarant Powers; and (3)the Declarant 3 • • may engage a manager either directly or through the Association to administer and manage the day-to- day operations of the Project.The Declarant Powers under the sections with the descriptive headings Modifying Regulations, Modifying Declarations, and Modifications are non-delegable and regardless of the authority the Declarant delegates to the Association,the manager, or others,the Declarant keeps ,the Declarant Powers for the Development Period. If the Declarant delegates authority to the Association or the manager during the Development Period,the Declarant may rescind or change that authority. Once the Development Period ends, or sooner with the Declarant's consent: (.1)the Association shall thereafter fulfill the Association's obligations under this Declaration; and (2)the Declarant will have no further obligations under this Declaration, other than those it has as a Unit Owner while it owns a Unit. 2.4 No Representations.The Unit Owner acknowledges that the Declarant, nor anyone acting or purporting to act on the Declarant's behalf, made no representations or warranties to the Unit Owner about the Project,the Property, or the Unit Owner's Unit. If the Declarant is the Transferor, representations or warranties from the Declarant to the Transferee, if any, are in (the following documents,the "Transfer Instruments"): (1)the sale and purchase agreement for the Unit; (2)the Deed; or(3) both documents.The Transfer Instruments are independent from this Declaration and the Declarant's violation of the: (1)Transfer Instruments does not violate the Governing Documents; and (2) Governing Documents does not violate the Transfer Instruments. Article 3: Property Components 3.1 Property Components.The Property consists of the Land, the Improvements, and that which is incidental or appurtenant to the Land.This Declaration creates the Units by subdividing the Property • into: (1) Units; and (2) common properties the Unit Owners own in common with one another that are appurtenant to the Units (those common properties,the "Common Elements";the undivided interest in the Common Elements appurtenant to a Unit,the "Common Elements Interest").The Unit includes the Common Elements Interest appurtenant to the Unit, and the Unit and appurtenant Common Elements Interest are inseparable from one another.The Common Elements consist of: (1)general common elements (the "General Common Elements";the undivided interest in the General Common Elements appurtenant to a Unit,the"General Common Elements Interest"); and (2) limited common elements (the"Limited Common Elements"; the undivided interest in the Limited Common Elements appurtenant to a Unit,the "Limited Common Elements Interest").The Improvements consist of: (1)the Units; and (2)the Common Elements not consisting of Land.The Common Elements consist of the Property outside the boundary of a Unit(the "Boundary").The General Common Elements and the Limited Common Elements shall remain separate from one another.The General Common Elements Interests and the Limited Common Elements Interests shall remain undivided. Unless the article with the descriptive heading Removal allows otherwise, no Unit Owner or Unit Owners may partition or subdivide Units or the Common Elements. 3.2 Unit Boundaries.The Unit consists of the block of airspace that the Boundary creates dividing the Unit from: (1) other Units; and (2)the Common Elements. The following interior, unfinished surfaces of a Unit form the Boundary: (1)the Unit's perimeter walls; (2)the floor or floors separating the Unit from (i)the Land, (ii) another Unit, or(iii) both; and (3) the Unit's ceiling or ceilings separating the Unit from (i)the roof of the Building in which the Unit is a part, (ii) another Unit, or(iii) both.The Improvements within the Boundary are part of the Unit and include: (1) paint and finishes on the interior walls, ceilings, and floors; (2) outlets; (3) cabinetry, appliances, and plumbing fixtures; and (4) • other Improvements within the Boundary. Notwithstanding the preceding sentences in this section,the 4 • exterior windows, screens, and doors of a Unit are within the Boundary of the Unit and are part of the Unit, not part of the Limited Common Elements. 3.3 General Common Elements.The General Common Elements are for the exclusive use and enjoyment of the Unit Owners, who shall use them in common with one another, but that use: (1) is subject to this Declaration; (2) shall be consistent with the function the General Common Elements customarily serve; and (3) shall not unreasonably obstruct the rights of the other Unit Owners to use and enjoy(i)the General Common Elements, or(ii)their Units.The General Common Elements consist of the items the Act defines as being general common elements, excluding the Limited Common Elements. 3.4 Limited Common Elements.The Limited Common Elements associated with a Building are for the exclusive use and enjoyment of the Unit Owners owning Units in that Building, who shall use them in common with one another, except for the components of the Limited Common Elements associated with a single Unit that are for the exclusive use of the Unit Owner of that Unit (those exclusive components of the Limited Common Elements,the "Exclusive Use Limited Common Elements"). Using the Limited Common Elements: (1) is subject to this Declaration; (2) shall be consistent with the function the Limited Common Elements customarily serve; and (3) shall be so it does not unreasonably obstruct the rights of the other Unit Owners with Units in the Building to use and enjoy(i)the Limited Common Elements associated with the Building, and (ii)their Units.The Limited Common Elements consist of: (1) the parts of the Building outside of the Unit Boundaries of the Units in the Building; and (2)the other elements of the Building or relating to the Building that the Unit Owners with Units in that Building use in common with one another, but which Unit Owners owning Units in other Buildings do not use.The • Limited Common Elements making up the Exclusive Use Limited Common Elements consist of these items outside the Boundary of a Unit, but which serve a single Unit: (1) patios, decks, porches,and balconies; (2) the paved driveway associated with the Unit the Site Plan shows (the "Driveway"); (3) window frames, shutters, and awnings; and (4) entrances, doorframes, doorsteps, and stoops. 3.5 Percentages.The percentage of each Unit Owner's General Common Elements Interest is determined by applying the formula [X/Y], where for this formula X equals one,and Y equals the total number of Units.The percentage of the Limited Common Elements Interest of each Unit Owner owning a Unit in a Building with: (1)four Units is 25%; and (2)three Units is 33.3333%. Article 4: Easements 4.1 Common Elements Easements.The Declarant reserves, and this Declaration creates: (1) a nonexclusive easement in favor of and for the benefit of each Unit Owner to use and enjoy the General Common Elements, including the rights of ingress and egress; (2) a nonexclusive easement in favor of and for the benefit of each Unit Owner to use and enjoy the Limited Common Elements associated with the Unit Owner's Unit, but excluding the Exclusive Use Limited Common Elements not associated with that Unit Owner's Unit; and (3) an exclusive easement in favor of and for the benefit of each Unit Owner to use and enjoy the Exclusive Use Limited Common Elements associated with the Unit Owner's Unit. The Unit Owners shall exercise their easement rights under the preceding sentence in compliance with the Governing Documents.The Declarant reserves, and this Declaration gives,the Association the right to grant nonexclusive easements to others in,to, upon, across, above, and under the Common Elements for any reason the Association considers reasonable and for the benefit of the Unit Owners or the • Project. 5 4.2 Maintenance Easement.The Declarant reserves, and this Declaration creates, a nonexclusive easement for the benefit of the Unit Owners and the Project in favor of the Association for the Association to maintain, repair, replace, and reconstruct the Common Elements as this Declaration requires. 4.3 Utilities Easement.These items may penetrate a Unit's Boundary(the "Lines"): (1) electrical, gas,telephone, water, sanitary sewer, communications, and other utility lines; (2) heating,ventilation, and air conditioning equipment, ducts, and vents; and (3) other lines,wires, conduits, pipes, equipment, mechanical items, and other comparable items. Lines serving only one Unit are appurtenant to that Unit only. Lines serving more than one Unit are part of the Common Elements.The Declarant reserves, and this Declaration creates, a nonexclusive easement in favor of the Association upon, across, above, and under the Property for the Association to access, inspect, install, repair, maintain, and replace Lines for the benefit of the Unit Owners or the Project.The Unit Owners and the Association shall: (1) attempt to install, repair, maintain, and replace Lines in a manner that does not unreasonably interfere with a Unit Owner's use and enjoyment of the Unit Owner's Unit; and (2)try to install Lines (i) within walls, and (ii) in spaces outside the Boundary. 4.4 Support Easement.The Units and the Common Elements receive structural and mechanical support from one another, and the Units also receive structural and mechanical support from other Units (collectively, "Support"). Structural Support occurs through columns, beams, walls,floors, foundations,and other structural components and systems of the Project. Mechanical Support occurs through the provision of utilities, heating,venting, air conditioning,fire suppression, and other mechanical components and systems of the Project.The Declarant reserves, and this Declaration creates, a nonexclusive reciprocal easement of Support for the benefit of the Unit Owners and the • Project. 4.5 Encroachment Easement. If Common Elements encroach upon a Unit,there is an easement in favor of and for the benefit of the Unit Owners and the Project: (1)for the encroachment; (2)for the Association to access, maintain, repair, and replace the encroaching Common Element; and (3) if the encroaching Common Element is an Exclusive Use Limited Common Element,for the Unit Owner benefitting from the encroaching Exclusive Use Limited Common Element to access, maintain, repair, and replace the encroaching Exclusive Use Common Element. If a Unit encroaches upon Common Elements or another Unit,there is an easement in favor of and for the benefit of the Unit Owner of the encroaching Unit: (1)for the encroachment; and (2)to use, access, maintain, repair, and replace the encroaching components of the Unit. 4.6 Right of Entry.The Association may enter Units in the case of an emergency to try to mitigate the emergency. Article 5: Use 5.1 Use.The Unit Owner shall: (1) use the Unit for residential purposes only; and (2) not engage in activity in the Unit that diminishes the residential character of the Project. In owning and using the Unit, the Unit Owner shall: (1) comply with all laws, statutes, codes,ordinances, orders, permits, licenses, rules, and regulations, whether local, state, or federal (the "Laws"); (2) use the Unit so it does not cause harm to others or create a nuisance; and (3) not commit waste to or obstruct the Common Elements. The Board, in its reasonable discretion,shall determine whether a use is creating a nuisance or is • creating an annoyance. In making that determination,the Board shall do so from the perspective of a 6 • • reasonable person, and not from the perspective of an overly sensitive person. Creating a nuisance violates this Declaration but creating an annoyance does not. Nuisances include, but are not limited to: (1)these items migrating outside the Boundary or outside the Exclusive Use Limited Common Elements (i) smoke and smoke odors, (ii) offensive, pungent,or obnoxious odors, and (iii) unreasonably loud or persistent noise; (2) unsanitary conditions in a Unit that may attract or harbor insects, rodents, or disease; (3) personal property on or within the Exclusive Use Limited Common Elements creating an unsightly or unkempt appearance; (4) engaging in activity that may or does adversely affect the health or safety of others; (5) matters that unreasonably interfere with a Unit Owner's use and enjoyment of the Unit or the Common Elements; and (6)violating the other provisions of this Article.The Unit Owner Parties shall smoke nowhere on the Property other than within the Unit Boundary, except smoking within the Boundary is subject to the preceding sentence. 5.2 Leasing.This Declaration regulates the rental, lease, sublease, lodging, and license of all or any part of the Unit, whether nightly, weekly, or otherwise, and whether the Unit Owner receives or does not receive consideration (collectively, any such activity, a "Lease";the tenant under the Lease,the "Tenant";the lessor under the Lease,the "Landlord").A Unit Owner may Lease the Unit, but only if the Lease does not cause 50%or more of the Units to be subject to a Lease (the "Lease Threshold"). A Lease that causes the Project to violate the Lease Threshold is void. If a Unit Owner wants to enter a Lease (a "Proposed Lease"),the Unit Owner shall make a request to the Association and provide the Association with information about the Proposed Lease the Association requests.The Association shall keep a list of Leases to ensure Proposed Leases will not violate the Lease Threshold. If the Proposed Lease will: (1) not violate the Lease Threshold,the Association will approve it; or(2)violate the Lease Threshold,the Association will deny it.The Association: (1)shall manage Proposed Leases on a first-come first-served • priority basis; and (2) may adopt Regulations for the Leases, including Regulations limiting the length of Lease terms.When the Association approves a Lease,the Lease is subject and subordinate to this Declaration and that approval does not equate to the Landlord or the Tenant filing the Lease with the presiding officer of the Association (a "Lease Filing"). Unless the Landlord or the Tenant makes a Lease Filing,the Association need not recognize the Tenant as the Unit Owner or for any other purpose. No Landlord or Tenant may make a Lease Filing without Association approval. If the Association approves a Lease Filing: (1) it will treat the Tenant as the Unit Owner during the Lease term; and (2)the Landlord and the Tenant are jointly and severally liable for the obligations a Unit Owner has under this Declaration. If any Unit Owner Parties do not follow the Governing Documents,then regardless of what the Lease states the Association may: (1)terminate the Lease itself and evict the Tenant(a "Lease Termination"); or(2) direct the Landlord to terminate the Lease and the Landlord shall terminate it and evict the Tenant.The Landlord designates the Association as the Landlord's agent to act in the Landlord's place to carry out a Lease Termination and grants the Association the power and authority to do so, including to make releases and start or defend Proceedings relating thereto. Because the Association has an interest in the Lease Termination,the Landlord acknowledges power of attorney in the immediately preceding sentence is coupled with an interest. It follows that in addition to any other consequences under the Laws, that power of attorney is irrevocable and will survive the Landlord's death or incompetence.The Landlord shall indemnify the Association,the Board,the Officers (collectively,the "Association Parties"),the Manager, and the Declarant for damages, claims, injuries, or losses(collectively, "Losses") any of them any of them suffer or incur arising from or relating to a Lease Termination, including for filing fees, court costs, arbitration fees,witness fees, and attorneys' and other professionals'fees and disbursements any of them incur in a Proceeding (collectively,the "Legal Expenses"). Because the Lease is subject and subordinate to this Declaration, by entering the Lease the Tenant acknowledges: (1) it has no cause of action against the Association for matters arising from or relating to a Lease Termination; and (2) shall pursue such claims against the Landlord.The Association 7 • • has no obligation carry out a Lease Termination, but it may do so, and if it does,the Landlord shall pay for the expenses the Association incurs. 5.3 Parking.There are four places a Unit Owner may park motor vehicles on the Property: (1)on an exclusive basis, in the (i) Driveway associated with the Unit Owner's Unit, and (ii)garage associated with the Unit Owner's Unit (the "Garage"); and (2) on a non-exclusive basis, on (the"Common Parking Areas") (i)the streets associated with the Project the Site Plan shows, subject to parking restrictions or prohibitions that apply to those streets, and (ii)the portions of the General Common Elements the Site Plan designates as unreserved parking spaces for parking motor vehicles, if any.The Unit Owner shall not: (1) park operable licensed motor vehicles in the Common Parking Areas for more than 48 hours in any consecutive 14-day period; or(2) park or store inoperable or unlicensed motor vehicles in the Driveway or the Common Parking Areas for more than 48 hours in any consecutive 30-day period.The Unit Owner may park or store boats,watercraft, snowmobiles, all-terrain vehicles, dirt bikes, motorcycles,trailers, and other comparable items (collectively, "Recreational Vehicles") in the Garage. The Unit Owner shall not park or store Recreational Vehicles: (1) in the Common Parking Areas more than 48 hours in any consecutive 30-day period; (2) in the Driveway for more than 48 hours in any consecutive 14-day period; or(3) in either place for a cumulative total of more than 96 hours in any consecutive 30-day period. 5.4 Waste Disposal.The Unit Owner shall: (1) dispose of the Unit Owner's solid waste in a safe, sanitary and legal manner and not permit it to accumulate outside of the Unit's Boundary; (2) observe the solid waste requirements of the local municipality; (3) keep solid waste in containers and keep those containers within the Unit's Boundary except for eight hours before and after the regular garbage pick- up time occurs, unless there are common waste receptacles serving multiple Units, in which case the . Unit Owner shall keep containers within the Unit's Boundary unless emptying the containers into the common waste receptacles; and (4) handle solid waste so it does not (i) attract animals or insects, (ii) generate liquid runoff,or(iii) permit dissemination of paper and other lightweight solid waste. 5.5 Displays. Except for the following items,the Unit Owner shall not hang, display, attach, place, or affix anything outside the Unit Boundary without the Association's consent (the "Permitted Displays"): (1) seasonal decorations, so long as the Unit Owner promptly removes them after the applicable season; (2) signs on the Unit identifying the Unit designation,the Unit Owner,or both; (3) signs advocating the election, appointment, or defeat of a candidate for public office or the passage or defeat of a ballot issue, so long as the Unit Owner promptly removes them after the election or the matter concludes; and (4) signs advertising that the Unit is for sale. A Unit Owner may place Permitted Displays on the exterior of the Unit or on or within the Unit's Exclusive Use Limited Common Elements, but not on or within other Common Elements. Interior window coverings visible from the exterior of the Building shall be a neutral color and without pattern. 5.6 Animals. Unit Owners shall not keep or allow animals in the Unit Owner's Unit, except that the Unit Owner may keep cats or dogs(each, a "Pet"), so long as the number of Pets does not exceed two. Fish are not animals for purposes of this section.The Unit Owner shall immediately remove waste the Unit Owner's Pet leaves on or within the Common Elements, including on or within the Exclusive Limited Use Common Elements,and place the waste in: (1)the Unit Owner's garbage receptacle; or(2) another waste receptacle that is part of the Common Elements. 5.7 Storage.The Unit Owners shall not place or store personal property or other items on or in the Common Elements, except to the extent and in the manner this Declaration allows the Unit Owner to do 8 • • • so in relation to the Exclusive Use Limited Common Elements. 5.8 Exclusive Use Limited Common Elements.The Unit Owner shall: (1) keep the Exclusive Use Limited Common Elements in a safe and clean condition; (2) not use the Exclusive Use Limited Common Elements for storage; (3) not use, install, or place a hot tub,jacuzzi,whirlpool, or other comparable item on or within the Limited Common Elements; and (4) not use, keep or store wood burning stoves, fireplaces, or comparable devices on or within the Exclusive Use Limited Common Elements, but may use gas or electric barbecues on or within patios,decks, porches, or balconies that are part of the Exclusive Use Limited Common Elements if the surface of the Exclusive Use Limited Common Element is concrete. When using gas or electric barbeques,the limited migration of minor amounts of intermittent smoke is not a nuisance. Subject to this Declaration and the Regulations,the Unit Owner may keep door mats, patio furniture, plants, and other comparable and customary outdoor items on or within the Limited Use Common Elements associated with that Unit Owner's Unit. 5.9 Regulations.The Regulations apply to the matters in this article and other aspects of the Project.The Regulations and the Fine Schedule shall be (the following,the "Regulations Standard"): (1) reasonable and consistent with the rights and obligations this Declaration establishes; or (2) related to furthering a legitimate interest of the Project. When the Board adopts or changes the Regulations and the Fine Schedule, it shall notify the Unit Owners about them and when they become effective. In a judicial, non-judicial, administrative, or arbitration action, suit, claim, investigation, or proceeding(a "Proceeding") arising from or relating to a Regulation,the Fine Schedule,or a Fine: (1)the Association shall have the benefit of the legal presumption that the matter in question meets the Regulations Standard,which the Unit Owner must then overcome with clear and convincing evidence that • Regulation, Fine Schedule,or Fine is not arbitrary and capricious; and (2) determining whether a matter in question meets the Regulations Standard shall be from the Board's perspective, not from the perspective of the objecting Unit Owner.The Unit Owner acknowledges that in any such Proceeding,the Unit Owner would want the court or other decision-making body to apply the principles in the preceding sentence and strictly construe them. Article 6: Maintenance and Alterations 6.1 Unit Owner Maintenance.At the Unit Owner's expense and in a reasonably timely fashion,the Unit Owner shall: (1) regularly maintain and repair the Unit and the Exclusive Use Limited Common Elements associated with the Unit; (2) as needed, make replacements to the Unit and the Exclusive Use Limited Common Elements associated with the Unit; (3) keep the Unit and the Exclusive Use Limited Common Elements associated with the Unit in a safe, sound, sanitary, and habitable condition; (4) maintain, repair, replace, and reconstruct the Lines appurtenant to the Unit that are not Common Elements; (5) repair, replace, or reconstruct damage within the Unit's Boundary and damage to the Exclusive Use Limited Common Elements associated with the Unit, or(iii) ; and (6) promptly remove snow and ice from the Exclusive Use Limited Common Elements associated with the Unit.The Unit Owner shall not allow construction liens to attach to the Unit or the Project. If the Unit Owner does not fulfill the Unit Owner's obligations under this section,the Association has no obligation to do so but it may do so. If the Association fulfills those obligations,the Unit Owner shall pay for the expenses the Association incurs. • 6.2 Unit Owner Alterations.The Unit Owner may paint,tile, paper, carpet and otherwise maintain, refinish, and decorate within the Unit's Boundary.The Unit Owner shall not: (1) change the Boundary; (2) do anything that affects the structural integrity or the mechanical integrity of the Unit or the 9 i Common Elements; or(3) except as the article with the descriptive heading Use permits, change, alter, • remodel, repair, or replace anything outside of the Unit's Boundary without Association consent. 6.3 Association Maintenance.The Association shall: (1) maintain, upkeep, repair, replace, and reconstruct the Common Elements, but not the Exclusive Use Limited Common Elements; and (2) repair, replace, or reconstruct damage to the Common Elements.The Association's maintenance obligations include but are not limited to: (1) landscape care and maintenance; and (2)snow removal but excluding snow removal from the Exclusive Use Limited Common Elements.The Association, in performing its obligations under this section, shall ensure the Common Elements are safe, sound, attractive, and shall try to prevent the Common Elements from unnecessarily deteriorating. 6.4 Alterations and Acquisition.With the approval of the Members,the Association has the right to: (1) make substantial alterations, improvements, and replacements to the Common Elements; and (2) acquire real property, either in the name of the Association, as part of the Common Elements, or both. 6.5 Materials.When performing an obligation under this article,the party doing so shall: (1) use materials of similar quality, shade, and design as the original Improvements; and (2)substantially adhere to the plans and specifications for the original Improvements. Article 7:The Association 7.1 Membership. Upon becoming a Unit Owner,the Unit Owner becomes a Member and the Membership continues until a Transfer of the Unit Owner's Unit occurs.The Membership and the Unit are inseparable from one another and a transfer of a Membership that does not occur with a Transfer is • void. If a Unit has co-owners, each of those co-owners is a Member, but may cast only one vote between them on matters about which Members may vote.The Association will have no Members other than Unit Owners. No Member may: (1)waive or disavow a Membership; (2) resign as a Member; or(3) pledge or encumber a Membership. No Member may enter a voting agreement with another Member about Association matters. 7.2 Bylaws.The Bylaws are the Association's internal governance rules for regulating and managing Association affairs.The Act requires the Bylaws to address certain matters better suited for, and therefore and included in,this Declaration.To address those matters in the Bylaws as the Act requires, the Bylaws incorporate the following Declaration provisions by reference (the"Incorporated Declaration Provisions"): (1)the parts of the article with the descriptive heading Maintenance and Alterations addressing the maintenance, upkeep, and repair of the Common Elements; (2)the parts of the article addressing the collection of Common Expenses; and (3)the method of adopting and amending Regulations. 7.3 Power.The Association has the power(the following,the "Project Powers"): (1)to operate, regulate, and administer the Project; (2)the Act gives an association of unit owners; (3)the Nonprofit Corporation Act gives a nonprofit corporation; (4)this Declaration gives the Association; and (5)to enforce the Governing Documents.The Association shall use the Project Powers: (1) reasonably; (2)to conduct its business and affairs to further the Association Purpose; (3) in a manner consistent with the Governing Documents; and (4)with the intent of treating Unit Owners fairly.The Association shall exercise the Project Powers under the authority it receives through (the act of exercising Project Powers, an "Association Action"): (1) Member approval under the procedures the Bylaws require • ("Member Approval"); or (2) Board approval under the procedures the Bylaws require ("Board 10 • • • Approval"). If there is: (1) Member Approval for an Association Action,the Board shall carry it out; or(2) Board Approval for an Association Action,the Board shall cause the Officers,the Manager,or others to carry it out.The Association shall regulate and manage its affairs under the Board's direction and unless this Declaration or the Bylaws require Member Approval,the Association may take Association Action upon receipt of Board Approval.The matters requiring Member Approval are: (1) merging, selling, or consolidating the Association; (2) dissolving the Association or otherwise causing the Association to cease operations; and (3)those elsewhere in the Bylaws or the Declaration requiring Member Approval. The Unit Owners take Association Action in their capacities as Members, not individually or collectively in their capacities as Unit Owners. Only certain matters require approval from the Unit Owners in their capacities as Unit Owners (that approval, "Unit Owner Approval").This Declaration and the Bylaws address the matters requiring Unit Owner Approval and in addressing them they state the threshold of Unit Owners necessary to achieve Unit Owner Approval. If a Unit has co-owners,the Unit Owners that co-own the Unit collectively count as one Unit Owner in determining the Unit Owner Approval threshold, and approval by one co-owner of a Unit is the approval of all co-owners of the Unit. 7.4 Board.The Board shall cause the Association to fulfill the following Association obligations: (1) perform the maintenance, upkeep, repair, replacement, and reconstruction of the Common Elements as this Declaration requires; (2) prepare and approve Association budgets and financial statements; (3) approve plans for the maintenance, upkeep, repair, replacement, and reconstruction of the Common Elements; (4) make, charge, collect, manage, and disburse (i) assessments the Association makes (the "Assessments"), (ii)fees the association charges for services or for the use of the Common Elements (the "Fees"), and (iii) Fines the Association issues; (5)fulfill other obligations it has under this Declaration; and (6) enter contracts, opening bank accounts, and collecting and expending funds • consistent with the forgoing. 7.5 Association Statements.The Unit Owner acknowledges that: (1)the Association, nor anyone acting or purporting to act on the Association's behalf, makes any representations or warranties about the Project,the Property, or the Unit Owner's Unit; and (2) representations or warranties about the Project, if any, are in the Transfer Instruments and the Association is not a party to them. Article 8: Lenders 8.1 Lender Information. Upon the Mortgagee's written request to the Association,the Association will provide the Mortgagee with information about: (1)Association liens; (2) Unit ownership; and (3) other reasonable information the Mortgagee requests.The Association has no ongoing obligation to supply the information in the preceding sentence but will supply it each time a Mortgagee requests it. 8.2 Lender Provisions.The section with the descriptive heading Association Lien addresses the notice and cure rights Mortgagees have for Association liens.The insurance provisions of this Declaration address: (1)the notices the Mortgagees will receive for the lapse, cancellation, or material modification of insurance policies the Association maintains; (2)the Mortgagees' rights as a loss payee for insurance purposes and the notices and information the Association will provide; and (3) how the Unit Owner and the Mortgagees determine entitlement to insurance proceeds.The section with the descriptive heading Condemnation describes the notice the Mortgagees will receive if a condemnation Proceeding occurs and how the Unit Owners and the Mortgagees determine entitlement to the proceeds.The article with the descriptive heading Removal addresses providing notice to the Mortgagees and obtaining their consent before removing the Property from the Act and the section with the descriptive heading Lender Consent addresses the Declaration amendments requiring 11 r Mortgagees consent. '' • Article 9:Assessments 9.1 Power to Raise Funds. Part of the Project Powers include the Association's power to raise the funds for the Association to carry out its functions.The Association may raise those funds by levying- Assessments against the Units, charging Fees, or both. Fees must be related to the costs of providing the service, providing and maintaining thetommon Elements, or the value of the use or service.To avoid a special Assessment if reserves and regular Assessments are insufficient,the Association may borrow money, but it may not assign future revenue or grant a security interest in the Common Elements to secure a loan without Member Approval. 9.2 Expenses.Through the Assessments, Fees, or both,the Unit Owners shall pay the common • 3 expenses of the Project,which consist of(the "Common Expenses"): (1)the expenses the Act states are common expenses; (2)the Manager's fees; (3)Association insurance premiums; (4)taxes the Association pays; (5)the cost of funding reasonable reserves; and (6) other expenses the Association incurs in fulfilling its obligations under the Governing Documents, enforcing the Governing Documents, and in conducting its affairs.The Common Expenses will consist of: (1)the Common Expenses associated with the Limited Common Elements of a Building(the "Limited Common Expenses"); and (2) Common Expenses that are not Limited Common Expenses (the "General Common Expenses").The Unit Owner acknowledges that despite the breadth of the Common Expenses,they are common expenses under the Act. By resolution at a Board meeting;the Board shall fund the Common Expenses by assessing(the Unit Owner's share of the assessment,the"Assessment Share"): (1)General Common Expenses based upon the Unit Owner's General Common Elements Interest; and (2) Limited Common Expenses based upon • the Unit Owner's Limited Common Elements Interest.The Board may use estimates to determine Assessment Shares but makes no representation to the Unit Owners about the accuracy of those estimates. If a Transfer occurs,the Transferee is jointly and severally liable with the Transferor for the Assessment Share owing at the time of the Transfer. 9.3 Individual Unit Expenses. Certain matters are not General Common Expenses or Limited Common Expenses, but expenses associated with or attributable to a specific Unit or Unit Owner(the "Individual Unit Expenses"). Individual Unit Expenses include: (1) expenses relating to the Exclusive Use Limited Common Elements; (2) Fines; (3) expenses the Association incurs in fulfilling obligations the Unit Owner has but fails to fulfill; (4) damages, claims, and losses the Association, other Unit Owners, or the Project incur due to(i)the Unit Owner's violation of the Governing Documents, or(ii)the negligence, breach, or misconduct of the Unit Owner Parties. 9.4 Unit Taxes.The Unit Owner is responsible to pay, before they become delinquent, real estate taxes,assessments, and special improvement assessments a taxing authority makes directly against the Unit (collectively,the "Taxes"). 9.5 Reserves.The Association shall set up,fund, and maintain the following reserves through the Assessment Share (the "Reserves"): (1) an operational reserve to meet at least 10%of the Association's annual budget; and (2) an insurance deductible reserve sufficient to fund the Association's insurance deductibles.The Association may fully fund the Reserves over the course of five years, or longer if the Board determines a longer time is reasonable. 9.6 Invoices.The Association shall collect the Assessment Share and Individual Unit Expenses b P Y 12 • • • sending invoices to the Unit Owners (each, an "Invoice";the date of an Invoice,the "Invoice Date";the date an Invoice becomes due,the"Due Date"; a Unit Owner that does not timely pay an Invoice, a "Delinquent Owner"). The Association shall state the Due Date on each Invoice,which must be at least 30 days after Invoice Date unless the Invoice is for Individual Unit Expenses, in which case the Association may use an earlier Due Date.The Board may make Assessment Shares and Individual Unit Expenses payable in a single installment or in monthly, quarterly, or other periodic installments and may use different periodic installments for Assessment Shares than it uses for Individual Unit Expenses. No Unit Owner is exempt from the Assessment Share or the Individual Unit Expenses,whether by waiver of the use of the Common Elements, abandoning the Unit, or otherwise. 9.7 Payment. Each Unit Owner that owns a Unit as of an Invoice Date is personally obligated to pay (the "Expenses"): (1)the Assessment Share associated with the Unit Owner's Unit; (2) Individual Unit Expenses the Unit Owner owes; (3) out-of-pocket expense the Association incurs in any Proceeding, including court filing fees, court costs, arbitration fees,witness fees, and attorneys' and other professionals'fees and disbursements (collectively,the "Legal Expenses") related to collecting or attempting to collect that Assessment Share or those Individual Unit Expenses; and (4) interest on the forgoing that accrues after the Due Date until paid in full at the non-usurious rate the Board establishes under the Regulations(the "Default Rate"; interest accruing at the Default Rate,the "Default Interest"). If a Unit has more than one Unit Owner: (1)they are jointly and severally liable to pay the Expenses; and (2)the Association has no obligation to resolve any dispute between them. 9.8 Association Lien.When the Association or the Manager records a claim for Expenses with the Recording Office as the Act allows, the Expenses become a lien against the corresponding Unit (the lien • the claim creates, "Association Lien").The Association Lien is a continuing lien on the Unit for Default Interest and Legal Expenses that accrue after the Association Lien attaches to the Unit.The Association: (1) may foreclose the Association Lien as the Act allows; (2) may foreclose the Association Lien as if it were a Mortgage; or(3)exercise other remedies to collect the Expenses.The Association may exercise those remedies concurrently, alternatively, or cumulatively.An Association Lien has priority over other liens encumbering a Unit except: (1) liens for Taxes; and (2) a Priority Mortgage a Mortgagee records with the Recording Office before the Association Lien attaches to the Unit. If the Association forecloses an Association Lien, each Mortgagee will receive notice of the Proceeding and can cure the default causing the Association Lien as the Act or other Laws allow. 9.9 Delinquency Notice. If a Unit Owner becomes 60 days delinquent in paying Expenses,the Association or the Manager shall notify the Mortgagees holding Mortgages on the Unit Owner's Unit and in that notification provide a statement summarizing the delinquency. Article 10: Insurance 10.1 Unit Insurance.The Unit Owner shall obtain, pay for,and continuously keep a walls-in insurance policy covering the Unit and the Unit Owner's liability(collectively,the "Unit Insurance"). At the Unit Owner's option and expense, the Unit Owner may obtain insurance coverage for the Unit Owner's personal property and other excess or additional insurance coverage. As part of the Regulations,the Association shall set the minimum Unit Insurance requirements and periodically review the amounts, limits, and types of Unit Insurance coverage it will require the Unit Owners to carry.The • Association is not liable to the Unit Owner or others if the Unit Insurance is insufficient. Each Unit Owner shall regularly and promptly give the Association copies of certificates of the Unit Insurance policy confirming the Unit Owner is following the Unit Owner's obligations under this section. If the Unit 13 Owner does not obtain and keep the Unit Insurance,the Association has no obligation to do so but may. • If the Association obtains Unit Insurance the Unit Owner does not obtain or keep,the cost of the premiums and other expenses the Association incurs are Individual Unit Expenses. 10.2 Master Insurance.Acting as the agent of the Unit Owners,the Association shall obtain and continuously maintain a master insurance policy or polices covering the Project consisting of(whether one or more policies,the "Master Insurance"): (1) property insurance covering the Common Elements; (2) commercial liability insurance; (3)fidelity or other comparable insurance; (4) directors and officers insurance covering the Directors, Officers, and others; and (5)other insurance coverage the Board determines is necessary or prudent.The Master Insurance shall: (1) be with actuarially sound insurers with authority to issue insurance policies in Montana; (2) have commercially reasonable limits; (3) be consistent with the insurance coverage of projects similarly situated to the Project; (4) name the Association as the insured; and (5) may name the Manager as an additional insured.The Board shall periodically review the Master Insurance coverage and make changes, adjustments, or additions it believes are necessary or prudent.The Unit Owners shall not engage or fail to engage in activity that causes or may cause the Master Insurance premiums to increase or that causes or could cause the carrier or carriers to cancel the Master Insurance.The Association is not liable: (1) if the Master Insurance coverage is insufficient; or(2)for not collecting Master Insurance Proceeds.The Unit Owner designates the Association as the Unit Owner's agent to act in the place of the Unit Owner on the following matters and grants the Association the power and authority: (1)to receive the Master Insurance proceeds and pay or expend them under the section with the descriptive heading Master Insurance Proceeds; (2) adjust claims the Master Insurance covers and to execute and deliver releases upon the payment of those claims; (3) otherwise address matters pertaining to the Master Insurance; and (4) sign contracts,give receipts, make releases, and start or defend Proceedings relating to the • matters in this sentence. Because the Association has an interest in those matters,the Unit Owner acknowledges that the power of attorney in the immediately preceding sentence is coupled with an interest. It follows that in addition to any other consequences under the Laws,that power of attorney is irrevocable and will survive the Unit Owner's death or incompetence. 10.3 All-In Coverage.The Association may obtain Master Insurance that includes Unit Insurance, in which case it shall have the same rights and obligations it has for Master Insurance (that combined insurance coverage,the "All-In Insurance"). If the Association obtains All-In Insurance,the Unit Owners: (1) have no obligation to obtain Unit Insurance; and (2) at their option and expense, may obtain insurance coverage for the Unit Owner's personal property and other excess or additional insurance coverage.The Association is not liable: (1) if the All-In Insurance coverage is insufficient; or(2)for not collecting All-In Insurance proceeds. 10.4 Loss Payees. Unit Owners may name Mortgagees as loss payees under their Unit Insurance. The Association has no obligation to name or try to name a Mortgagee as a loss payee or additional insured under the Master Insurance policy unless the Association obtains All-In Insurance, in which case and upon the request of the Unit Owner or a Mortgagee it will cause the carrier issuing the All-In Insurance to name the Mortgagee as a loss payee on the part of the All-in Insurance applicable to the Unit the Mortgage encumbers. Upon the request of a Unit Owner or a Mortgagee,the Association will supply proof the Master Insurance or All-in Insurance is in place and copies of the corresponding insurance certificate and policy.The Association has no ongoing obligation to supply the information in the preceding sentence but will supply it each time a Unit Owner or Mortgagee requests it. 10.5 . Master Insurance Proceeds. If there is damage or destruction to the Common Elements • 14 • . • (that event, a "Damage Event") and the Master Insurance covers any part of the loss from the Damage Event(the proceeds from the Master Insurance,the "Master Insurance Proceeds"),the Association shall use the Master Insurance Proceeds to repair, reconstruct, or replace the Common Elements (that expense,the"Damage Expense"), and if the Master Insurance Proceeds are insufficient to pay the estimated Damage Expense, the Association shall make Assessments to pay the difference using the same procedure it uses to make the Assessment Share (a "Damage Assessment").The Association shall distribute Master Insurance Proceeds and funds from the Damage Assessment using sound discretion and according to the agreements the Association enters with the parties making the repairs, reconstruction, or replacements. If Master Insurance Proceeds or Damage Assessment funds remain after the repairs, reconstruction, and replacements are complete and paid,the Association shall keep them for the use and benefit of the Unit Owners. 10.6 All-In Insurance Proceeds. If the Association obtains All-In Insurance: (1) it shall address a Damage Event and the All-In Insurance proceeds in the same way the section with the descriptive heading Master Insurance Proceeds requires; and (2) if there is damage to a Unit,the Association and the Unit Owners shall address it in the way the All-In Insurance policy requires. 10.7 Lender Notices.The Association shall promptly notify the Mortgagees: (1) if the Master Insurance or All-In Insurance lapses or is cancelled and in that notification provide the lapse or cancellation date and an explanation of how the lapse or cancelation occurred; and (2) about material modifications to the Master Insurance or All-In Insurance and in that notice describe of the modification. If the Association learns of a casualty loss affecting a material portion of: (1)the Project, it shall promptly notify(i)the Mortgagees, and (ii)to the extent the Mortgage contains the contact information, . the guarantors of those Mortgages(each, a "Mortgage Guarantor"); or(2) a Unit,the Association shall promptly notify(i)the Mortgagees holding Mortgages that encumber the affected Unit, and (ii)to the extent the Mortgages contain the contact information for the Mortgage Guarantors,the Mortgage Guarantors. Article 11: Removing Property from the Act 11.1 Removal. Removing the Property from the application of the Act(a "Removal') can occur through: (1)termination as the Act allows, and Unit Owner Approval for that purpose requires the written approval of all the Unit Owners; (2) obsolescence as the Act allows, and Unit Owner Approval for that purpose requires the written approval of 90%of the Unit Owners; (3) as the section with the descriptive heading Damage Event allows, and Unit Owner Approval for that purpose requires the written approval of 90%of the Unit Owners; and (4) as the section with the descriptive heading Condemnation allows, and Unit Owner Approval for that purpose requires the written approval of 75% of the Unit Owners.A Removal cannot occur: (1)for reasons other than those in the immediately preceding sentence; (2) by operation of law or inaction; (3) without the requisite level of Unit Owner Approval; and (4) without consent from (the following consents,the "Consents") (i) during the Development Period,the Declarant, and (ii) 75%of the Mortgagees holding Priority Mortgages. 11.2 Damage Event. A Removal due to damage to or destruction of the Property applies only to damage or destruction: (1)to the Common Elements; (2) insurance does not cover; (3) unrelated to the matters in the section with the descriptive heading Condemnation; (4)for which a Unit Owner or Unit • Owners are not the primary cause,or otherwise obligated to maintain, repair, replace, or reconstruct under this Declaration; and (5)that is substantial,which means that the damage or destruction, if left unrectified,would cause the fair market value of at least 25%of the Units in the Project to decrease by 15 • • at least 25%. If the level of damage or destruction meets the conditions in the preceding sentence,then • Removal requires Unit Owner Approval and the Consents. 11.3 Condemnation. If there is an award for damages in an eminent domain Proceeding,the Association and the Unit Owners shall apportion the award into three components (that Proceeding, an "Eminent Domain Proceeding";that award, an "Award"): (1)the damages attributable to a Unit and the Exclusive Use Limited Common Elements associated with that Unit, excluding damages attributable to the Common Elements other than to the Exclusive Use Limited Common Elements associated with that Unit(the "Unit Owner Damages"); (2)the damages to the Limited Common Elements, excluding damages attributable to the Exclusive Use Limited Common Elements, excluding Unit Owner Damages and Exclusive Use Limited Common Elements (the "Limited Common Elements Damages"); and (3)the damages to the General Common Elements(the "General Common Elements Damages"). If an Eminent Domain Proceeding occurs,the Property shall remain subject to the Act unless the Unit Owners approve the Removal with Unit Owner Approval and the Unit Owners obtain the Consents. 11.4 Condemnation Damages.The Unit Owner and the Mortgagee or Mortgagees holding Mortgages encumbering the Unit shall jointly receive the Unit Owner Damages and determine between one another entitlement to the proceeds as the Mortgage or Mortgages provide.The Association shall receive the Limited Common Elements Damages to reconstruct or replace the Limited Common Elements generating the Limited Common Elements Damages and distribute any funds left after doing so to the Unit Owners of the Units associated with the Limited Common Elements generating the Limited Common Elements Damages based upon their respective Limited Common Elements Interests. If that reconstruction or replacement is impossible or impractical, as the Association determines in its reasonable discretion,the Association shall distribute the Limited Common Elements Damages to the • Unit Owners of the Units associated with the Limited Common Elements generating the Limited Common Elements Damages based upon their respective Limited Common Elements Interests, in which case the Unit Owner and the Mortgagee or Mortgagees holding Mortgages encumbering the Unit shall jointly receive the Unit Owner's proportion of the Limited Common Elements Damages and determine between one another entitlement to the proceeds as the Mortgage or Mortgages provide.The Association shall receive the General Common Elements Damages to reconstruct or replace the General Common Elements generating the General Common Elements Damages and distribute any funds left after doing so to the Unit Owners based upon their respective General Common Elements Interests. If that reconstruction or replacement is impossible or impractical, as the Association determines in its reasonable discretion,the Association shall distribute the General Common Elements Damages to the Unit Owners based upon their respective General Common Elements Interests, in which case the Unit Owner and the Mortgagee or Mortgagees holding Mortgages encumbering the Unit shall jointly receive the Unit Owner's proportion of the General Common Elements Damages and determine between one another entitlement to the proceeds as the Mortgage or Mortgages provide. 11.5 Condemnation Notice. When the Association learns of the commencement of an Eminent Domain Proceeding affecting a material portion of: (1)the Project, it shall promptly notify(i)the Mortgagees, (ii)to the extent the Mortgage provides the contact information for the Mortgage Guarantors,the Mortgages Guarantors; or(2) a Unit,the Association shall promptly notify(i)the Mortgagees holding Mortgages encumbering the affected Unit, and (ii)to the extent the Mortgage provides the contact information for the Mortgage Guarantors,the Mortgage Guarantors. Article 12: Miscellaneous . 16 • • • 12.1 Recovery of Expenses. In any Proceeding between relating to or arising out of this Declaration,the party that recovers greater relief in the Proceeding(the "Prevailing Party") may recover from the other party, besides any other relief awarded,the Legal Expenses the Prevailing Party incurs. 12.2 Notices. Unless this section provides otherwise,for a notice or other communication under this Declaration to be valid, it must be in writing and delivered: (1) by hand; (2) by a national delivery company,with all fees prepaid; or(3) by registered or certified mail, return receipt requested and postage prepaid. For a notice or communication under the preceding sentence: (1) the Unit Owner is sending, the Unit Owner shall send it to the Association's then current address; or(2)to a Unit Owner, the sender shall send it to address of the Unit Owner's Unit. Notices or communications about matters the Bylaws address are valid if the Association makes them as the Bylaws require.A Unit Owner has valid notice of an Invoice if the party sending the Invoice delivers the Invoice to the Unit Owner: (1) in the manner the first sentence of this section requires; or(2) by regular mail to the address of the Unit Owner's Unit. Notices or communications about Leases, adopting or modifying Fines, or adopting or modifying Regulations are valid if the Declarant or the Association delivers them: (1) in the manner the first sentence of this section requires; (2) by regular mail by regular mail to the address of the Unit Owner's Unit; or(3) by email sent to the email address of the Unit Owner on file with the Association. By becoming a Unit Owner,the Unit Owner undertakes the obligation to keep a correct email address on file with the Association and to regularly check the Unit Owner's email account for notices or communications sent as the immediately preceding sentence permits. In any Proceeding arising from or relating to an improper communication or notice sent by e-mail under this section,the sender shall have the benefit of the legal presumption that delivering the notice or communication by email is a fair and reasonable manner of delivery,which the Unit Owner must then overcome with clear and convincing • evidence. 12.3 Service of Process.The name and address of the person to receive service of process for Meadowview Condominiums is the Association's registered agent listed in the records of the office of the Montana Secretary of State. 12.4 Assignment.The Declarant may assign all, but not less than all, of its rights and obligations under this Declaration (that assignment, an "Assignment";the assignee under an Assignment,the "Assignee";the assignor under an Assignment,the "Assignor"). An Assignee may make an Assignment in same way this Declaration permits an Assignor to make an Assignment. Under an Assignment: (1)the Assignee becomes the Declarant under this Declaration; (2)the Assignor is relieved of its obligations and liabilities under this Declaration; and (3)the Assignee assumes the Assignor's obligations and liabilities under this Declaration.The Assignee or the Assignor shall notify the Owners and the Association about the Assignment before or promptly after completing the Assignment. 12.5 Entire Agreement.This Declaration,which includes the attached Exhibits, sets forth the entire declaration for the Project under the Act. 12.6 Waiver. No waiver or satisfaction of a condition or failure to follow an obligation under this Declaration will be effective unless it is in writing and signed by the party granting the waiver, and that waiver will not be a waiver of satisfaction of another condition or failure to follow another obligation. The Declarant's or the Association's failure to seek redress for a Unit Owner's violation of this Declaration or insist upon strictly performing any term of this Declaration will not prevent the Declarant isor the Association from redressing a later violation or from thereafter insisting on strict performance. The Declarant's or the Association's failure to enforce this Declaration against a Unit Owner or Unit 17 Owners is not a waiver of its ability to enforce it against other Unit Owners. • 12.7 Severability.The Declarant intends: (1)that if any provision of this Declaration is held to be unenforceable,then that provision will be modified to the minimum extent to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (2) that if an unenforceable provision is modified or disregarded under this section,then the rest of this Declaration will remain in effect as written; and (3)that an unenforceable provision will remain as written in circumstances other than those in which the provision is held to be unenforceable.The Unit Owner acknowledges that the Unit Owner has the same intentions as the Declarant about the immediately preceding sentence. 12.8 Interpretation.The Unit Owner acknowledges that the Unit Owner does not intend that the presumptions of laws or rules relating to interpreting contracts against the drafter of any particular clause should be applied to this Declaration, and therefore waives their effects. 12.9 Governing Law. Montana law governs this Declaration.The Montana Nonprofit Corporation Act governs the Association. Because the Association is an organizational form facilitating the operation of the Project, if there is a conflict between the law governing this Declaration and the Montana Nonprofit Corporation Act,the law governing this Declaration controls. 12.10 Conflicts. If the article with the descriptive heading Project Development conflicts with another part of this Declaration or the other Governing Documents,the conflicting provision in the article with the descriptive heading Project Development controls. If this Declaration conflicts with the other Governing Documents,the conflicting provision in this Declaration controls. • 12.11 Liability. If the Association or the Declarant breaches an obligation it has under the Governing Documents (a "Breach of Contract"),the affected Unit Owner or Unit Owners may seek injunctive relief or monetary damages, but not both. If the affected Unit Owner seeks monetary damages: (1)the limit of the Declarant's liability for Losses arising from or relating to the Breach of Contract is$50,000, inclusive of any Legal Expenses the Unit Owner receives in the associated Proceeding (that amount,the "Liability Limitation"); and (2) the cumulative limit of the Association Parties' liability for Losses arising from or relating to the Breach of Contract is the Liability Limitation. No Unit Owners may bring a breach of contract claim against the Manager for matters arising from or relating to the Project because they are not in privity of contract with the Manager. Any such breach of contract claim belongs to the Association. Neither the Declarant nor the Association Parties will be liable for Losses any Unit Owner Parties incur arising from or relating to the negligence, breach, misconduct, action, or inaction of the Unit Owner Parties. If a Unit Owner or Unit Owners make a claim against the Declarant or any Association Parties for something other than Breach of Contract: (1)the limit of the Declarant's liability for Losses is the greater of(i)the Liability Limitation, or(ii)the insurance the Declarant has available that covers and pays the Losses; and (2)the cumulative limit of the Association Parties' liability for Losses is the greater of(i)the Liability Limitation, or(ii)the insurance the Association Parties have available that covers and pays the Losses. 12.12 Modifying Regulations.The Declarant or the Association may take these actions (each, a "Regulation Modification"): (1)waive, abandon, change, or amend the Regulations and the Fine Schedule; and (2) create new Regulations and Fines. During the Development Period the Declarant may make Regulation Modifications by amending the Regulations and Fine Schedule without Unit Owner or Association consent. If the Declarant makes a Regulation Modification,the Regulation Modification will 18 �I • not become effective until the Declarant notifies the Association.The Association shall then notify the Unit Owners about the Regulation Modification. Until the Development Period ends,the Association may not make a Regulation Modification without the Declarant's consent and any Regulation Modification the Association makes without that consent is void. Once the Development Period ends, or sooner with the Declarant's consent,the Association may make Regulation Modifications that meet the Regulations Standard with Board Approval.The Unit Owner acknowledges that because of the nature of the Regulations and Fine Schedule and the application of the Regulation Standards,the procedure and threshold of making a Regulation Modification is lower than the threshold for amending other parts of this Declaration,the Bylaws, or the Articles. 12.13 Modifying Declarations.The Declarant or the Association may take these actions (each, a "Declaration Modification"; a Regulation Modification, or a Declaration Modification,each, a "Modification'T (1)waive, abandon, change, or amend this Declaration; and (2)create new covenants, conditions, agreements, reservations, restrictions, and charges pertaining to the Project this Declaration does not address. During the Development Period,the Declarant has the right,without the consent of the Unit Owners or the Association to make Declaration Modifications. If the Declarant makes a Declaration Modification, it becomes effective when the Declarant records it in the records of the Recording Office. Until the Development Period ends the Association may not make a Declaration Modification without the Declarant's consent and any Declaration Modification the Association makes without that consent is void. Once the Development Period ends, or sooner with the Declarant's consent,the Association may make Declaration Modifications with Member Approval and that Declaration Modification will become effective when the Association records the Declaration Modification in the records of the Recording Office.The preceding sentence is inapplicable to: (1) • Building Completion Amendments,which may occur with Board Approval; or(2) Declaration Modifications(i)to the section with the descriptive heading Percentages, which may occur with Board Approval if the Modification relates to a Building Completion Amendment, but otherwise must occur with Unit Owner Approval of all the Unit Owners having an Common Elements Interest in the Common Element being altered, (ii) expanding the scope of the Common Expenses, which must occur with Unit Owner Approval of all the Unit Owners, and (iii)to the Incorporated Declaration Provisions because doing so has the effect of amending the Bylaws,which must occur with Unit Owner Approval of 75%or more of the Unit Owners. If a Declaration Modification requires and receives Unit Owner Approval,the Association shall record it with the Recording Office, and it will become effective upon recording. 12.14 Modifications.The Unit Owner acknowledges that: (1)this Declaration fairly apprises the Unit Owner about Modifications and how they will occur; (2) it is within the Unit Owner's reasonable expectation that Modifications will occur; (3)when Declarant or the Association, as applicable, follow the Modification procedures in this Declaration, doing so satisfies the Unit Owner's right to substantive due process; (4) by acquiring a Unit in a common-interest community,the Unit Owner is sacrificing individual freedom for the communal good of the Project and the ability to make Modifications is an integral part of that communal good; and (5) although certain Modifications require Unit Owner Approval,the Unit Owners cannot make Modifications in their capacities as Unit Owners because Modifications occur through Association Action.When the Association makes Modifications, it shall do so with the intent of treating Unit Owners fairly. Each of these Modifications are presumptively fair: (1) those applying uniformly to all Unit Owners; (2)those treating similarly situated Unit Owners equally; and (3)those that do not unfairly shift burdens or benefits from one group of Unit Owners to another. If a Modification is unfair,the Association must obtain the consent of the Unit Owners the Modification will adversely affect for the Modification to become effective. 19 • 9 12.15 lender Consent.The Declarant or the Association may make Building Amendments and • Regulation Modifications without Mortgagee consent.The Declarant or the Association may make Declaration Modifications without Mortgagee consent unless the Declaration Modification will have a material adverse effect on the Mortgage ("Mortgagee Consent Modifications"). If the Declarant or the Association wants to make a Mortgagee Consent Modification,the party wanting to do so shall notify each Priority Mortgagee (that notice a "Mortgagee Modification Notice";the date of the Mortgagee Modification Notice,the "Notice Date"). If a Priority Mortgagee holds more than one Priority Mortgage, the Priority Mortgagee shall receive a separate Mortgage Modification Notice for each Priority Mortgage. In determining the threshold of the number of Priority Mortgagees that must approve the Mortgagee Consent Modification for it to become effective, a Priority Mortgagee has one vote for each Mortgage Modification Notice it receives.The party sending the Mortgagee Modification Notice shall send it by regular mail to the Priority Mortgagees to their addresses in the Priority Mortgage and describe the proposed Mortgagee Consent Modification in the Mortgage Modification Notice. Within 60 days after the Notice Date, each Priority Mortgagee shall respond in writing to each Mortgagee Modification Notice saying whether it approves or disapproves of the proposed Mortgagee Consent Modification. Each Mortgagee Modification Notice to which a Priority Mortgagee does not timely respond counts as an affirmative vote in favor of the Mortgagee Consent Modification, but only if the Declarant or the Association sent the Mortgage Modification to the non-responsive Priority Mortgagees by certified or registered mail, return receipt requested.The Priority Mortgagees shall not unreasonably refuse to approve a Mortgagee Consent Modification. If more than one-half of the total votes the Priority Mortgagees may cast are affirmative votes for the Mortgagee Consent Modification, it becomes effective once the Declarant or the Association has the other approvals and consents to make a Declaration Modification. 12.16 Inapplicable Statute.The Act precludes the Association from entering, amending, or • enforcing a covenant, condition, or restriction affecting a Unit in a way that imposes a more onerous restriction on the types of use for the Unit than those existing when the Unit Owner acquired the Unit unless the Unit Owner agrees to it in writing when the Association adopts it(such an item, a "New Restriction"; the statutes in the Act addressing a New Restriction,the "Restriction Statute"). The Restriction Statue applies to homeowners' associations, making it inapplicable to the Declarant.The Declarant excludes the Project,the Property, this Declaration,the other Governing Documents,the Association, and the Unit Owners from the Restriction Statute.The Unit Owner acknowledges that: (1) the Restriction Statute is inapplicable to the Declarant; and (2) because of the preceding sentence,the Restriction Statute is inapplicable to the Project,the Property,this Declaration,the other Governing Documents,the Association, and the Unit Owners. 12.17 Unit Owner Waiver.This section addresses a scenario where a court of competent jurisdiction issues a final non-appealable decision (a "Final Judgment") declaring the section with the descriptive heading Inapplicable Statute unenforceable. If the Restriction Statute applies to this Declaration,the Unit Owner waives any advantage the Restriction Statute may afford the Unit Owner and acknowledges that if a Proceeding arises under this Declaration about the Restriction Statute,the Unit Owner would want a court to determine the Unit Owner's waiver is valid by applying these principles: (1)that in relation to the Proceeding,the Restriction Statute is solely for the Unit Owner's benefit; and (2)that in relation to the Proceeding,the Declaration is not for a public purpose, but it is a private land use planning contract affecting private parties,their private real property, and their freedom to privately contract. 12.18 Evidentiary Standards.This section addresses a scenario where a Final Judgment declares 20 • ' the section with the descriptive heading Unit Owner Waiver unenforceable.The Unit Owner acknowledges that for this Declaration: (1)the phrase more onerous in the Restriction Statute means a scenario where a New Restriction rises to a level of significance that would cause a reasonable person not to acquire a Unit because of the New Restriction when the reasonable person would have otherwise been willing to do so absent the New Restriction; (2) a New Restriction that applies to all Unit Owners is presumptively not more onerous on the Unit Owner; and (3) a New Restriction that does not unfairly shift burdens or benefits from one group of Unit Owners to another is presumptively not more onerous on the Unit Owner. In a Proceeding arising from or relating to the Restriction Statute: (1)the Association shall have the benefit of the legal presumption that (i)the New Restriction is not more onerous on the Unit Owner,which the Unit Owner must then overcome by clear and convincing evidence, and (ii) in exercising its power to adopt the New Restriction,the Association acted fairly and used its power reasonably,which the Unit Owner must then overcome by clear and convincing evidence that the New Restriction is not arbitrary or capricious; and (2)the Unit Owner must prove by clear and convincing evidence the New Restriction will materially injure the Unit Owner. For the preceding sentence, material injury means that applying the New Restriction will directly cause the fair market value of the Unit to decrease by 2S%or more.The Unit Owner acknowledges that in any such Proceeding,the Unit Owner would want a court to apply the principles in this section and construe them strictly. 12.19 Unit Owner Remedies. In any Proceeding a Unit Owner initiates relating to a New Restriction or the Restriction Statute, or that the Association initiates against a Unit Owner because the Unit Owner refuses to comply with a New Restriction: (1)the Unit Owner may seek injunctive relief or monetary damages, but not both; and (2) if the Unit Owner is not the Prevailing Party,the Unit Owner (i) will be in breach of this Declaration and liable for damage the breach causes, and (ii)shall indemnify the • Declarant,the Association,the Manager,the Board,the other Unit Owners, and the Mortgagees from all damages, claims, losses, and Legal Expenses any of them suffer or incur arising from or relating to the Proceeding, including but not limited to the uncertainty relating to the status of the New Restriction, diminution of the value of the Property, and lost or delayed Transfers. If the Unit Owner seeks injunctive relief,the Unit Owner shall post a bond or other security sufficient to cover: (1)the estimated Legal Expenses the Association will incur through Final Judgment; (2)the estimated damages the Association will receive if the Association is the Prevailing Party; and (3) the estimated amount of the Unit Owner's indemnification liability if the Unit Owner is not the Prevailing Party. If the Association is not the Prevailing Party in a Proceeding arising from or relating to a New Restriction or the Restriction Statute, the Association's liability for Losses is limited to the lesser of: (1) Liability Limitation; or(2)the decrease in the value of the New Restriction causes to the Unit Owner's Unit. [signature on the following pages] 21 The Declarant is signing this Declaration as of the Declaration Date. • Human Resource Development Council of District IX, Inc. By: Name: Title: G STATE OF MONTANA ) .ss County of Gallatin ) This instrument was acknowledged before me on , 2019, by as the of Human Resource Development Council of District IX, Inc. Print Name: Notary Public for the State of Residing at [SEAL] My Commission expires , 20 • 22 Member Approval until the Member or Member Designee returns but may present and discuss matters • for informational purposes. 2.4 Proxies. A Member or Member Designee may authorize someone other than the Member or Member Designee, on the Member or Member Designee's behalf,to: (1)vote on matters requiring Member Approval; (2) attend a Member meeting or meetings; or(3) both. For that to occur,the Member or Member Designee must first complete the Association's customary form of authorization or provide an alternative form of authorization acceptable to the Board. Article 3: Board of Directors 3.1 Board Composition.The Members shall elect the Directors at the annual Member meeting. Only Members and Member Designees may serve as Directors. Until the Development Period ends,the Board shall have three Directors but in the Declarant's discretion may have up to five Directors.After that,the Board shall have five Directors but may have as few as the Nonprofit Corporation Act allows if there are not enough candidates to fill the open Director positions. Without Member Approval,the Association shall not compensate Directors.The Board and the Directors have the duties the Declaration,the Articles, and these Bylaws prescribe. If those instruments are silent about a Board or Director duty,the Board and the Directors have the duty the Nonprofit Corporation Act prescribes to the Board or the Directors. 3.2 Director Terms.A Director's term on the Board is one year(a "Director Term"). A Director Term begins upon the Director's election or appointment to the Board and ends upon the earliest of these events to occur: (1)the election or appointment of the Director's successor to the Board; (2)when the • Director is no longer a Member; (3)the Members remove the Director by issuing a Member Approval removing the Director; or(4)the Director dies or resigns. No Director may serve more than five consecutive Director Terms.A Director may resign by notifying another Director in writing and the resignation becomes effective on the date that notice specifies. A Director that serves five consecutive Director Terms will again become eligible to be a Director after at least an 11-month break from serving as a Director. If a Director position becomes vacant,the Board shall fill the position for the rest of the unexpired Director Term. Filling an unexpired Director Term does not count toward the number of Director Terms a Director may serve. 3.3 Board Officers.The Board shall elect Directors to serve in the following Board offices for one- year terms (an "Officer Term"; each Board office, an "Office"): (1) a president to (i) serve as the Association's principal corporate officer, (ii) preside at Board and Member meetings, (iii) sign documents and take other actions on behalf of the Association, and (iv) serve as an Association appointee to the board of directors of the Bridger View Owners Association; (2) a secretary to: (i) issue Board and Member meeting notices, and (ii) maintain records pertaining to meetings, including notices, minutes, participants,votes, proxies, resolutions, and records pertaining to Member Designees, Member Approvals, and Board Approvals; and (3)a treasurer to (i) oversee the Association's financial affairs, (ii) maintain records pertaining to Transfers, and (iii)serve as an Association appointee to the board of directors of the Bridger View Owners Association.The Officers shall also perform other duties customary for or incident to the Office and those which the Board prescribes. If these Bylaws are silent about Officer duties,the Officers have the duties the Nonprofit Corporation Act prescribes. Without Member Approval,the Association shall not compensate Officers.An Officer Term begins upon the Officer's election or appointment to the Office and ends upon the earliest of these events to occur: (1)the • election or appointment of the Officer's successor to the Office; (2)when the Officer is no longer a 3 1.5 Incorporated Declaration Provisions.The Incorporated Declaration Provisions are incorporated • into these Bylaws and the Association shall address them as the Declaration requires. Article 2: Members 2.1 Member Meetings.The Association shall hold an annual Member meeting concurrently with the annual Board meeting.The Association may hold regular and special Member meetings as the Montana Nonprofit Corporation Act allows(the act in effect as of the Effective Date, the"Nonprofit Corporation Act"). 2.2 Member Voting. If a Unit has co-owners,the Members that co-own the Unit shall: (1) collectively cast one vote between them on matters about which the Association seeks Member Approval as they determine among themselves; and (2) select one of them to cast the vote. If they cannot agree among themselves how to vote or who should cast the vote,they shall not cast a vote until they resolve their disagreement and pending that resolution,the Association has no obligation to resolve the disagreement or delay a vote. Members may vote in person or by proxy. If a Member is an entity,the Member shall select and appoint an individual to vote on the Member's behalf(a "Member Designee").The vote of a Member Designee is the vote of the Member. If a Member Designee is present at a Member meeting, it constitutes the Member's presence.The Member Designee must: (1) hold an ownership interest in the Member; or(2) be a director, officer, manager, or employee of the Member. If a Member appoints a Member Designee the Member shall provide the Association with a resolution, written consent, or other comparable instrument to enable the Association to verify(a "Resolution"): (1)the identity of the Member Designee; and (2)the Member Designee's authority to vote on the Member's behalf on matters about which the Association seeks Member Approval. If a Unit is trust • property under a trust,the Member is the trustee of the trust and the Member shall provide the Association with a trust certificate to enable the Association to verify(a "Trust Certificate"): (1)the identity of the Member; and (2)the Member's authority under the trust to vote on matters about which the Association seeks Member Approval. If there is a disagreement about who is or should be the Member Designee, or about who is or should be the Member if the Unit is trust property,then neither the actual or purported Member Designee nor the actual or purported Member may cast a vote until they resolve the disagreement and pending that resolution,the Association has no obligation to resolve the disagreement or delay a vote.The Association may: (1) rely on Resolutions and Trust Certificates and has no obligation to verify the legality or accuracy of them; and (2) reject a Resolution or Trust Certificate in its reasonable discretion. 2.3 Member Quorum.A quorum for a Member meeting consists of a majority of the Members present in person or by proxy immediately before the Member meeting begins(a "Member Quorum"). If a Unit has co-owners and more than one co-owner is present,those Members that co-own the Unit will collectively count as one Member in determining the Member Quorum. If there is a Member Quorum,the affirmative vote of 7S%or more of the Members forming the Member Quorum constitutes Member Approval. If there is not a Member Quorum,the Members present shall not vote on matters on which the Association seeks Member Approval but may present and discuss matters for informational purposes. If a Member Quorum ceases to exist because a Member or Member Designee leaves the Member meeting,the remaining Members: (1) may end the meeting; (2) may carry on with the meeting without pausing; (3) may pause the meeting, in which case the meeting must end the same day the pause occurs; (4) may pause the meeting and then resume it, in which case the meeting must end the same day the pause occurs; and (5) shall not vote on matters about which the Association seeks • 2 After recording, return to: Human Resource Development Council of District IX, Inc. , • 32 South Tracy Avenue J Bozeman, Montana 59715 �� IJ BYLAWS OF BRIDGER VIEW CONDOMINIUMS OWNERS ASSOCIATION This document comprises the Bylaws of Bridger View Condominiums Owners Association, a Montana nonprofit corporation (the "Association"), and it is effective as of 20 (the "Effective Date"). Under the Declaration of the Bridger View Condominiums (the "Declaration") recorded in the records of the office of the Gallatin County Clerk and Recorder,the real property described on the attached Exhibit A became subject to the condominium form of ownership and use under the Montana Unit Ownership Act(the act in effect as of the Effective Date,the "Unit Ownership Act"). Capitalized terms these Bylaws use, but do not define, have the meanings the Declaration gives them. Concurrently with recording the Declaration,the Declarant recorded these Bylaws in the records of the Recording Office.The Declaration requires the Unit Owners to act in a group as Members of the Association to further the Association Purpose and these Bylaws are the Association's internal governance rules for • regulating and managing Association affairs. Article 1: Purpose and Power 1.1 Purpose.The purpose of the Association is to fulfill the Association Purpose. 1.2 Power.The Association has the Project Powers and shall exercise them by taking Association Action under the authority it receives through a Member Approval or a Board Approval. 1.3 Development Period. During the Development Period the Declarant has the Declarant Powers and may exercise them as the Declaration allows.The Association will operate during the Development Period, but it has no power to act under the Declaration unless the Declarant delegates authority to the Association enabling it to do so. 1.4 Manager and Employees.Where the Unit Ownership Act requires the Manager to take an action, if the Association: (1) has no Manager,the Association shall take the action; and (2) has a Manager,the Manager shall not take the action on behalf of the Association unless the Board gives the Manager the authority to do so and if the Board does not give the Manager that authority,the Association shall take the action.The Association may employ and pay personnel to act under the Board's oversight to: (1)fulfill the obligations the Association has under the section in the Declaration with the descriptive heading Association Maintenance; and (2) perform other matters as the Board directs. If the Association hires employees, it will adopt Regulations addressing them.The Association • may engage a Manager, employ employees, or both. 1 ARTICLES OF INCORPORATION • OF BRIDGER VIEW CONDOMINIUMS OWNERS ASSOCIATION These Articles of Incorporation (the "Articles") are dated 20_, and are for Bridger View Condominiums Owners Association (the "Association").The incorporator of the Association is making these Articles under the Montana Nonprofit Corporation Act. 1. Name.The name of the Association is Bridger View Condominiums Owners Association. 2. Designation.The Association is a mutual benefit corporation. 3. Members.The Association has members. 4. Amendment.The Association may amend or restate these Articles as provided in the Association's bylaws. 5. Incorporators.The incorporator of the Association is Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation, and has an address of 32 South Tracy Avenue, Bozeman, Montana 59715. 6. Registered Agent.The registered agent of the Association is Human Resource Development Council of District IX, Inc.,which has the address stated in the preceding section. 7. Dissolution.When the Association dissolves, it shall distribute its assets to its members and as • the Montana Nonprofit Corporation Act otherwise directs. The incorporator is signing these Articles of Incorporation on the date stated in the introductory clause. Human Resource Development Council of District IX, Inc. By: Name: Title: • Exhibit F , CERTIFICATE OF EXEMPTION This Certificate of Exemption (the "Certificate") is in relation to the following property: [insert legal description] The undersigned representative of Gallatin County, Montana is signing this Certificate to certi,�y that the forgoing property is exempt from the Montana Subdivision and Platting Act because the proposal for the Bridger View Condominiums is in conformance with applicable local zoning regulations. By: Name: Title: Date: • 28 �I • } Exhibit E Certificate of Floor Plans By signing this Certificate of Floo riPlans (the"Certificate"),the undersigned registered professional architect in the State of Montana hereby certifies: • That the floor plans attached as Exhibit D to the Declaration of which this Certificate is a part (the "Floor Plans") are an accurate copy of the of the floor plans filed with and approved by the local government officials and.officers having jurisdiction to issue building permits; and • The Floor Plans fully and accurately depict the layout, location, unit designation and dimensions of the Bridger View Condominiums buildings and units as built. By: ' Name: Licensed Professional Architect MT License No.: Date: I I r L � I r . i L i 1 �I i I! i 27 f Exhibit D [Floor Plans attached] 26 Exhibit C • Certificate of Name By signing this Certificate of Name (the "Certificate"),the undersigned representative of the Montana Department of Revenue within Gallatin County hereby: • approves Bridger View Condominiums as the name of the following property: [insert legal description) • states that as of the date of this Certificate, all taxes and assessments due and payable for that property have been paid. By: Name: County Assessor Date: • 1 25 Exhibit B [Site Plan attached] 24 r. tl Exhibit A f Property Description r r' r R • i i� ii �i n ! 'I D 23 �f • • Director; (3)the Board removes the Officer from the Office with Board Approval; or(4)the Officer dies • or resigns. An Officer may resign by notifying another Officer or Director in writing and the resignation becomes effective on the date that notice specifies.There is no limit on the number of Officer Terms an Officer may serve. If an Office becomes vacant,the Board shall fill the position for the rest of the unexpired Officer Term. 3.4 Board Meetings.The Association shall hold an annual Board meeting each year between October 1 and December 31 to: (1) review and approve the Association's financial statements; (2) approve the Association's plans for the maintenance, upkeep, repair, replacement, and reconstruction of the Common Elements; (3) adopt the Association's budget for the succeeding fiscal year; (4)approve when and how it will levy and collect Assessments, Fees, or both; (5) elect the Officers; and (6) address other issues on the Board meeting agenda.The Association may hold regular Board meetings as the Nonprofit Corporation Act allows.The Members may attend Board meetings.Two Directors or eight Members may call a special Board meeting to: (1) amend the Association's budget; (2) levy another Assessment, Fee,or both,to fund the amended budget; and (3)for another reason relating to the Association Purpose. If a Unit has co-owners,those Members that co-own the Unit will collectively count as one Member in determining the requisite number of Members to call a special Board meeting. 3.5 Board Voting and Quorum. Each Director has one vote on matters that come before the Board. Directors must be present to vote and may not vote by proxy. A quorum at a Board meeting consists of a majority of the Directors present immediately before a Board meeting begins (an "Board Quorum"). If there is a Board Quorum,the affirmative vote of 50%or more of the Directors forming the Board Quorum constitutes Board Approval. If there is not a Board Quorum at a Board meeting,the Directors present shall not vote on matters on which the Association seeks Board Approval but may present and • discuss matters for informational purposes. If a Board Quorum ceases to exist because a Director leaves the Board meeting,the remaining Directors: (1) may end the meeting; (2) may carry on with the meeting without pausing; (3) may pause the meeting, in which case the meeting must end the same day the pause occurs; (4) may pause the meeting and then resume it, in which case the meeting must end the same day the pause occurs; and (5) shall not vote on matters about which the Association seeks Board Approval until the Director returns but may present and discuss matters for informational purposes. 3.6 Board Committees.The Board may create special Board committees as the Board determines in its discretion (each, a "Committee").The purpose, members, composition, and tenure of the Committee are within the Board's discretion. Committees are subject to the Board's direction and control and shall have no power to issue Member Approvals or Board Approvals. Committee members: (1) need not be Directors; and (2) serve at the pleasure of the Board. 3.7 Indemnification. If a current or former Director or Officer becomes subject to Proceeding because that person is or was a Director or an Officer,the Association shall indemnify that person to the maximum extent the Nonprofit Corporation Act allows. Article 4: Meeting Procedures 4.1 Meetings.To call a meeting,whether a Member meeting or Board meeting, and whether annual, regular, or special,the Directors or Members calling it must notify the Board secretary,who shall: (1) notify the Directors and Members about the meeting by issuing a notice (a "Meeting Notice") • stating(i)the date the meeting will occur,which must be between 6:00 p.m. and 9:00 p.m. Montana time, (ii)the location of the meeting,which must be at the Project or at another location within a 4 • • convenient distance of the Project, (iii)whether participants may participate in the meeting through remote communication, and if so,the manner in which that will occur, and (iv) for a special meeting, • describe the purpose of the meeting; (2) issue the Meeting Notice (i)for an annual meeting, between 15 and 45 days before the meeting date, and (ii) for a regular and special meetings,within the time the Nonprofit Corporation Act requires; and (3) deliver the Meeting Notice (i) as the section of the Declaration with the descriptive heading Notices provides, except sending a Meeting Notice by regular mail is acceptable, or(ii) by email sent to the email address of the Member or Member Designee on file with the Association. Because the Directors are Members or Member Designees, it is unnecessary to send the Directors a separate or different Meeting Notice from those they will receive as Members or Member Designees. Delivering a Meeting Notice to a Member Designee has the same effect as delivering it directly to the Member. By becoming a Member or a Member Designee, the Member and the Member Designee undertake the obligation to keep a correct email address on file with the Association and to regularly check their email accounts for Meeting Notices. In any Proceeding arising from or relating to an improper Meeting Notice,the Association shall have the benefit of the legal presumption that delivering Meeting Notices by email is a fair and reasonable manner of delivery,which the Director, Member or Member Designee must then overcome with clear and convincing evidence. By becoming a Director, Member, or Member Designee, each Director, Member, and Member Designee acknowledges that in such Proceeding,the Director, Member, and the Member Designee would want the court or other decision-making body to apply the principles in the preceding sentence and strictly construe them. Directors, Members, and Member Designees may waive a Meeting Notice by providing the Board secretary with a waiver before or after the meeting. Presence at a meeting is a waiver of the Meeting Notice unless the Director, Member, or Member Designee: (1) objects to the meeting when the meeting begins and bases the objection on an improper Meeting Notice; and (2) does not vote for or assent to matters about which the Association seeks Member Approval or Board Approval relevant to the subject matter of the objection.The Association may delegate the Meeting Notice function to the • Manager. 4.2 Meetings by Remote Communication.The Association may conduct Member, Board, and Committee meetings through remote communication as the Board may authorize so long as those not physically present in the same location may communicate with each other on a simultaneous basis during the meeting. Participating in a meeting through remote communication constitutes presence at the meeting. 4.3 Action Without a Meeting.The Board may issue a Board Approval without a Board meeting if each Director entitled to vote on the Association Action that is the subject matter of the Board Approval approves it by signing a written resolution describing the Association Action (a "Board Consent Resolution").The Members may issue a Member Approval without a Member meeting if: (1) each Member and Member Designee entitled to vote on the Association Action that is the subject matter of the Member Approval approves it by signing a written resolution describing the Association Action (a "Member Consent Resolution"); or(2)the Association issues a ballot(a "Ballot") to each Member or Member Designee entitled to vote on the Association Action that is the subject matter of the Member Approval that: (1) describes the matters the Nonprofit Corporation Act requires; and (2) includes instructions for completing and returning the Ballot to the Association. Member Approval through the Ballot process occurs if: (1)the number of votes the Members cast by Ballot meets or exceeds the number of Members necessary for a Member Quorum; and (2) 75%or more of the votes cast by Ballot are in favor of approving the Association Action the Ballot describes.The Association may deliver Ballots in the same manner these Bylaws allow it to deliver a Meeting Notice.The Members and Member Designees shall return Ballots they cast to the Association's secretary under the voting instructions the • 5 • • Ballot includes. For a: (1) Board Consent Resolution,the Directors may sign it in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one instrument; and (2) Member Consent Resolution,the Members may sign it in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one instrument. Delivery of a signed counterpart signature page of a: (1) Board Consent Resolution to the Association's secretary by fax or by scanned image as an attachment to e-mail is as effective as signing it in the presence of the other Directors; and (2) a Member Consent Resolution to the Association's secretary by fax or by scanned image as an attachment to e-mail is as effective as signing it in the presence of the other Members. Article 5: Miscellaneous 5.1 Office.The Association shall cause the principal office of the Association to be at the location with the address the then-current Association annual report filed with the Montana Secretary of State designates as the principal office. If the Association has yet to file an annual report as of the Effective Date,then until it does so the Association's principal office is the Association's address under the section of the Declaration with the descriptive heading Notices. 5.2 Corporate Seal.The Association will have no corporate seal. 5.3 Books and Records. The Association shall keep: (1) books and records of account; (2) minutes of Member and Board meetings; and (3) records of other Association activity as the Board directs. 5.4 Fiscal Year.The Association's fiscal year begins on January 1 and ends on December 31. • 5.5 Bylaw Amendments. No amendment to or restatement of these Bylaws will be effective without Unit Owner Approval,which for these purposes requires the written approval of 75%or more of the Unit Owners. Until the Development Period ends,the Declarant has the right to approve or disapprove any amendment to or restatement of these Bylaws. No Unit Owner Approval for the amendment to or restatement of these Bylaws will be effective without the Declarant's written approval. If the Unit Owners issue Unit Owner Approval for an amendment to or restatement of these Bylaws,the Association shall record the amendment or restatement with the Recording Office, and it will become effective upon recording. 5.6 Articles Amendments. Unless this section provides otherwise, no amendment to or restatement of the Articles will be effective without Member Approval. If the amendment to or restatement of the Articles has the effect of amending or restating these Bylaws, no amendment of or restatement to the Articles will be effective without Unit Owner Approval, which for these purposes requires the written approval of 75%or more of the Unit Owners. Until the Development Period ends,the Declarant has the right to approve or disapprove any amendment to or restatement of the Articles. No Member Approval for the amendment to or restatement of the Articles will be effective without the Declarant's written approval. If the Members issue Member Approval or if the Unit Owners issue Unit Owner Approval for an amendment to or restatement of the Articles,the Association shall file the amendment or restatement with the office of the Montana Secretary of State, and it will become effective upon filing. 5.7 Conflict. If the Articles conflict with these Bylaws,the conflicting part of the Articles controls. • [Certificate of Adoption on the following page] 6 CERTIFICATE OF ADOPTION The Officers signing below certify to the Association's adoption of the Bylaws to which this Certificate of Adoption is attached.The Officers are making this certification as of the Effective Date. Condominiums Unit Owners Association By: Name: Title: President By: Name: Title: Secretary A • 7 • i Exhibit A • Property Description • • 8 BRIDGER VIEW redevelopment Section 1 0 . c Affordable Housing Plan Bridger View Redevelopment Preliminary Planned Unit Development Application 0 H R DC • 10.c Affordable Housing Plan Introduction This Affordable Housing Plan is submitted as a component of the Preliminary Plat Application for the Bridger View Redevelopment. The plan may be further clarified as the development progresses with any adjustments captured in the Final Plat Applications. The Bridger View Redevelopment proposes to provide 62 homes on the site of the former Bridger View Trailer Park, adjacent to the Story Mill Community Park. The developer is utilizing an innovative housing model that meaningfully addresses Bozeman's housing affordability challenge, mixing subsidized homes that households earning from 70-120% of the Area Median Income can afford to purchase with market rate homes. In this mixed-income neighborhood, all units will be the same size and built to the same quality standards, making the market and subsidized units indistinguishable. Not only will the development meet the requirements of the affordable housing ordinance, but the neighborhood will also contribute to our community's "missing middle" housing stock. According to the City's Affordable Needs Assessment: "An estimated 5,405 to 6,340 housing units for residents and employees are needed by 2025, or an average of about 770 to 905 units per year. About 50% of the housing needed should be priced below market: 2,775 to 3,255 units (395 to 465 per year). • This means ownership housing mostly priced below$350,000 (150% AMI)." This Affordable Housing Plan specifically addresses those homes which will meet the requirements of the City's Affordable Housing Ordinance. Homes priced at levels that"missing middle" households can afford will be addressed in the accompanying Community Housing Plan. A Community Land Trust entity will be established to permanently maintain the affordability and protect the philanthropic investment for all subsidized homes in the Bridger View neighborhood. The Community Land Trust entity will be described in greater detail in the Community Housing Plan. 1. Number of affordable homes proposed in each affordable home category and number of market- rate homes. The Bridger View Redevelopment proposes 62 total homes, consisting of townhomes, condominiums and single household detached homes. Ten (10) of the homes are condominiums, which are exempt from the Affordable Housing Ordinance (AHO), leaving 52 homes subject to the AHO. Bridger View Redevelopment— Unit Mix Bridger View Affordable Housing Plan 10.01.2019 Condominiums Townhomes/ Single- Total • household Lower-priced homes 0 5 5 "Missing Middle" homes 5 21 26 Market rate homes 5 26 31 Total 10 52 62 Five (5) homes will be Lower-priced Homes meeting the Affordable Housing Ordinance (AHO) requirements, with a .2 pay-in as determined by the City's published chart. 52 town homes/single household homes x 10% = 5.2 homes required Twenty-six (26) homes will be sold at prices that"Missing Middle" households can afford to purchase (discussed in the Community Housing Plan) with the remaining 31 homes sold at market rates. 2. The number of bedrooms in each affordable home Of the five affordable homes meeting the AHO, one home will be a one-bedroom, 3 homes will be two-bedrooms, and 1 home will be a three bedroom. • Bedroom Mix of Lower Priced Homes 1-bedroom 2-bedroom 3-bedroom Lower-priced homes 1 3 1 This unit mix is consistent with the mix of bedrooms within the neighborhood. 3. Anticipated Pricing and deed restrictions The five lower-priced homes meeting the AHO requirements will be priced in accordance with the City's published AHO pricing schedule. The investment in the affordability of the lower- priced homes will be maintained in perpetuity utilizing a 75-year ground lease (located in Appendix 10.e) managed by the new Community Land Trust as described in the Community Housing Plan. 4. Location of affordable homes in the development (lots in the plat or units within a site plan) Lower-priced homes will be intermixed with the townhomes and detached homes, throughout the site and evenly distributed by phase. Lower-priced homes will not be included within the condominium units. However, the different classification of homes will be evenly distributed throughout the neighborhood and built the same so that all the homes are equivalent and Bridger View Affordable Housing Plan 10.01.2019 indistinguishable. The final location of the Lower-priced homes meeting the AHO will be identified as part of the Affordable Housing Plan submitted with Final Plat. 5. Timing of delivery of the affordable homes in relation to the market-rate homes in the development HRDC is constructing the infrastructure and homes in the Bridger View neighborhood in three phases. The Lower-priced Homes meeting the AHO will be evenly distributed by phase to be delivered concurrently with the market rate homes. The final location of the AHO homes will be identified as part of the Affordable Housing Plan submitted with Final Plat. 6. Marketing plan describing how affordable homes will be offered to the public; The development of the Bridger View neighborhood includes the establishment of a new CLT stewardship entity to preserve the investment in affordability. This CLT will actively market the Lower-priced homes to income-qualified residents using best practices, including homeownership education to help buyers understand the unique financing and ownership structure of the community land trust model. 7. Plan for construction of affordable homes in phased developments. HRDC is constructing the infrastructure and homes in the Bridger View neighborhood in three • phases. The Lower-priced Homes meeting the AHO will be evenly distributed by phase to be delivered concurrently with the market rate homes. The final location of the AHO homes will be identified as part of the Affordable Housing Plan submitted with Final Plat. 8. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of the affordable housing ordinance. The proposed project meets the requirements of the AHO, while substantially exceeding it through the accompanying Community Housing Plan. The Bridger View neighborhood will make a meaningful contribution to Bozeman's Community Housing needs through the inclusion of homes that households earning median incomes (between 80 and 120% of AMI) can afford to purchase. In addition to providing quality homes that residents can afford, the development team is committed to keeping the lower-priced and missing middle homes affordable in perpetuity via a new Community Land Trust entity, ensuring that the investments necessary to achieve affordability endure for generations. • Bridger View Affordable Housing Plan 10.01.2019 • NOV 05 2019 DEPWi-i[N 1* OF COMMUNITY DEVELOPMENT BRIDGER VIEW redevelopment sectbn O . CammunKy Hours ng Han Bridger View Redevelopment Preliminary Planned Unit Development Application HRDC 1G.d Community Housing Plan Introduction Bridger View's Community Housing Plan is submitted as a supplement to the Affordable Housing Plan, which specifically addresses units required by the City of Bozeman's Affordable Housing Ordinance (AHO). This Community Housing Plan addresses the voluntary investment in "missing middle" homes and permanence of affordability through the establishment of a Community Land Trust entity. Missing Middle Homes The Bridger View development partners are committed to investing in making 26 homes available and affordable to households earning between 80 and 120% of AN, representing Bozeman's "missing middle." These households make too much to qualify for AHO homes and too little to purchase a suitable home in the market. The 26 homes provided through the Community Housing Plan are fully voluntary by the development partners to assist in meeting a well-identified community need, and are provided in addition to the 5 Lower-priced Homes required by the AHO. This voluntary investment results in a total of 31 subsidized homes, or 50% of the homes in the Bridger View neighborhood. • CommunityLand Trust - Permanence of Affordability Y The development partners are also committed to keeping the Lower-priced and "missing middle" homes permanently affordable through the establishment of a community land trust entity, ,ensuring that the investments necessary to achieve affordability endure for generations. A community land trust (CLT) is a community-based organization established to act as the long- term steward of land and to permanently preserve long-term affordability and access to housing located on that land. After the homes at Bridger View are constructed, the new CLT will receive the donated land and private investment to make these homes affordable for sale to qualified households otherwise unable to afford these homes. Rather than structuring the affordability assistance as a grant or a loan to the homebuyer, the CLT uses these resources to write down the initial purchase price to an affordable level. To keep the home affordable from one homebuyer to the next, the CLT limits the price at which the home may be resold, allowing the homeowner to keep all of the equity they earn through paying down the principal balance on their mortgage plus a limited share of the home's increase in value during their ownership. Effectively, the CLT homeowners are given the opportunity to purchase and own a home they can afford and upon sale leave this affordability with the home, so this same opportunity is available to the next income qualified homebuyer. As a result, CLT homes remain affordable from one income qualified homeowner to the next without requiring additional resources to be • invested each time the home resells. Bridger View Community Housing Plan 10.01.2019 The mechanism for ensuring this permanent housing affordability is separating the ownership of • the land parcel from the ownership of the home. At closing, a CLT homebuyer purchases the home at the affordable price and leases the land parcel from the CLT by means of a lease agreement that has an initial term of 75 years, is renewable at each sale, and can be renewed for a second 75-year term. This lease agreement provides the homeowner with a durable, legally enforceable, exclusive right to use and occupy the leased land parcel for the term of the lease. The lease agreement also details specific expectations and requirements regarding the homeowner's use and occupancy of the property— e.g., requiring the home to be their primary residence; prohibiting subletting the home except in special circumstances; requiring the homeowner to maintain the home, pay all real estate taxes, keep the home fully insured, etc. All of this is situated within an organization that is committed to preserving the condition, quality, affordability and availability of these homes forever. Governed by a board of directors that is broadly representative of the community served, the community land trust commits itself to ongoing stewardship of CLT homeowners, monitoring and enforcing each homeowner's compliance with the lease agreements they signed and providing or arranging for ongoing support and assistance, as needed, to help homeowners in their efforts to remain successful as homeowners and as neighbors. And, each time a home sells, the CLT arranges the purchase of the home by another income qualified household —and begins the process all over again over the useful life of the home. • • Bridger View Community Housing Plan 10.01.2019 BRIDGER VIEW redevelopment Section 1 O . e Ground Lease Documents Bridger View Redevelopment Preliminary Planned Unit Development Application HRDC • Ma Community Land Trust Overview An urgent and growing shortage of affordably priced owner-occupied homes in Bozeman for households in the "missing middle"—working households earning too much to qualify for federal and state subsidy programs and too little to purchase a market-rate home— needs an effective and long-term response. A new community land trust organization, established initially for the planned Bridger View Redevelopment community and designed to serve all of Bozeman, will be a dynamic and impactful part of a long-range solution to this local crisis. Community Land Trusts A community land trust (CLT) is a community-based organization established to act as the long- term steward of land and to permanently preserve long-term affordability and access to housing located on that land. Community land trusts purchase or receive donated land and arrange for the construction of new homes (or acquire and rehab existing homes) and access available public sector and private sector resources to make these homes affordable for sale to households otherwise unable to afford these homes. Rather than structuring the affordability assistance as a grant or a loan to the homebuyer household, the CLT uses these resources to write down the initial • purchase price to an affordable level. To keep the home affordable from one homebuyer household to the next, the CLT limits the price at which the home may be resold, allowing the homeowner to keep all of the equity they earn through paying down the principal balance on their home purchase mortgage plus a limited share of the home's increase in value during their ownership. Effectively, CLT homeowners given the opportunity to purchase and own a home they can afford leave this affordability with the home, should they ever choose to sell, so this same opportunity is available to the next limited-income homebuyer household. As a result, CLT homes remain affordable from one limited-income homeowner household to the next without requiring additional affordability resources to be invested each time the home resells. The mechanism for ensuring this permanent housing affordability is separating the ownership of the land parcel from the ownership of the home and other improvements built on this land. At closing, a CLT homebuyer purchases the home at the affordable price and leases the land parcel from the CLT by means of a lease agreement that has an initial term of 99 years, is inheritable, and can be renewed for a second 99-year term. This lease agreement provides the homeowner household with a durable, legally enforceable, exclusive right to use and occupy the leased land parcel for the term of the lease. The lease agreement also details specific expectations and requirements regarding the homeowner household's use and occupancy of the property—e.g., requiring the home to be their primary residence; prohibiting subletting the home except in special circumstances; requiring the homeowner to maintain the home, pay all real estate taxes, keep the home fully insured, etc. All of this is situated within an organization that is committed not only to creating these affordable homes but to preserving the condition, quality, affordability and availability of these • homes forever. Governed by a board of directors that is broadly representative of the 10.e Community Land Trust Documents Bridger View Redevelopment Preliminary Application Template G 4 0 community served, the community land trust commits itself to ongoing stewardship of CLT • homeowners, monitoring and enforcing each homeowner's compliance with the lease agreements they signed and providing or arranging for ongoing support and assistance, as needed, to help homeowners in their efforts to remain successful as homeowners and as neighbors. And, each time a home sells, the CLT arranges the purchase of the home by another limited-income household —and begins the process all over again over the useful life of the home. The experience of the nearly 300 CLTs currently operating across the country demonstrates the long-term effectiveness of community land trusts in permanently preserving housing affordability and protecting and leverage the resources invested by local governments, philanthropic entities, and local businesses to create the availability and affordability of this housing in the first place. At the same time, community land trusts can document the success of CLT homeowners: The mortgage foreclosure rate among CLT homeowners is consistently less than one-half of one percent (0.05%), And studies conducted of community land trusts that have been around long enough to build portfolios of permanently affordable homes large enough to have experienced multiple resales found that seven of ten (70%) of CLT homeowner/sellers are able to leverage the security and stability of owning an affordable home and their limited equity return to purchase an unrestricted, unassisted, home of their own. And because these CLTs have kept the home affordable, it can start the process all over again —transitioning first-time homeowners into the equity stream. A Community Land Trust for Bozeman 31 of the 62 owner-occupied homes to be built in the Bridger View community will be made • initially affordable to local households in the "missing middle" — i.e., households with annual incomes between $40,000 to $95,000, incomes between 80%-150% of Bozeman area median income. A stewardship entity must be established with the focus and capacity needed to preserve the availability and affordability of these homes forever. The strategic goals established by the Bridger View Redevelopment team for the entity responsible for the ongoing stewardship of these homes and their owner/occupants include: • Governance by a 3-part board of directors comprised of three equal categories drawn from Bozeman — including 1/3 of the seats reserved for actual CLT homeowners—with a singular and unwavering focus on securing the resources needed to preserve its resale-restricted shared equity housing and to promote the policies and practices favorable to increase the local supply of permanently affordable housing. • Charitable designation by the IRS, in accordance with §501(c)3 of the Internal Revenue Code and consistent with the income targeting of households to be served by the CLT. • Internal capacity— most particularly, paid, professional staffing —dedicated to managing the CLT's core administrative, development, and ongoing day-to-day and month-to-month stewardship functions and responsibilities for the life of executed lease agreements. • 10.e Community Land Trust Documents Bridger View Redevelopment Preliminary Application Template t j • • • • A commitment to forging and nurturing working partnerships with local government and with key private sector entities, including employers, funders and local nonprofit community organizations with similar or compatible missions and work plans. • A well-developed CLT homeownership program, including, at a minimum: customized ground lease agreements with balanced and fair resale formulas; detailed materials and mechanisms to orient interested potential homebuyers regarding the benefits and responsibilities of buying, owning and selling a CLT home; written and carefully followed homebuyer selection policies that incorporate community preferences while complying with Fair Housing requirements; and stewardship policies and procedures to be used to guide CLT communication and interaction with their homeowners, monitoring and enforcement of homeowner compliance with the ground lease agreements they signed, and procedures for providing or arranging ongoing support and assistance for CLT homeowners, as needed. • A commitment to working with the City of Bozeman, as well as local for-profit and nonprofit entities, to create a portfolio of CLT homes across the city that is large enough to be manageable, impactful and sustainable. A new community land trust organization will be incorporated and established, drawing on the expertise and capacity of HRDC, which currently operates a CLT program. A small working board to be appointed in the late summer of 2019 will manage the initial set-up and launch of • the CLT and, once the CLT has its first homes and homeowners, the board of directors will be structured with the 3-part composition that is characteristic of community land trusts—with 1/3 of the director seats to eventually be filled by CLT homeowners; 1/3 by residents of the Bozeman community (including market-rate homeowners living at Bridger View); and 1/3 by persons with skills sets and expertise that will help enhance the prospects for the long-term success and sustainability of the CLT organization. For the foreseeable future, it is anticipated that the focus of the CLT's activities will be affordably priced, for-sale homes in the city of Bozeman —with an initial purpose to preserve the quality, availability and affordability of the 32 owner-occupied homes to be built by HRDC for 'missing .middle' households at Bridger View. Once these homes are built and occupied in 2021 and 2022, the CLT anticipates being eventually able to assume responsibility for the stewardship for affordably priced owner-occupied housing created through public-sector and/or private sector initiatives in the city. A preliminary growth plan for the new CLT organization projects 60 or more permanently affordable CLT homes by the end of 2024. For the remainder of 2019, Michael Brown of Burlington Associates will work with the initial CLT board of directors to incorporate the CLT organization and develop its formational documents; build its initial operating capacity, including required policies and procedures and final operating budget projections from 2020-2024; and design the CLT's homeownership program, including the ground lease agreement and resale formula for the homes at Bridger View. With executive staffing in place by mid-year, the CLT's focus in 2020 will be to make final preparations for the first CLT home to be brought into its permanently affordable portfolio in 2021; secure the affordability subsidies needed to make these homes initially affordable; recruit additional • 10.e Community Land Trust Documents Bridger View Redevelopment Preliminary Application Template directors to be added to the CLT's governing board; and conduct community outreach and • education to build a broad base of awareness and support throughout Bozeman for the community land trust and its mission and work plan. To be successful over time, this community land trust must be able to manage effectively a range of ongoing critical tasks. To ensure thorough and appropriate coordination of these responsibilities from the outset, the CLT expects to hire a skilled and experienced Executive Director at a half-time level, beginning in the summer of 2020. The Executive Director will oversee the implementation and management of the organization's.mission and financial objectives as adopted by the board of directors; serve as its public face to the Bozeman community; manage the CLT's homeownership program, including consistent and proper stewardship of CLT homes and homeowners. It is also anticipated that the CLT will contract with HRDC to manage some of the basic stewardship responsibilities, particularly those related to compliance monitoring and information tracking. Without question, the success of this exciting, new community land trust will rely on the commitment and engagement of the City of Bozeman. We look forward to discussing opportunities for partnership and collaboration with the City, going forward. • 10.e Community Land Trust Documents Bridger View Redevelopment Preliminary Application Template Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • BRIDGER VIEW COMMUNITY LAND TRUST GROUND LEASE TABLE OF CONTENTS Comment:Two important notes from the outset:(1)This annotated lease document is based on the nationally- used model CLT ground lease document and has not had the benefit of discussion and deliberation bV the CLT's founding board of directors;and(2)The name for this new community land trust organization has not Vet been determined, "Bridger View Community Land Trust"is intended as a placeholder. RECITALS DEFINITIONS ARTICLE 1: Homeowner's Letter of Agreement and Attorney's Letter of Acknowledgment are Attached as Exhibits. ARTICLE 2: Leasing of Rights to the Land 2.1 CLT LEASES THE LAND TO HOMEOWNER: 2.2 MINERAL RIGHTS NOT LEASED TO HOMEOWNER ARTICLE 3:Term of Lease,Change of Land Owner 3.1 TERM OF LEASE IS 99 YEARS 3.2 HOMEOWNER CAN RENEW LEASE FOR ANOTHER 99 YEARS 3.3 WHAT HAPPENS IF CLT DECIDES TO SELL THE LEASED LAND ARTICLE 4: Use of Leased Land 4.1 HOMEOWNER MAY USE THE HOME ONLY FOR RESIDENTIAL AND RELATED PURPOSES 4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBILY AND IN COMPLIANCE WITH THE LAW 4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS 4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST NINE MONTHS EACH YEAR 4.5 LEASED LAND MAY NOT BE SUBLEASED WITHOUT CLT'S PERMISSION 4.6 CLT HAS A RIGHT TO INSPECT THE LEASED LAND 4.7 HOMEOWNER HAS A RIGHT TO QUIET ENJOYMENT ARTICLES: Lease Fee 5.1 AMOUNT OF FEES 5.2 WHEN THE FEE IS TO BE PAID 5.3 HOW THE AMOUNT OF THE LEASE FEE HAS BEEN DETERMINED D 5.4 CLT MAY REDUCE OR SUSPEND THE LEASE FEE TO IMPROVE AFFORDABILITY NOV g 5 2019 5.5 FEES MAY BE INCREASED FROM TIME TO TIME 5.6 LEASE FEE WILL BE INCREASED IF RESTRICTIONS ARE REMOVED DEPARTWNT OF 5.7 IF PAYMENT IS LATE, INTEREST CAN BE CHARGED cow ` 5.8 CLT CAN COLLECT UNPAID FEES WHEN HOME IS SOLD ARTICLE 6:Taxes and Assessments 6.1 HOMEOWNER IS RESPONSIBLE FOR PAYING ALL TAXES AND ASSESSMENTS 6.2 CLT WILL PASS ON ANY TAX BILLS IT RECEIVES TO HOMEOWNER 6.3 HOMEOWNER HAS A RIGHT TO CONTEST TAXES 6.4 IF HOMEOWNER FAILS TO PAY TAXES, CLT MAY INCREASE LEASE FEE • -1- • • r , Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 6.5 PARTY THAT PAYS TAXES MUST SHOW PROOF • ARTICLE 7:The Home 7.1 HOMEOWNER OWNS THE HOUSE AND ALL OTHER IMPROVEMENTS ON THE LEASED LAND 7.2 HOMEOWNER PURCHASES HOME WHEN SIGNING LEASE 7.3 CONSTRUCTION CARRIED OUT BY HOMEOWNER MUST COMPLY WITH CERTAIN REQUIREMENTS 7.4 HOMEOWNER MAY NOTALLOW STATUTORY LIENSTO REMAIN AGAINST LEASED LAND OR HOME 7.5 HOMEOWNER IS RESPONSIBLE FOR SERVICES, MAINTENANCE AND REPAIRS 7.6 WHEN LEASE ENDS, OWNERSHIP REVERTS TO CLT, WHICH SHALL REIMBURSE HOMEOWNER ARTICLE 8: Financing 8.1 HOMEOWNER CANNOT MORTGAGE THE HOME WITHOUT CLT's PERMISSION 8.2 BY SIGNING LEASE,CLT GIVES PERMISSION FOR ORIGINAL MORTGAGE 8.3 CLT PERMISSION IS REQUIRED FOR REFINANCING OR OTHER SUBSEQUENT MORTGAGES 8.4 CLT IS REQUIRED TO PERMIT A"STANDARD PERMITTED MORTGAGE" 8.5 A PERMITTED MORTGAGEE HAS CERTAIN OBLIGATIONS UNDER THE LEASE 8.6 A PERMITTED MORTGAGEE HAS CERTAIN RIGHTS UNDER THE LEASE 8.7 IN THE EVENT OF FORECLOSURE,ANY PROCEEDS IN EXCESS OF THE PURCHASE OPTION PRICE WILL GO TO CLT ARTICLE 9: Liability, Insurance, Damage and Destruction, Eminent Domain 9.1 HOMEOWNER ASSUMES ALL LIABILITY 9.2 HOMEOWNER MUST DEFEND CLT AGAINST ALL CLAIMS OF LIABILITY • 9.3 HOMEOWNER MUST REIMBURSE CLT 9.4 HOMEOWNER MUST INSURE THE HOME AGAINST LOSS AND MUST MAINTAIN LIABILITY INSURANCE ON HOME AND LEASED LAND 9.5 WHAT HAPPENS IF HOME IS DAMAGED OR DESTROYED 9.6 WHAT HAPPENS IF SOME OR ALL OF THE LAND IS TAKEN FOR PUBLIC USE 9.7 IF PART OF THE LAND IS TAKEN,THE LEASE FEE MAY BE REDUCED 9.8 IF LEASE IS TERMINATED BY DAMAGE, DESTRUCTION OR TAKING, CLT WILL TRY TO HELP HOMEOWNER BUY ANOTHER CLT HOME ARTICLE 10: Transfer of the Home 10.1 INTENT OF THIS ARTICLE IS TO PRESERVE AFFORDABILITY 10.2 HOMEOWNER MAY TRANSFER HOME ONLY TO CLT OR QUALIFIED PERSONS 10.3 THE HOME MAY BE TRANSFERRED TO CERTAIN HEIRS OF HOMEOWNER 10.4 HOMEOWNER'S NOTICE OF INTENT TO SELL 10.5 CLT HAS AN OPTION TO PURCHASE THE HOME 10.6 IF PURCHASE OPTION EXPIRES, HOMEOWNER MAY SELL ON CERTAIN TERMS 10.7 AFTER ONE YEAR CLT SHALL HAVE POWER OF ATTORNEY TO CONDUCT SALE 10.8 PURCHASE OPTION PRICE EQUALS LESSER OF APPRAISED VALUE OR FORMULA PRICE 10.9 IF CLT BELIEVES LEASEHOLD VALUE MAY BE LESS THAN FORMULA PRICE 10.10 HOW THE FORMULA PRICE IS CALCULATED 10.11 QUALIFIED PURCHASER SHALL RECEIVE NEW LEASE 10.12 PURCHASER MAY BE CHARGED A TRANSFER FEE 10.13 HOMEOWNER REQUIRED TO MAKE NECESSARY REPAIRS AT TRANSFER • -2- ( eM • • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • ARTICLE 11: Reserved ARTICLE 12: Default 12.1 WHAT HAPPENS IF HOMEOWNER FAILS TO MAKE REQUIRED PAYMENTS TO THE CLT 12.2 WHAT HAPPENS IF HOMEOWNER VIOLATES OTHER(NONMONETARY)TERMS OF THE LEASE 12.3 WHAT HAPPENS IF HOMEOWNER DEFAULTS AS A RESULT OF JUDICIAL PROCESS 12.4 A DEFAULT(UNCURED VIOLATION) GIVES CLT THE RIGHT TO TERMINATE THE LEASE OR EXERCISE ITS PURCHASE OPTION ARTICLE 13: Mediation and Arbitration 13.1 MEDIATION AND ARBITRATION ARE PERMITTED 13.2 HOMEOWNER AND CLT SHALL SHARE COST OF ANY MEDIATION OR ARBITRATIION ARTICLE 14: General Provisions 14.1 NOTICES 14.2 NO BROKERAGE 14.3 SEVERABILITY AND DURATION OF LEASE 14.4 RIGHT OF FIRST REFUSAL IN LIEU OF OPTION 14.5 WAIVER 14.6 CLT'S RIGHT TO PROSECUTE OR DEFEND 14.7 CONSTRUCTION 14.8 HEADINGS AND TABLE OF CONTENTS 14.9 PARTIES BOUND 14.10 GOVERNING LAW • 14.11 RECORDING Exhibits That Must Be Attached Exhibit LETTERS OF AGREEMENT AND ATTORNEY'S ACKNOWLEDGMENT Exhibit LEASED LAND Exhibit DEED Exhibit PERMITTED MORTGAGES Exhibit FIRST REFUSAL -3- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 THIS LEASE ("this Lease" or"the Lease") entered into this day of , 20 • between Bridger View Community Land Trust(hereinafter"CLT"or "the CLT")and ("Homeowner"). RECITALS A. The CLT is organized exclusively for charitable purposes, including the purpose of providing homeownership opportunities for,low-income people who would otherwise be unable to afford homeownership. B. A goal of the CLT is to preserve'affordable homeownership opportunities through the long-term leasing of land under owner-occupied homes. C. The Leased Land described in this Lease has been acquired and is being leased by the CLT in furtherance of this goal. D. The Homeowner shares the purposes of the CLT and has agreed to enter into this Lease not only to obtain the benefits of homeownership, but also to further the charitable purposes of the CLT. E. Homeowner and CLT recognize the special nature of the terms of this Lease, and each of them accepts these terms, including those terms that affect the marketing and resale price of the property now being purchased by the Homeowner. F. Homeowner and CLT agree that the terms of this Lease further their shared goals over an extended period of time and through a succession of owners. NOW THEREFORE, Homeowner and CLT agree on all of the terms and conditions of this Lease as set forth below. DEFINITIONS: Homeowner and CLT agree on the following definitions of key terms used in this • Lease. Leased Land: the parcel of land, described in Exhibit: LEASED LAND, which is leased to the Homeowner. Home:the residential structure and other permanent improvements located on the Leased Land and owned by the Homeowner, including both the original Home described in Exhibit: DEED, and all permanent improvements added thereafter by Homeowner at Homeowner's expense. Base Price:the total price that is paid for the Home by the Homeowner(including the amount provided by a first mortgage loan but not including subsidy in the form of deferred loans to the Homeowner). Purchase Option Price:the maximum price the Homeowner is allowed to receive for the sale of the Home and the Homeowner's right to possess, occupy and use the Leased Land, as defined in Article 10 of this Lease. Fee: The monthly fee,that the Homeowner pays to the CLT for the continuing use of the Leased Land and any additional amounts that the CLT charges to the Homeowner for reasons permitted by this Lease. Permitted Mortgage:A mortgage or deed of trust on the Home and the Homeowner's right to possess, occupy and use the Leased Land granted to a lender by the Homeowner with the CLT's Permission. The Homeowner may not mortgage the CLT's interest in the Leased Land, and may not grant any mortgage or deed of trust without CLT's Permission. -4- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • Event of Default: Any violation of the terms of the Lease unless it has been corrected ("cured") by Homeowner or the holder of a Permitted Mortgage in the specified period of time after a written Notice of Default has been given by CLT. ARTICLE 1: Homeowner's Letter of Agreement and Attorney's Letter of Acknowledgment are Attached as Exhibits. Attached as Exhibit HOMEOWNER'S LETTER OF AGREEMENT AND ATTORNEY'S LETTER OF ACKNOWLEDGMENT and made part of this Lease by reference are a Letter of Agreement from the Homeowner, describing the Homeowner's understanding and acceptance of this Lease (including the parts of the Lease that affect the resale of the Home) and a Letter of Acknowledgment from the Homeowner's attorney, describing the attorney's review of the Lease with the Homeowner. Comment:Like many community land trusts across the country, Bridger View CLT will require homebuvers,as a condition of closing, to meet with an attorney for an explanation and review of the terms and conditions of the deal they are about to get into. The intent of this requirement is simply to make sure that the homebuyer household understands the benefits and responsibilities of buying, owning,and selling a CLT home. To defray the cost, BCLT will orient interested local attorneys and ask them to provide this service for CLT homebuvers on a pro bono or reduced-fee basis. ARTICLE 2: Leasing of Rights to the Land 2.1 CLT LEASES THE LAND TO HOMEOWNER: The CLT hereby leases to the Homeowner, and Homeowner hereby accepts, the right to possess, occupy and use the Leased Land (described in the attached Exhibit LEASED LAND) in accordance with the terms of this Lease. CLT has furnished to Homeowner a copy of the most current title report, if any, obtained by CLT for the Leased Land, and Homeowner accepts title to the Leased Land in its condition "as is" as of the signing of this Lease. 2.2 MINERAL RIGHTS NOT LEASED TO HOMEOWNER: CLT does not lease to Homeowner the right to remove from the Leased Land any minerals lying beneath the Leased Land's surface. Ownership of such minerals remains with the CLT, but the CLT shall not remove any such minerals from the Leased Land without the Homeowner's written permission. ARTICLE 3:Term of Lease,Change of Land Owner 3.1 TERM OF LEASE IS 99 YEARS: This Lease shall remain in effect for 99 years, beginning on the_ day of , 20___, and ending on the day of , 20 unless ended sooner or renewed as provided below. Comment: Initial lease term for CLTs in most states is for 99years. 3.2 HOMEOWNER CAN RENEW LEASE FOR ANOTHER 99 YEARS: Homeowner may renew this Lease for one additional period of 99 years. The CLT may change the terms of the Lease for the renewal period prior to the beginning of the renewal period but only if these changes do not materially and adversely interfere with the rights possessed by Homeowner under the Lease. Not more than 365 nor less than 180 days before the last day of the first 99-year period, CLT shall give Homeowner a written notice that states the date of the expiration of the first 99-year period and the conditions for renewal as set forth in the following paragraph ("the Expiration Notice"). The Expiration Notice shall also describe any changes that CLT intends to make in the Lease for the renewal period as permitted above. Comment:This section allows for renewal for second, consecutive term as long as the initial term. • -5- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 The Homeowner shall then have the right to renew the Lease only if the following conditions are met: • (a)within 60 days of receipt of the Expiration Notice,the Homeowner shall give CLT written notice stating the Homeowner's desire to renew("the Renewal Notice"); (b)this Lease shall be in effect on the last day of the original 99-year term, and (c)the Homeowner shall not be in default under this Lease or under any Permitted Mortgage on the last day of the original 99-year term. When Homeowner has exercised the option to renew, Homeowner and CLT shall sign a memorandum stating that the option has been exercised. The memorandum shall comply with the requirements for a notice of lease as stated in Section 14.12 below. The CLT shall record this memorandum in accordance with the requirements of law promptly after the beginning of the renewal period. 3.3 WHAT HAPPENS IF CLT DECIDES TO SELL THE LEASED LAND: If ownership of the Leased Landis ever transferred by CLT(whether voluntarily or involuntarily)to any other person or institution,this Lease shall not cease, but shall remain binding on the new land-owner as well as the Homeowner. If CLT agrees to transfer the Leased Land to any person or institution other than a non-profit corporation, charitable trust, government agency or other similar institution sharing the goals described in the Recitals above,the Homeowner shall have a right of first refusal to purchase the Leased Land. The details of this right shall be as stated in the attached Exhibit FIRST REFUSAL. Any sale or other transfer contrary to this Section 3.3 shall be null and void. Comment:In the event that Bridger View CLT ever dissolves(voluntarily or involuntarily)and the ownership of the land needs to transferred to on entity that shares BCLT's goals and has the capacity to manage its responsibilities, the lease remains valid and binding. If such transfer of the ownership of the land is made to an entity that does not share Bridger View CLT's goals or does not have the capacity to step into BCLT's shoes and manage its responsibilities, the homeowner may purchase the land leased to him/her.Should this happen,any subsidy funding subject to remaining affordability restrictions will need to be repaid to the subsidy provider.It bears noting, however, that there have been no CLT dissolutions in recent decades. ARTICLE 4: Use of Leased Land 4.1 HOMEOWNER MAY USE THE HOME ONLY FOR RESIDENTIAL AND RELATED PURPOSES: Homeowner shall use, and allow others to use,the Home and Leased Land only for residential purposes and any activities related to residential use that are permitted by local codes. 4.2 HOMEOWNER MUST USE THE HOME AND LEASED LAND RESPONSIBLY AND IN COMPLIANCE WITH THE LAW: Homeowner shall use the Home and Leased Land in a way that will not cause harm to others or create any public nuisance. Homeowner shall dispose of all waste in a safe and sanitary manner. Homeowner shall maintain all parts of the Home and Leased Land in safe, sound and habitable condition, in full compliance with all laws and regulations, and in the condition that is required to maintain the insurance coverage required by Section 9.4 of this Lease. Comment:By signing this lease agreement homeowners agree to comply with all laws, ordinances,codes,and HOA CC&Rs, as well as the other terms and conditions of this lease agreement. Non-compliance is grounds for the CLT declaring a default on the ground lease. 4.3 HOMEOWNER IS RESPONSIBLE FOR USE BY OTHERS: Homeowner shall be responsible for the use of the Home and Leased Land by all residents and visitors and anyone else using the Leased Land with Homeowner's permission and shall make all such people aware of the restrictions on use set forth in this Lease. -6- • • • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • 4.4 HOMEOWNER MUST OCCUPY THE HOME FOR AT LEAST NINE MONTHS EACH YEAR: Homeowner shall occupy the Home for at least ten (10) months of each year of this Lease, unless otherwise agreed by CLT. Occupancy by Homeowner's child, spouse, domestic partner or other persons approved by CLT shall be considered occupancy by Homeowner. Neither compliance with the occupancy requirement nor CLT's permission for an extended period of non-occupancy constitutes permission to sublease the Leased Land and Home, which is addressed in Section 4.5 below. Comment:The Bridger View CLT,like all other CLTs, will require owner-occupancy of its homes—and will need to define what constitutes compliance with this requirement.Stipulating a certain number of months of occupancy in each calendar year is a common way of doing so. 4.5 LEASED LAND MAY NOT BE SUBLEASED WITHOUT CLT'S PERMISSION: Except as otherwise provided in Article 8 and Article 10, Homeowner shall not sublease, sell or otherwise convey any of Homeowner's rights under this Lease,for any period of time,without the written permission of CLT. Homeowner agrees that CLT shall have the right to withhold such consent in order to further the purposes of this Lease. Comment:Immediately following the owner-occupancy'requirement[above]is the prohibition on subletting the home and leased land without express,prior, written permission from the CLT. If permission for subleasing is granted,the sublease shall be subject to the following conditions. a) Any sublease shall be subject to all of the terms of this Lease. ?I_The rental or occupancy fee charged the sub-lessee shall not be more than the amount of the Lease Fee charged the Homeowner by the CLT, plus an amount approved by CLT to cover • Homeowner's costs in owning the Home, including but not limited to the cost of taxes, insurance and mortgage interest. Comment:In the event that permission to sublet is granted to a homeowner by Bridger View CLT, these protections govern the subletting arrangement. 4.6 CLT HAS A RIGHT TO INSPECT THE LEASED LAND: The CLT may inspect any part of the Leased Land except the interiors of fully enclosed buildings, at any reasonable time, after notifying the Homeowner at least 48 hours before the planned inspection. No more than one (1) regular inspection may be carried out in a single year, except in the case of an emergency. In an emergency, the CLT may inspect any part of the Leased Land except the interiors of fully enclosed buildings, after making reasonable efforts to inform the Homeowner before the inspection. If the CLT has received an Intent-To-Sell Notice (as described in Section 10.4 below),then the CLT has the right to inspect the interiors of all fully enclosed buildings to determine their condition prior to the sale. The CLT must notify the Homeowner at least 48 hours before carrying out such inspection. Comment:In order to maintain contact with its homeowners—and as a tool to monitor the homeowner's wellbeing and compliance with the lease agreement they signed—Bridger View CLT will reserve the right to inspect with notice, the Leased Land. 4.7 HOMEOWNER HAS A RIGHT TO QUIET ENJOYMENT: Homeowner has the right to quiet enjoyment of the Leased Land. The CLT has no desire or intention to interfere with the personal lives, associations, expressions, or actions of the Homeowner in any way not permitted by this Lease. -7- • • , Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 ARTICLES: Lease Fee • 5.1 AMOUNT OF LEASE FEE: The Homeowner shall pay a monthly Lease Fee in the amount of$50.00 to be paid in return for the continuing right to possess, occupy and use the Leased Land, plus(b) a Repair and Replacement Reserve Fee of$_.00 to be held by the CLT and used for the purpose of preserving the physical quality of the Home for the long term in accordance with Section 7.6 below. Comment.Each CLT homeowner will be required to pay a monthly lease fee to Bridger View CLT. The recommended amount of this lease fee payment will be$50 monthly.An additional decision will need to be made regarding whether BCLT, like other CLTs, will also require homeowners to pay a monthly"Repair and Replacement Reserve Fee"of some amount. (see Section 7.6 for explanation). These combined monthly fees will need to be factored into the initial affordable pricing and subsidy investments for Bridger View CLT's homes. 5.2 WHEN THE LEASE FEE IS TO BE PAID(DUE DATE):The Lease Fee shall be payable to CLT on the first day of each month for as long as this Lease remains in effect, unless the Lease Fee is to be escrowed and paid by a Permitted Mortgagee, in which case payment shall be made as directed by that Mortgagee. 5.3 HOW THE AMOUNT OF THE LEASE FEE HAS BEEN DETERMINED: The amount of the Lease Fee stated in Section 5.1 above has been determined as follows. First,the approximate monthly fair rental value of the Leased Land has been established, as of the beginning of the Lease term, recognizing that the fair rental value is reduced by certain restrictions imposed by the Lease on the use of the Land. Then the affordability of this monthly amount, plus the amount of the Repair Reserve Fee,for the Homeowner has been analyzed and, if necessary,the Lease has been reduced to an amount considered to be affordable for Homeowner. Comment:This explanation of how the lease fees is determined has been added for two reasons:(1)to make • sure the homeowner understands that a conscious decision was made by the Bridger View CLT to keep this monthly fees low,and(2)to justify BCLT's ability to raise this fee in the event that,following foreclosure, the mortgagee(the bank)sells the property to someone who is not income-qualified and can, therefore,afford to pay Bridger View CLT a higher monthly lease fee.(See 5.6 below]. 5.4 CLT MAY REDUCE OR SUSPEND THE LEASE FEE TO IMPROVE AFFORDABILITY: CLT may reduce or suspend the total amount of the Lease Fee for a period of time for the purpose of improving the affordability of the Homeowner's monthly housing costs. Any such reduction or suspension must be in writing and signed by CLT. 5.5 FEES MAY BE INCREASED FROM TIME TO TIME: The CLT may increase the amount of the Lease Fee and/or the Repair Reserve Fee from time to time, but not more often than annually. Each time such amounts are increased,the total percentage of increase since the date this Lease was signed shall not be greater than the percentage of increase, over the same period of time, in the Consumer Price Index for urban wage earners and clerical workers for the urban area in which the Leased Land is located, or, if none,for urban areas the size of Bozeman Montana. Comment:The Lease Fee and/or the Repair Reserve Fee may only be increased annually and the increase will be capped in some way. In this example, the increase is capped at percentage increase in CPI for Bozeman for the Previous year. 5.6 LEASE FEE WILL BE INCREASED IF RESTRICTIONS ARE REMOVED: If,for any reason,the provisions of Article 10 regarding transfers of the Home or Sections 4.4 and 4.5 regarding occupancy and subleasing are suspended or invalidated for any period of time,then during that time the Fee shall be increased to an amount calculated by CLT to equal the fair rental value of the Leased Land for use not -8- , Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • restricted by the suspended provisions, but initially an amount not exceeding five hundred dollars ($500). Such increase shall become effective upon CLT's written notice to Homeowner. Thereafter, for so long as these restrictions are not reinstated in the Lease,the CLT may,from time to time, further increase the amount of such Lease Fee, provided that the amount of the Lease Fee does not exceed the fair rental value of the property, and provided that such increases do not occur more often than once every year. 5.7 IF PAYMENT IS LATE, $5.00 LATE FEE CAN BE CHARGED: If the CLT has not received any monthly installment of the Lease Fee on or before the date on which the such installment first becomes payable under this Lease (the "Due Date"),the CLT may require Homeowner to pay interest on the unpaid amount from the Due Date through and including the date such payment or installment is received by CLT, at a rate not to exceed 18%. Such interest shall be deemed additional Lease Fee and shall be paid by Homeowner to CLT upon demand; provided, however,that CLT shall waive any such interest that would otherwise be payable to CLT if such payment of the Lease Fee is received by CLT on or before the thirtieth (30th) day after the Due Date. 5.8 CLT CAN COLLECT UNPAID FEES WHEN HOME IS SOLD: In the event that any amount of payable Lease Fee remains unpaid when the Home is sold,the outstanding amount of payable Lease Fee, including any interest as provided above, shall be paid to CLT out of any proceeds from the sale that would otherwise be due to Homeowner. The CLT shall have, and the Homeowner hereby consents to, a lien upon the Home for any unpaid Lease Fee. Such lien shall be prior to all other liens and encumbrances on the Home except(a) liens and encumbrances recorded before the recording of this Lease, (b) Permitted Mortgages as defined in section 8.1 below;and (c) liens for real property taxes • and other governmental assessments or charges against the Home. ARTICLE 6:Taxes and Assessments 6.1 HOMEOWNER IS RESPONSIBLE FOR PAYING ALL TAXES AND ASSESSMENTS: Homeowner shall pay directly, when due, all taxes and governmental assessments that relate to the Home and the Leased Land (including any taxes relating to the CLT's interest in the Leased Land). Comment:Each Bridger View CLT homeowner will be responsible for payment of real estate taxes on the home she owns and the land she leases, as well as any additional assessments on the property. 6.2 CLT WILL PASS ON ANY TAX BILLS IT RECEIVES TO HOMEOWNER: In the event that the local taxing authority bills CLT for any portion of the taxes on the Home or Leased Land, CLT shall pass the bill to Homeowner and Homeowner shall promptly pay this bill. 6.3 HOMEOWNER HAS A RIGHT TO CONTEST TAXES: Homeowner shall have the right to contest the amount or validity of any taxes relating to the Home and Leased Land. Upon receiving a reasonable request from Homeowner for assistance in this matter, CLT shall join in contesting such taxes. Homeowner shall pay all costs of such proceedings. 6.4 IF HOMEOWNER FAILS TO PAY TAXES, CLT MAY INCREASE LEASE FEE: In the event that Homeowner fails to pay the taxes or other charges described in Section 6.1 above, CLT may increase Homeowner's Lease Fee to offset the amount of taxes and other charges owed by Homeowner. Upon collecting any such amount, CLT shall pay the amount collected to the taxing authority in a timely manner. -9- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 6.5 PARTY THAT PAYS TAXES MUST SHOW PROOF: When either party pays taxes relating to the • Home or Leased Land,that party shall furnish satisfactory evidence of the payment to the other party. A photocopy of a receipt shall be the usual method of furnishing such evidence. ARTICLE 7:The Home 7.1 HOMEOWNER OWNS THE HOUSE AND ALL OTHER IMPROVEMENTS ON THE LEASED LAND: All structures, including the house,fixtures, and other improvements purchased, constructed, or installed by the Homeowner on any part of the Leased Land at any time during the term of this Lease (collectively,the "Home") shall be property of the Homeowner. Title to the Home shall be and remain vested in the Homeowner. However, Homeowner's rights of ownership are limited by certain provisions of this Lease, including provisions regarding the sale or leasing of the Home by the Homeowner and the CLT's option to purchase the Home. In addition, Homeowner shall not remove any part of the Home from the Leased Land without CLT's prior written consent. 7.2 HOMEOWNER PURCHASES HOME WHEN SIGNING LEASE: Upon the signing of this Lease, Homeowner is simultaneously purchasing the Home located at that time on the Leased Land, as described in the Deed, a copy of which is attached to this Lease as Exhibit: DEED. 7.3 CONSTRUCTION CARRIED OUT BY HOMEOWNER MUST COMPLY WITH CERTAIN REQUIREMENTS: Any construction in connection with the Home is permitted only if the following requirements are met: (a) all costs shall be paid for by the Homeowner; (b)all construction shall be performed in a professional manner and shall comply with all applicable laws and regulations; (c) all changes in the Home shall be consistent with the permitted uses described in Article 4; (d)the footprint, square- footage, or height of the house shall not be increased and new structures shall not be built or installed on the Leased Land without the prior written consent of CLT. Comment:CLT homeowners will be required to get written permission from Bridger View CLT before making capital improvements to his/her home. This section outlines what constitutes a capital improvement that requires prior approval as well as the information to be provided in writing to Bridger View CLT, as part of this request. For any construction requiring CLT's prior written consent, Homeowner shall submit a written request to the CLT. Such request shall include: a) a written statement of the reasons for undertaking the construction; b) a set of drawings (floor plan and elevations) showing the dimensions of the proposed construction; c) a list of the necessary materials, with quantities needed; d) a statement of who will do the work; If the CLT finds it needs additional information it shall request such information from Homeowner within two weeks of receipt of Homeowner's request. The CLT then,within two weeks of receiving all necessary information (including any additional information it may have requested)shall give Homeowner either its written consent or a written statement of its reasons for not consenting. Before construction can begin, Homeowner shall provide CLT with copies of all necessary building permits, if not previously provided. -10- i Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • 7.4 HOMEOWNER MAY NOT ALLOW STATUTORY LIENS TO REMAIN AGAINST LEASED LAND OR HOME: No lien of any type shall attach to the CLT's title to the Leased Land. Homeowner shall not permit any statutory or similar lien to be filed against the Leased Land or the Home that remains more than 60 days after it has been filed. Homeowner shall take action to discharge such lien, whether by means of payment, deposit, bond, court order, or other means permitted by law. If Homeowner fails to discharge such lien within the 60-day period,then Homeowner shall immediately notify CLT of such failure. CLT shall have the right to discharge the lien by paying the amount in question. Homeowner may, at Homeowner's expense, contest the validity of any such asserted lien, provided Homeowner has furnished a bond or other acceptable surety in an amount sufficient to release the Leased Land from such lien. Any amounts paid by CLT to discharge such liens shall be treated as an additional Lease Fee payable by Homeowner upon demand. 7.5 HOMEOWNER IS RESPONSIBLE FOR SERVICES, MAINTENANCE AND REPAIRS: Homeowner hereby assumes responsibility for furnishing all services or facilities on the Leased land, including but not limited to heat, electricity, air conditioning and water. CLT shall not be required to furnish any services or facilities or to make any repairs to the Home. Homeowner shall maintain the Home and Leased Land as required by Section 4.2 above and shall see that all necessary repairs and replacements are accomplished when needed. Comment:Just like any homeowner, Bridger View CLT homeowners will have the some responsibility for caring for and maintaining the home they own and the land they lease. 7.6 A REPAIR RESERVE FUND IS ESTABISHED TO SUPPORT FUTURE REPAIRS: • (a) The parties acknowledge that the Homeowner is responsible for all maintenance and repair of the Home, as set forth in this Lease.As an additional assurance that all Homeowners are able to comply with their maintenance and repair obligations, CLT and Homeowner agree that a Repair and Replacement Reserve Fee will be collected from each Homeowner as part of the Fee, as provided in Section 5.1(b)and held as a reserve by CLT for any significant required maintenance and approved features of the Home. (b) The Repair and Replacement Reserve Fee shall be accounted for separately by the CLT for each Improvement and shall only be released by CLT at its sole discretion for each individual property for which the Repair and Replacement Reserve Fee was paid. Homeowner may request release of the funds, and CLT shall release funds at its sole discretion, if the requested use is found to be necessary and in accordance with the fund's intended use. CLT may reasonably withhold Repair and Replacement Reserve Fee funds if the requested use is for purely aesthetic exterior alterations or to repair items damaged by neglect. Homeowner acknowledges that the Repair and Replacement Reserve Fund is intended for, and shall remain with,the Home and not the Homeowner. In the event the Home is sold or transferred by Homeowner,the unused Repair and Replacement Reserve funds will be retained in the fund by CLT for future maintenance and repair needs to the Home and will not be recoverable by or returned to Homeowner for any purpose other than those described in Section 7.6(a). It is the Homeowner's responsibility to fund from Homeowner's resources all required maintenance and repair needs of the Home that are not, or cannot be, covered by the Repair& Replacement Reserve funds held by CLT. Comment:In the event that Bridger View CLT homeowners will be required to pay a monthly Repair and Replacement Reserve Fee, this section will describe the use of the reserve fund. • -11- r 'Ir Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 7.7 WHEN LEASE ENDS, OWNERSHIP REVERTS TO CLT,WHICH SHALL REIMBURSE HOMEOWNER: Upon the expiration or termination of this Lease, ownership of the Home shall revert to CLT. Upon thus assuming title to the Home, CLT shall promptly pay Homeowner and Permitted Mortgagee(s), as follows: FIRST, CLT shall pay any Permitted Mortgagee(s)the full amount owed to such mortgagee(s) by Homeowner insofar as the amount does not exceed the Purchase Option Price. In no event shall the total amount that the CLT is required to pay Permitted Mortgagee be greater than the Purchase Option Price; SECOND, CLT shall pay the Homeowner the balance of the Purchase Option Price calculated in accordance with Article 10 below, as of the time of reversion of ownership, less the total amount of any unpaid Lease Fee and any other amounts owed to the CLT under the terms of this Lease. The Homeowner shall be responsible for any costs necessary to clear any additional liens or other charges related to the Home that may be assessed against the Home. If the Homeowner fails to clear such liens or charges,the balance due the Homeowner shall also be reduced by the amount necessary to release such liens or charges, including reasonable attorney's fees incurred by the CLT. ARTICLE 8: Financing Comment:Article 8,as well as the referenced Exhibit "Permitted Mortgages",is standard language in the lease agreements of all other CLTs.As this language is required bV mortgage lenders originating CLT leasehold mortgages,as well as by Fannie Mae, the language in this Article and the Exhibit should not be revised. 8.1 HOMEOWNER CANNOT MORTGAGE THE HOME WITHOUT CLT's PERMISSION: The Homeowner • may mortgage the Home only with the written permission of CLT. Any mortgage or deed of trust permitted in writing by the CLT is defined as a Permitted Mortgage, and the holder of such a mortgage or deed of trust is defined as a Permitted Mortgagee. 8.2 BY SIGNING LEASE, CLT GIVES PERMISSION FOR ORIGINAL MORTGAGE. By signing this Lease,CLT gives written permission for any mortgage or deed of trust signed by the Homeowner effective on the day this Lease is signed for the purpose of financing Homeowner's purchase of the Home. 8.3 CLT MUST GET SPECIFIC PERMISSION FOR REFINANCING OR OTHER SUBSEQUENT MORTGAGES. If, at any time subsequent to the purchase of the Home and signing of the Lease,the Homeowner seeks a loan that is to be secured by a mortgage on the Home(to refinance an existing Permitted Mortgage or to finance home repairs or for any other purpose), Homeowner must inform CLT, in writing, of the proposed terms and conditions of such mortgage loan at least 30 days prior to the expected closing of the loan. The information to be provided to the CLT must include: a) the name of the proposed lender; b) Homeowner's reason for requesting the loan; c) the principal amount of the proposed loan and the total mortgage debt that will result from the combination of the loan and existing mortgage debt, if any; d) expected closing costs; e) the rate of interest; f) the repayment schedule; g) a copy of the appraisal commissioned in connection with the loan request. -12- • • • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • CLT may also require Homeowner to submit additional information. CLT will not permit such a mortgage loan if the loan increases Homeowner's total mortgage debt to an amount greater than 80%of the then current Purchase Option Price, calculated in accordance with Article 10 below, or if the terms of the transaction otherwise threaten the interests of either the Homeowner or the CLT. Comment:Like other CLTs, eridger View CLT will have the right(and the obligation)to approve all mortgage financing for the homebuyer/homeowner—at initial purchase as well as for any future refinancing and home equity loans. 8.4 CLT IS REQUIRED TO PERMIT A"STANDARD PERMITTED MORTGAGE." The CLT shall be required to permit any mortgage for which the mortgagee has signed a "Standard Permitted Mortgage Agreement" as set forth in "Exhibit: Permitted Mortgages, Part C,"and for which the loan secured thereby does not increase Homeowner's total mortgage debt to an amount greater than 90%of the then current Purchase Option Price, calculated in accordance with Article 10 below. Comment:The CLT board of directors will need to decide the maximum mortgage debt that it will allow its CLT homeowners to take on,capped at more than a specified percentage(e.g., 80%or 90%)of the price for which their home can be sold. 8.5 A PERMITTED MORTGAGEE HAS CERTAIN OBLIGATIONS UNDER THE LEASE. Any Permitted Mortgagee shall be bound by each of the requirements stated in "Exhibit: Permitted Mortgages, Part A, Obligations of Permitted Mortgagee,"which is made a part of this Lease by reference, unless the particular requirement is removed, contradicted or modified by a Rider to this Lease signed by the Homeowner and the CLT to modify the terms of the Lease during the term of the Permitted Mortgage. • 8.6 A PERMITTED MORTGAGEE HAS CERTAIN RIGHTS UNDER THE LEASE. Any Permitted Mortgagee shall have all of the rights and protections stated in "Exhibit: Permitted Mortgages, Part B, Rights of Permitted Mortgagee,"which is made a part of this Lease by reference. 8.7 IN THE EVENT OF FORECLOSURE, ANY PROCEEDS IN EXCESS OF THE PURCHASE OPTION PRICE WILL GO TO CLT. Homeowner and CLT recognize that it would be contrary to the purposes of this agreement if Homeowner could receive more than the Purchase Option Price as the result of the foreclosure of a mortgage. Therefore, Homeowner hereby irrevocably assigns to CLT all net proceeds of sale of the Home that would otherwise have been payable to Homeowner and that exceed the amount of net proceeds that Homeowner would have received if the property had been sold for the Purchase Option Price, calculated as described in Section 10.10 below. Homeowner authorizes and instructs the Permitted Mortgagee, or any party conducting any sale,to pay such excess amount directly to CLT. If,for any reason, such excess amount is paid to Homeowner, Homeowner hereby agrees to promptly pay such amount to CLT. ARTICLE 9: Liability, Insurance, Damage and Destruction, Eminent Domain 9.1 HOMEOWNER ASSUMES ALL LIABILITY. Homeowner assumes all responsibility and liability related to Homeowner's possession, occupancy and use of the Leased Land. 9.2 HOMEOWNER MUST DEFEND CLT AGAINST ALL CLAIMS OF LIABILITY. Homeowner shall defend, indemnify and hold CLT harmless against all liability and claims of liability for injury or damage to person or property from any cause on or about the Leased Land. Homeowner waives all claims against CLT for injury or damage on or about the Leased Land. However, CLT shall remain liable for • -13- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 injury or damage due to the grossly negligent or intentional acts or omissions of CLT or CLT's agents • or employees. 9.3 HOMEOWNER MUST REIMBURSE CLT. In the event the CLT shall be required to pay any sum that is the Homeowner's responsibility or liability,the Homeowner shall reimburse the CLT for such payment and for reasonable expenses caused thereby. 9.4 HOMEOWNER MUST INSURE THE HOME AGAINST LOSS AND MUST MAINTAIN LIABILITY INSURANCE ON HOME AND LEASED LAND. Homeowner shall, at Homeowner's expense, keep the Home continuously insured against"all risks"of physical loss, using Insurance Services Office(ISO) Form HO 00 03, or its equivalent,for the full replacement value of the Home, and in any event in an amount that will not incur a coinsurance penalty. The amount of such insured replacement value must be approved by the CLT prior to the commencement of the Lease. Thereafter, if the CLT determines that the replacement value to be insured should be increased,the CLT shall inform the Homeowner of such required increase at least 30 days prior to the next date on which the insurance policy is to be renewed, and the Homeowner shall assure that the renewal includes such change. If Homeowner wishes to decrease the amount of replacement value to be insured, Homeowner shall inform the CLT of the proposed change at least 30 days prior to the time such change would take effect. The change shall not take effect without CLT's approval. Should the Home lie in a flood hazard zone as defined by the National Flood Insurance Plan,the Homeowner shall keep in full force and effect flood insurance in the maximum amount available. The Homeowner shall also, at its sole expense, maintain in full force and effect public liability • insurance covering the Home and the Leased Land using ISO Form HO 00 03 or its equivalent in the amount of dollars($ ) per occurrence and in the aggregate.The CLT shall be named as an additional insured using ISO Form HO 04 41 or its equivalent, and certificates of insurance shall be delivered to the CLT prior to the commencement of the Lease and at each anniversary date thereof. The dollar amounts of such coverage may be increased from time to time at the CLT's request but not more often than once in any one-year period. CLT shall inform the Homeowner of such required increase in coverage at least 30 days prior to the next date on which the insurance policy is to be renewed, and the Homeowner shall assure that the renewal includes such change. The amount of such increase in coverage shall be based on current trends in homeowner's liability insurance coverage in the area in which the Home is located. Comment:This section stipulates the level of insurance coverage that CLT homeowners will be required to carry —for physical damage or loss("full replacement value")as well as for public liability coverage. 9.S WHAT HAPPENS IF HOME IS DAMAGED OR DESTROYED. Except as provided below, in the event of fire or other damage to the Home, Homeowner shall take all steps necessary to assure the repair of such damage and the restoration of the Home to its condition immediately prior to the damage. All such repairs and restoration shall be completed as promptly as possible. Homeowner shall also promptly take all steps necessary to assure that the Leased Land is safe and that the damaged Home does not constitute a danger to persons or property. -14- • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • If Homeowner, based on professional estimates, determines either(a)that full repair and restoration is physically impossible, or(b)that the available insurance proceeds will.pay for less than the full cost of necessary repairs and that Homeowner cannot otherwise afford to cover the balance of the cost of repairs,then Homeowner shall notify CLT of this problem, and CLT may then help to resolve the problem. Methods used to resolve the problem may include efforts to increase the available insurance proceeds, efforts to reduce the cost of necessary repairs, efforts to arrange affordable financing covering the costs of repair not covered by insurance proceeds, and any other methods agreed upon by both Homeowner and CLT. If Homeowner and CLT cannot agree on a way of restoring the Home in the absence of adequate insurance proceeds,then Homeowner may give CLT written notice of intent to terminate the Lease. The date of actual termination shall be no less than 60 days after the date of Homeowner's notice of intent to terminate. Upon termination, any insurance proceeds payable to Homeowner for damage to the Home shall be paid as follows. FIRST,to the expenses of their collection; SECOND,to any Permitted Mortgagee(s),to the extent required by the Permitted Mortgage(s); THIRD,to the expenses of enclosing or razing the remains of the Home and clearing debris; FOURTH,to the CLT for any amounts owed under this Lease; FIFTH, to the Homeowner, up to an amount equal to the Purchase Option Price, as of the day prior to the loss, less any amounts paid with respect to the second,third, and fourth clauses above; SIXTH, the balance, if any,to the CLT. • 9.6 WHAT HAPPENS IF SOME OR ALL OF THE LAND IS TAKEN FOR PUBLIC USE. If all of the Leased Land is taken by eminent domain or otherwise for public purposes, or if so much of the Leased Land is taken that the Home is lost or damaged beyond repair,the Lease shall terminate as of the date when Homeowner is required to give up possession of the Leased Land. Upon such termination,the entire amount of any award(s) paid shall be allocated in the way described in Section 9.5 above for insurance proceeds. In the event of a taking of a portion of the Leased Land that does not result in damage to the Home or significant reduction in the usefulness or desirability of the Leased Land for residential purposes, then any monetary compensation for such taking shall be allocated entirely to CLT. In the event of a taking of a portion of the Leased Land that results in damage to the Home only to such an extent that the Home can reasonably be restored to a residential use consistent with this Lease,then the damage shall be treated as damage is treated in Section 9.5 above, and monetary compensation shall be allocated as insurance proceeds are to be allocated under Section 9.5. 9.7 IF PART OF THE LAND IS TAKEN,THE LEASE FEE MAYBE REDUCED. In the event of any taking that reduces the size of the Leased Land but does not result in the termination of the Lease, CLT shall reassess the fair rental value of the remaining Land and shall adjust the Lease Fee if necessary to assure that the monthly fee does not exceed the monthly fair rental value of the Land for use as restricted by the Lease. • -15- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 9.8 IF LEASE IS TERMINATED BY DAMAGE, DESTRUCTION OR TAKING, CLT WILL TRY TO HELP • HOMEOWNER BUY ANOTHER CLT HOME. If this Lease is terminated as a result of damage, destruction or taking, CLT shall take reasonable steps to allow Homeowner to purchase another home on another parcel of leased land owned by CLT if such home can reasonably be made available. If Homeowner purchases such a home, Homeowner agrees to apply any proceeds or award received by Homeowner to the purchase of the home. Homeowner understands that there are numerous reasons why it may not be possible to make such a home available, and shall have no claim against CLT if such a home is not made available. ARTICLE 10: Transfer of the Home 10.1 INTENT OF THIS ARTICLE IS TO PRESERVE AFFORDABILITY: Homeowner and CLT agree that the provisions of this Article 10 are intended to preserve the affordability of the Home for lower income households and expand access to homeownership opportunities for such households. 10.2 HOMEOWNER MAY TRANSFER HOME ONLY TO CLT OR QUALIFIED PERSONS: Homeowner may transfer the Home only to the CLT or an Income-Qualified Person as defined below or otherwise only as explicitly permitted by the provisions of this Article 10. All such transfers are to be completed only in strict compliance with this Article 10. Any purported transfer that does not follow the procedures set forth below, except in the case of a transfer to a Permitted Mortgagee in lieu of foreclosure, shall be null and void.` "Income-Qualified Person" shall mean a person or group of persons whose household income does not exceed percent( %) of the median household income for Gallatin County as calculated and adjusted for household size from time to time by the U.S. Department of Housing and • Urban Development(HUD) or any successor. Comment:As stipulated here, a Bridger View CLT homeowner may only sell their home to BCLT or to an "Income-Qualified Person", defined here as a household with an income not exceeding a specified percentage of Bozeman area median income. 10.3 THE HOME MAY BE TRANSFERRED TO CERTAIN HEIRS OF HOMEOWNER: If Homeowner dies (or if the last surviving co-owner of the Home dies),the executor or personal representative of Homeowner's estate shall notify CLT within ninety(90) days of the date of the death. Upon receiving such notice CLT shall consent to a transfer of the Home and Homeowner's rights to the Leased Land to one or more of the possible heirs of Homeowner listed below as "a," "b," or"c," provided that a Letter of Agreement and a Letter of Attorney's Acknowledgement(as described in Article 1 above) are submitted to CLT to be attached to the Lease when it is transferred to the heirs. a) the spouse of the Homeowner; or b) the child or children of the Homeowner; or c) member(s)of the Homeowner's household who have resided in the Home for at least one year immediately prior to Homeowner's death. Any other heirs, legatees or devisees of Homeowner, in addition to submitting Letters of Agreement and Acknowledgment as provided above, must demonstrate to CLT's satisfaction that they are Income-Qualified Persons as defined above. If they cannot demonstrate that they are Income- Qualified Persons,they shall not be entitled to possession of the Home but must transfer the Home in accordance with the provisions of this Article 10. -16- • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • Comment:Designated heirs may remain in the home following the death of a lessee, regardless of their income. Any other heirs would need to be income-qualified in order to move into the home and assume the remainder of the lease term. 10.4 HOMEOWNER'S NOTICE OF INTENT TO SELL: In the event that Homeowner wishes to sell Homeowner's Property, Homeowner shall notify CLT in writing of such wish (the Intent-to-Sell Notice). This Notice shall include a statement as to whether Homeowner wishes to recommend a prospective buyer as of the date of the Notice. 10.5 UPON RECEIVING NOTICE, CLT HAS AN OPTION TO PURCHASE THE HOME. Upon receipt of an Intent-to-Sell Notice from Homeowner,CLT shall have the option to purchase the Home at the Purchase Option Price calculated as set forth below. The Purchase Option is designed to further the purpose of preserving the affordability of the Home for succeeding Income-Qualified Persons while taking fair account of the investment by the Homeowner. Comment:The Bridger View CLT will carry a pre-emptive option to purchase a CLT home upon receiving notice of intent to sell by the homeowner. If CLT elects to purchase the Home, CLT shall exercise the Purchase Option by notifying Homeowner, in writing, of such election (the Notice of Exercise of Option) within forty-five (4S) days of the receipt of the Intent-to-Sell Notice, or the Option shall expire. Having given such notice, CLT may either proceed to purchase the Home directly or may assign the Purchase Option to an Income-Qualified Person. • The purchase(by CLT or CLT's assignee) must be completed within sixty(60) days of CLT's Notice of Exercise of Option, or Homeowner may sell the Home and Homeowner's rights to the Leased Land as provided in Section 10.7 below.The time permitted for the completion of the purchase may be extended by mutual agreement of CLT and Homeowner. Homeowner may recommend to CLT a prospective buyer who is an Income-Qualified Person and is prepared to submit a Letter of Agreement and Attorney's Letter of Acknowledgement indicating informed acceptance of the terms of this Lease. CLT shall make reasonable efforts to arrange for the assignment of the Purchase Option to such person, unless CLT determines that its charitable mission is better served by retaining the Home for another purpose or transferring the Home to another party. 10.6 IF PURCHASE OPTION EXPIRES, HOMEOWNER MAY SELL ON CERTAIN TERMS: If the Purchase Option has expired or if CLT has failed to complete the purchase within the sixty-day period allowed by Section 10.6 above, Homeowner may sell the Home to any Income-Qualified Person for not more than the then applicable Purchase Option Price. If Homeowner has made diligent efforts to sell the Home for at least six months after the expiration of the Purchase Option (or six months after the expiration of such sixty-day period) and the Home still has not been sold, Homeowner may then sell the Home,for a price no greater than the then applicable Purchase Option Price, to any party regardless of whether that party is an Income-Qualified Person. 10.7 AFTER ONE YEAR CLT SHALL HAVE POWER OF ATTORNEY TO CONDUCT SALE: If CLT does not exercise its option and complete the purchase of Homeowner's Property as described above, and if • Homeowner(a) is not then residing in the Home and (b) continues to hold Homeowner's Property -17- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 out for sale but is unable to locate a buyer and execute a binding purchase and sale agreement • within one year of the date of the Intent to Sell Notice, Homeowner does hereby appoint CLT its attorney in fact to seek a buyer, negotiate a reasonable price that furthers the purposes of this Lease, sell the property, and pay to the Homeowner the proceeds of sale, minus CLT's costs of sale and any other sums owed CLT by Homeowner. 10.8 PURCHASE OPTION PRICE EQUALS LESSER OF APPRAISED VALUE OF THE HOME OR FORMULA PRICE: In no event may the Home be sold for a price that exceeds the Purchase Option Price. The Purchase Option Price shall be the lesser of(a)the Appraised Leasehold Value of Home at Resale or (b)the price calculated in accordance with the formula described below. If CLT does not choose to commission an Appraisal to determine the appraised value of the Home,the Purchase Option Price shall be the Formula Price. Comment:The resale price is always the lesser of(a)the appraised value of the leasehold estate or(b)the price determined by the resale formula in this lease agreement. If there is concern the appraised value might be lower than the formula price, Bridger View CLT(in accordance with 10.9 immediately below)may order an appraisal to establish the market value of the leasehold estate. 10.9 IF CLT BELIEVES LEASEHOLD VALUE MAY BE LESS THAN FORMULA PRICE: If CLT believes that the leasehold value of the Home at Resale may be less that the Formula Price, CLT may, within 14 days of receiving Homeowner's Notice of Intent to Sell, commission a market leasehold valuation of the Home to be performed by a duly licensed appraiser acceptable to CLT and Homeowner. CLT shall pay the cost of such Appraisal. The Appraisal shall be conducted by analysis and comparison of comparable properties as though title to Leased Land and Home were held in fee simple absolute by a single party, disregarding all of the restrictions of this Lease on the use, occupancy and transfer of • the property. Copies of the Appraisal are to be provided to both CLT and Homeowner. 10.10 HOW THE FORMULA PRICE IS CALCULATED: The Formula Price shall be equal to the amount of Homeowner's Base Price (which CLT and Homeowner agree, as of the date of the signing of this lease, is$ ) plus simple interest of one and one-half percent(1.50%)for each year the Homeowner owns the Home. Comment:All CLT resale formulas assume that CLT homeowners are able to keep their earned equity plus some share of any increase, during their ownership, in the value of the improvements they own and the land they lease. This resale formula is a placeholder,pending deliberation and decision-making by the Bridger View CLT board of directors. This is an example of a fixed-rate indexed resale formula,allowing the homeowner to receive a return of 1.5%simple interest for each year they own and occupy the home.An alternative is to use an appraisal-based resale formula that allows the seller to keep a designated percentage(e.g.,20%or 2S%)of the increase in the value of the leasehold estate from the date of purchase to the time of resale, as determined by market appraisal. 10.11 QUALIFIED PURCHASER SHALL RECEIVE NEW LEASE: The CLT shall issue a new lease to any person who purchases the Home in accordance with the terms of this Article 10. The terms of such lease shall be the same as those of new leases issued to homebuyers at that time for land not previously leased by the CLT. 10.12 PURCHASER MAY BE CHARGED A TRANSFER FEE. In the event that Homeowner sells the home to a party other than the CLT(whether directly to such party or as a result of CLT's assignment of its Purchase Option to such party),the price to be paid by such purchaser shall include in addition to the -18- • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 Purchase Option Price, at the discretion of the CLT, a transfer fee to compensate the CLT for carrying out its responsibilities with regard to the transaction. The amount of the transfer fee shall be no more than %of the Purchase Option Price. Comment:eridger View CLT will have the right to mark up the price, modestly, to the incoming homebuyer— but for no more than a specified—and modest—percentage of the Purchase Option Price. 10.13 HOMEOWNER REQUIRED TO MAKE NECESSARY REPAIRS AT TRANSFER: The Homeowner is required to make necessary repairs when she voluntarily transfers the Home as follows: a) The person purchasing the Home ("Buyer")shall, prior to purchasing the Home, hire at her sole expense a home inspector with a current Home Inspector license to assess the condition of the Home and prepare a written report of the condition ("Inspection Report"). The Homeowner shall cooperate fully with the inspection. b) The Buyer shall provide a copy of the Inspection Report to Buyer's lender(if any),the Homeowner, and the CLT within 10 days after receiving the Inspection Report. c) Homeowner shall repair specific reported defects or conditions necessary to bring the Home into full compliance with Sections 4.2 and 7.5 above prior to transferring the Home. d) Homeowner shall bear the full cost of the necessary repairs and replacements. However, upon Homeowner's written request,the CLT may allow the Homeowner to pay all or a portion of the repair costs after transfer,from Homeowner's proceeds of sale, if Homeowner cannot afford to pay such costs prior to the transfer. In such event, either(i) 150%of the unpaid estimated cost of repairs or(ii) 100%of the unpaid cost of completed repairs shall be withheld from Homeowner's proceeds of sale in a CLT-approved escrow account. • Homeowner shall allow CLT, Buyer, and Buyer's building inspector and lender's representative to inspect the repairs prior to closing to determine that the repairs have been satisfactorily completed. e) Upon sale or other transfer, Homeowner shall either(i)transfer the Home with all originally purchased appliances or replacements in the Home in good working order or(ii) reduce the Purchase Option Price by the market value of any such appliances that are not left with the Home in good working order. Comment:This is a protection to ensure that the home is well cared for—and, in the unlikely event it is not, that the homeowner will be responsible for paying for necessary repairs before resale. ARTICLE 11: RESERVED ARTICLE 12: DEFAULT 12.1 WHAT HAPPENS IF HOMEOWNER FAILS TO MAKE PAYMENTS TO THE CLTTHAT ARE REQUIRED BY THE LEASE: It shall be an event of default if Homeowner fails to pay the Lease Fee or other charges required by the terms of this Lease and such failure is not cured by Homeowner or a Permitted Mortgagee within thirty(30) days after notice of such failure is given by CLT to Homeowner and Permitted Mortgagee. However, if Homeowner makes a good faith partial payment of at least two-thirds(2/3)of the amount owed during the 30-day cure period, then the cure period shall be extended by an additional 30 days. 12.2 WHAT HAPPENS IF HOMEOWNER VIOLATES OTHER(NONMONETARY)TERMS OF THE LEASE: It shall be an event of default if Homeowner fails to abide by any other requirement or restriction i _19_ Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 stated in this Lease, and such failure is not cured by Homeowner or a Permitted Mortgagee within sixty(60) days after notice of such failure is given by CLT to Homeowner and Permitted Mortgagee. However, if Homeowner or Permitted Mortgagee has begun to cure such default within the 60-day .. cure period and is continuing such cure with due diligence but cannot complete the cure within the 60-day cure period,the cure period shall be extended for as much additional time as may be reasonably required to complete the cure. 12.3 WHAT HAPPENS IF HOMEOWNER DEFAULTS AS A RESULT OF JUDICIAL PROCESS: It shall be an event of default if the estate hereby created is taken on execution or by other process of law, or if Homeowner is judicially declared bankrupt or insolvent according to law, or if any assignment is made of the property of Homeowner for the benefit of creditors, or if a receiver,trustee in involuntary bankruptcy or other similar officer is appointed to take charge of any substantial part of the Home or Homeowner's interest in the Leased Land by a court of competent jurisdiction, or if a petition is filed for the reorganization of Homeowner under any provisions of the Bankruptcy Act now or hereafter enacted, or if Homeowner files a petition for such reorganization, or for arrangements under any provision of the Bankruptcy Act now or hereafter enacted and providing a plan for a debtor to settle, satisfy or extend the time for payment of debts. 12.4 A DEFAULT(UNCURED VIOLATION) GIVES CLT THE RIGHT TO TERMINATE THE LEASE OR EXERCISE ITS PURCHASE OPTION: a) TERMINATION: In the case of any of the events of default described above, CLT may terminate this lease and initiate summary proceedings under applicable law against Homeowner, and CLT shall have all the rights and remedies consistent with such laws and resulting court orders to enter the Leased Land and Home and repossess the entire Leased Land and Home, and expel Homeowner and • those claiming rights through Homeowner. In addition, CLT shall have such additional rights and remedies to recover from Homeowner arrears of rent and damages from any preceding breach of any covenant of this Lease. If this Lease is terminated by CLT pursuant to an Event of Default,then, as provided in Section 7.7 above, upon thus assuming title to the Home, CLT shall pay to Homeowner and any Permitted Mortgagee an amount equal to the Purchase Option Price calculated in accordance with Section 10.9 above, as of the time of reversion of ownership, less the total amount of any unpaid Lease Fee and any other amounts owed to the CLT under the terms of this Lease and all reasonable costs(including reasonable attorneys' fees) incurred by CLT in pursuit of its remedies under this Lease. If CLT elects to terminate the Lease,then the Permitted Mortgagee shall have the right(subject to Article 8 above and the attached Exhibit: Permitted Mortgages)to postpone and extend the specified date for the termination of the Lease for a period sufficient to enable the Permitted Mortgagee or its designee to acquire Homeowner's interest in the Home and the Leased Land by foreclosure of its mortgage or otherwise. b) EXERCISE OF OPTION: In the case of any of the events of default described above, Homeowner hereby grants to the CLT(or its assignee)the option to purchase the Home for the Purchase Option Price as such price is defined in Article 10 above. Within thirty(30)days after the expiration of any applicable cure period as established in Sections 12.1 or 12.2 above or within 30 days after any of the events constituting an Event of Default under Section 12.3 above, CLT shall notify the Homeowner -20- • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • and the Permitted Mortgagee(s) of its decision to exercise its option to purchase under this Section 12.4(b). Not later than ninety(90) days after the CLT gives notice to the Homeowner of the CLT's intent to exercise its option under this Section 12.4(a), the CLT or its assignee shall purchase the Home for the Purchase Option Price. 12.5 WHAT HAPPENS IF CLT DEFAULTS: CLT shall in no event be in default in the performance of any of its obligations under the Lease unless and until CLT has failed to perform such obligations within sixty(60) days, or such additional time as is reasonably required to correct any default, after notice by Homeowner to CLT properly specifying CLT's failure to perform any such obligation. Comment: This Article outlines what happens—and what recourse BCLT will have—in the unlikely event that a homeowner doesn't abide by the terms of this agreement to which s/he is a party. ARTICLE 13: Mediation and Arbitration 13.1 Nothing in this Lease shall be construed as preventing the parties from utilizing any process of mediation or arbitration in which the parties agree to engage for the purpose of resolving a dispute. 13.2 Homeowner and CLT shall each pay one half(50%)of any costs incurred in carrying out mediation or arbitration in which the parties have agreed to engage. Comment:Disagreements and conflict between the homeowner and the CLT that cannot be settled otherwise can be taken to mediation or arbitration. If the dispute goes to arbitration or mediation, the CLT and the homeowner agree to split the cost 50150. • ARTICLE 14: GENERAL PROVISIONS 14.1 NOTICES: Whenever this Lease requires either party to give notice to the other,the notice shall be given in writing and delivered in person or mailed, by certified or registered mail, return receipt requested,to the party at the address set forth below, or such other address designated by like written notice: If to CLT: Bridger View Community Land Trust(insert address here) If to Homeowner: (name of Homeowner) All notices, demands and requests shall be effective upon being deposited in the United States Mail or, in the case of personal delivery, upon actual receipt. 14.2 NO BROKERAGE: Homeowner warrants that it has not dealt with any real estate broker other than in connection with the purchase of the Home. If any claim is made against CLT regarding dealings with brokers other than , Homeowner shall defend CLT against such claim with counsel of CLT's selection and shall reimburse CLT for any loss, cost or damage which may result from such claim. 14.3 SEVERABILITY AND DURATION OF LEASE: If any part of this Lease is unenforceable or invalid, such material shall be read out of this Lease and shall not affect the validity of any other part of this Lease or give rise to any cause of action of Homeowner or CLT against the other, and the remainder of this Lease shall be valid and enforced to the fullest extent permitted by law. It is the intention of the parties that CLT's option to purchase and all other rights of both parties under this Lease shall continue in effect for the full term of this Lease and any renewal thereof, and shall be considered to • -21- • • r Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 be coupled with an interest. In the event any such option or right shall be construed to be subject to • any rule of law limiting the duration of such option or right,the time period for the exercising of such option or right shall be construed to expire twenty(20)years after the death of the last survivor of the following persons: Comment:The Bridger View CLT will list here an identifiable group of small children, e.g., the children living as of the date of this Lease of any of the directors or employees of a specified entity. 14.4 RIGHT OF FIRST REFUSAL IN LIEU OF OPTION: If the provisions of the purchase option set forth in Article 10 of this Lease shall,for any reason, become unenforceable, CLT shall nevertheless have a right of first refusal to purchase the Home at the highest documented bona fide purchase price offer made to Homeowner. Such right shall be as specified in Exhibit FIRST REFUSAL. Any sale or transfer contrary to this Section, when applicable, shall be null and void. 14.5 WAIVER: The waiver by CLT at any time of any requirement or restriction in this Lease, or the failure of CLT to take action with respect to any breach of any such requirement or restriction, shall not be deemed to be a waiver of such requirement or restriction with regard to any subsequent breach of such requirement or restriction, or of any other requirement or restriction in the Lease. CLT may grant waivers in the terms of this Lease, but such waivers must be in writing and signed by CLT before being effective. The subsequent acceptance of Lease Fee payments by CLT shall not be deemed to be a waiver of any preceding breach by Homeowner of any requirement or restriction in this Lease, other than the failure of the Homeowner to pay the particular Lease Fee so accepted, regardless of CLT's knowledge of such preceding breach at the time of acceptance of such Lease Fee payment. • 14.6 CLT'S RIGHT TO PROSECUTE OR DEFEND: CLT shall have the right, but shall have no obligation, to prosecute or defend, in its own or the Homeowner's name, any actions or proceedings appropriate to the protection of its own or Homeowner's interest in the Leased Land. Whenever requested by CLT, Homeowner shall give CLT all reasonable aid in any such action or proceeding. 14.7 CONSTRUCTION: Whenever in this Lease a pronoun is used it shall be construed to represent either the singular or the plural, masculine or feminine, as the case shall demand. 14.8 HEADINGS AND TABLE OF CONTENTS: The headings, subheadings and table of contents appearing in this Lease are for convenience only, and are not a part of this Lease and do not in any way limit or amplify the terms or conditions of this Lease. 14.9 PARTIES BOUND: This Lease sets forth the entire agreement between CLT and Homeowner with respect to the leasing of the Land; it is binding upon and inures to the benefit of these parties and, in accordance with the provisions of this Lease,their respective successors in interest. This Lease may be altered or amended only by written notice executed by CLT and Homeowner or their legal representatives or, in accordance with the provisions of this Lease,their successors in interest. 14.10 GOVERNING LAW: This Lease shall be interpreted in accordance with and governed by the laws of the State of Texas. The language in all parts of this Lease shall be, in all cases, construed according to its fair meaning and not strictly for or against CLT or Homeowner. 14.11 RECORDING: The parties agree, as an alternative to the recording of this Lease,to execute a so-called Notice of Lease or Short Form Lease in form recordable and complying with applicable law -22- • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • and reasonably satisfactory to CLT's attorneys. In no event shall such document state the rent or other charges payable by Homeowner under this Lease; and any such document shall expressly state that it is executed pursuant to the provisions contained in this Lease, and is not intended to vary the terms and conditions of this Lease IN WITNESS WHEREOF,the parties have executed this lease at on the day and year first above written. Bridger View Community Land Trust By: Witness Its duly authorized agent (Homeowner): • Witness [notarize signatures] • -23- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 Exhibit LETTER OF AGREEMENT As referenced in Article 1. To: Bridger View Community Land Trust("the CLT") Date: This letter is given to the CLT to become an exhibit to a Lease between the CLT and me. I will be leasing a parcel of land from the CLT and will be buying the home that sits on that parcel of land. I will therefore become what is described in the Lease as a "the Homeowner." I have reviewed the terms and conditions of the Lease and other legal documents that are part of this transaction and,have had the opportunity to have my legal counsel, if any, review the same. I understand the way these terms and conditions will affect my rights as a CLT homeowner, now and in the future. In particular I understand and agree with the following points. • One of the goals of the CLT is to keep CLT homes affordable for lower income households from one CLT homeowner to the next. I support this goal as a CLT homeowner and as a member of the CLT. • The terms and conditions of my Lease will keep my home affordable for future "income- qualified persons" (as defined in the Lease). If and when I want to sell my home,the lease requires that I sell it either to the CLT or to another income-qualified person: The terms and conditions of the lease also limit the price for which I can sell the home, in order to keep it • affordable for such income-qualified persons. • It is also a goal of the CLT to promote resident ownership of CLT homes. For this reason, my Lease requires that, if my family and I move out of our home permanently,we must sell it. We cannot continue to own it as absentee owners. • I understand that I can leave my home to my child or children or other members of my household and that, after my death,they can own the home for as long as they want to live in it and abide by the terms of the Lease, or they can sell it on the terms permitted by the Lease. • As a CLT homeowner and a member of the CLT, it is my desire to see the terms of the Lease and related documents honored. I consider these terms fair to others and me. Sincerely -24- • 1 Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • Sample Exhibit LETTER OF ATTORNEYS ACKNOWLEDGMENT As referenced in Article 1. have been independently employed by (hereinafter"the Client")who intends to purchase a house and other Home (the "Home")on land to be leased from the Bridger View Community Land Trust. The house and land are located at In connection with the contemplated purchase of the Home and the leasing of the land, I* reviewed with the Client the following documents: a)this Letter of Attorney's Acknowledgment and a Letter of Agreement from the Client; b) a proposed Deed conveying the Home to the Client; c) a proposed Ground Lease conveying the "Leased Land"to the Client; d)other written materials provided by the CLT. The Client has received full and complete information and advice regarding this conveyance and the foregoing documents. In my review of these documents my purpose has been to reasonably inform the Client of the present and foreseeable risks and legal consequences of the contemplated transaction. The Client is entering the aforesaid transaction in reliance on her own judgment and upon her investigation of the facts. The advice and information provided by me was an integral element of • such investigation. Name Date Title Firm/Address -zs- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 Exhibit LAND Correct legal description of area of Leased Land and appurtenant title rights and obligations 41 • 1 a -26- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • Exhibit DEED Use actual deed. • • -27- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 Exhibit: PERMITTED MORTGAGES • The rights and provisions set forth in this Exhibit shall be understood to be provisions of Section 8.2 of the Lease. All terminology used in this Exhibit shall have the meaning assigned to it in the Lease. A.OBLIGATIONS OF PERMITTED MORTGAGEE. Any Permitted Mortgagee shall be bound by each of the following requirements unless the particular requirement is removed, contradicted or modified by a rider to this Lease signed by the Homeowner and the CLT to modify the terms of the Lease during the term of the Permitted Mortgage. 1. If Permitted Mortgagee sends a notice of default to the Homeowner because the Homeowner has failed to comply with the terms of the Permitted Mortgage,the Permitted Mortgagee shall, at the same time, send a copy of that notice to the CLT. Upon receiving a copy of the notice of default and within that period of time in which the Homeowner has a right to cure such default(the "cure period"),the CLT shall have the right to cure the default on the Homeowner's behalf, provided that all current payments due the Permitted Mortgagee since the notice of default was given are made to the Permitted Mortgagee. 2. If, after the cure period has expired,the Permitted Mortgagee intends to accelerate the note secured by the Permitted Mortgage or begin foreclosure proceedings under the Permitted Mortgage, the Permitted Mortgagee shall first notify CLT of its intention to do so, and CLT shall then have the right, upon notifying the Permitted Mortgagee within thirty(30) days of receipt of such notice,to acquire the Permitted Mortgage by paying off the debt secured by the Permitted Mortgage. 3. If the Permitted Mortgagee acquires title to the Home through foreclosure or acceptance of a deed in lieu of foreclosure,the Permitted Mortgagee shall give CLT written notice of such acquisition • and CLT shall then have an option to purchase the Home from the Permitted Mortgagee for the full amount owing to the Permitted Mortgagee under the Permitted Mortgage. To exercise this option to purchase, CLT must give written notice to the Permitted Mortgagee of CLT's intent to purchase the Home within thirty(30) days following CLT's receipt of the Permitted Mortgagee's notice. CLT must then complete the purchase of the Home within sixty(60) days of having given written notice of its intent to purchase. If CLT does not complete the purchase within this 60-day period,the Permitted Mortgagee shall be free to sell the Home to another person. 4. Nothing in the Permitted Mortgage or related documents shall be construed as giving Permitted Mortgagee a claim on CLT's interest in the Leased Land, or as assigning any form of liability to the CLT with regard to the Leased Land, the Home, or the Permitted Mortgage. S. Nothing in the Permitted Mortgage or related documents shall be construed as rendering CLT or any subsequent Mortgagee of CLT's interest in this Lease, or their respective heirs, executors, successors or assigns, personally liable for the payment of the debt secured by the Permitted Mortgage or any part thereof. 6. The Permitted Mortgagee shall not look to CLT or CLT's interest in the Leased Land, but will look solely to Homeowner, Homeowner's interest in the Leased Land, and the Home for the payment of the debt secured thereby or any part thereof. (It is the intention of the parties hereto that CLT's consent to such the Permitted Mortgage shall be without any liability on the part of CLT for any deficiency judgment.) -28- • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 • 7. In the event any part of the Security is taken in condemnation or by right of eminent domain,the proceeds of the award shall be paid over to the Permitted Mortgagee in accordance with the provisions of ARTICLE 9 hereof. 8. CLT shall not be obligated to execute an assignment of the Lease Fee or other rent payable by Homeowner under the terms of this Lease. B. RIGHTS OF PERMITTED MORTGAGEE.The rights of a Permitted Mortgagee as referenced under Section 8.6 of the Lease to which this Exhibit is attached shall be as set forth below. 1. Any Permitted Mortgagee shall, without further consent by CLT, have the right to (a)cure any default under this Lease, and perform any obligation required under this Lease, such cure or performance being effective as if it had been performed by Homeowner; (b) acquire and convey, assign, transfer and exercise any right, remedy or privilege granted to Homeowner by this Lease or otherwise by law, subject to the provisions, if any, in the Permitted Mortgage,which may limit any exercise of any such right, remedy or privilege; and (c) rely upon and enforce any provisions of the Lease to the extent that such provisions are for the benefit of a Permitted Mortgagee. 2. A Permitted Mortgagee shall not be required, as a condition to the exercise of its rights under the Lease,to assume personal liability for the payment and performance of the obligations of the Homeowner under the Lease. Any such payment or performance or other act by Permitted Mortgagee under the Lease shall not be construed as an agreement by Permitted Mortgagee to assume such personal liability except to the extent Permitted Mortgagee actually takes possession of . the Home and Leased Land. In the event Permitted Mortgagee does take possession of the Home and Leased Land and thereupon transfers such property, any such transferee shall be required to enter into a written agreement assuming such personal liability and upon any such assumption the Permitted Mortgagee shall automatically be released from personal liability under the Lease. 3. In the event that title to the estates of both CLT and Homeowner are acquired at any time by the same person or persons, no merger of these estates shall occur without the prior written declaration of merger by Permitted Mortgagee, so long as Permitted Mortgagee owns any interest in the Security or in a Permitted Mortgage. 4. If the Lease is terminated for any reason, or in the event of the rejection or disaffirmance of the Lease pursuant to bankruptcy law or other law affecting creditors' rights, CLT shall enter into a new lease for the Leased Land with the Permitted Mortgagee (or with any party designated by the Permitted Mortgagee, subject to CLT's approval, which approval shall not be unreasonably withheld), not more than thirty(30) days after the request of the Permitted Mortgagee. Such lease shall be for the remainder of the term of the Lease, effective as of the date of such termination, rejection or disaffirmance, and upon all the terms and provisions contained in the Lease. However,the Permitted Mortgagee shall make a written request to CLT for such new lease within sixty(60) days after the effective date of such termination, rejection or disaffirmance, as the case may be. Such written request shall be accompanied by a copy of such new lease, duly executed and acknowledged by the Permitted Mortgagee or the party designated by the Permitted Mortgagee to be the Homeowner thereunder. Any new lease made pursuant to this Section shall have the same priority with respect to other interests in the Land as the Lease. The provisions of this Section shall survive the termination, rejection or disaffirmance of the Lease and shall continue in full effect thereafter to the • -29- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 same extent as if this Section were independent and an independent contract made by CLT, • Homeowner and the Permitted Mortgagee. S. The CLT shall have no right to terminate the Lease during such time as the Permitted Mortgagee has commenced foreclosure in accordance.with the provisions of the Lease and is diligently pursuing the same. 6. In the event that CLT sends a notice of default under the Lease to Homeowner, CLT shall also send a notice of Homeowner's default to Permitted Mortgagee. Such notice shall be given in the manner set forth in Section 14.2 of the Lease to the Permitted Mortgagee at the address which has been given by the Permitted Mortgagee to CLT by a written notice to CLT sent in the manner set forth in said Section 14.2 of the Lease. 7. In the event of foreclosure sale by a Permitted Mortgagee or the delivery of a deed to a Permitted Mortgagee in lieu of foreclosure in accordance with the provisions of the Lease, at the election of the Permitted Mortgagee the provisions of Article 10, Sections 10.1 through 10.11 shall be deleted and thereupon shall be of no further force or effect as to only so much of the Security so foreclosed upon or transferred. 8. Before becoming effective, any amendments to this Lease must be approved in writing by Permitted Mortgagee,which approval shall not be unreasonably withheld. If Permitted Mortgagee has neither approved nor rejected a proposed amendment within 60 days of its submission to Permitted Mortgagee,then the proposed amendment shall be deemed to be approved. C. STANDARD PERMITTED MORTGAGE AGREEMENT. A Standard Permitted Mortgage Agreement, as identified in Section 8.4 of this Lease, shall be written as follows, and shall be signed by Mortgagee and Homeowner. This Agreement is made by and among: (Mortgagee)and ("Homeowner"), Whereas: a) Bridger View CLT(the "CLT")and Homeowner have entered, or are entering,.into a ground lease ("the Lease"), conveying to Homeowner a leasehold interest in the Land located at ("the Leased Land");and Homeowner has purchased, or is purchasing, the Home located on the Leased Land("the Home"). b) The Mortgagee has been asked to provide certain financing to the Homeowner, and is being granted concurrently herewith a mortgage and security interest(the "Mortgage")in the Leased Land and Home, all as more particularly set forth in the Mortgage, attached hereto as Schedule A. c) The Ground Lease states that the Homeowner may mortgage the Leased Land only with the written consent of CLT. The Ground Lease further provides that CLT is required to give such consent only if the Mortgagee signs this Standard Permitted Mortgage Agreement and thereby agrees to certain conditions that are stipulated herein("the Stipulated Conditions"). Now, therefore, the Homeowner/Mortgagor and the Mortgagee hereby agree that the terms and conditions of the Mortgage shall include the Stipulated Conditions stated below. -30- • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 Stipulated Conditions: 1)If Mortgagee sends a notice of default to the Homeowner because the Homeowner has failed to comply with the terms of the Mortgage, the Mortgagee shall, at the same time, send a copy of that notice to the CLT. Upon receiving a copy of the notice of default and within that period of time in which the Homeowner has a right to cure such default(the "cure period"), the CLT shall have the right to cure the default on the Homeowner's behalf, provided that all current payments due the Permitted Mortgagee since the notice of default was given are made to the Mortgagee. 2) If, after such cure period, the Mortgagee intends to accelerate the note secured by the Mortgage or initiate foreclosure proceedings under the Mortgage, in accordance with the provisions of the Lease, the Mortgagee shall first notify CLT of its intention to do so and CLT shall have the right, but not the obligation, upon notifying the Mortgagee within thirty(30)days of receipt of said notice, to purchase the Mortgagee loans and to take assignment of the Mortgage. 3)If the Mortgagee acquires title to the Home and Homeowner's interest in the Leased Land through foreclosure or acceptance of a deed in lieu of foreclosure, the Mortgagee shall give the CLT written notice of such acquisition and the CLT shall have an option to purchase the Home and Homeowner's interest in the Leased Land from the Mortgagee for the full amount owing to the Mortgagee;provided, however, that the CLT notifies the Mortgagee in writing of the CLT's intent to make such purchase within thirty(30)days following the CO s receipt of the Mortgagee's notice of such acquisition of the Home and Homeowner's interest in the Leased Land;further provided that CLT shall complete such purchase within sixty(60)days of having given written • notice of its intent to purchase,and provided that, if the CLT does not complete the purchase within such period, the Mortgagee shall be free to sell the Home and Homeowner's interest in the Leased Land to another person; 4) Nothing in the Mortgage or related documents shall be construed as giving the Mortgagee a claim on CLT's interest in the Leased Land, or as assigning any form of liability to the CLT with regard to the Leased Land, the Home, or the Mortgage. 5)Nothing in the Mortgage shall be construed as rendering CLT or any subsequent holder of the CLT's interest in and to the Lease, or their respective heirs, executors, successors or assigns, personally liable for the payment of the debt evidenced by such note and such Mortgage or any part thereof. 6) The Mortgagee shall not look to CLT or CLT's interest in the Leased Land, but will look solely to Homeowner and Homeowner's interest in the Leased Land and the Home for the payment of the debt secured by the Mortgage. (It is the intention of the parties hereto that CLT's consent to the Mortgage shall be without any liability on the part of CLT for any deficiency judgment.) 7) In the event that any part of the Leased Land is taken in condemnation or by right of eminent domain, the proceeds of the award shall be paid over to the Mortgagee in accordance with the provisions of Article 9 of the Lease. 8) Nothing in the Mortgage shall obligate CLT to execute an assignment of the Lease Fee or other rent payable by Homeowner under the terms of this lease. • -31- 1 Bridger View Community Land Trust Grour:d Lease Initial Draft:August 2019 �F 11 1� 111 • iNl By: if ji for Mortgagee Date: J! :;)_for Homeowner/Mortgagor Date: I� , F P' i� h I i� i �li • d 1 -32- • N,� • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 Exhibit FIRST REFUSAL Whenever any party under the Lease shall have a right of first refusal as to certain property,the following procedures shall apply. If the owner of the property offering it for sale ("Offering Party") shall within the term of the Lease receive a bona fide third party offer to purchase the property which such Offering Party is willing to accept,the holder of the right of first refusal (the "Holder") shall have the following rights: a) Offering Party shall give written notice of such offer ("the Notice of Offer")to Holder setting forth (a)the name and address of the prospective purchaser of the property, (b)the purchase price offered by the prospective purchaser and (c) all other terms and conditions of the sale. Holder shall have a period of forty-five (45) days after the receipt of the Notice of Offer("the Election Period") within which to exercise the right of first refusal by giving notice of intent to purchase the property ("the Notice of Intent to Purchase")for the same price and on the same terms and conditions set forth in the Notice of Offer. Such Notice of Intent to Purchase shall be given in writing to the Offering Party within the Election Period. b) If Holder exercises the right to purchase the property, such purchase shall be completed within sixty(60) days after the Notice of Intent to Purchase is given by Holder(or if the Notice of Offer shall specify a later date for closing, such date) by performance of the terms and conditions of the Notice • of Offer, including payment of the purchase price provided therein. c)Should Holder fail to exercise the right of first refusal within the Election Period,then the Offering Party shall have the right(subject to any other applicable restrictions in the Lease)to go forward with the sale which the Offering Party desires to accept, and to sell the property within one(1)year following the expiration of the Election Period on terms and conditions which are not materially more favorable to the purchaser than those set forth in the Notice. If the sale is not consummated within such one-year period,the Offering Party's right so to sell shall end, and all of the foregoing provisions of this section shall be applied again to any future offer, all as aforesaid. If a sale is consummated within such one-year period, the purchaser shall purchase subject to the Holder having a renewed right of first refusal in said property. • -33- Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 i; Exhibit INITIAL APPRAISAL Attach copy of initial appraisal. h i i, -34- • Bridger View Community Land Trust Ground Lease Initial Draft:August 2019 Exhibit STANDARD PERMITTED MORTGAGE AGREEMENT Attach agreement signed by lender and by homeowner, as specified section 8.c of the 'Permitted Mortgage Agreement' exhibit above. • • -35- • • y � ll BRIDGER VIEW redevelopment Section 1 0 . f Preliminary Platting Certificate Bridger View Redevelopment Preliminary Planned Unit Development Application r H R DC �� i ;� i • ��' .. ;�� ,�, r ,� i l 1 • �� !� �I, y ', i �} i; i/R �' �, �' '� ,�' i ' , �t' I�� '�� ��l f�► t :, M T E MONTANA TITLE & ESCROW A MOTHER LODE COMrANY STAHLY ENGINEERING &ASSOCIATES, INC. ATTN: CORDELL POOL 851 BRIDGER DRIVE, SUITE 1 BOZEMAN, MT 59715 Date: September 18, 2019 To our valued customer, Re: BRIDGER VIEW REDEVELOPMENT P.U.D. Enclosed please find your requested Plat Certificate regarding the following preliminary plat for: BRIDGER VIEW REDEVELOPMENT P.U.D. and owned by: HUMAN RESOURCES DEVELOPMENT COUNCIL DISTRICT IX, INC.,A MONTANA NONPROFIT CORPORATION Please review the attached in its entirety. In the event that you find any discrepancy, or if you have any questions regarding the platting certificate, you may contact the Diana Smith at: Email: desmith@montanatitle.com Telephone: (406) 587-7702 Fax: (406) 587-2891 Please refer to our Order No. M-26196. We believe in delivering quality products that meet your needs, and our goal is to provide the most efficient and reliable service in the industry. Thank you for giving us the opportunity to serve you! Sincerely, Montana Title & Escrow, Inc. 1925 N. 22nd Avenue, Suite 102 Bozeman, MT 59718 • Montana Title & Escrow, Inc. 1925 N. 22nd Avenue, Suite 102 0 Bozeman, MT 59718 PLATTING CERTIFICATE • Order Number: M-26196 This Platting Certificate covers a tract of land to be known as: BRIDGER VIEW REDEVELOPMENT P.U.D. r� Record Owner: � HUMAN RESOURCES DEVELOPMENT COUNCIL DISTRICT IX,INC.,A MONTANA NONPROFIT CORPORATION Legal Description: SEE ATTACHED LEGAL DESCRIPTION Effective Date: August 29,2019 at 7:30AM Montana Title & Escrow, Inc., hereby certifies that the foregoing Platting Certificate shows the name of the record owner of the subject property and all of the existing liens affecting the subject property according to the office of the Clerk and Recorder of Gallatin County,State of Montana. No other report is hereby made or implied. The maximum liability for this examination is limited to the fee paid for the same. MON A TITLE AND ES W,INC. BY: 1 DIANA SMITH ti Order Number: M-26196 LEGAL DESCRIPTION A TRACT OF LAND BEING KNOWN AS THE BRIDGER VIEW MOBILE HOME COURT AS SHOWN ON CERTIFICATE OF SURVEY NO.2547, LOCATED IN THE SE1/4 OF SECTION 31,TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M.,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS THE BRIDGER VIEW REDEVELOPMENT P.U.D., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Order Number: M-26196 PLATTING CERTIFICATE EXCEPTIONS: 1. GENERAL TAXES FOR THE YEAR 2019, A LIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR • PAYABLE. TAX NOTE: TAXES,SPECIAL AND.GENERAL,ASSESSMENT DISTRICTS AND SERVICE AREAS, FOR THE YEAR 2018. PARCEL NO. RFH4490. 1ST INSTALLMENT: $4,020.91 PAID 2ND INSTALLMENT: $4,014.29 PAID TAX NOTE: CITY TAXES, SPECIAL AND GENERAL,ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2018- 2019.ACCOUNT NO. 85060.: 1ST INSTALLMENT: $ 275.01 PAID 2ND INSTALLMENT: $ 275.01 PAID 2. NO LIABILITY IS ASSUMED FOR ANY SPECIAL ASSESSMENTS, SNOW REMOVAL, SEWER ASSESSMENT OR GARBAGE ASSESSMENT NOT SET FORTH IN THE ASSESSMENT BOOKS OF THE CITY OF BOZEMAN. 3. ALL RIGHTS,TITLES OR INTERESTS IN MINERALS OF ANY KIND, OIL, GAS, COAL, OR OTHER HYDROCARBONS AND THE CONSEQUENCES OF THE RIGHT TO MINE OR REMOVE SUCH SUBSTANCES INCLUDING, BUT NOT LIMITED TO EXPRESS OR IMPLIED EASEMENTS AND RIGHTS TO ENTER UPON AND USE THE SURFACE OF THE LAND FOR EXPLORATION, DRILLING OR EXTRACTION RELATED PURPOSES. (THIS COMMITMENT OR POLICY DOES NOT PURPORT TO DISCLOSE DOCUMENTS OF RECORD PERTAINING TO THE ABOVE REFERENCED RIGHTS.) 4. RIGHT OF WAY FOR DITCHES, CREEKS, CANALS, AND RAILROAD RIGHT OF WAYS AS THEY MAY BE LOCATED ALONG AND ACROSS THE SUBJECT PROPERTY. 5. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. RECORDED JULY 23, 1929 IN BOOK 11 OF MISC., PAGE 24, OFFICIAL RECORDS. 6. RIGHT OF WAY EASEMENT AS GRANTED TO THE MONTANA POWER COMPANY, RECORDED AUGUST 10, 1944 IN BOOK 6 AND 89, PAGE 621,AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2079795, OFFICIAL RECORDS. 7. RIGHT OF WAY EASEMENT AS GRANTED TO THE MONTANA POWER COMPANY RECORDED OCTOBER 25, 1960 IN BOOK 135, PAGE 426, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2079795, OFFICIAL RECORDS. 8. RIGHT OF WAY EASEMENT AS GRANTED TO THE MONTANA POWER COMPANY RECORDED FEBRUARY 7, 1961 IN BOOK 136, PAGE 445,AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2079795, OFFICIAL RECORDS. Order Number: M-26196 9. TERMS,CONDITIONS, RESTRICTIONS AND PROVISIONS AS CONTAINED IN AGREEMENT BY AND BETWEEN THE CITY OF BOZEMAN AND MONTANA INDUSTRIAL DEVELOPMENT CORPORATION, RECORDED FEBRUARY 15, 1972 IN FILM 13, PAGE 188,OFFICIAL RECORDS. 10. TERMS, CONDITIONS, RESTRICTIONS AND PROVISIONS OF EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER PIPELINE BY AND BETWEEN MONTANA INDUSTRIAL DEVELOPMENT CORPORATION,AS GRANTOR,AND THE CITY OF BOZEMAN,AS GRANTEE, RECORDED JULY 7, 1972 IN FILM 14, PAGE 1555, OFFICIAL RECORDS. 11. PROVISIONS AND DISCLOSURES AS CONTAINED IN PUBLIC STREET AND UTILITY EASEMENTS GRANTED TO THE CITY OF BOZEMAN, RECORDED AUGUST 22,2007 AS DOCUMENT NO. 2276369,AND OCTOBER 9, 2007 AS DOCUMENT NO. 2281033, OFFICIAL RECORDS. 12. COMMISSION RESOLUTION NO.4071 OF THE CITY COMMISSION OF THE CITY OF BOZEMAN EXTENDING BOUNDARIES OF CITY OF BOZEMAN, RECORDED OCTOBER 9, 2007 AS DOCUMENT N0, 2281031, OFFICIAL RECORDS. 13. TERMS, CONDITIONS AND PROVISIONS IN EASEMENT FROM THE TRUST FOR PUBLIC LAND TO THE CITY OF BOZEMAN, RECORDED MARCH 5, 2015 AS DOCUMENT NO. 2505448, OFFICIAL RECORDS. 14. TERMS, CONDITIONS, RESTRICTIONS AND PROVISIONS IN AMENDED ACCESS CONTROL RESOLUTION, DESIGNATION OF CONTROLLED ACCESS HIGHWAY AND FACILITY, RECORDED APRIL 6, 2015,AS DOCUMENT NO. 2507877, OFFICIAL RECORDS. 15. TERMS, CONDITIONS, RESTRICTIONS AND PROVISIONS OF SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT AS GRANTED TO THE CITY OF BOZEMAN, RECORDED SEPTEMBER 22, 2016 AS DOCUMENT NO. 2558303, OFFICIAL RECORDS. 16. TERMS, CONDITIONS, RESTRICTIONS AND PROVISIONS AS CONTAINED IN AGREEMENT FOR EXTENSION OF SEWER SERVICE ACROSS CITY PARKLAND, RECORDED NOVEMBER 23, 2016, AS DOCUMENT NO. 2564526, OFFICIAL RECORDS. 17. TERMS, CONDITIONS, RESTRICTIONS AND PROVISIONS CONTAINED IN'SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT GRANTED TO THE CITY OF BOZEMAN, RECORDED DECEMBER 7, 2016 AS DOCUMENT NO. 2565597, OFFICIAL RECORDS. 18. CONDITIONS, PROVISIONS AND DISCLOSURES OF AGREEMENT FOR REIMBURSEMENT BY AND BETWEEN THE CITY OF BOZEMAN,WAKEUP, INC. AND 2511N LLC, RECORDED JUNE 14, 2017 AS DOCUMENT NO. 2582717, OFFICIAL RECORDS. 19. NOTATIONS, EASEMENTS AND ALL OTHER DISCLOSURES AS CONTAINED ON PLATS RECORDED IN FILM 9, PAGES 1201 AND 1202, PLAT OF THE NORTHEAST ANNEXATION, PLAT J-20, AND CERTIFICATE OF SURVEY NO. 2547, DOCUMENT NO. 2220003, OFFICIAL RECORDS. 20. DISCLOSURES, AND A RESERVATION OF A NON-EXCLUSIVE,TEMPORARY EASEMENT TO USE THE BRIDGER VIEW PROPERTY AS A CONSTRUCTION STAGING AREA, VEHICLE AND EQUIPMENT STORAGE AND PARKING AREA,AND GENERAL UTILITY AREA FOR ANY AND ALL PURPOSES INVOLVING GRANTOR'S ACTIVITIES CONDUCTED ON OR INVOLVING THE ADJACENT STORY MILL COMMUNITY PARK, AND TO TERMINATE ON SEPTEMBER 30, 2020,AS SET FORTH IN DEED RECORDED JUNE 26, 2019 AS DOCUMENT NO. 2648603,OFFICIAL RECORDS. Order Number: M-26196 ********************* END OF PLATTING CERTIFICATE EXCEPTIONS ********************* i t N i i MAX F,Z` IN 1BP-MA # 43113 RIGHT OF WAY EASEMENT Mary E. Nash and kl&-wife of Bozeman, Montana, in consideration of One & no/100 Dollars, and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, grants, conveys, and warrants to THE MONTANA POvYER COMPANY, a corporation whose postoffice address is Butte, Montana, the right to construct, maintain operate and remove pipe lines for the transmission of gas and oil, and a telephone line, as now surveyed and located over, along and across that certain real property, located in Gallatin County, Montana, and particularly described as follows, to-wit: South 2 of South East 4 of Section 31, in Township I South, Range 6 East, M.P.M. WITNESS her hand this 2d day of August, 1944. Mary E. Nash + STATE OF MONTANA, ) ss. County of Gallatin160 ) On this 2d. day of august , in the year 1944, before me, Wiley S. Davis , Notary Public in and for the :3tate aforesaid, personally appeared Mary E. Nash known to me to be the parson whhose name is subscribed to the within instrument and acknowledged to me that she executed the same. RECORD OF DEEDS, VOL_. 89 . i Ili '+rI1tiFSS WlaE'?EOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this certificate first; above written. Wiley S. Davis Notary Public for the State of (NOTARIAL SEAL Montana , Residln- at Bozeman, Montana My Commisslon Expires July 1R - 1945 Filed for record August 10, 1944, at 9 :00 o 'clock A . M. Bess Fowler, County Recorder Fee - - -------------------------------------------------- ---------- ----------------------- �. • i RIGHT-OF-WAY EASEMENT m� his wife, and �/Cc�c%/E_!� his wife, Of /2e��'�'H�✓ ,Montano,fn consideration of s /o h Dollars,and other good and valuable consideration,In hond poll,the receipt of which is hereby acknowledged,grant_.,convey.,and warnmt_to THE MONTANA POWER COMPANY,o corporation,whose postof lice address Is Butte,Montana,and to Its successors,assigns and pe►mtttnes,the right to construct,maintain,operate and remove an ahrcroc tronsmission system and communication system I a pipe line for the transmission of gas as now surveyed and located over,along and across that eertoln real propeM,located h•r County,Montano,and porttcuktrly described as follows,to-wit;' ; ' I i Together with the right of access to sold right of way over and along existlag roads and traits and the right to clear and remove all timber and brush from the right of way Meat on each side of said transmission line and to cut and remove such trees outside of such right of way which may endanger sold line. WIITNFSS—&. L_hand—this L2! / day of nc.410 k,r -- l y l^a STATE OF MONTANA r County of Ar..1Trn/ Fss On this l of !�t^11I rnta�'/•' ,in the year 19rx,before me, 9.C1 vr.rn-!ea Notary Public in and for the State aforesaid,personally opi+ea^� -y Y%ter � known to me in be the persap whose name_' m bscribed to the within instrument,and acknowledged to me that s executed the some. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal on the day and year In this certificate first above written. Notary Public for the State of!to _ • t - Residing at one. t :, 110 TACv PUCUC for th MM of Wnt= n • My Ctxnmisslan expires:-_s A.I-1„ems.e J'oi 1�DE'10ED tArCarmsigaEx;dWSscvtLer-W2,tvra STATE OF MONTANAIL Pi.ATTF County Gallatin Filed Jor nord at the request ofT�fEPONTANA POWER COMPANY on the25 cry OF, 0to or 19 `A U07 StEdA and recordedInVolume of DEEDS ,peg an 11 at iA r„unty,Montana. am of Y2.00 EARL WALTbN COUNTY RECORDER DEPUTY • l . I xvi 136 n*445 - • F RIGHT-OF-WAY EASEMENT J / n , /{� /<t erde� Al `•-�r/;/ �rr+ his wife, R ��(nrr ! ���ri7�e•�i.,►^ - �rrcl1YLG[�v, rl 414 �:�ii�It,.�rr' , his wife, of Montano,In consideration of- - '✓6/a� - Dollars,and other good and imluable constderotion,In hand paid,the receipt of which is horeby acknowledged,grant_,Canvey_,oral warrant_to THE MONTANA POWER COMPANY,a corporotloN whose postaffiee address is Butte,Montano,and to Its successors,assigns and permitteas,the right to cwutrud,maintain,operate and remove an electric tmnsmisdoo system land correnunioation syr M as now surveyed and located over,along and across that certain real property,located In 0,u R r r County,Montona,and particularly described as follows,to-wit' S r Together with the right of access to said right of way over and alani existing roods and trolls and the right to F clear and remove all tirnbor and brush from the right of way Jc Feet on each side of cold transmission limo and to cut and remove such treas outside of such right of way which may endanger sold line, W L and?thls ;:V4 day of �'IF �. 1-9 19__G/ STATE OF MONTANA County of (••ier��er�r�r ss ., On this 0 1 F c ,r in the year 19-Lr.,before me, �' 1 rc•ar, • .�► I1j44t+-f> I Notary Public Inan forthe State aforesaid,personally appeared.. ,a - ' r r /Illy F' Llr lr:i.A..irul ►ed ui,t tllr4l.renoyn to me to be the peon_wfwso n m o e-2 `F r< <ubscribed 10 , the within Irstruant,and acknowledged to mo that iJtT_ axmdtd the same. IN WITNESS WHEREOF,I hove hereunto set my hand and affixed my Notarial Seal on the day mid year in this certificate first above written. 6. Notary Public for the State of Me tuna y Residing at Montana. �. )ICTA;:Y PUrd'C fur the G-4to of Montano 0 t My Cummission expires r - -a r=•ate:-�. STATE OF MON)�ANA r County of Filed f(w rd t the req of POWANA POWER COMPANY an the ay of ,19 of mir _ M, d rec0ion Volume of Pogo Records o - •' ''�/ County,Montorm. _ ,Gc• ZiC.4 r COUNTY RECORDER • By _. DEPUTY w _ DEPARTI' OT GF COMMUNITY DEVELOPMENT BRIDGER VIEW redevelopment Section 1 0 Application for Concurrent Construction Bridger View Redevelopment Preliminary Planned Unit Development Application. H R DC BUILDING A • • ® BETTER COMMUNITY • January 23, 2020 o City of Bozeman Development Review Committee L Re: Bridger View Redevelopment PUD e Concurrent Construction Request ' Please accept this letter as a request for concurrent construction of subdivision and building improvements for the Bridger View Redevelopment PUD. _O a, The Bridger View Redevelopment PUD is particularly suited to concurrent construction because t infrastructure of each phase can easily be completed prior to completion and sale of dwellings of that phase. No undeveloped lots will be sold to third parties. The concurrent construction request is supported by the following standard conditions per UDC 38.270.30 D for PUDs. 1. The project will be under control of a single entity, HRDC,with a single general contractor, Langlas,for both subdivision and building construction. 2. Access to the Bridger View Redevelopment PUD currently exists at 2 locations from Bridger Drive. Water and sanitary sewer mains exist along Bridger Drive. The western access will provide subdivision access. The eastern access will be used for construction access. 0 3. The subdivision and buildings are proposed to be completed in three phases. Phase 1 consists of the western portion of the PUD and includes Hillside Drive. subsequent phases will be accessed from streets constructed in Phase 1. Construction traffic will not drive through completed phases. 4. Subdivision infrastructure plans will be approved and financially guaranteed prior to phase's Final Plat and Building Permit issuance. S. The owner will provide insurance,risk acknowledgement,and indemnification in a form acceptable to the City prior to Final Plat and/or Building Permit issuance. 6. All of the PUD proposed improvements are located within the current property and are not required to support adjacent property. Therefore,concurrent construction will not impact existing City systems. 7. No structure will be occupied by a third party until all structures,subdivision infrastructure,and private lot improvements within each respective phase are constructed and accepted by the City. Please let us know if there are any additional conditions required to enable concurrent construction. Sincerely, t p: 406.587.4486 e: hello@thehrdc.org Heather Grenier,President&CEO, HRDC District IX, Inc. a: 32 South Tracy 0 Bozeman, Montana 59715 HRDC BUILDING A BETTER COMMUNITY • JL Langlas ciates GENERAL CONTRACTORS 1/24/2020 City of Bozeman 121 N. Rouse Ave Bozeman, MT 59715 Project: Bridger View Redevelopment RE: Concurrent Construction To Whom It May Concern: Langlas &Associates has been contracted as the GC/CM for the Bridger View Redevelopment Project located near the intersection of Bridger Drive and Story Mill Road. Langlas will be responsible for management of both the subdivision improvements and individual building construction as a single entity. We have generated a phasing plan depicting concurrent construction of the subdivision improvements and the vertical construction. This plan is located in appendix 10.g. We have anticipated construction to +� be completed in three-phases in accordance with PUD documents and our concurrent construction plan, with each phase being completed through landscaping before homeowners are allowed to occupy the completed phase. Once finished, each phase will allow for emergency access and for residents of that phase to access all necessary services including mail,trash, required parking, and neighborhood amenities. Construction traffic associated with subsequent phases of construction will be separated by temporary fencing and separate entrances from any completed and/or occupied phase. We have outlined or estimated work sequence within the subdivision in the concurrent construction plan referenced above. If you have any questions, please don't hesitate to contact the undersigned. Sincerely, LANGLAS&ASSOCIATES,,INC. Benjamin Walker Project Manager 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.41 10 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 2 • • • � t,1NEEA ` I STAHLY as — - - - - - - CONSTRUCTION FENCING ONLY STAHLY k — - OJ, INSTALLEDDURNING SCHEDULED.PATH \ ENGINEERING BRID>G p �TOTHEMRECONSTRUCTION. PATH - - - CONSTRUCTION - - - - 0 $ ASSOCIATES OPEN?O PEDESTRIAA I USE�OURING 1 O' ROW) TRAFFIC ROUTE x PROFESSIONAL OTHER PHASES - - - w ----_� SURVEYORS IN '_- �- - --.. �--- .—seaeng.com ijQ Q c ' 3 6 AHEAD'_S G€-W. 2223 STE.T201 AVE. J - N -DU MEDDLED BILLINGS, MT 59101- Ip RECl3 TRUCTION --- - Phone:(406)601-4055 Fax:(406)601-4062 3530 CENTENNIAL DR. AFDC .� I I OS PHELENA MT hone:(406)4 2-859O1 -SS I RUCTION OD R7rM�F- CP., 1OTHq1i;"TOEI ONS Fax:(406)442-8557 _ - - 851 BRIDGER DR. STE. 1 OPEN CEPTyOURINGS 1 i r - - 1 , __ j I I I BOZEMAN, MT 59715 RECON UCTION �qn I CONSTf3UCT. ACCES GATE W/ I Phone:(406)522-859a Y, I /I ` PEDESTRIAN WARNI G SIG AGE 1 PHASE 1¢2 Fax:(406)522-9528 / �• - ' 1 COFISTRU TION +' I ® I / "PATH CLOSED ) - x i; S S AGING AREA;FOR ISSUE/REVISION REVISION _ JOB�TRAIL S, / I I No. DATE BY AHEAD"SIGNAGE - - 4 DURING SCHEDULED -" - ---- I I TEMPORARY TRAS 8 + j. q l RECONSTRUCTION - If - r c SANFTARY�FACIlR�ES;, -17 II) I 1 9-26-19 1 COP x UE IL S r-- 1 �1 MAT€ IALSfdND r :. - CC TRpC1�ON I- O T 1 MILLWORKS WORKER P'RKIN 1 y FEN EIT�INCLUDE DESCRIPTION I 0 1 COURT 1 + PHA 112j'V a O 1 F 'A.,r C•I �,- BOU p I i PRELIM PLAT SUBMITTAL r 1 +tom cn r�UFi' r 1 i._.. i + I No. DATE I BY h 1 I I I 2 1 1-23-70 1 CDP \JI I DESCRIPTION I 1 / } PRE-PLAT RC SUBMITTAL cs 7 No. DATE BY / / F r ;+ 1 % R-- _--- PHASE 3-- -_ 1, `�---- --��5 I41 I i 3 DESCRIPTION Q e 1 PHASE 1. r _ .-- PH SE 3 r I CONSTRUCTIOr�� No. DATE BY`GF €LW RKS yijgy(�0'ROW) PH E 2 J fT1 I x FENCE TO INCLUDE ,- PHASE 1,2&3 S� 1 a BOUNDARIES I � `O� � � T 4 DESCRIPTION 2F IT CONCURRENT CONSTRUCTION NOTES �L °� 1 3 5. DATE BY 1. �' x /` I J l I DESCRIPTION CONSTRUCTION SEQUENCING WITHIN EACH PHASE j - _ x x / 1. Site Demo,Grubbing,Stripping,and Tree 'n t I - i�1 STOR MI PUR TRAIL 08 I relocation 1 OUTSIDE OFCONSTRU N A I 2. Site Mass Grading I o x < < z g - _ � - - / ANDjAEMA N PEN E%CE D A NG I 3. Sewer Main Q I i S r SCHEDULED RECONSTR CT10 4. Sewer Services a C a 5. Water Main a Q 1� { x I ~ a x I� I I i V Z > W_ W 6. Building Foundations 0 l ~ w 7. Water Services PARKSIDE WALK 1 e "x /� I I, I > 0- - Z 8. Foundation Backfill and Rough Grading 1 A-- -PHASE( `1 ��- • - + W PHASE 2� OJ C3 z 9. Storm Piping r , 9 fl .. ------ l W = a HILLSIDE LANE U 10. Street Sub-base Gravel �J ILL c EE\ ----------- � > w 11. Building Vertical Construction ^ 1 PHASE?--------- — h;. -- �: 60' ESMT) W nl 12. Franchise Utilities �- PH SE 1 4 ROw, o._ ,. I (I"} I I � W m 13. Site Lighting I m W ----------- 14. Street Surfacing HILLSID LANE (6 \ I I 3 15. Sidewalks 16. Stormwater Retention Systems o I I I 17. Finish Grading and Landscaping AD DIT AL ROW 1976 SF I I I PHASE 1 SITE UTILIZATION & ACCESSIBILITY cq PLAN L-i ' _ 1 DESIGNED:CDP 0 0 20 40 80 I 0 ', I DRAWN: JWF I lit DATE: 1-23-20 x SCALE IN FEET ), 1 I I ICI I SHEET 1 11I I I C1.0 i i I STAHLY (IS OS �v�y,7�y�1970 ' STAH{L.�Y AICC _ ENGINEERING �— - - CONS T1o:ss.,vo— - $ ASSOCIATES - CDNS crION BRIDpRIVE (Aka Hwy 86) - (110' ROW) - - _ - ACCCES QONSFRUCT}pN - TRAFFIC ROUTE - �— \ o - PROFESSIONAL i 3 I ENGINEERS 8 SURVEYORS www.seoeng.conn N 2223 STE.MONT201A AVE. BILUNGS, MT _ 1 ��/_ �Y/ .�, . _ i yy�, ,• ,:-•, _�,�•. ..,'% v \ -10 _ I Phone:(406)601-055 1 ~ "/ -/ rv� �— • Fax:(406)601-4062 1F ��1��T RAISED TRAIL �I jl�f�I ��f���Ie //�I D/���A����11 %! CONS7HUCIION.CROSSING" r ` TENNIAL DR.3530 CEN - : - - •. .. - --- ___._ _ _ _ _ _ _ I OS Phone:(406)442-8594 _ - - // •' \. ,.. -- I _ i I I Fox:(406)442-8557 ss W c, CONSTRUCTI ACCESS GATE W / I 851 BRIDGER DR.9715 STE. 1 -(J G� I I Phone:(406)5225 O 8594 9'419 �• PHASEv2 PEDES'fRIAN.WARN AG SI NAGE _ '� I I Fax:(406)522-9528 / 4 iSIDE,.WALKCONSTRUCTION] I I ® I x S'1'AGINT AI EA R' 1 I I / X �X � I ISSUE/REVISION JOB I j �; I I I No. DATE BY / ! 11) + ;~• ���� -- _3 - ,?, SAN ftTARY,0ACIL�TIES; ' I 1I I 1 9-26-19 CDP + L * LOS - f- MAT.E�tIALS AND = K / c �RIICON I WOR ER PARKIN � FENCE I CLUDE I DESCRIPTION MILLWORKS I PHA 2�8 f COURT 6,�� F y, •. BOUNDARIES I I i PRELIM PLAT SUBMITTAL EPERMANENT � RETENTION/SNOW r�l�`. I I I�, I ARECONSTRUCTION .. I No. DATE BY , ti � - I + I I I 2 1-23-20 CDP ( + S + _ I I DESCRIPTION � '' /�•'1ip� i. I FENCE TO INCLUDE � �'I 11 1 I •�T.r✓ o- + - PHASE 2 8 3 l N fY' J BOUNDARIES "C •\ I , • I I I PRE-PLAT RC SUBMITTAL I" No. DATE BY S r' v �� R PH SASE 3 j T/ h I I �1 I DESCRIPTION `\ Z I e - ��--= E 3 - �. ..F�iaiciinvFi:':. 2 rn ; 1 I i I N DATE B Y �T 1 I I I o. c A I I EMERGENCY ACCESS•• •�•• _•..•�•.• , I . _ �- - F% GATE W/TEMP GRAVEb 1 '\ ] 1 I •� �� I DESCRIPTION �+ j/ „CONNECTOR ROAD TQj »I,��_ T ,•i�, z �0 +1 ��� (� �.�' TING ASPHALT ROAD r yO '✓ i / O - It - (/ _ \.I r I I;II ! ( i ! I No. DATE BY w CONCURRENT CONSTRUCTION NOTES G �� j , / ��---�� I I ! 1 5 o � 1 ! LI , � DESCRIPTION g y CONSTRUCTION SEQUENCING WITHIN EACH PHASE y+ X,` I 1. Site Demo,Grubbing,Stripping,and Tree relocation . 2. Site Mass Grading O xo 3. Sewer Main 4. Sewer Services +� :>>,�. LonDl y I a z Ill i Z 5. Water Main i;; x I III ^I W Z 6. Building Foundations =r c �il i W TE � 7. Water Services PARKSIDE WALK v X I I 1� I > (L ZO 8. Foundation Backfill and Rough Grading PHASE 2 Z�'- /- • OJ o 2 9. Storm Piping + :.� . .* _ _ H W W = a 10. Street Sub-base Gravel Imo; ® HILL t EE HILLSIDE LANE > w 11. Building Vertical Construction _� 'm:Zk� -HAS 2 60'IESMT) — W N o I 12. Franchise Utilities + + :- IANGLE m m 13. Site Lighting �` RE DENTA�S.NO------- 14. Street Surfacing / j / ---- i g / ` - TRC-T ::..... ::r......_,._. -40• VISION J I AC ES r g 15. Sidewalks / 35' �DTM TRIANGLE \ 1 `� �1;LSI oGR� \ I 16. Stormwater Retention Systems o? I 17. Finish Grading and Landscaping L ROW 1s�s SF � R � a� _ I PHASE 2 _ \ I (PHASE 1 p a \ I I I RESIDENT OVERFLOW �I OCCUPIED) SITE PARKING. NO I it I CONSTRUCTION \ I x I , — PARKING I ( I UTILIZATION & ACCESSIBILITY PLAN o 5: \ `I •( i DESIGNED:CDP o D 20 40 80 O 1 I\ I I DRAWN: JWF x DATE: 1-23-20 III I I SCALE IN FEET SHEET•',, •�• 11 I I ,I C 1.0 • � � � �y,61tl EFAj�y�, I STAHLY (IS Ds �'pgpT�S� i STAHLY - � RESID AZ`CE55-R0— - _ - _ _ ENGINEERING — CONSTIOTION BRID4pRIVE (Aka Hwy 86) - (110' ROW) - CeNSTRueTfON - _ - - & ASSOCIATES ACCCE //// - TRAFFIC ROUTE RECLAIMED ISTING RIVEWAY WITH TO SOI APPROACH GRASS UPON \ - \ COMPLETION OF PHASE 3 i .3 PROFESSIONAL ENGINEERS 8 SURVEYORS / www.seaeng.tom _\ W _ 2223 STE. 201 AVE. BILLINGS, MT 59101 { RAISED-TRAIL ( % 1� t1 W'G '° C6NSJHUCTION CROSSI G`3;' f - _ ' I 65 5 S— Phone:(406)601-4055 Fa U I`\ x:(406)601-4062 ' f .si`_ .y. � I\ :.:- - /' - \ �D D�` WALK "\ �11��ijVJ�ARNINta\SIGNAGE✓ . _ - - 3530 CENTENNIAL DR. • _ v OS HEL 59501 Phone:(406)442-8594 I Faz:(406)442 8557 SS 851 BRIDGER DR. STE. 1 r'- - .1c- r r i 548,-0985070 BE I Pho e:(0 52 59715 4'p t UCTED AT 1 I Phone: 406)522-8594 PHASE 3 TO / 4 iSID.F> ALK J.• + \ �.9C� / �yC PHASES INTAIN I I Fax:(406)522-9528 W k CONSTRUCTION S 'FOR LCTION I 1( I I I ISSUE/REVISION z! t+ / / / / JOBTAGING T AREARAILERS'+y CESS THROUGH . I I _ ECT. III I No.I DATE I BY + > - - LU♦ S� _ 1 y - SANRARY P TRASES ` C MPLETON I I I 1 9-26-19 CDP E -- 'MATERIALSAND' CON�',TRU.IC�iION I I DESCRIPTION COURT 11 'r,� Y. WORKER PARKING �I FEN• ,T 3�I CLUDE I I PERMANENT PHA UNDAfiIES I I _ I PRELIM PLAT SUBMITTAL RETENTION/SNOW .-- �" � )S � �� I I E STORAGE AREA - - - - --- �'-%'� � g / � I � I No. DATE BY �' - + �� - -� R I I 2 1-23-20 CDP 7 + + \' \ DESCRIPTION c + R - GATES TO ACCESS A ry + l ) ^. + TEMPORARY n \� ax'• ) RETENIn S. i I PRE-PLAT RC SUBMITTAL .. STORAGE FOR PHASE 2 I No. DATE BY ❑_ CP• \ -' � - +aPHAS- 3 t d i 'is C Z7 j I DESCRIPTION 'per ',+ ' ;�� ', + �.-,. am- � o m o.. •�''' / � I o + •.QP //i/ H +g ,, � 9 "-4'- _ /Cam•/ / r I I I 4 �� �� .•. • v,r 9C�.�� �9 �! i -.:.� ����� /i// 9P :i .9,p �/ � �I �� I DESCRIPTION No.I DATE BY CONCURRENT CONSTRUCTION NOTES �/ �`��w. DESCRIPTION gCONSTRUCTION SEQUENCING WITHIN EACH PHASE 1. Site Demo,Grubbing,Stripping,and Tree relocations 2. Site Mass Grading �. / Al 3. Sewer Main + , i, - , _ ,, LOADI 4. Sewer Services v\ 1 �!�' I I �I z 8 5. Water Main � �' ��• a /�ill I W W 6. Building Foundations PARKSIDE WAI K - ,' � I I li i > CL Z 7. Water Services _ r� +� PHAS� Ix aQ o 8. Foundation Backfill and Rough Grading ;�` .a /y LU _J 9. Storm Piping J ffi o;' ® HILLSIDE GREEN 1 _ i' '' HILLSIDE LANE 10. Street Sub-base Gravel ' ;1�1; - ...._• w m :. {p{�ASE.2) ;,'{+ ..� 60 ESMT) — W ry 11. Building Vertical Construction —J' , \� IANGLEIt 12. Franchise Utilities + REs ENTAc m W m + 13. Site Lighting co T eEss.No--------- tY 14. Street Surfacing BOTH �G- + <: '` /\ I' Ruch I -- 40' VISION J AC E B i i 35' p TRIANGLE \ � I g 15. Sidewalks / .. .. .�{�.,�.,`.�... (-kSl E-�R 16. Stormwater Retention Systems a 17. Finish Grading and Landscaping y2 + ALIVI I IUIXAL ROW 1Wo SF + (PHASE 1 & 2 RESIDENT OVERFLOW OCCUPIED SITE PARKING. NO '�L I I I CONSTRUCTION j A PARKING \ I I, I UTILIZATION & ACCESSIBILITY PLAN DRAWN: DESIED:CDP 0 0 20 40 80 xo I I 1 I WF DATE: 1-23-20 SCALE IN FEET ,1 II 11 I �. SHEET 11 1 I C 1.0 November 5, 2019 9. p Tom Rogers,AICP Department of Community Development PO Box 1230 Bozeman MT 59771-1230 RE: Bridger View Redevelopment—Response to Completeness Comments dated 10/22/19 Dear Planner Rogers: Thank you for meeting with us on 10/22/19 to discuss your Completeness Review of our applications that were submitted on 10/8/2019. Please accept this letter and revised materials for the Bridger View PUD and Preliminary Plat.We have outlined how the project addresses YOU comments and have made some changes to the application materials as noted below.While we do not agree with all interpretations made by Planning staff,we cannot sustain the time and expense of additional delays. It is our desire to move this project forward to continue our efforts to make a lasting and substantial investment in Bozeman to help address community housing needs. 1. "Table 38.310.030. Residential uses. Communal parking facilities are not a permitted primary use and must be collocated with a permitted use. See Common Lot 2, 3, 5 and 6." The shared parking facilities on the referenced lots are required parking that is accessory to the residential units; however,to cover your concern,we have added a relaxation to the table although we disagree that it is necessary. 2. "38.320.030.0 Setbacks. Although reduction setback stated and listed the full extent of the encroachment is not clear.Application includes numerous applications of zero setback: (acknowledged in narrative). See Lot 29,40,41, and 50, Block 3 for example." The Lot Exhibits(Appendix C of the Design Guidelines—included in the digital file in Appendix C and included in the separate bound 11 x 17 print out) include proposed building envelopes for each of the 57 residential lots as well as the six Common Lots.These were modeled after The Lakes at Valley West as suggested by Staff.We would be happy to add any additional information you think would be helpful to these diagrams with the Final PUD submittal. 3. "38.350.050.A Encroachments.Application states porches encroach into setback in excess of standards. Deviation not listed, please include." This code section allows encroachments into setbacks for certain elements of a building.This is already covered by the setback relaxation. For example,if a relaxation specifies that a building can be built to a zero setback,that would include a porch which is part of the building.We have added this section to the relaxation table even though we disagree that it is necessary. 4. "38.360.030 Accessory Structures. Common Lot 2 and 3 show"accessory" structures located within required setbacks. Deviation not listed." A relaxation from the building setbacks section covers this scenario.We have added this section to the relaxation table even though we disagree that it is necessary. 5. "38.400.020.A.2 Streets and road dedication (see plat notes).Application proposes private streets that are not designed to City standards. Deviation not listed, please include." We do not need a relaxation from this section which states that if a private street is proposed, the project must be reviewed as a planned unit development.Subsection (1) and (2)only apply if a project is exempt from the PUD review which this project is not.The proposed internal streets are proposed as rights-of-way dedicated for public use owned and maintained by the Bridger View Owner's Association. Funding and scheduling of maintenance will be addressed by the Covenants. Note that we have added a relaxation from Section 38.400.050 to cover the proposed width and design of the non-standard rights-of-way. 6. "38.400.060. Street improvement standards.The proposed ROW do not meet minimum City standards. Blue Silos Way, Millworks Way, and Flourhouse Way do not meet City standard width. Please revise the requested PUD deviation requests to revise the preliminary plat and PUD." We are meeting the requirements of this section. Per the Engineering Department, a Level of Service waiver does not necessitate a PUD relaxation.Again,we have added a relaxation from Section 38.400.050 to cover the comment about the street width and design. 7. "38.410.030.1. Frontage" a. "38.410.060 Easements. Multiple relaxation are needed. Easements are required in front yards. Minimum size is 10 feet." We have broken out the easement relaxation requests into two parts—private utility easements and public utility easements as you requested. b. "38.400.090.A and B. Lot access and drive access from improved public street, approved private street or alley required. Different function to relaxation listed." We have reworded the language in the table for clarity. c. "76-3-608 MCA, legal and physical access to each lot." Legal counsel has determined that the public access easements and ROW shown on the Preliminary Plat meet the requirements of legal and physical access to lots as set forth in 76-3-608 MCA. 8. "Lot C-2 and 3 exceeds requested relaxation of vision triangle standard." No,these lots meet the proposed street vision triangles.The garages and trash enclosures do not impede on the proposed street vision triangles.See Sheet C5.0. 9. "38.410.060.B. Private utility easements. Required 10 foot front easement are proposed to be reduced to 5 feet.A request to reduce this standard must be accompanied with written approval from ALL utility providers." L We have attached conditional approvals from Northwestern Energy and Charter Communications in Appendix 10.r of the Preliminary Plat.We would like to continue to work through the details of the design with these utility companies and the City during the preliminary plat review. 10. "38.410.060.0 Public utility easements. Sewer main easement must be in a 30-foot easement. Proposing to reduce existing 30 feet sewer easement to a 25-foot easement." For clarity,we have broken out this code section as two separate relaxations in the table. We are proposing a very specific plan for easements that is well-detailed in the application. Easements less than 30 feet are only proposed when they are directly adjacent to open space that is secured with a Public Access Easement. 11. "38.540.050. Parking requirement. One on street space may be used directly in front of a lot. Intermediating parcel between numerous lots. Parking on south side of Hillside Lane does not quality to meet parking requirements." We disagree since the HRDC owns most of the property on both sides of Hillside Lane; however,we have revised our parking calculations and removed all 14 parking spaces on the south side of Hillside Lane.The overall parking provided still exceeds what is required; however,a relaxation is still needed due to the distribution and location of the parking spaces. 12. "Please provide a parking schematic showing location and dimensions of all parking areas and spaces used to meet minimum parking requirements. Dimension must include backing requirements where appropriate." No relaxations are requested for parking space dimensions or backing distances.The requested information is already provided in the application-the garage and carport space dimensions are shown on Sheet AM.Sheet C4.2 includes typical sections including the alley woonerf.Sheet L1.1 includes backing distances and SP4 shows parking locations.We have added notes and dimensions to these drawings for clarify.We can denote parking and add additional dimensions on the Lot Exhibits if that would be helpful with the Final PUD. • "Lot 16, Block 2 and Common Lot 3 show stacked parking on parcel across lot lines." Yes—as indicated on Sheet SP4,those spaces are assigned to those specific lots and will function just like a driveway.This is covered under the relaxation to allow off-site parking for these homes. Performance Points 1. "(b) Open Space. Given no parkland is provided on site and yards are deduced through deviations,that allows the additional open space. In addition, some of the OS areas are required access and pedestrians circulations points. Appears the abundant open space is in fact double dipping from required access and circulation system. For example block length and width separation requirements and pedestrian access pathways. Please remove open space which primary use is lot access, or necessary pedestrian circulation not provided by street. Please update the PUD performance calculation accordingly." We have revised Sheet L3.0 and the PUD Points table as discussed in our 10/22 meeting and coordinated references in the application.We have removed Hillside Green and Hillside Grove from the open space calculations to allow these areas to count toward the streetscape enhancements to Hillside Lane instead.See#3 below. 2. "(d) Underutilized site. Up to 1/3 of total = 6.67. One point for each 50%increase in residential units on site (0 to 62 is infinite). If this provision is to be used the City will consider the previously established mobile home park units with the revised submittal." The calculation is not infinite because of the 1/3 point limit.We disagree with this analysis which implies that a vacant site could not qualify for points, however,we cannot afford to let this disagreement hold up our project.The application has, been revised to include the 40 trailers that were present on this parcel in 2006. (Note that the remainder of the trailers were on the park parcel.)The increase in units from 40 to 62 qualifies the project for one performance point in this category. 3. "(k) Streetscape Improvements. All proposed improvements must be within ROW. Improvements on private property do not quality for this performance option." The code language states:"Streetscape improvements(6 points):Streetscape design features that exceed the minimum street standards including street furniture,pedestrian lighting, low- impact development techniques, on-street parking standards, crosswalks, landscape and planting,way-finding, public art or other design elements. Such elements must be installed as part of the street infrastructure."This language does not require that all the improvements be located within the ROW. In fact,cramming all these improvements within a local street ROW would create many functional problems. This project proposes improvements(low impact stormwater management,on-street parking, crosswalks, landscaping) in the ROW where it makes sense and physically fits.Other enhancements(benches, lighting, additional landscaping,wayfinding,art)are included in the public access easements directly adjacent to the ROW.To ensure no"double dipping," Hillside Green and Hillside Grove have been removed from the open space point calculations. Specifically regarding wayfinding,please refer to Page 34 of the Design Guidelines.The exact location of this signage will be coordinated with final landscaping and utilities with the Final PUD. • Need narrative describing subdivision deviations and zoning deviations separately with an exhibit illustrating zoning deviations and their location and an exhibit(s) illustrating subdivision deviations and their locations. The Concept PUD application included a subdivision/zoning distinction of relaxations; however,we were asked to combine them because the Unified Development Code specially has subdivision and zoning in one document.The text in Section 04 lists our official relaxations; however,we have also added a graphic to the submittal to help explain the relaxations. • Complete illustrations articulating and describing where each deviation applies and how is needed.Specifically for future development and ongoing review throughout the development of the project.These illustrations are for the public during the review period, Commission,future property owners and City staff. The Lot Exhibits include the proposed building envelopes per lot. If additional information is identified during this preliminary review,we can certainly revise these exhibits for the Final PUD.Again,these exhibits were modeled after an example cited by Staff. • Please include an ADA plan with the revised plans. See attached letter from one of the project architects,Chris Guignon,AIA. We have addressed all your concerns in the responses above and in edits to the application materials. The application is both complete and sufficient. We would like to request that any additional items be addressed in the.conditions of approval,the Final PUD and the Final Plat. It is absolutely essential that we get the clock started on these applications. We understand that the number of applications may exceed the ability of the city to process them simultaneously and request that code section 38.230.050.E be applied: "In the event that the volume of site development applications submitted for review exceeds the ability of the city to process them simultaneously, preference in order of scheduling will be given to those projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units." In addition to providing five Lower-priced homes to meet the requirements of the Affordable Housing Ordinance,the development partners are committed to investing in making an additional 26 homes available and affordable to households earning between 80 and 120%of the Area Median Income, representing Bozeman's"missing middle." Furthermore,the development partners are committed to keeping the Lower-priced and "missing middle" homes permanently affordable through the establishment of a new community land trust entity, ensuring that the investments necessary to achieve affordability endure for generations. We look forward to working together on this important project. Sincerely, Y\ Susan Riggs,AICP Chris Guignon,AIA evolve environmenUarchitecture 6020 Broad Street Pittsburgh, PA 15206 October 29, 2019 Tom Rogers,AICP City of Bozeman Department of Community Development PO Box 1230 Bozeman MT 59771-1230 RE: Bridger View Redevelopment Preliminary PUD and Plat Dear Mr. Rogers This letter is in regards to the design intent for accessibility in Bridtier View Redevelopment,a 62-unit residential neighborhood in north-east Bozeman. General accessibility requirements have been considered by the design team and incorporated into the site plan design.The design intent is for pedestrian sidewalks,common structures and outdoor spaces on common lots, and the Common House to be ADA-compliant.This will be. finalized with completion of the grading plan. The majority of the living units in the development are single-household units,with the exception of five duplex units along the park edge. No buildings on site contain four or more dwelling units, and therefore requirements of the Fair Housing Act do not apply. However,the design team is designing for adaptability and aging-in-place where possible within the units. Sincerely, Chris Guignon,AIA Senior Project Manager 412-362-2100 chris@evolveea.com evolve environment::architecture evolve Llc 6020 Broad Street Pittsburgh,PA 15206 7412 362.2100 F412.291.1582 www.evolvaEA.com